KAZAKHSTAN'S MODEL OF LEGAL REGULATION OF CORPORATE GOVERNANCE

Abstract

One of the major topics in the field of civil law is corporate legal relations. Some civil scientists refer corporate relations to the composition of entrepreneurial legal relations. However, one cannot fully agree with this opinion. Because corporate relations cover the interests of many areas of law, for example, administrative, labor relations, etc. 

The term «corporate organization» has reappeared in the Civil Legislation of the Republic of Kazakhstan. A corporate organization is a legal entity that has the right of membership of these participants in this organization and the creation of its supreme body. Corporate governance is an activity closely related to the organization of power in an organization, which should not be confused with corporate governance. Because the issue of corporate governance is large-scale and corporate governance belongs to the authorities in any legal form of the organization. 

In improving corporate governance, management tasks, functions and responsibilities of the board of directors, rights and obligations of shareholders, as well as experience and theoretical issues of corporate governance require a comprehensive study, and it is also important to consider the specifics of entrepreneurial activity and the specifics of the national legal system. 

In the article, the authors consider the features of corporate relations and their regulatory consolidation. He also gives priority to the system of protection of the rights of participants, characterizing the peculiarities of the emergence of corporate legal relations using comparative systemic legal methods. The article also highlights the role of corporate governance in the field of education management. 

The advantages and features of the Japanese and German models in the legal regulation of corporate governance are analyzed. 

Key words: corporate governance, shareholder, share, collective management, board of directors, German model, Japanese model, national business.