CERTAIN LEGAL ISSUES CONCERNING THE LEGAL STATUS OF THE FOUNDATION

Authors

  • Sovetzhan Argynbaiulu Yntymakov

DOI:

https://doi.org/10.52026/2788-5291_2021_64_1_132

Keywords:

private foundation, corporate foundation, public foundation, state foundation, social foundation, charitable foundation, cultural foundation, , educational foundation, legal status of non-profit organizations

Abstract

This article discusses some topical issues of the legal status of a public foundation as a non-profit organization. It should be noted that there is a dissonance, i.e. in comparison with commercial legal entities, the legal status of non-profit organizations in Kazakhstan is rather poorly studied. Therefore, any regulatory and theoretical issues related to this topic give reason to believe that they are valuable for their relevance. As life itself shows, today the foundation is not just a non-profit organization, it proves its highly effective legal structure for society and plays an important social role. But, despite this, unfortunately, to date, Kazakhstan has not sufficiently developed and remains the Basis of legislation regulating the activities of funds.

 The subject of this research is the current norms of the civil legislation of the Republic of Kazakhstan, which determine the legal status of the Foundation, which is a non-profit organization, and regulate their activities. After analyzing the basic legislation governing the legal position of the funds in the study proposes to eliminate some of the shortcomings that occurred in the individual provisions of the Civil code of the Republic of Kazakhstan the Law "On nonprofit organizations". A theoretical analysis of the features of the legal nature of these foundations as a non-profit organization, i.e. the main differences between the foundation and other legal entities, is also carried out, and individual positions and theoretical views of the author in this context are formulated. At the same time, the issues of creating a fund are differentiated in the terminology and legal aspects of recognizing the fund's property as "authorized fund" or "authorized capital".

Published

30.03.2021

How to Cite

Yntymakov С. А. . (2021). CERTAIN LEGAL ISSUES CONCERNING THE LEGAL STATUS OF THE FOUNDATION. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(64). https://doi.org/10.52026/2788-5291_2021_64_1_132