On the issue of the principle of fairness in the administrative court proceedings of the Republic of Kazakhstan

Abstract

The article examines the content and role of the principle of justice in the administrative legal proceedings of the Republic of Kazakhstan in the context of the establishment of a new model of administrative justice. Based on a systematic and comparative legal analysis, the author examines the relationship between the principles of legality and justice, their normative consolidation in the Administrative Procedural Code, and their impact on the nature of judicial control over public administration. It is shown that the application of justice, along with legality, is a necessary condition for turning administrative proceedings into an effective mechanism for protecting the rights and legitimate interests of individuals from unlawful actions of public authorities.

Special attention is paid to practical aspects of the implementation of the principle of justice: the problems of its interpretation by the courts, the tension between formal adherence to the law and the requirement of an individualized, proportionate and humane solution to a public legal dispute, as well as the search for criteria for «the only possible, most reasonable and humane solution within the framework of the law». Based on the material of Kazakh judicial practice and taking into account foreign experience, it is demonstrated that justice is not optional, but a system-forming principle of the administrative process, determining the quality of public administration and trust in administrative justice. The article substantiates the need for further improvement of the legislative regulation of the principle of fairness and the development of doctrinal approaches to its concretization for the sustainable development of administrative legal proceedings in Kazakhstan.

The effective implementation of the principle of justice, explanations in court, the harmonious balance of law and morality, the main criteria for making an optimal decision in domestic practice, and advanced foreign models are widely discussed. The need for further improvement of legislation is also comprehensively and scientifically comprehensively considered.