SPECIFIC ISSUES OF STATUTE OF LIMITATIONS ACCORDING TO THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The article presents a comprehensive analysis of the application of the norms on limitation periods in Kazakhstan, identifying key problems and proposing ways to solve them in light of modern law enforcement trends and strategic goals outlined in the message of the President of the Republic of Kazakhstan. The focus is on the need to clarify and harmonize the norms of the Civil Code (CC) of the Republic of Kazakhstan related to the limitation period, which has become especially relevant in the context of dynamic changes in law enforcement practice and legislation.

The research reveals that current legal norms, such as Articles 179 and 181 of the CC, require clarification to increase legal certainty and sustainability of law enforcement practice. Particular attention is paid to law enforcement practice in the context of applying the statute of limitations to collection agency claims after the 2017 reform. Two key positions are considered: one supports maintaining the five-year limitation period, the other proposes reducing it to three years. These issues are directly related to strategic initiatives to improve financial regulation, strengthen consumer protection and optimize financial control.

Moreover, the law enforcement practice is analyzed regarding the interruption of the limitation period when applying to a notary for an enforcement inscription. It is argued that such an appeal should not be considered a basis for interrupting the limitation period, since the list of grounds specified in Article 183 of the CC is exhaustive. This proposal is in line with the goals of the law enforcement strategy set out in the President's message and is aimed at eliminating legal uncertainty.

The article is a detailed and consistent study that contributes to further study and improvement of the legislation on limitation periods in Kazakhstan. The proposed solutions are of significant importance for improving law enforcement practice and the legal environment in the country, contributing to more effective protection of citizens' rights and stability of legal regulation.