PRACTICAL ISSUES OF APPLICATION OF STANDARDS ON ENFORCEMENT OF CONTRACTUAL OBLIGATIONS

Abstract

 In the Address of the President of the Republic of Kazakhstan N.A. Nazarbayev to the nation of Kazakhstan "The Kazakhstan way - 2050: common aim, common interests, common future", presented on January 17, 2014, as one of the priority tasks proclaimed achievement of equality before the law as a real basis of law and order. This program on Kazakhstan's entry into the list of 30 developed countries of the world indicates that the judicial system should become transparent and accessible in practice, resolving all disputes in a simple and rapid manner.

At the present stage of development, our country sums up the results of the first five years on this complex path and assesses further prospects. The author of the article in this context investigates selected actual problems of the functioning of the judicial system, in particular, in the sphere of application of the norms for ensuring the performance of contractual obligations. The judicial application of civil law norms, being a complex phenomenon, can be interpreted not only as a special form of the realization of law, but also as a specific type of legal activity, which is one of the elements of legal reality, along with the norms of law, legal relations, subjective rights obligations, legal responsibility, sense of justice, legal culture. It is law enforcement that is one of the most important mechanisms for achieving the objectives of legal regulation, transparency and accessibility of the judiciary.

The author of this article analyzes the most sensitive issues of Kazakhstan's judicial practice in civil cases connected with the execution of contractual obligations secured in various ways, in particular, with subsequent foreclosure on property. In addition, the author proposes to introduce into Kazakhstan civil law a standard providing for the performance of obligation successfully used in foreign practice - a commercial penalty.

In the presented scientific research an attempt is made to identify the most common problems of law enforcement practice that require an early resolution, in order to increase the level of real protection of the rights and interests of participants in contractual relations.