The functioning law of the Astana International Financial Center and its interaction with the functioning law of the Republic of Kazakhstan
The article discusses topical issues of the functioning of the Astana International Financial Center (hereinafter - the AIFC) on the territory of the Republic of Kazakhstan. Analyzing the functioning law of the Republic of Kazakhstan and the AIFC, the author comes to the conclusion that the legislation of the Republic of Kazakhstan is to give the AIFC acts, in particular the decisions of the AIFC Court and the International Arbitration Center a legally binding character within the territory of the Republic of Kazakhstan. This conclusion is based on the fact that in 2020, the Civil Procedure Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan «On Enforcement Proceedings and the Status of Enforcement Agents» were introduced amendments and additions that provide for the decisions and orders of the AIFC Court to be mandatory for their execution throughout the territory of the Republic of Kazakhstan, along with acts of the courts of the Republic of Kazakhstan. The subject of the research is the functioning law of the AIFC and its interaction with the functioning law of the Republic of Kazakhstan. The proposed publication aims to show the interaction of the functioning law of the AIFC and the functioning law of the Republic of Kazakhstan. The interdisciplinary nature of the research subject made it possible to use the methodology of the following branches of legal studies: theory of state and law, constitutional law of the Republic of Kazakhstan, public international law, comparative law. Covering certain aspects of research, we combined methods from different groups: general; general scientific (analysis, synthesis); special; private scientific (formal legal). Comparative law methods: a number of conceptual approaches, in particular civilizational, hermeneutic, systemic and functional approaches. The scientific novelty of the publication lies in the fact that when analyzing the functioning law of the AIFC, we formulated two approaches. The first approach is based on the fact that the functioning law of the AIFC is the law of the AIFC itself, and although certain elements of the functioning of foreign law are possible here, we cannot talk about adopting foreign law, i.e. on the reception of English common law in the legal system of Kazakhstan. The second approach, which we adhere to, provides that as a result of the creation and functioning of the AIFC, there is an interaction and mutual influence of the functioning law of the AIFC and the functioning law of the Republic of Kazakhstan. In addition, in the article it is noted that the jurisdiction of the AIFC, including it being in the form of decisions of the AIFC Court, in which, in addition to Kazakh law, there are principles, norms and precedents of the law of England and Wales, in cases provided for by the legislative acts of the Republic of Kazakhstan extends not only within the territory of Nur-Sultan, where a special legal regime operates, but it can also cover the entire territory of the Republic of Kazakhstan.