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DOI: http://dx.doi.org/10.20534/EJLPS-17-1-65-67
Ospanova Dzhamilya Azizkhanovna, Al-Farabi Kazakh National University, Kazakhstan, Almaty Candidate of Law Sciences, associate professor of chair of the theory and history of state and law, constitutional and administrative law,
law department E-mail: azizkhan-0606@mail.ru Baimakhanova Dina Muratovna, Al-Farabi Kazakh National University, Kazakhstan, Almaty Doctor of law, professor of chair of the theory and history of state and law, constitutional and administrative law, law department
E-mail: dina-405@mail.ru
To a question of development of the administrative legislation in the Republic of Kazakhstan
Abstract: In this article is considered tendencies of development of the modern administrative legislation in the Republic of Kazakhstan. Reforming of the administrative legislation is caused by certain difficulties in practice of law-enforcement activities of the modern period of development as imperfection of the existing administrative legislation generated uncertainty on a number of questions. Keywords: administrative legislation, reform, codification, law-enforcement activity.
Reforming of the administrative legislation is the rights and freedoms of the person was performed.
caused by certain difficulties in practice of law-enforcement activities of the modern period of development as imperfection of the existing administrative legislation generated uncertainty on a number of questions. For example, rather legal nature of the sanctions provided in various laws, presidential decrees, the orders of the Government of the Republic of Kazakhstan, and also an order of their application that, eventually, negatively affected protection ofthe rights and freedoms of the person and citizen, the organizations in the administrative and delictual relations.
Considering the social and economic and political transformations happening in Kazakhstan this period of development where the main idea of activities of state bodies was creation in the Republic of Kazakhstan of the constitutional and democratic state founded on market economy it is necessary to specify that in the Republic of Kazakhstan the attempt of strict implementation of rules that borders of state regulation of the developing administrative and delictual relations shall be determined strictly by a legal framework and the legislation which aim at a problem of the maximum ensuring the principle of a priority of
In the context of reforming of the administrative and delictual legislation which main regulation the Code of Administrative Offences shall be noticeable lagging in its development was observed that it was connected, first of all, with difficulties of a transition period. At the same time it is necessary to specify that measures of administrative and legal coercion protect not only regulations of the administrative right, but also the regulations relating to other industries of the right. At the same time, characteristic feature of this period was also that in all spheres of the Kazakhstan legislation codification of regulatory legal acts which result was an adoption of new industry codes of the Republic of Kazakhstan was performed: civil, criminal, civil procedural, criminal procedure, criminal and executive, etc.
Adoption of the Code of the Republic of Kazakhstan about administrative offenses of May 14, 2015 became a significant event not only for the administrative and delictual legislation, but for all administrative right of Kazakhstan in general. Eloquently demonstrated the fact of implementation of its second codification which allowed to bring
Section 10. Theory and philosophy of politics, history and methodology of political science
a considerable standard array of the administrative and delictual legislation into accord not only with the Constitution of the Republic of Kazakhstan, but also with modern social and economic realities of the country to it.
So, in the modern administrative and delictual legislation qualitatively new approaches to a legal regulation of regularities of implementation of institute of the administrative responsibility which regularities are determined in following provisions of the Code of the Republic of Kazakhstan about administrative offenses of May 14, 2015 are allocated:
- in chapter 5 of the General part the Administrative Code of RK "The Circumstances Excluding the Administrative Responsibility";
- in chapter 8 of the General part the Administrative Code of RK "Release from the Administrative Responsibility and Administrative Punishment";
- in chapter 9 of the General part the Administrative Code of RK "Administrative Responsibility of Minors", etc.
Told demonstrates that the idea about forming of qualitatively new institute of the administrative responsibility in system of the Kazakhstan administrative law of torts by the legislator is substantially realized. And it isn't accidental as judgments of this sort visually are confirmed by the following examples.
As we stated above, the whole chapters devoted to a regulation of the called types of the public relations were published in the new Code of the Republic of Kazakhstan about administrative offenses.
Changes in political and legal reality, new approaches in rule-making, efforts of scientists in the sphere of the administrative right led to corresponding changes in an industry from the point of view of its standard and legal filling. There was a large number of own acts, and at the level of laws which existence during the Soviet period was impossible (civil service laws, ministerial procedures, appeals of physical persons and legal entities, etc.).
Further reforming of the administrative and delictual legislation of the Republic of Kazakhstan is inseparably linked with adoption of the Concept of policy of law of the Republic of Kazakhstan of September 20, 2002.
Advantage of the called Concept is that within the specified document by the legislator it is deter-
mined that "the current legislation providing functioning of a system oflaw of the country according to the Constitution of the Republic of Kazakhstan, the conventional principles and rules of international law requires further development, in particular, of step-by-step enhancement ofcurrent laws, and also acceptance in need of the new regulatory legal acts meeting the requirements of further democratization of society and tasks of social and economic development".
The concept also determined tasks of further enhancement of management and control and supervising activity of state bodies, departmental and judicial control of respecting the rule of law in case of application of measures of administrative and forced impact is strengthened, the system of centralized accounting and collection of penalties is created.
In the context of the ideas promoting further development of administrative law of torts, the Concept of policy of law of the Republic of Kazakhstan for 2002-2010 assumed decriminalization of individual clauses of the Criminal code due to strengthening of the administrative responsibility that formed the basis for origin and entering of many additions and changes in structure of RK operating the Administrative Code.
Emphasizing a role and value of the Concept of policy of law of the Republic of Kazakhstan accepted in 2002 it should be noted that it determined the main directions of development of a system of law of the country for the period till 2010.
In this Concept for the first time for all history of development of the administrative legislation the idea that "an important component of the administrative right is the administrative law of torts which prospects of development are connected with updating of the legislation on administrative offenses which cornerstone recognition of the constitutional regulations about the rights and freedoms of the person and citizen directly acting shall be, determining a sense, content and application of laws triumphed.
The legislation on administrative offenses shall be most directed to recovery of the violated rights, the prevention of the legal conflicts in society by administrative legal measures. At the same time when forming administrative legal sanctions the principle of their harmony of degree of public danger and to nature of an offense" shall be observed strictly.
Essentially that the called starting positions formed a basis for further forming of the new administrative and delictual legislation, and studying of practice of application of the Code of the Republic of Kazakhstan about administrative offenses, both judges, and other subjects of administrative juris-dictional activities, caused the necessity of entering of essential changes into the Code of the Republic of Kazakhstan about administrative offenses and in some other legal acts of the Republic of Kazakhstan regulating the administrative and delictual relations. The bases for this purpose were the numerous conflict moments which were characteristic of the existing administrative and delictual legislation:
- first, remained not up to the end worked out problematic issues of a ratio of regulations of the Code of the Republic of Kazakhstan of administrative offenses with other regulations of the administrative legislation;
- secondly, it was not until the end of worked a regulation about a deadline of pronouncement of the resolution on the case of an administrative offense from the moment of making of an offense. Unfortunately, it still allows its double interpretation of law enforcement by bodies. So, for example, one judges consider this term as preclusive, others carry this term only by the time of pronouncement of primary resolution on case;
- thirdly, in the Code of the Republic of Kazakhstan about administrative offenses it is necessary to
make changes to individual clauses of the Special part to exclude their contradictions with other articles of the Special part and other sections, and also to provide compliance to requirements of the theory and practice;
- fourthly, there is still a question of feasibility of "binding" of the sizes of administrative penalties to minimum payments of work (MRP), etc.
Tasks of administrative production are protection of the violated or challenged rights, freedoms and interests of the person and citizen, legitimate interests of legal entities protected by the law, strengthening of legality and law and order, the prevention of offenses, and also timely, complete and objective clarification of circumstances of each case, permission it according to the Draft of this Code, ensuring execution of the passed decision.
In conclusion it is necessary to specify that processes of enhancement of administrative law of torts to be limited to those processes and actions about which we already told can't. Dynamics of the modern administrative and delictual relations demonstrates that ahead of us wait for the new researches promoting further enhancement of the administrative and delictual legislation. In this case it is necessary to agree that the Kazakhstan administrative and delictual legislation which changed within the last decade after all still will present us the new conceptual structural changes requiring the further theoretical judgment and reflection on pages of a modern legal seal.
References:
1. Administrative right: A training course/Under the editorship of R. A. Podoprigora. - Almaty: Tax expert, - 2010. - 368 p.
2. Concept of policy of law of the Republic of Kazakhstan. It is approved by the Presidential decree of the Republic of Kazakhstan of - September 20, - 2002 - No. 949. - Almaty: DEShKIS, - 2002. - 28 p.
3. Draft of the Administrative procedural code of the Republic of Kazakhstan (July, 2009). - Almaty: A charter for human rights, - 2009. - 157 p.
