of November 2, 2023 No. 2
About some questions of application by courts of the legislation on rehabilitation and bankruptcy of legal entities and individual entrepreneurs
Having studied practice of application by courts of the legislation on rehabilitation and bankruptcy and for the purpose of its uniform application, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.
1. The legislation of the Republic of Kazakhstan when holding procedures of rehabilitation and bankruptcy is based on the Constitution of the Republic of Kazakhstan (further - the Constitution) and consists of the Civil code of the Republic of Kazakhstan (further - group of companies), the Code of civil procedure of the Republic of Kazakhstan (further - GPK), the Entrepreneurial code of the Republic of Kazakhstan (further - the Entrepreneurial code), the Law of the Republic of Kazakhstan of March 7, 2014 No. 176-V "About rehabilitation and bankruptcy" (further - the Law), other laws and regulatory legal acts establishing features of implementation of the procedure of debt restructuring, the rehabilitation procedure and recognition of legal entities and individual entrepreneurs (further - the debtor) the bankrupt, liquidations of the debtor without initiation of bankruptcy proceedings, except the state companies and organizations, the accumulation pension funds, banks, the insurance (reinsurance) organizations.
According to Item 2 of article 2 of the Law if the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by the Law then are applied rules of the international treaty.
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