Mamammadov F.S. the undergraduate 1 courses of departments of international law,

the research supervisor Dosymbekova M. S. Cand.Jur.Sci.,

the associate professor of International law

KazNU named by al-Farabi

To a question of concept of the external economic contracts of the Republic of Kazakhstan

Need of attraction of foreign investments into economy and development of foreign economic relations of the Republic of Kazakhstan, expansion of the contract relations of the Kazakhstan businessmen with foreign partners, rapprochement of the national legislation on the external economic questions with the international agreements cause special relevance of legal problems of the external economic contracts. Also for development of the Kazakhstan legislation on this matter as though in the Republic of Kazakhstan rather large number of the laws and other regulations regulating these or those aspects of foreign economic activity is already accepted the General part of the Civil Code of the Republic of Kazakhstan is accepted, [1] (further - RK Group), Special part of the Civil Code of the Republic of Kazakhstan. The Kazakhstan legislation doesn't contain special definition of the external economic contracts. With development of the market scope of application not only contracts, but also other types of the external economic contracts extends: leasing, factoring, forfeiting, franchising, etc.

Transactions being external economic gives to the parties opportunity of application not only the right of the foreign state, but also standards of the relevant international conventions, thus standards of conventions can have a priority in relation to standards of the national legislation. To internal transactions of standard of conventions are inapplicable.

Thus, recognition of the contract the external economic involves important legal consequences and there is an imperative need of a normative definition of the external economic contract.

Considering a ratio of concepts of the contract with concepts of the transaction and contract, it should be noted that the contract by the legal nature is the same contract. In legal literature the terms "contract" and "contract" are considered as synonymous concepts. As A. N. Mukhitdinov noted, in wide value the contract is understood as any contract and the agreement and in this sense the concept "contract" is applied in world practice, in foreign countries [2 Pages 17]. A. N. Mukhitdinov differentiates concept of the contract of three values: the contract as the legal fact, the contract as the document establishing the rights and obligations of the parties, that is contents of the contract, and the contract as legal institute. From this point of view, we believe, it is possible to define that the contract as the legal fact fixes the conditions coordinated by the parties at the conclusion of the contract; the contract as the document affirms the rights and obligations of the parties; the contract as legal institute represents set of the precepts of law regulating certain types of the civil relations. It is fairly noted that still in literature there aren't enough researches studying the legal nature of the contract, its place in system of the right. However the term "contract" is already widely put informally in the sphere civil, obligations into practice though legislatively application of this term is fixed only concerning labor agreements so far. The term "contract" is applied and in the Decrees of the President of the Republic of Kazakhstan which are valid the law "About Oil" (chapter 5 "Contracts" of the Decree "About Oil") and "About a subsoil and subsurface use" (chapter 5 "Contracts for exploration and production" of the Decree "About a Subsoil") in which the contract is defined as the contract for carrying out oil operations (Art. 1 of the Decree "About Oil"); the contract for carrying out operations on subsurface use (Art. 1 of the Decree "About a Subsoil") though the Civil Code of the Republic of Kazakhstan doesn't contain definition of the contract.

Considering a ratio of the concepts "contract" and "contract" with the concept "transaction", it should be noted that the concept "transaction" is broader than the concepts "contract" and "contract". The actions of citizens and legal entities directed on establishment, change or the termination of the civil rights and duties belong to transactions according to Art. 147 of RK Group. The transaction expresses will of one or two or more persons (Art. 148 of RK Group). The transaction expressing will of two or more persons admits the contract (Art. 148 of RK Group). That is, the concept the contract or the contract already of concept of the transaction, any contract (contract) is the transaction, however the unilateral transaction the contract (contract) doesn't admit.

V.A. Musin calls such contracts the international trade contracts and carries to them "the transactions made for commercial purposes by persons of various state accessory and attracting emergence, change or the termination of the civil rights and duties connected with creation, use or realization of material benefits or other results of human activity" [3.s.15]. In one of recent researches on this question definition of the external economic contracts as agreements of the Russian businessmen with foreign firms and citizens, the external economic operations having a subject connected with an exchange of goods and services between the states (delivery of goods, performance of work or other services, transportation of freight and so on).

G. D. Akhmadiyeva gives definition that the external economic contract (contract) is a kind of the civil contract, possessing at the same time the specific signs allowing to allocate the external economic contracts (contracts) in separate group [4]. Special subject and object structures of the external economic contracts treat such signs: contractors of various state accessory act as subjects, object are the relations in the field of foreign economic activity: foreign trade and foreign investment [4].

In my opinion the external economic contract (contract) is a document, the establishing rights and obligations of the parties, the main which place of activity is determined by a place of registration.

It is possible to allocate two main signs of the external economic contracts: 1) contents of contracts - the relations in the sphere of foreign economic activity: operations on export import of goods, services, results of creative activity, operation on foreign capital investments; 2) belonging of the parties to different state (national) systems.

In this regard it is necessary to allocate two groups of the external economic contracts: household external economic contracts and enterprise external economic contracts. As the main signs of the enterprise contract it is possible to mark out profitability and commercial character of the contract as the purpose of enterprise contracts is a receiving profit, the income; commercial character of the enterprise external economic contract consists in the conclusions of such contracts in the sphere of production, trade activity and other economic spheres. Household external economic contracts (contracts), and enterprise external economic contracts (contracts) are characterized by specific features. Such contracts, first, possess special signs of the external economic contracts (contracts) determined by us above: special subject and object structures; secondly, these contracts differ on the conclusion purpose: the household - for personal consumption, enterprise - in the enterprise sphere for the purpose of receiving profit.

Literature:

1. Civil Code of the Republic of Kazakhstan (General part). Almaty. - 2014

2. Mukhitdinov A.N. Contract form of regulation of the labor relations. The thesis on competition of an academic degree of the candidate of jurisprudence. Almaty, 1994.

3. Musin V.A. International trade contracts. L.: I LIE - 1986.

4. Akhmadiyeva G.D Legal regulation of the external economic contracts in the Republic of Kazakhstan. The thesis on competition of an academic degree of the candidate of jurisprudence. And., 1997.