Аспекты гражданско-правового регулирования статуса хозяйственных товариществ

Аннотация

This article examines the provisions and legislation of the Republic of Kazakhstan and foreign states regulating the activities of business partnerships and companies. The legislation of the Republic of Kazakhstan contains several organizational and legal forms of commercial entities, which include general partnerships, limited partnerships, limited liability partnerships, additional liability partnerships, joint-stock companies, etc. It should be noted that among the existing organizational and legal forms of business entities, a limited liability partnership is the most attractive for individuals wishing to start their business in the Republic of Kazakhstan. Currently, the activities of business partnerships are regulated by: the Civil Code of the Republic of Kazakhstan (General Part); the Law of the Republic of Kazakhstan "On Business Partnerships"; the Law of the Republic of Kazakhstan "On Partnerships with Limited and Additional Liability" and other regulatory legal acts of the Republic of Kazakhstan. To date, the legislation of the Republic of Kazakhstan on business partnerships and companies has its own characteristics, which are defined by a number of significant features and peculiarities in the legal regulation of their status. First of all, the legislator's position on the division into business partnerships and companies is not unambiguous. Since the Civil Code of the Republic of Kazakhstan (General Part) contains the organizational and legal forms of business partnerships under the generalized term "Business Partnership," in our opinion, there is a possibility to adopt the Law of the Republic of Kazakhstan "On Business Partnerships and Companies," which would encompass all organizational and legal forms of business partnerships. In our view, the inclusion of all organizational and legal forms of business partnerships of the Republic of Kazakhstan in a single normative legal act, such as the Law of the Republic of Kazakhstan "On Business Partnerships and Companies," would also contribute to the progressive development of small and medium-sized enterprises. Since the Civil Code of the Republic of Kazakhstan (general part) contains the organizational and legal forms of economic partnerships under the generalized name "Household Partnership," in our opinion, there is a possibility to adopt the Law of the Republic of Kazakhstan "On Economic Partnerships and Societies," which will contain all organizational and legal forms of economic partnerships. In our opinion, the inclusion of all organizational and legal forms of economic partnerships of the Republic of Kazakhstan in a single normative legal act, such as the Law of the Republic of Kazakhstan "On Economic Partnerships and Societies," will also contribute to the progressive development of small and medium-sized enterprises.