“Тhe law is the dictate of reason”: what should become a conceptual the basis for the modernization of private law in Kazakhstan

Farkhad Karagussov, Meruyert Akimbekova

2026

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DOI 10.46914/2959-4197-2026-1-1-86-96
Data confidence 70 medium
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Abstract

The Law is a key basis for the modernization of private law, as it establishes the legal framework, standards and mechanisms for making changes and improvements to existing legal norms. The modernization of private law through the law makes it possible to adapt it to changing social and economic conditions, which includes the development of new norms, the reform of outdated ones, and ensuring consistency between various legal acts. The purpose of this article is a theoretical study of conceptual ideas about issues that, in our opinion, are the modernization of private law in the Republic of Kazakhstan. The scientific significance of the article lies in substantiating the transition from formal positivism to the concept of “reasonable law”, where the principles of justice, autonomy of will and good faith reflecting the rational needs of society, and not only the will of the legislator, should become the basis for the modernization of private law in Kazakhstan. The practical significance of this article lies in the fact that at the present time, in the period of informatization and globalization of the economy, the issues of private law are extremely relevant. And, accordingly, an incorrect definition of the balance between private and public law can negatively affect the quality of laws, which in turn can negatively affect the development of the economy in the country. The methodology of the article is based on the principles of rationalism and natural law, considering the law not as coercion, but as the embodiment of reasonableness and justice. It is proposed to make the principles of human rights protection, the rule of law and the introduction of the principle of “Law and Order” the basis for the modernization of private law in Kazakhstan. During the writing of the article, we came to the conclusion that the law allows us to synchronize the norms of private law with the provisions of other branches, for example, with procedural, administrative or criminal law, ensuring their mutual compliance. The law is a tool for changing and improving existing regulations, eliminating outdated provisions and bringing them into line with modern realities.