Ashgabat hosts a regional seminar for judges on administrative claims: what are they discussing?
Ashgabat hosts the 5th regional seminar for judges in administrative cases, which brought together representatives of the judiciary of the Central Asian countries and international experts. The topic of the meeting of colleagues is “Administrative jurisdiction and types of administrative claims”.
If this professional legal discourse is simplified as much as possible for ordinary readers, then we can say that we are talking about where a citizen should apply in order to exercise the constitutional right to judicial protection of his interests. But in fact, everything is much wider.
Protection of the constitutional rights and freedoms of man and citizen, observance of laws and ensuring justice is the primary task of the rule of law. And one of the important types of judicial protection of human rights is administrative justice, which is designed to ensure the comprehensive implementation of the principle of legality in the activities of executive authorities and civil servants.
The event was organized by the Regional Program of the German Society for International Cooperation (GIZ) "Promotion of Legal Statehood in Central Asia" together with the Supreme Court of Turkmenistan and the Institute of State, Law and Democracy of Turkmenistan. The seminar takes place on September 4-5 in the conference hall of the Arçabil Hotel.
German experts are represented by the head of the mentioned GIZ program in Turkmenistan, judge of the administrative court of Berlin Jörg Pudelk, chairman of the Constitutional Court and the Supreme Administrative Court of the Federal State of Rhineland-Palatinate Dr. Lars Broker, deputy chairman of the Federal Social Court of Germany (retired) Thomas Fölzke.
Among the foreign participants are Chairman of the Judicial Collegium for Administrative Cases of the Supreme Court of the Republic of Kazakhstan Aslan Tukiev, Chairman of the Administrative Collegium of the Supreme Court of the Republic of Tajikistan Abdukakhkhor Tagozoda, judge of the Administrative Court of Bishkek, Kyrgyzstan, Melis Tagaev. Judge of the Supreme Court of the Republic of Uzbekistan Nurali Zhavliev joined the discussions online. Judge Gyzylgul Yegenmammedova represents the Supreme Court of Turkmenistan.
In his speech, director of the Institute of State, Law and Democracy of Turkmenistan, Yagmyr Nuryev, noted the relevance of the topic of the current seminar for both judges and all lawyers, since at present an administrative act occupies an important place in the system of measures aimed at ensuring the rights of individuals and legal entities, administrative procedures and administrative process.
Based on this, Turkmenistan is gradually improving the administrative legislation. On June 3, 2017, the Law of Turkmenistan “On Administrative Procedures” was adopted, which is of great importance in the modern and effective building of legal relations between citizens of the country and state institutions. Impartiality, a comprehensive, complete and accurate examination of all facts for the resolution of disputes, as well as expedient and within a short period, are mandatory requirements of the Law.
On October 24, 2020, the Administrative Procedure Code of Turkmenistan was approved, which entered into force on July 1, 2021. On July 24, 2022, the Law of Turkmenistan “On Electronic Government” was adopted, according to which digital technologies are introduced into the activities of state bodies providing services to the population.
As Yagmyr Nuryev emphasized, according to Article 60 of the Constitution of Turkmenistan and Article 4 of the Administrative Procedure Code of Turkmenistan, each person has the right, in the manner prescribed by law, to apply to the court for the protection of their violated or contested rights, freedoms or legally protected interests. The second part of Article 60 of the Constitution stipulates that every person has the right to appeal to the court the decisions and actions of state bodies, public associations, local governments and officials.
At the same time, articles 10 and 11 of the Civil Code of Turkmenistan, article 9 of the Civil Procedure Code also provide for judicial protection of civil rights, strengthening and specifying the above judicial method of protecting rights and freedoms and legitimate interests. Meanwhile, it is very difficult to draw a strict boundary between the administrative and civil process, since they are closely intertwined and interconnected. From the point of view of the plaintiff, this is not significant, since the result is important. But legal issues should be dealt with by specialists who need to ensure the effective application of administrative legislation.
The seminar participants focused on this issue, analyzing national experience and trends, citing specific examples from the practice of judicial proceedings and noting the most debatable points that require careful study to improve administrative law in the countries of the region.
– Administrative legal proceedings concern the relations between the citizen and the state. Today we are exchanging views and considering the German practice of how the population is served by the state according to the European standard, - director of the Institute of State, Law and Democracy of Turkmenistan Yagmyr Nuryev comments on the event.
According to him, in terms of promoting legislative support in this area, Turkmenistan occupies a leading position among the countries of the region.
Today there is an activation of public services to the population in all aspects. And the right of every citizen or legal entity (private enterprise, company) to go to court and challenge the action of any government official or structure in case of their mistake or misunderstanding stimulates departments to strengthen control over the quality of their work, on the one hand, and on the other hand, stimulates civil activity and the growth of the legal culture of society.
That is, instead of writing complaints to higher authorities in the center and waiting for the turn to reach them, it is enough to contact the “nearby” authorities and get a court decision on the issue within the prescribed shortest possible time, since the delay in execution, again, can be appealed.
In addition, the seminar considered such an interesting direction as the transfer of certain public services to private companies, for example, notaries or those specializing in vehicle inspection, etc.
The meeting of representatives of the judiciary continues, on September 5 they will continue to consider a number of theoretical and practical issues and, after a general discussion, will sum up the results of the meeting, which everyone unanimously called very useful and timely.
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