SOME ASPECTS OF LEGAL REGULATION OF GIFT CERTIFICATES IN THE REPUBLIC OF KAZAKHSTAN

2025

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DOI 10.47649/vau.25.v77.i2.35
Data confidence 70 medium
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Abstract

This article is devoted to the study of legal regulation of gift certificates in the Republic of Kazakhstan. The purpose of the article is to consider the legal aspects related to the lack of a clear regulatory definition of gift certificates in Kazakh legislation, as well as their legal nature as a written document certifying the holder's right to receive goods or services. The emphasis is placed on the contradictions between the practice of using certificates and the provisions of civil legislation. In particular, the possibility of applying the rules on retail sale and purchases and preliminary contracts is analysed. The methodological basis of the study includes a comparative legal analysis, a legal analysis of Kazakhstani and international acts, as well as an empirical study of the practice of using certificates. Examples from the legislation of Canada and the United States demonstrate clearer regulation, including a ban on setting expiration dates for gift certificates in a number of provinces and states. The article highlights key problems: the lack of a legislative definition of a gift certificate in Kazakhstan, limited consumer rights when refunding unused certificates and insufficient control over their use. The article also points to the growing role of electronic gift certificates in the context of the increasing share of e-commerce, which requires additional legal regulatory mechanisms. The article concludes with proposals and recommendations for improving legislation, including the introduction of mandatory requirements for the design of certificates, the protection of consumer rights when using them, and a ban on limiting the validity period. This will ensure the transparency of the gift certificate market, reduce legal risks, and strengthen consumer confidence. This work is of interest to lawyers, researchers, and entrepreneurs involved in civil law and e-commerce.