Article 10. Proportionality Administrative Procedural Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 10. Proportionality Administrative Procedural Procedure Code of the Republic of Kazakhstan

1. When exercising administrative discretion, the administrative body and the official ensure a fair balance of interests between the participant in the administrative procedure and the company.

At the same time, an administrative act or administrative action (inaction) must be proportionate, that is, appropriate, necessary and proportionate.

2. An administrative act, administrative action (inaction) are considered suitable if they are acceptable for achieving the goal established by the laws of the Republic of Kazakhstan.

An administrative act or an administrative action (inaction) is considered necessary if it restricts the rights, freedoms and legitimate interests of the participant in the administrative procedure to the least extent.

An administrative act or an administrative action (inaction) is considered proportionate if the public benefit resulting from restrictions on the rights, freedoms and legitimate interests of a participant in an administrative procedure is greater than the harm caused by these restrictions.

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Republic of Kazakhstan

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