LEGAL CATEGORY OF AFFILIATION

Abstract

 Each state chooses its own model for establishing social relations of a legal entity. The understanding of affiliation as establishment of such links differs in different legal systems.

The use of the category of affiliation in the legislation of post-Soviet countries was widespread due to the lack of systematic legal regulation of the interconnected relationships of legal entities when carrying out their activities.

In the legal literature, the category of affiliation is examined within the concept of affiliated persons. Despite the fact that at the present stage of law development, there have been attempts to unify the concept of affiliation, development of affiliation criteria is conducted in the field of private law. An analysis of different opinions on understanding the affiliation in the legal literature showed that the term “affiliation” is understood to mean a certain relationship/dependence between formally independent legal entities. But it would be wrong to say that a single approach to the definition of affiliation has developed in the legal literature. In addition, legislation and theory don’t have clear criteria for distinguishing affiliation from other types of interrelationship between the persons in entrepreneurial activities.

The analysis showed that Kazakhstan has its own peculiarities in legal regulation of relations with affiliation. The purpose of this article is to develop the concept of affiliation taking into account the provisions of Kazakh legislation, foreign practices, as well as existing legal doctrine. In order to achieve the goal, tasks were set to determine the legal nature of the category of affiliation and to distinguish the affiliation from other types of interrelationships between the legal entities when conducting their activities.  Conclusions and proposals were formed based on the results obtained.