The Problem of Qualification in Determining the Applicable Law: Theoretical Approaches and Legislative Consolidation in the Republic of Kazakhstan

Abstract

The article is devoted to one of the most discussed issues in the theory of private international law - the question of qualification. Qualification is important in all branches of the law, as it is the basis for the subsequent administration of the law. The ultimate purpose of qualification is correct understanding and adequate application of a rule of law. In this article, the author expands on the importance of qualification in the private international law and in the process of determining the applicable law. The author analyzes basic doctrines of qualification that had been developed in the theory of private international law, and makes conclusions on the appropriateness of lex fori application at the stage of determining the applicable law, and application of lex causae at the stage of application of foreign law as a regulatory order. The article also analyzes legislative consolidation of legal qualification in the conflict of laws of the Republic of Kazakhstan. It should be noted that further presentation of the material mostly is based on the theoretical principles of private international law of the Republic of Kazakhstan (close to continental legal system) and on its legislative approaches