CERTAIN PROBLEMATIC ISSUES OF PROSECUTORIAL SUPERVISION IN RELATION TO THE ACTS OF THE INTERNATIONAL FINANCIAL CENTER "ASTANA", VALID THROUGHOUT THE TERRITORY OF THE REPUBLIC OF KAZAKHSTAN

Authors

  • Diana Serikovna Batyrbekova

DOI:

https://doi.org/10.52026/2788-5291_2021_66_3_120

Keywords:

Astana International Financial Center, special legal regime, prosecutor's supervision, acts of Astana International Financial Center, prosecutor's office

Abstract

The article analyzes some features of the functioning of the International Financial Center «Astana» within the framework of the «special legal regime» on the territory of the Republic of Kazakhstan. It is noted that on the territory of our country a financial center with «a special legal regime» - the Regional Financial Center of the city of Almaty, was already created, which, however, did not provide for the operation of the law of England and Wales on its territory. The peculiarity of the special legal regime is also considered through the issues of prosecutorial supervision in relation to the acts of the Astana International Financial Center.

The issues of the jurisdiction of the court of the Astana International Financial Center are highlighted, as well as the issue of the need to make appropriate changes and additions to the Civil Procedure Code of the Republic of Kazakhstan in terms of the procedure for executing decisions and orders of the Astana International Financial Center.

In addition, the author examines the controversial issue of the possibility of the prosecutor to bring petitions for revision of the decisions of the court of the Astana International Financial Center that have not entered into legal force. The author comes to the conclusion that it is necessary to make some changes and additions to the Civil Procedure Code of the Republic of Kazakhstan and to prescribe the powers on whether the prosecutors have the right to bring petitions for revision of the decisions of the court of the Astana International Financial Center. Since, if the prosecutor, in accordance with the legislative acts of the Republic of Kazakhstan, cannot bring petitions for revision of the decisions of the court of the Astana International Financial Center that have not entered into legal force, this may mean that the decisions of the court of the Astana International Financial Center and other the acts of the bodies of the International Financial Center «Astana» will have priority over the acts of the courts of the judicial system of the Republic of Kazakhstan, which may affect the issues of ensuring the sovereignty and national security of the Republic of Kazakhstan.

Published

30.09.2021

How to Cite

Batyrbekova Д. С. (2021). CERTAIN PROBLEMATIC ISSUES OF PROSECUTORIAL SUPERVISION IN RELATION TO THE ACTS OF THE INTERNATIONAL FINANCIAL CENTER "ASTANA", VALID THROUGHOUT THE TERRITORY OF THE REPUBLIC OF KAZAKHSTAN. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 3(66). https://doi.org/10.52026/2788-5291_2021_66_3_120