On the need to define the concept of “public order” in the context of recognition and enforcement of foreign judicial and arbitration decisions in the Republic of Kazakhstan

Abstract

The article is devoted to the current problem of the lack of a clear definition of the concept of “public order” in the context of private law relations and the ensuing issues of recognition and enforcement of foreign judicial and arbitration decisions in the Republic of Kazakhstan. The aim of the research is to substantiate the need to define and clarify the concept of public order. As a result of the comparative legal analysis, it was revealed that the clause on public order is enshrined in the national legislation of different countries and in international documents, and is also applied by courts, but is absolutely vague and does not have clear criteria for application. In this regard, the authors came to the conclusion that the uncertainty of this term can negatively affect law enforcement practice, creating legal uncertainty and the possibility of arbitrary decisions. The article provides an analysis of existing points of view on the content of public order and considers two opposing approaches: on the need to clarify the concept of public order and the position that its definition should remain flexible and undetermined. Considering the importance of ensuring legal predictability in the area of recognition and enforcement of foreign court and arbitration decisions, the authors concluded that it is necessary to define the conditions for the application of public order by developing its concept, which will ensure uniform judicial practice in the Republic of Kazakhstan and its further improvement.