Advocate Qualification Attestation (Kazakhstan) study materials
Advocate Qualification Attestation (Kazakhstan) study resources

Advocate Qualification Attestation (Kazakhstan): Administrative Law and Administrative Procedure

Advocate Qualification Attestation (Kazakhstan) · Work through your exam, one topic at a time.

All guide sections

Administrative Law and Administrative Procedure

Core rules

Administrative law regulates relations between citizens and public bodies. Two codes matter: the Code of Administrative Offences (2014) and the Code of Administrative Procedure (2020), which governs public-law disputes and administrative procedures. Administrative acts must be lawful, reasoned, proportionate and issued by a competent body. Citizens have rights to participation, access to information, a reasoned decision and appeal to a higher body or court.

An administrative offence requires an unlawful, culpable act, generally by a person aged 16. Penalties include warning, fine, administrative arrest, deprivation of a special right and suspension. Proceedings require a protocol, explanation of rights, evidence and a reasoned decision. Appeals are heard within statutory deadlines. The court reviews legality, evidence and proportionality, not the body's policy choices.

Worked example

An entrepreneur receives a fine from a tax authority for late submission of a declaration. The decision does not state the evidence or the legal basis. Issue: can the fine stand? An administrative act must be reasoned and based on evidence. The advocate requests the case file, checks whether the deadline was in fact missed and whether there was a valid extension or technical error. The advocate appeals to the higher tax body and then to court within the statutory period, seeking annulment because the act lacks reasoning and proof. Payment of the fine should not be treated as an admission.

Traps

Do not confuse the Administrative Offences Code with the Administrative Procedure Code. Do not miss short appeal deadlines. Do not assume a court will substitute its own discretion for the body's lawful discretion. Do not ignore a requirement to exhaust a higher-body appeal where the law requires it.