The Mazhilis deputies on March 13 approved in the first reading amendments to certain legislative acts aimed at improving and expanding the scope of administrative justice.
The Minister of Justice, Azamat Eskaraev, outlined three main directions of the draft law:
- transferring certain categories of public law disputes from the Civil Procedure Code to the realm of administrative justice;
- granting the government authority to resolve disputes and clarify legislative norms between state bodies, government agencies, and state organizations;
- further adjustments to both individual legislative norms on administrative procedures and corresponding changes to the Administrative Procedure Code.
Eskaraev noted the ongoing process of refining judicial practices within administrative proceedings. The increase in lawsuits being filed in specialized interdistrict administrative courts has been observed. The Supreme Court, like the Ministry of Justice, has highlighted the lack of attention to procedural aspects in handling administrative cases, leading to a broader judicial discretion and increased workload on administrative courts.
The Ministry identified two categories of cases in the Civil Procedure Code that are deemed suitable for transfer. The draft law proposes the exclusion of Chapter 44 from the Civil Procedure Code, shifting the resolution of these disputes to the Administrative Procedural Code. Additionally, the transfer of Chapter 30 from the Civil Procedure Code is suggested, as it is closely related to the activities of the Constitutional Court.
In his address to the people of Kazakhstan, the head of state also emphasized the need to assign the government the authority to resolve disputes between government bodies and state organizations. The essence of dispute resolution should focus on settling "rights disputes" rather than interpreting legislative acts. The Ministry of Justice has developed an approach where disputes between government bodies and organizations will be considered according to the rules of the Administrative Procedure Code and government regulations.
For instance, if one government body disagrees with another's decision, it can file an administrative complaint with the higher authority and, if still dissatisfied, escalate the issue to the government apparatus.
In addition to the above, there are plans to reduce the number of returned lawsuits due to the absence of pre-trial dispute resolution procedures. This will increase the accountability of government bodies, as each will have a clear hierarchy for handling complaints.
During the same session, Mazhilis deputies also took up a bill for joint efforts between Kazakhstan and Uzbekistan to improve the ecological situation in the Aral Sea basin.
