Article 7. The principle of legality Administrative Procedural Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 7. The principle of legality Administrative Procedural Procedure Code of the Republic of Kazakhstan

1. An administrative body or official shall carry out administrative procedures within its competence and in accordance with the Constitution of the Republic of Kazakhstan, this Code and other regulatory legal acts of the Republic of Kazakhstan.

2. When considering and resolving administrative cases, the court must strictly comply with the requirements The Constitution of the Republic of Kazakhstan, constitutional laws, this Code, and other normative legal acts subject to the application of international treaties of the Republic of Kazakhstan.

3. Courts may not apply laws and other regulatory legal acts that infringe on human and civil rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan. If the court finds that a law or other regulatory legal act to be applied infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is obliged to suspend the administrative proceedings and apply to the Constitutional Court of the Republic of Kazakhstan with a motion declaring this act unconstitutional. Upon receipt by the court of the decision of the Constitutional Court of the Republic of Kazakhstan, the proceedings in the case are resumed.

4. Decisions of courts authorized to consider administrative cases based on a law or other normative legal act deemed unconstitutional are subject to cancellation.

5. In the absence of legal norms governing a disputed legal relationship, the court applies the legal norms governing similar relations, and in the absence of such norms, resolves the dispute based on the general principles and meaning of the legislation of the Republic of Kazakhstan.

The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 No. 157-VII (effective from 01.01.2023).

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