Problems of Harmonization of Legislation of Kazakhstan and China in the Conditions of the WTO

By Bekturova, Aidana G.; Sharipov, Shaimardan M. et al. | Journal of Legal, Ethical and Regulatory Issues, January 1, 2017 | Go to article overview

Problems of Harmonization of Legislation of Kazakhstan and China in the Conditions of the WTO


Bekturova, Aidana G., Sharipov, Shaimardan M., Akhatov, Ualikhan A., Madaliyeva, Akzada A., Tursynkulova, Dinara A., Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

According to T. Webster, compliance with treaties also reflects the "subtle" internal legal chapter of China. The revision of laws and regulations in China means less than in Western liberal democracies with strong legal institutions. The Chinese legal system can change its direction a little, without undergoing a deep and democratic discussion. Within the framework of a one-party government and a unitary management structure, the Chinese state dictates the adoption of laws and regulations and coordinates changes between branches of government with minimal institutional frictions (Webster, 2013).

From the position of the indicated author, it is possible to explain the results obtained in the article. The results of the research, stated in the article, refer to the constitutional law and are aimed at its improvement both from the theoretical and practical point of view. And these results can also be used to provide for the legislation's harmonization, making changes to it.

The article discusses the problems of harmonization of the legislation of Kazakhstan and China in the conditions of the WTO rules. The authors consider the results of this study to be justified from the theoretical and practical point of view. The development of the economy depends primarily on its legal regulation, both at the national level and at the international level. Changes in legislation, full harmonization of legislation within the framework of international organizations and between partner countries contribute to the rapid development of legal relations, the opening of markets and the increase in trade between countries, the formation of healthy competition, the opening of the economy for foreign investment (Engvall & Cornell, 2015). The article proposes to harmonize its legislation with WTO rules, without linking it to any country or association.

METHODOLOGY

During the research, the author used both general theoretical and specific scientific methods of cognition. The evolution of legislation, as well as certain problems of legislation harmonization, is viewed as part of an objective process conditioned by the development and change in economic relations. The research is based on a historical method, a formal dogmatic (special-legal) method, a method of concrete legal research, a method of logical analysis and other methods and techniques. The author used statistical data and sociological research data, which concern the issues of harmonization of the legislation of Kazakhstan and China under the conditions of the WTO. The sociological method was used to study the problems of harmonization of the legislation of Kazakhstan and China under the WTO, as it allows assessing the adequacy of legislation. A comparative-legal (comparative) method was also used. In combination with other methods, it allowed to solve problems posed by the author in assessing the problems of harmonization of the legislation of Kazakhstan and China under the conditions of the WTO.

RESULTS AND DISCUSSION

Some scholars believe that Kazakhstan's accession to the WTO is a matter of both foreign and domestic policy. The role of the WTO in the world economy is quite global and it cannot be underestimated. Otherwise, in foreign trade, you can lose to the buyer, that is, not to support the tariff aggression of the WTO member countries. According to Kalimbek and Alimzhanov, the policy of open international trade is objectively necessary for Kazakhstan with a small internal market and the need for access to the world market (Kalymbek & Alimzhanova, 2013). Sikhinbaeva says that Kazakhstan's accession to the WTO is relevant for a number of reasons. The need and relevance of Kazakhstan's accession to the WTO is dictated by the on-going structural changes in the economy (Sikhinbaev, 2016).

Khil indicates that Kazakhstan's accession to the WTO in the future will bring long-term benefits to the economy and will become a strong signal of adherence to economic reform and opening. …

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