ACTION OF ACTS OF THE CENTER OF THE INTERNATIONAL FINANCIAL CENTER «ASTANA» AND FEATURES OF THEIR EXECUTION IN TIME, SPACE AND IN A CIRCLE OF SCOPE *
Keywords:
legal system, current law of the Republic of Kazakhstan, norms and precedents of law of England and Wales, legal act, the legal nature of the legal act, interpretation, jurisdiction, judicial system of the Republic of KazakhstanAbstract
In given article, the authors highlight issues of interaction of the existing law of the Republic of Kazakhstan and the principles, norms and precedents of law in England and Wales within the city of Astana with precisely defined and determined by the President of the Republic of Kazakhstan borders, which has a special legal regime in the financial sphere. Nevertheless, the authors, having conducted a legal analysis of the Constitutional Law of the Republic of Kazakhstan «On the International Financial Center «Astana», other laws of the Republic of Kazakhstan, believe that the scope of the special legal regime in the financial sphere may not be limited to the city of Astana.
However, the authors proceed from the provisions of the Constitution of the Republic of Kazakhstan, which establish that a special legal regime in the financial sphere operates only within the city of Astana.
Nevertheless, the authors note that when a special legal regime in the financial sphere is functioning within the city of Astana with precisely defined borders determined by the President of the Republic of Kazakhstan, difficulties will arise in the interaction of two completely different legal systems: the current law of the Republic of Kazakhstan and the principles, norms and precedents of law in England and Wales. In particular, can citizens of the Republic of Kazakhstan apply to the court of the Center for the resolution of economic, civil cases that are subject to jurisdiction of the courts of the judicial system of the Republic of Kazakhstan, and if so, will this not lead to the problem of «double jurisdiction»? In our opinion, the emergence of such a situation in the future is not ruled out.
Therefore, the issues of legal analysis of the acts of the Center of the International Financial Center «Astana» and the peculiarities of their execution in time, space and in a circle of persons require further research.
