COMPARATIVE ANALYSIS OF THE LAW OF FOREIGN COUNTRIES IN THE FIELD OF STATE ENTERPRISES AND PUBLIC COMPANIES

Abstract

Analysis of the legislation in the sphere of legal entities and their subsidiaries, the subjects of quasi-public sector in the Republic of Kazakhstan and foreign experience of legal regulation of state-owned enterprises and public companies conducted by researchers of the department of civil law, civil procedure law and enforcement proceedings of SI «Institute of the Republic of Kazakhstan legislation» in 2016 showed the presence of a number of problematic issues in the legal regulation of these entities, and the possibility of the implementation of effective norms and legal acts of countries near and far abroad and improving domestic legislation.

Institute of legal person in civil law has been studied in general by many legal scholars, both domestic and foreign. These include M.K. Suleimenov, E.A. Sukhanov, F.S. Karagusov, I.S. Shitkina etc. However, today topical questions of the concepts, legal status, privileges of subjects of quasi-public sector and their counterparts abroad, in our view, are studied little and require a comprehensive study and analysis.

The President's message to the people of Kazakhstan from January 6, 2016, «The nation's plan - a way to Kazakhstani dream» indicates the need for further work on privatization in accordance with the Comprehensive Plan of privatization for 2016-2020, according to which 65 the largest state companies owned National Welfare Fund «Samruk-Kazyna», JSC «Baiterek» JSC and «KazAgro» JSC, 173 subsidiaries and affiliates included in the JSC «National Welfare Fund «Samruk-Kazyna» are to be passed in a competitive environment.

The privatization of state property and the transfer of quasi-public sector assets held for further strengthening and development of domestic entrepreneurship, private business.

In this context, the aim of this study is to analyze foreign experience in the legal regulation of legal entities with the participation of the state and development of the relevant proposals on improvement of legislation in this area.

To achieve this, we have studied the classification of forms of legal entities with the participation of the state, particularly their legal status, taxation, liability.

The results of this research can be used in the legislative work on the improvement of the Republic of Kazakhstan legislation governing the legal entities, including the quasi-public sector entities, as well as in scientific research in this area