There was a meeting of the working group on drafting the Administrative Procedure Code at the Supreme Court

Chairman of the specialized judicial division of the Supreme Court Aigul Kydyrbaeva held a meeting of the working group for drafting the Administrative Procedure Code.

Judges of the Supreme Court and officials of the Department took part in the meeting.

Speaking of the draft Code, A.Kydyrbaeva noted that the Concept of Legal Policy of the Republic of Kazakhstan for the period 2010 to 2020 provides for the establishment of administrative justice, which, along with criminal and civil proceedings should become a fully-fledged form of administration of justice.

Raising the question of the need to develop the Code, the judge of the Supreme Court Valery Nozdrin noted: "By its nature, administrative proceedings - the institution that protects the rights of citizens and organizations from illegal actions of state bodies and their officials."

APC draft considers cases arising from public relations. The participants emphasized that the development of APC draft due to the fact that in cases of this category on the one hand by the plaintiff is a citizen, legal person or an organization, and the other side is the state, represented by its state administrative body.

As the government body has governmental authority, and, as a rule, it has its own legal unit, the position of the plaintiff (the citizen, legal entity or organization) - on the one hand and the authority of government - on the other, cannot be considered equal. These relations are governed by a huge layer of legislation: in health care, architecture, construction, land use, fire safety, taxation and customs regulation, pricing, antitrust, energy, public services, national security, etc.

There is therefore a need to develop a normative legal act that would define the procedural order of consideration of this category of cases, considering the specificity and importance of the state activity in the person of its administrative bodies and ensured the rights of a citizen or legal person for judicial protection of the rights and legitimate interests.

At the end of the meeting A.Kydyrbaeva put before the working group a number of objectives of the need to discuss APC draft norms by the interested bodies.