Foreign investments in the Republic of Kazakhstan: the need to protect them by eliminating conflicts in arbitration proceedings


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Authors

  • A.A. Bazarbayev M.S. Narikbayev KAZGUU University, Astana, Kazakhstan; «NMC Tau-Ken Samruk», Astana, Kazakhstan

DOI:

https://doi.org/10.32523/2616-6844-2023-142-1-150-161

Keywords:

international treaties, public law, foreign investor, foreign investments, arbitration, pacta sunt servanda

Abstract

Since gaining independence, the Republic of Kazakhstan has been an active participant in international relations, where the attraction of foreign investments is one of the main incentives for the further and stable development of our state.
Foreign investors in the Republic of Kazakhstan are among the main payers of taxes and other obligatory payments to the budget while transferring technologies and international experience. In this connection for the purpose of creating a favorable investment
climate the fundamental principles by which the state recognizes and protects private property, the right to entrepreneurial activity, and the expropriation of property for state needs with equivalent compensation are laid down [1].
Foreign investments and their legal regulation will be considered through the prism of theoretical and empirical methods of research. The article considers the legal basis for the regulation of the investment activity of foreign investors in the Republic of Kazakhstan. In addition, the article reflects ways of protecting foreign investors - the right to appeal to arbitration provided by international public treaties and potential difficulties in the execution of arbitral awards in the Republic of Kazakhstan.
The article reviews some international treaties, and their legal regulation, reveals conflicts and offers solutions.

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Published

2023-03-31

How to Cite

Bazarbayev, A. . (2023). Foreign investments in the Republic of Kazakhstan: the need to protect them by eliminating conflicts in arbitration proceedings. BULLETIN of L.N. Gumilyov Eurasian National University Law Series, 142(1), 150–161. https://doi.org/10.32523/2616-6844-2023-142-1-150-161

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Статьи