A NEW LEGAL PARADIGM OF JUDICIAL REFORM
DOI:
https://doi.org/10.63546/3005-2246.2024.6.2.004Keywords:
proceedings in cases of administrative offenses; the institute of representation in administrative proceedings; the defender of the person brought to responsibility; the representative of the victim in cases of administrative offenses; the legal representativeAbstract
In the context of judicial reform in “Zhana Kazakhstan,” public demand for justice has significantly increased. The article examines the role of courts in delivering justice based on legal principles, rather than merely formal norms. The author advocates moving away from legal positivism and incorporating foreign doctrines (such as “piercing the corporate veil,” contra proferentem, and judicial estoppel) into Kazakhstan’s judicial practice. The advantages of such approaches include enhancing public trust in the judiciary, developing the legal system, and improving law enforcement practices without the need for legislative amendments. The article also proposes the broad application of doctrines commonly used in developed legal systems for resolving civil and administrative cases, citing specific cases presided over by the author. Concrete recommendations are made for improving procedural legislation based on international experience.
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