«Actual Problems of Administrative Law and Procedure: Theory and Practice of Regulation»

AL-FARABI KAZAKH NATIONAL UNIVERSITY FACULTY OF LAW DEPARTMENT OF THEORY AND HISTORY OF THE SТATE AND LAW, CONSTITUTIONAL AND ADMINISTRATIVE LAW DIGEST OF ARTICLES International scientific-theoretical conference of students and undergraduates «ACTUAL PROBLEMS OF ADMINISTRATIVE LAW AND PROCEDURE: THEORY AND PRACTICE OF REGULATION» VIENNA, AUSTRIA 2016 International scientific-theoretical conference of students and undergraduates «Actual problems of administrative law and procedure: theory and practice of regulation» УДК 342 (063) ББК 67.400 М 44 Editorial team: Useinova G.R., Ospanova D.A., Kusainov D.O. «Actual problems of administrative law and procedure: theory and practice of regulation». Proceedings of the 1st International scientific-theoretical conference of students and undergraduates. «East West» Association for Advanced Studies and Higher Education GmbH. Vienna. 2016. – 151 p. Abstract: In October 2016 the International scientific-theoretical conference for undergraduate and graduate students on the theme "Actual problems of administrative law and process: the theory and practice of regulation", dedicated to the 25th anniversary of the Independence Day of the Republic of Kazakhstan. The conference was organized by the Department of Theory and History of State and Law, Constitutional and Administrative Law at Kazakh National University. Al-Farabi Kazakh National University, together with the legal institutions of higher education of the CIS countries. Scientific issues of the conference included the following issues: the systematization of administrative law, the problem of administrative legal proceedings and administrative proceedings; management process and other regulatory matters of administrative law; legal problems of administrative enforcement and liability. The conference heard and discussed reports and scientific reports doctoral students, undergraduates and students. Conference Organization awarded high ratings high schools participating. The conference issued a collection of reports and speeches of the conference participants. ISBN 978-3-903115-64-4 УДК 342 (063) ББК 67.400 Typeset in Berling by Ziegler Buchdruckerei, Linz, Austria. Printed by "East West" Association for Advanced Studies and Higher Education GmbH, Vienna, Austria on acid-free paper. Am Gestade 1, 1010 Vienna, Austria [email protected], www.ew-a.org © Composite authors, 2016 © "East West" Association for Advances Studies and Higher Education GmbH, 2016 2 International scientific-theoretical conference of students and undergraduates «Actual problems of administrative law and procedure: theory and practice of regulation» About creation and development of department of the theory and history of state and law, constitutional and administrative law of the al-Farabi Kazakh national university The department of the theory and history of state and law, constitutional and administrative law has been formed in 2011 for implementation of the Development strategy of Al-Farabi Kazakh National University. The basis of department was made by department of the theory and history of state and law and the department of the constitutional and administrative law having rich history and traditions. The department of the theory and history of state and law has rich history, it was created in 1938 with formation of the Almaty State Legal Institute (ASLI). Associate professor N. I. Kondratyeva was the first head of the department. The structure of department was provided by five teachers. In the forties the XX centuries worked at department the famous scientists, such as the academician S. V. Yushkov; professors A. H. Stalgevich, S. L. Fuchs; PhD in Law, associate professors Dyukov L. V., Kulteleev T. M. Akademik S. V. Yushkov and professor S. L. Fuchs played a big role in formation of legal education in Kazakhstan. In April, 1940 Candidate of Law Sciences, associate professor Tair Muldagaliyevich Kulteleev became the director of AGYuI, laid the foundation in expansion of scientific research in the field of the state and the right, was one of organizers of legal science and legal education in Kazakhstan. From 1945 to 1950 associate professor Leonid Vasilyevich Dyukov managed department. He is an author more than 50 published works, the coauthor of a number of textbooks and education guidances on history of political and legal doctrines, history of state and law of the USSR, history of state and law of Kazakhstan. Since 1960 Aspasia Zhakipowna Zhakipowa directed department. The sphere of scientific interests of A. Zh. Zhakipova concerned a research of the family and marriage relations in the Kazakh common law. Since 1965 Candidate of Law Sciences, associate professor Aydarat Nurekelevich Taukelev managed department. He was the acknowledged scientist in the field of history of political and legal doctrines, his versatile knowledge in all fields of jurisprudence got to it the deserved respect among all lawyers of Kazakhstan. Since the beginning of the 50th years of the XX century the academician NAN RK, д.ю.н works at department., professor Sultan Sartayevich Sartayev. In 1990 he was a member of the Working commission of representatives of the USSR for preparation of the updated Allied agreement from the Kazakh SSR, was one of the chief authors of the Declaration on the sovereignty of the Kazakh SSR (25 Oct. 1990); Law "About Organization of a Post of the President of the Kazakh SSR" (1990); Constitutional law "About the State Independence of the Republic of Kazakhstan" (16 Dec. 1991); Law on nationality of RK (20 Dec. 1991); one of authors of the first Constitution of the sovereign Republic of Kazakhstan 3 International scientific-theoretical conference of students and undergraduates «Actual problems of administrative law and procedure: theory and practice of regulation» (1993), the commission chairman on creation of the bill on languages of the republic and the Concept on language policy. In 1990 S. S. Sartayev was appointed the member first and the unique Presidential Council in the republic. As the statesman it one of the first brought up a question of the status of national language. S. S. Sartayev was elected the deputy of 12 and 13 convocations of the Supreme Council of the Republic of Kazakhstan. And still Sultan Sartayevich remains is faithful to legal education and law department of Al- Farabi Kazakh National University where he works more than 50 years. From 1994 to 1997 the department was headed by PhD in Law, associate professor Evgeny Igorevich Voytsekhovsky. He is an acknowledged specialist in the field of general history of state and law, the circle of its scientific interests is extremely extensive. From May, 1997 to September, 2008 professor Alua Salamatovna Ibrayeva directed department д.ю.н. A. S. Ibrayeva is an author more than 100 scientific works, among them there is a textbook in a state language "Memleket to the zhena құқ ы қ teoriyasa" (Astana, 2006), the education guidance "Theory of the State and Right" (Almaty, 2001, 2003, 2006); monograph "Legal culture of Kazakhstan: forming problems, development factors" (Almaty, 2004); dictionaries of legal terms in the Russian and Kazakh languages, etc. Since September, 2008 the candidate of historical sciences, professor Victor Vasilyevich Nezdemkovsky managed department. He is a specialist in the field of history of state and law of foreign countries, conducts classes in the subject "History of State and Law of Foreign Countries". At different times such famous scientists as NAN RK'S academicians, д.ю.н, professors S.Z. Zimanov, M. T. Baymakhanov, S. N. Sabikenov, G. S. Sapargaliyev worked at department; д.ю.н., professors Z. Zh. Kenzhaliyev, E. K. Nurpeisov. The department of the Constitutional and administrative law has rich history and traditions. It was founded in 1958 based on the former Almaty legal institute and was called department of State law and the Soviet construction. The doctor of jurisprudence, professor Kotov Konstantin Flegontovich was the first head of the department. From 1958 to 1982 managed department of state law and the Soviet construction. In 1962 defended the doctoral dissertation on a subject: "Essence of local national autonomy in People's Republic of China: the main problems of the theory and practice of a national construction in the People's Republic of China on the example of the Xinjiang-Uigur autonomous region in 1949-1957". During 1962-1965 the doctor of jurisprudence, professor Belson Yakov Mikhaylovich who graduated from the Leningrad legal Institute of Kalinin (1945-1950) managed department. The doctoral dissertation on a subject: "The main problems of state and legal science of Great Britain and the USA" it is protected in 1962 in Moscow. It published more than 100 scientific works. Since 1982 the doctor of jurisprudence, professor Kim Vladimir Aleksandrovich directed department. In 1952 completed postgraduate studies at 4 International scientific-theoretical conference of students and undergraduates «Actual problems of administrative law and procedure: theory and practice of regulation» Institute of the state and the right in Academy of Sciences of the USSR with protection of the master's thesis on the subject "Political System of DPRK". From 1952 to February, 1957 KAZSSR worked as the senior research associate of sector of philosophy and the right of AN. And from March, 1957 to July, 1970 the head of department the gosudarstvovedcheskikh of sciences of Institute of philosophy and the right of AN KazSSR. In 1963 defended the doctoral dissertation on the

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