Field-Based Instruction Report

The academic discipline “Administrative Justice” has been incorporated for the first time into the educational curriculum for the Jurisprudence degree programme for the 2023 intake. This change is directly linked to the signing by the President of the country on 29 June 2020 of the Administrative Procedural and Process Code (APPC), which entered into force on 1 July 2021. Students began studying the discipline in the sixth semester of their studies. The course is delivered by Senior Lecturer of the Department of Constitutional and Civil Law, veteran of the internal affairs bodies, Candidate of Law F.Zh. Karabaev.

To enhance the quality of instruction and provide students with direct exposure to judicial practice, the lecturer organised on-site classes at the courthouse. To this end, he met with the Acting Chairman of the Specialized Interdistrict Administrative Court (SIAC) of Astana, K.K. Smagulova, who fully supported the initiative and appointed Judge R.D. Orazymbetova as the coordinator responsible for the field-based sessions.

Judge Rita Dzheksembievna Orazymbetova, who has nine years of judicial experience, delivered an overview lecture on the APPC and the activities of the SIAC, after which she invited the students to attend a court hearing that she herself was presiding over.

Two on-site classes were conducted on 6 and 10 March of the current year, attended by 20 and 28 students respectively. A further session is scheduled for 13 March.

The first case observed concerned a claim filed by a natural person against the State Corporation “Government for Citizens” for failure to enter the claimant’s data into its database in a timely manner, resulting in material damage to the claimant. The parties presented their arguments while maintaining mutual respect. The judge conducted the hearing in a highly professional manner; the next session in the case is scheduled for 13 March.

The second case involved a complaint by the claimant against a private judicial executor who had allegedly prevented the claimant from lodging an appeal. The hearing was notably tense: the claimant’s representative, an experienced advocate, argued that his client had been deprived of his only dwelling. During the proceedings, the interested party directed an insult at the claimant, to which the claimant’s representative immediately responded. The judge issued a strict warning to all participants regarding liability for improper conduct in court. Under the applicable rules, the judge is entitled to impose a monetary fine ranging from 50 to 100 Monthly Calculation Indices for such violations.

At the conclusion of the hearing, the judge asked the students what decision they would have rendered in the case. The students engaged in a lively discussion, each defending their position with reference to facts and the relevant provisions of the APPC.

The students expressed high appreciation for the field-based classes. They asked questions, shared their opinions and thanked the organisers. The lecturer announced that the second interim assessment of knowledge will be based on a student-organised moot administrative court.

Representatives of the Specialized Interdistrict Administrative Court expressed their readiness to continue cooperation with the Faculty of Law of L.N. Gumilyov Eurasian National University.