THE PRINCIPLE OF THE ACTIVE ROLE OF THE COURT IN THE ADMINISTRATIVE PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN AND IN FOREIGN COUNTRIES
The article discusses the application of the principle of the active role of the court in the administrative proceedings of the Republic of Kazakhstan and foreign countries. The main attention is paid to the identification of the main function, the system of application of this principle. The scientific novelty lies in the study of important subordinate guiding principles, the influence of which is decisive when applying the principle of the active role of the court in the administrative proceedings of the Republic of Kazakhstan. The author concludes that the judge should apply the principle of the active role of the court in order to have a fair trial within a reasonable time. A brief overview was made of the principle of the active role of the court in the administrative proceedings of the Republic of Kazakhstan, and its implementation in the countries of the near and far abroad. However, the institution of administrative procedures, especially their principles, as well as the principles of administrative law in general, for the legislator and even the doctrines still remain largely unexplored and incomprehensible. The author also concluded that the main feature of the principle of the active role of the court is its direct action and specific regulatory nature. The principle of the active role of the court was not formulated as declarations, but with the clear and pragmatic aim of being a special means of law. Administrative principles are intended to provide guidance not only to the legislator but also (crucially) to the enforcer. The author also believes that the principles of administrative procedures are a special group of principles of administrative law. The principles define the essence of dynamic regulatory activity of public authority. Systemic principles are determined by the prevailing procedural doctrines. Further analysis of the basic principles of administrative procedures is therefore required.