Mixed jurisdictions and the legal system of the Republic of Kazakhstan (public and private law aspects)

Abstract

The article defines such concepts as «legal system», «family of legal systems», «mixed legal systems», «mixed jurisdictions», «hybrid mixed legal systems» and «local mixed legal systems». Taking into account private and public law aspects, it also analyzes proposals for the implementation of English law in civil law and judicial precedent in the judicial system of Kazakhstan, as well as the Constitutional Law of the Republic of Kazakhstan «On the International Financial Center». The private law of the Republic of Kazakhstan is an inseparable part of the family of civil law. The implementation of certain provisions of English law into the civil legislation of the Republic of Kazakhstan, according to the authors, did not lead to the creation of a mixed legal system in the field of private law. As for the implementation of the judicial precedent as a source of law, these attempts have so far been unsuccessful. At the same time, the attempt was successful in the field of public law. The adoption of the Constitutional Law «On the International Financial Center» made it possible to create an enclave on the territory of Kazakhstan dominated by English law. Therefore, with the adoption of this law, the state of Kazakhstan, according to the authors of the article, can be recognized as a local hybrid mixed jurisdiction.