Article title The Civil Code of the Republic of Kazakhstan: Past, Present and Future
Name of magazine Scientific journal «Private Law»
Issue 2 (українська мова)/2013
Сторінки [217-225]
Annotation The history of creation of the Civil Code of the Republic of Kazakhstan, its current status and prospects of further development are investigated in the article. Chapter «The Past» describes how the Civil Code was drafted, its major achievements and meaning for the creation of the legal system of Kazakhstan as well as a number of the Civil Code failures. Chapter «The Present» addresses the main stages of development of civil legislation and suggests that Kazakhstan has entered the fourth stage – the stagnation, elements of which are the corruption, prevailing of the municipal over the state interests, impossibility of adoption of any significant amendments to legislation. Chapter «The Future» indicates three main ways of the civil law development: 1) improvement of the Civil Code; 2) adoption of the Fundamental Principles of Civil Legislation of EuroAsian Economic Community member countries; 3) adoption of the Entrepreneurial Code of the Republic of Kazakhstan. The first way of the civil law development is examined as the primary one, the second way is criticized but analyzed as a quite possible, and the third way is defined to be a deadend. The article suggests that the Entrepreneurial Code cannot achieve the aim of unification of all the existing laws related to the entrepreneurial activity and criticizes the developed Entrepreneurial Code, proposes to draft a Law on Entrepreneurial activity instead of the Entrepreneurial Code.
Keywords Civil Code, history of creation, stages of legislation development, stagnation stage, development of the Civil Code, civil legislation, Fundamental Principles of Civil Legislation, Entrepreneurial Code.