ANALYSIS OF LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN AND FOREIGN COUNTRIES IN THE PART OF REGULATION OF COMMERCIAL LEGAL ENTITIES, INCLUDING WITH THE STATE PARTICIPATION
Keywords:
commercial entities, joint stock company, limited liability partnership, public enterprises, quasi-public sector entities, public corporations, management of a legal entity, raising responsibilityAbstract
In this article the authors examine some of the issues of legal regulation of the activities of commercial entities, including the participation of the state, in Kazakhstan and foreign countries.
In particular, the issues of separation of legal entities into commercial and non-commercial ones were analyzed, the features of the legal status of commercial organizations, the specifics of the activities of legal entities with the participation of the state both in Kazakhstan and in the countries of the near and far abroad were analyzed.
Based on the comparative legal analysis, the authors developed conclusions and recommendations regarding the lack of uniformity in the legal definition of legal entities with the participation of the state, as well as the lack of clarity in assigning activities that involve the state in business, the introduction of full material responsibility of the management bodies of joint-stock companies and limited liability partnerships with the participation of the state to the organizations themselves and their participants, a unified approach to the regulation of all business entities created in the form of joint-stock companies and limited liability partnerships, etc.
At the same time the authors concluded that it is necessary to consolidate the general rule in the legislation of the RK that all norms of certain laws, both civil law and public law, governing the status of legal entities, must comply with the norms of the Civil Code of the Republic of Kazakhstan on legal entities.
In general, the proposals and recommendations developed by the authors during the analysis of the legislation of the Republic of Kazakhstan and foreign countries in the regulation of commercial legal entities, including with the participation of the state, are aimed at improving the legislative conditions of entrepreneurial activity in Kazakhstan, improving the management of state property.
