Between freedom of contract and the principle of good faith: An inside view on the reform of private law of Kazakhstan

Abstract

Over the years since Kazakhstan gained independence there have been cardinal changes in the country's economy associated with the inflow of foreign investments. These changes require the implementation of foreign experience in regulating economic relations and in particularly foreign contractual institutions. The International Financial Center "Astana" has started functioning in Kazakhstan since 2018. The acts of the International Financial Center are based on the principles and norms of law of England and Wales. In this regard, a largescale reform of the private law of the Republic of Kazakhstan was launched, aimed at identifying a number of civil-law ideas and designs that can be measured out in the Kazakh legislation from English law. The authors of this research are direct participants of the reform. This study is aimed at highlighting one of the issues considered within the framework of the reform of private law: strengthening the role of the principle of freedom of contract and the principle of good faith in the contract law of the Republic of Kazakhstan.