Analysis of International Experience and Ways of Introducing a Model of Legal Regulation of Corporate Relations into the Structure of the Civil Code of the Republic of Kazakhstan

Abstract

The article discusses the issues and prospects of introducing a model of legal regulation of corporate relations into the structure of the Civil Code of the Republic of Kazakhstan. The positive international experience of corporate law in a number of foreign countries is analyzed. It should be emphasized that the path of a market economy followed by modern Kazakhstan requires the formation and fullfledged legislative consolidation of corporate law institutions, the norms of which will regulate corporate activities.

Corporate relations are analyzed and, accordingly, regulated as an object of corporate law. At the same time, corporate law acts as a branch of civil law.

There is no doubt about the well-known fact that such a legal institution as the regulation of the activities of legal entities follows from the effectively functioning Civil Code of the Republic of Kazakhstan, and a possible feature that may be related to the organizational and legal form remains to be regulated by the norms of special Legislative acts of the Republic of Kazakhstan. Attention is focused on the fact that the process of integration of Kazakhstan, which is currently taking place, poses new tasks to the legislator, one of which is to develop a uniform approach to the legal regulation of corporate relations, including through the improvement of Kazakh legislation.

In turn, full-fledged legal regulation of corporate legal relations, which are a structural element of market relations, improvement of national legislation in this direction will have a direct impact on improving the investment climate in Kazakhstan and increasing the attractiveness of the Republic of Kazakhstan, including for foreign investors. This, in turn, can affect the expansion of Kazakhstani business, increase financial flows to the country, create jobs, etc., and as a positive result – increase the welfare of the people.

Key words: corporate relations, civil law, model, implementation, international experience.