ON THE NECESSITY FOR LEGISLATIVE DETERMINATION OF THE LEGAL REGIME OF THE PROPERTY COMPLEX IN THE REPUBLIC OF KAZAKHSTAN
Keywords:
objects of civil rights, property complex, legal regime, enterprise, information systemAbstract
This article presents the results of a research of the legal nature of the property complex in the system of civil rights objects. In the Civil Code of the Republic of Kazakhstan (CC RK), the legal regime of a property complex defined only in regard to an enterprise. At the same time, the CC RK contains a reference to the so-called “other property complexes”, leaving this question open. Thus, the legislator recognizes the existence of other property complexes, but without establishing their legal regime. For example, in addition to the enterprise, property complexes include the property mass of a particular subject of law, including bankruptcy estate; property mass of the reorganized legal entity, the activity of which is subject to termination in connection with the reorganization; property of the missing (legally incapable) person, as well as the hereditary mass. In this regard, the definition of the legal nature and legal regime of the property complex has theoretical and practical significance.
The property complex is a special legal structure (“construction”), the legal regime for integral property, characterized by the heterogeneity of the included objects of civil rights.
In addition, the science of civil law needs fundamental and applied research aimed at developing the legal regime of various objects of information and communication infrastructure. For example, such a specific object of civil rights as an information system may possess features of a property complex. On the one hand, it is a fairly common object of civil rights in everyday life, but neither in science nor in legislation there has been a holistic understanding of the legal regime of this complex object.
As a result of the analysis of the legislation of Kazakhstan and foreign countries, law enforcement practice, civil doctrines and theories, the author came to the conclusion that it is necessary to determine the legal regime of the property complex in the CC RK, as well as the possibility of applying the property regime to the information system taking into account the specifics of the incoming in it objects of civil rights.