SOME OF THE FEATURES AND ISSUES OF LEGAL ADAPTATION OF THE FIDIC CONTRACT FORMS IN KAZAKHSTAN

Abstract

Currently the Republic of Kazakhstan and the countries of the Eurasian Economic Union planned the transition from a traditional form of building contracts to the European standards of construction. Such standards include international distribution of forms of construction contracts, the most common of which are FIDIC forms. However, the use of FIDIC forms requires adaptation to Kazakhstan’s legislation system.

Currently, many of the provisions contained in the national legislation don’t meet international standards in the field of construction. The aim of the article is to analyze the application of FIDIC forms of contracts in Kazakhstan and the legal problems of its adaptation. The article describes the organization of FIDIC, its main contracts and prospects of their application in the Republic of Kazakhstan. The article also analyzes some of the problems of adaptation of legal forms of FIDIC contracts in Kazakhstan, as well as rules contained in our civil and tax legislation that stands contrary to standards used in the international construction industry. The author used in the article the comparative legal analysis method of research.

The conclusions made in the article will allow a deeper understanding of the volume of construction legislation reform that the Republic of Kazakhstan facing in the framework of the implementation policy of transition to European standards of construction. The article will also contribute to the designation of the contradictions to be addressed as part of the transition to the building forms used in international practice. This article is intended for scientists, practitioners, lawyers, economists interested in the international regulation of construction and investment activities.