SELECTED ISSUES OF THE CIVIL LAW BRANCHES’ STRUCTURE
Keywords:
structure of law, branch of law, private and public law, complex branch, legislationAbstract
The paper analyzes some issues of the sectoral structure of Kazakhstan private law, gives a brief historical overview of the formation and development of national law, as well as the current state of the issue.
On the example of the positions of a number of Kazakhstani researchers in the field of civil law and related industries and sub-sectors (A. G. Didenko, K. M. Ilyasova, G. T. Kazieva, S. I. Klimkin, A. K. Kusainova, S. P. Moroz, E. B. Osipov, M. K. Suleimenov) the assessment of the current situation in this issue is given.
Thus, it is noted that the division of law as a system into private and public is generally recognized. This circumstance was a consequence of Kazakhstan's choice of market development path, although, for the sake of objectivity, it is impossible not to notice the strengthening of the role of the state in the economy and its intervention in private legal relations in recent years.
The paper considers the issues of legislative separation of banking law from civil law and their subsequent differentiation, the essence of business law and investment law, including their comparative analysis, the problems caused by the development of the Transport code and the adoption of the Entrepreneurial code of the Republic of Kazakhstan.
Attention is also paid to the theoretical and practical importance of the availability of relevant normative material and independent codes for the formation of branches of law, a historical excursion into the formation of the system of relations regulated by the codes of the Republic of Kazakhstan.
The given judgments of the Kazakh authors testify to their ambiguous attitude to the investment of some normative legal acts in the form of codes: forest, water, etc., as well as, in General, to the subjective solution of the question of the form of NLA.
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