ADMINISTRATIVE JUSTICE: A NEW STAGE
In administrative justice, the focus is not only on restoring violated rights, but also on preventing rights violations and ensuring effective judicial control over decisions of government authorities.
Proposals for taking administrative justice to a new stage have been presented to the Head of State.
📊 What do the figures show?
Since 2017, administrative courts have considered nearly 150,000 cases. In more than 70,000 cases, unlawful decisions of government authorities were annulled. In addition, nearly 27,000 private rulings were issued concerning unlawful actions of officials.
✔️ What is being proposed at the new stage?
introducing four types of claims for applying to court;
ensuring proactive judicial protection aimed at protecting rights before they are violated;
creating the possibility of filing an application without a time limit to establish that a government authority has violated the law;
granting the right to apply directly to an administrative court to challenge regulatory legal acts of local government authorities;
enabling courts to review the legality and reasonableness of the exercise of discretionary powers by government authorities;
strengthening mechanisms to ensure the unconditional enforcement of court decisions.
💡 An important aspect:
This approach envisages further developing administrative courts not merely as institutions that remedy the consequences of rights violations that have already occurred, but as a mechanism for exercising effective judicial control over the activities of government authorities and helping prevent violations of rights.
🖥 A new issue for legal professionals:
In administrative proceedings, it will now be important to consider not only the question “Is the decision lawful?”, but also “On what grounds and through what procedure did the government authority make this decision?”
✍️ I. Ergashev, Head of the Department of Administrative and Legal Disciplines
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