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SPECIFIC FEATURES AND ISSUES OF CONCILIATION PROCEDURES IN ADMINISTRATIVE PROCEEDINGS

https://doi.org/10.52425/25187252_2024_31_11

Abstract

This article considers specific features of administrative procedures and administrative legal proceedings in the application of the norms of the Administrative Procedure Code of the Republic of Kazakhstan dated June 29, 2020 for №350-VI-ZRC, enacted from July 01, 2021. The purpose of the article is to consider the features of administrative procedures, administrative proceedings and conciliation procedures in resolving publiclaw disputes under the Administrative Procedure Code, as well as to analyse certain issues of its application. During the research, general scientific and private scientific legal methods of cognition were used. With the introduction of the Administrative Procedure Code norms for state bodies to carry out both internal and external administrative procedures has been streamlined, as well as administrative proceedings for the resolution of public-law disputes with the participation of an administrative (state) body or its official have been separated. The article touches upon the problems of passive application of conciliation procedures at the initial stage when resolving public-law disputes by courts. At the same time, according to the authors, the introduction of the institute of administrative courts for consideration of administrative cases and public-law disputes should become an effective and efficient means of ensuring the protection of the rights and legitimate interests of citizens and legal entities.

About the Author

A. I. Karipova
«Turan-Astana» University
Kazakhstan

Karipova Assel Isenkeldyevna – Associate Professor of the Department of National and International Law at «Turan-Astana» University, Candidate of Law, Associate Professor

Astana c.



References

1. R. Schmidt. Allgemeines Verwaltungsrecht – 12. Auflage, 2008 – 375 p. [Electronic resource] – Access mode: https://beckassets.blob.core.windows.net/product/readingsample/246641/9783866510722_excerpt_001.pdf (Access data: 05.01.2024).

2. Jestaedt, Matthias. «Maßstäbe des Verwaltungshandelns». Allgemeines Verwaltungsrecht: Mit Jura-Kartei (JK) auf CD-ROM, edited by Hans-Uwe Erichsen and Dirk Ehlers, Berlin, New York: De Gruyter, 2010. – Pp. 329-378 [Electronic resource] – Access mode: https://doi.org/10.1515/9783899498509.329 (Access data: 05.01.2024).


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For citations:


Karipova A.I. SPECIFIC FEATURES AND ISSUES OF CONCILIATION PROCEDURES IN ADMINISTRATIVE PROCEEDINGS. Bulletin of the Law Enforcement Academy. 2024;(1 (31)):11-18. (In Kazakh) https://doi.org/10.52425/25187252_2024_31_11

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ISSN 2518-7252 (Print)
ISSN 3079-4609 (Online)