Disputes between citizens or organisations and government bodies, within the limits permitted by law.
Administrative mediation is the resolution of disagreements between citizens or businesses on the one hand and state bodies or organisations on the other, with the help of an independent intermediary. For a long time it was assumed that the only way to challenge the state was through a complaint or a court. However, Kazakhstan's modern administrative legislation, above all the Administrative Procedural and Process Code, provides for conciliation procedures, including mediation, to the extent permitted by law. The general principles of mediation are set out in the Law of the Republic of Kazakhstan "On Mediation".
The key feature of this type of mediation is that a state body acts only within its competence and the law. It cannot "agree" to anything that contradicts regulatory requirements, but it can find a lawful option that suits both parties, for example by reconsidering how a decision is to be implemented, correcting an error or clarifying the grounds for a decision.
Litigation against a state body can take considerable time, and a court judgment does not always solve the applicant's practical problem: having an act set aside is not enough if what you need is to obtain a permit and carry on working. Mediation makes it possible to focus on the result. It reduces the burden on both parties, preserves the working relationship with a body that the business or citizen will have to keep dealing with, and often reveals that the dispute arose from a technical error or a misunderstanding.
In administrative disputes, the mediator helps to balance the negotiating positions: a citizen often feels at a disadvantage when facing a state body, while the body's representative is wary of taking a decision that goes beyond their authority. The mediator does not assess the lawfulness of acts or give instructions to the body; that is the function of the court and higher authorities. The mediator is independent and impartial, structures the discussion, helps the parties speak the same language and check how realistic the proposed options are. Information obtained during the procedure remains confidential to the extent established by law.
The outcome of mediation is a written agreement between the parties. If the dispute is before a court, the agreement is submitted to it, and the court checks that it complies with the law and does not infringe the rights of others. The agreement cannot oblige a state body to take action that the law does not permit it to take. If the dispute is settled before it reaches court, the parties perform their obligations voluntarily, and the body formalises its actions in accordance with the established procedure, for example by issuing a new decision.
Gather all the documents: your applications, the body's replies, inspection reports, decisions and correspondence. Draw up a chronology of events. Decide what practical outcome you need and what concessions you are prepared to make on your side, for example remedying the shortcomings identified within a set period. Check with a lawyer how and within what time limits the decision can be appealed, so that the negotiations do not cause you to miss them.
A small manufacturing business was refused the renewal of a permit because of comments on its technical documentation. The director considered the refusal unjustified and was preparing a lawsuit. During the conciliation procedure, it emerged that some of the documents had been submitted on an outdated form, and some of the comments were based on incomplete information held by the authority. The parties agreed on a list of documents to be resubmitted, the authority considered the updated application under the standard procedure, and there was no longer any need for protracted litigation.
In the portal's registry of professional mediators, select your city and the "Administrative" type of mediation. Give preference to specialists with a legal education and experience in public law, public administration or permit procedures. In the online application, briefly describe the substance of the disagreement and state whether the dispute is already before a court: this will help the mediator assess the possible ways of working.
This material is provided for general information only and does not constitute legal advice. Please check with a mediator whether mediation is suitable for your particular situation.
