SOME ISSUES OF LEGAL MONITORING OF BANKING LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Abstract

In March, 2017 the staff of the Center of legal monitoring of GU "Institute of the Legislation of the Republic of Kazakhstan" carried out legal monitoring of the Law of the Republic of Kazakhstan "About banks and bank activity in the Republic of Kazakhstan".

When carrying out legal monitoring of the specified law the current legislation in the bank sphere was studied, estimated its systemacity, the social importance of application of the legislation in the field and compliance to it of legal mechanisms.

Following the results of legal monitoring of the Law on banks suggestions for improvement of the existing bank law of Kazakhstan, in particular on a concept of bank activity, the loan agreement and the credit agreement, the bank guarantee, etc. are developed.

The approaches of improvement and development of the bank law developed on the basis of the carried-out analysis of the national and foreign legal system in this sphere are also offered. So, in the legislation of foreign countries of legal relationship in the sphere of consumer crediting, as a rule, regulate the special acts considering specifics of this sphere and containing norms on protection of the rights and legitimate interests of all subjects of the specified legal relationship.

In this regard we believe necessary adoption in Kazakhstan of the separate law on consumer crediting providing appropriate protection of economic interests of the borrower as the vulnerable treaty party of consumer crediting.

Besides, we suggest to codify the bank law of the Republic of Kazakhstan and to draft the separate Bank code which adoption will positively influence legal regulation of the bank relations.

Results of a research can be used in legislative work on improvement of the legislation of the Republic of Kazakhstan regulating the bank sphere and also in scientific research in the considered area.