Administrative and procedural activities

Lecture 14

Administrative and procedural activities.

Plan:

1. The concept of jurisdiction in administrative office management and its types.

2. The concept of administrative procedure of the office and its types.

1. administrative process is the activity of subjects of administrative and procedural relations authorized to do so within the framework of state administration, regulated by the norms of administrative law for the resolution of individual, specific cases.

Administrative process differs from other types of process (criminal, civil). An administrative process is an action that is performed one after another in order to carry out management activities. It is considered a form of implementation of the norms of administrative substantive and other branches of law.

The content of the administrative process is the managerial procedural relations between the subjects of the process related to the exercise of their rights or duties within the management.

Another difference between the administrative process and other types of process (criminal, civil) is that it covers a wide range of public relations and has a very complex, large-scale procedural (production) structure, which is regulated by many administrative and procedural rules.

Administrative proceedings are the activities of bodies and officials authorized to consider cases of administrative offenses, as well as the bodies and officials involved in them in the form of legal relations in order to fully, comprehensively resolve the case in accordance with the law, conducted in a special administrative procedure.

The main principles of the administrative process are:

1. The principle of legality. The legal characteristics of the administrative process are based on the requirements of the Constitution of the Republic of Kazakhstan.

2. the principle of objectivity. Comprehensive, complete and objective clarification of all the circumstances of the case.

3. the principle of equality of subjects of administrative proceedings before the law and the body that resolves the case.meaning-in fixing a certain administrative and procedural status, in connection with which every person and citizen are equal before the law and the body that resolves administrative matters, regardless of origin, social, official and property status, race and nationality, beliefs, gender, language, attitude to religion and the nature of the work performed, place of residence.

4. the principle of publicity. - openness of the process for citizens. The process is conducted in an open form, only when considering aspects of the person, life of the participants in the case and affecting the interests of preserving state secrets.

5. rules for conducting business in the national language. Depending on the participants in the case, the right to speak their native language and use the services of a correspondent free of charge, if the clerk does not speak the language, is explained and ensured during the consideration of the case.

6. the principle of cost-effectiveness and efficiency of the process. Management cases are considered and resolved within the time limits established by law and allow the execution of the decision (question) made in the case.

7. rules of responsibility for violation of the procedure of the process and the adopted act (decision). In connection with this position, guilty officials who have adopted the provisions of the process or an illegal act (Decision) are brought to disciplinary or criminal responsibility.

Subjects (participants) in the administrative process are considered to be:

1. citizens of the Republic of Kazakhstan, foreign citizens and stateless persons.

2. state bodies, enterprises and institutions.

3. public associations and non-governmental organizations, enterprises and institutions

4. civil servants.

5. employees of public associations and other non-governmental organizations.

2. the stages of the administrative process.

Procedural actions are performed in a certain logical order. These actions are grouped into specific steps that:

1. Initiation of a management case (question) and its investigation are the powers of the authorized state body (official). The body that initiated the case checks it, that is, collects material related to the case, information that determines the significance and necessity of the initiated case.

Then it determines the reasons and grounds for initiating the case, prepares the case for consideration on the merits, and so on.

2. the case is considered by the authorized body (official). At the stage of consideration of the case, all the circumstances are studied, and if necessary, additional materials are collected.

3. making a decision on the case. After reviewing all the materials, the body (official) takes (makes) a decision on the case, which must meet the requirements of all documents adopted individually.

4. appeal and appeal of the case. Participants in the proceedings and interested persons in the case have the right to appeal the decision taken in the case. A decision taken in a case in accordance with the procedure established by law may be appealed by the Prosecutor. When considering a complaint or protest against a decision in a case, the body (official) verifies the legality and validity of the decision.