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17 March 2017

THIRD EDITION OF PLATFORM REGIONAL REVIEW ON ADMINISTRATIVE JUSTICE PUBLISHED

The EU-Central Asia Rule of Law Platform has published the third edition of its regional study on administrative justice: “Developing administrative law in Central Asia”. In Central Asia as in most former Soviet Republics, laws of administrative procedure lay the foundation for legal action by administrative agencies. They set the framework for transparent and accountable behaviour of administrative agencies. They define, for example, administrative acts. Administrative court rules give the citizen recourse to the courts in cases in which administrative complaints have been made to public authorities and have been ignored. Codes of administrative offences ensure public order; they guarantee the applicability of regulations at public law to citizens and are rendered enforceable by sanctions. Administrative proceedings and any subsequent proceedings before a court are closely related to each other. Legal protection by the courts against regulations passed by the executive is also of key importance.

Resulting from the combined efforts of the GIZ Support to rule of law in Central Asia regional project and the EU Rule of Law Platform, a new Law of the Kyrgyz Republic “On the principles of administration and administrative procedures”, was enacted on 31 July 2015 and took effect on 19 May 2016. The Code on Administrative Court Procedure was adopted by Jogorku Kengesh in first reading in 2015 and should be enacted in final reading in 2016.

In Kazakhstan, two working groups have prepared drafts laws on administrative procedure and administrative court procedure. According to Government plans, these two laws should be enacted shortly. The reform of administrative justice is gaining momentum in Turkmenistan, as well as in Tajikistan and Uzbekistan. 

The third edition of the study delivered in 2012 and updated in 2014 is now available can be downloaded in English and in Russian. It has been prepared by Dr. Jens Deppe and Mr. Jörg Pudelka.