On the Implementation of the Principle of Proportionality in Administrative Proceedings

The article is devoted to the special role of the principle of proportionality in administrative proceedings. The principle of proportionality, based on the practice of foreign countries, has received regulatory support in the administrative justice system of the Republic of Kazakhstan. It was revealed that the principle of proportionality cannot exist and develop in isolation. The validity of using this principle is related to a combination of reasonableness, fairness, and suitability. Based on a study of foreign and national experiences in implementing the provisions of administrative procedural legislation, an assessment is made of the viability of the principle of proportionality and its application in the practice of Kazakhstani administrative courts. The purpose of the article is to analyze the patterns of application of the principle of proportionality in administrative proceedings. It is necessary to answer the question: which legal values (the rights and interests of citizens or public state goods) are prioritized in the balance of the courts, based on the essence of the dispute under consideration? Considering the novelty of introducing the principle of proportionality into legal proceedings, it is necessary to examine the scope of its application, justified by specific and legitimate needs to protect public interest. The scientific and practical significance of the conducted research consists in an attempt, for the first time, based on the available scientific doctrine of the administrative process, the works of foreign and domestic authors, to substantiate the importance of applying the principle of proportionality along with other applicable principles of law. The results and conclusions obtained will enable us to identify a suitable application in the practice of judges specializing in the consideration of administrative disputes.