ON THE CLASSIFICATION OF THE PRINCIPLES OF ADMINISTRATIVE PROCEEDINGS AND ADMINISRTATIVE PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN

Yerik Bulatovich Akhmetov, Mereke Konyskhanovna Zhurunova

2022

Closed access Metadata (CSL-JSON)
DOI 10.52026/2788-5291_2021_69_2_223
Data confidence 70 medium
How this score is calculated

It is built from checkable properties of the record itself: whether the article has a DOI, how many independent sources confirmed its data, whether the required fields are filled in, and how recent the latest confirmation is. Disagreement between sources and a missing identifier lower it. A value of 80 or above means the record was published without further checking; 60 to 79 means it is published at reduced confidence, with a manual check advisable. A record verified by an editor by hand is never pushed below 90 by a recalculation. This scores our data about the article, not the article itself.

Abstract

The article deals with the classification of the basic principles of administrative procedures. The main attention is paid to the identification of the main functions, the system and the hierarchy of principles. The scientific novelty lies in the study of important subordinate guiding principles, the influence of which is decisive for the principles of administrative procedures, and therefore for the entire system of public administration. The author concludes that everyone has the right to a fair and public hearing of the case within a reasonable time by an independent and impartial court established on the basis of the law in the event of a dispute about his civil rights and obligations or when any charge is brought against him. A brief overview of the basic principles of administrative procedures and their implementation in the countries of the near and far abroad was made. Thus, further analysis of the basic principles of administrative procedures is necessary. At the same time, the institution of administrative procedures, especially their principles, as well as the principles of administrative law in general, for the legislator and even the doctrine still remain largely unexplored and poorly understood problem. The author also concluded that the main feature of the principles of administrative procedures is their direct effect and specific regularity. The principles of administrative procedures are formulated not as declarations, but with a clear and pragmatic purpose — to act as special means of legal regulation. The principles of procedures are intended to become a reference point not only for the legislator, but also (which is extremely important) for the law enforcement officer. The author also believes that the principles of administrative procedures are a special group of principles of managerial administrative law. The principles define the essence of dynamic regulatory activity of public administration. The consistency of the principles is determined by the prevailing procedural doctrines. Thus, further analysis of the basic principles of administrative procedures is necessary.