THE PREREQUISITES AND PROSPECTS OF INTRODUCTION OF THE CONCEPT «LEGAL ENTITIES UNDER PUBLIC LAW» INTO KAZAKHSTAN LAW
Keywords:
legal entities under public law, state, state functions, state bodies, public administrationAbstract
In the last decade, the legislation of a number of post-Soviet states has introduced a new concept “legal entities under public law” (hereinafter referred to as the LEPL). Despite the fact that the legislation of Georgia, Azerbaijan, Ukraine, Moldova and the Baltic States recognizes the existence of this concept, the countries’ theory on the issue has not been developed yet. The concept of “LEPL” is recognized and widely used in most countries of the European Union, but there are no unified and universally accepted approaches to the characteristic of such legal entity in Europe.
The absence of one generally recognized universal and unified model of the LEPL can be explained by the fact that the legal status of the LEPL, adopted by the state for public needs and interests, goes beyond the scope of classical concepts of public bodies and legal entities. In each case the concept is developed individually by the legislator, based on the goals and objectives of public administration. We believe that the concept “LEPL” arose by generalizing the practice and there is no point in applying a ready-made model of a particular state. It is necessary to pay attention to the practical activities of Kazakhstan.
The legal status of the LEPL is determined by the basis of governance, especially by the regulatory practices in economic sphere. For this reason, the analysis of foreign experience in relation to the LEPL should take into account the particularities of the public administration system of each country separately. Studying the legal status of the LEPL in isolation from public administration will not allow us to understand the legal nature of LEPL.
The purpose of this work is to identify the prerequisites and to determine the prospects for introducing the concept “LEPL” into Kazakhstan law. To achieve the purpose, the main objectives were set to study the legal nature of LEPL, taking into account foreign experience, Kazakhstan legislation, as well as current practical activities. Based on the results, conclusions and suggestions were formulated.