Тransport transit in international law as a basis for improvement of the Kazakhstan legislation

Abstract

The article discusses the issues of improving the legal regulation of transit in international transit and transport treaties, as well as the possibility of improving the current Kazakhstan legislation on the basis of international law. The methodology was based on the study of texts of publicly available international legal documents regulating transport and transit relations in recent decades, as well as a broad literary base. The study of international legal documents on transport transit showed that transit obligations in them are not sufficiently spelled out. Some measures have been proposed to improve the quality of international legal regulation, namely: to detail the transit obligations of the states parties; to consolidate clear principles of international transit. In the Republic of Kazakhstan, despite the need for proper legal regulation of transit legal relations, in the current legislation transit issues are not adequately regulated, there is no consistency and completeness of legal regulation. The specific measures and directions for improving the legal regulation of transit and transport relations in the Republic of Kazakhstan are substantiated, namely: through the development and adoption of the Kazakhstan law «Оn Transit» in the domestic and international dimensions (specific recommendations аre proposed for the development of this draft law); as well as by harmonizing the Kazakhstani transit transport legislation with the norms and principles of international law.