SPECIAL CLAIM PROCEEDINGS AS A KIND OF PUBLIC PROCEEDINGS

In this work, special claim proceedings, recognized as a kind of claim proceedings, are studied by the authors as a kind of public proceedings, since the concept of special claim proceedings, unknown to the countries of the post-Soviet space, except for modern Kazakhstan, is collective. To this day, the Kazakh courts, in view of the absence of cases arising from public-legal relations, established by law procedural form of legal proceedings, with the use of which would be considered and resolved public-legal disputes, continue to examine them in the order of special claim proceedings. According to the legislation of the Republic of Kazakhstan on civil proceedings, cases arising from public or administrative legal relations belong to the category of causes related to challenging the legality of legal acts, decisions, actions, omissions of public authorities, officials, civil servants. When considering and resolving this category of cases, the Kazakh courts exercise constitutional powers to ensure the rule of law in the sphere of public administration and local self-government, namely the functions of judicial control and norm control. The purpose of the presented work is to disclose and describe both General and private features characteristic of cases arising from public or administrative relations. The General rules of claim proceedings are applied to this category of cases with some exceptions and (or) separate additions, which took place in the previous procedural legislation, namely in the Imperial, temporary and Soviet. This circumstance once again convinces everyone that Kazakhstan's national law is characterized by such features as: succession and gradual development. In the context of the implementation of the steps of the second institutional reform of 2015, aimed at ensuring the rule of law, the control functions carried out by the judiciary in the field of public legal relations are becoming relevant. At the same time, the relevance of the chosen topic increases in the conditions of development of forms (methods) of judicial power, namely the procedural form of administrative proceedings. Despite the legislative work done in this direction, the authors still prefer the procedural form of civil proceedings and recognize it as the most universal. Nevertheless, the authors Express the hope that in the future, a special claim proceedings may be separated from the claim form of legal proceedings and separate into a separate procedural form of legal proceedings established by law.

civil litigation, administrative proceedings, public proceedings, special proceedings, Kazakh civil procedure, public relations, public law litigation, administrative-legal disputes