Regulatory legal acts on rehabilitation and bankruptcy disputes
are:
1) The Constitution of the Republic of Kazakhstan.
2) The Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code).
3) The Civil Procedure Code of the Republic of Kazakhstan (hereinafter – CPC).
4) The Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget (Tax Code)" dated December 25, 2017 No. 120-VI (hereinafter referred to as the Tax Code).
5) The Business Code of the Republic of Kazakhstan dated October 29, 2015 No. 375-V.
6) Budget Code of the Republic of Kazakhstan dated December 4, 2008 No. 95-IV.
7) Environmental Code of the Republic of Kazakhstan dated January 2, 2021 No. 400-VI.
8) The Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" dated March 7, 2014 No. 176-V (hereinafter referred to as the Law).
9) The Law of the Republic of Kazakhstan "On Legal Acts" dated April 6, 2016 No. 480-V.
10) The Law of the Republic of Kazakhstan "On Banks and Banking activities in the Republic of Kazakhstan" dated August 31, 1995 No. 2444.
11) The Law of the Republic of Kazakhstan "On enforcement proceedings and the status of bailiffs" dated April 2, 2010 No. 261-IV.
12) The Law of the Republic of Kazakhstan "On State Property" dated March 1, 2011 No. 413-IV.
13) The Law of the Republic of Kazakhstan "On Natural Monopolies" dated December 27, 2018 No. 204-VI.
14) Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On the practice of applying legislation on rehabilitation and bankruptcy" dated October 2, 2015 No. 5 (hereinafter – NP).
15) Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On judicial practice of liquidation of absent legal entities and an absent debtor, as well as legal entities operating in gross violation of the law" dated June 18, 2004 No. 5.
16) Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On the judicial decision" dated October 2, 2003 No. 5.
17) Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 7, 2016 No. 6 "On certain issues of invalidity of transactions and the application by courts of the consequences of their invalidity".
18) "Rules for calculating coefficients and determining the boundaries of financial stability classes", approved by Order No. 372 of the First Deputy Prime Minister of the Republic of Kazakhstan - Minister of Finance of the Republic of Kazakhstan dated April 9, 2020.
19) "Rules for the selection of a temporary manager if the applicant is a creditor for taxes and customs payments, a government agency or a legal entity with state participation," approved by Order No. 426 of the First Deputy Prime Minister of the Republic of Kazakhstan - Minister of Finance of the Republic of Kazakhstan dated April 29, 2020.
In addition, the norms of substantive law include other laws and regulations that establish the specifics of the application of bankruptcy procedures in relation to individual business entities.
If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those provided for by Law, the rules of the international treaty shall apply.
According to articles 10 and 12 of the Law "On Legal Acts," codes have greater legal force than laws; if there are contradictions in the norms of normative legal acts of different levels, the norms of a higher-level act apply.
The procedures regulated by bankruptcy legislation (which are also undergoing changes) are continuous, and at each stage new legal relationships may arise and arise between participants in the rehabilitation procedure and the bankruptcy procedure.
As a general rule, provided for in Article 4 of the Civil Code, Article 43 of the Law "On Legal Acts", regulatory legal acts apply to relations that have arisen after their entry into force.
Summary of judicial practice in the application of legislation on rehabilitation and bankruptcy in cases considered by the courts for the period 2020-2021 and the 1st half of 2022.
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