Аңдатпа
This paper considers the possibility of introduction into the corporate legislation of the Republic of Kazakhstan such a type of contract as a corporate contract and the establishment of liability for breach of its provisions. The current legislation of the Republic of Kazakhstan does not contain provisions on the corporate contract (shareholder agreement). Meanwhile, based on the principle of freedom of the contract, it is not forbidden and could give a number of advantages to business community. But due to the lack of legislative regulation of the corporate contract, especially liability for its violation, entrepreneurs do not see any sense in its conclusion. For the purposes of elaboration of proposals to stimulate parties of the corporate contract to fulfill their obligations under the corporate contract this article analyzes the international experience of countries where the institute of the corporate contract has a solid practice of application. As a result of the analysis of international experience, the authors have come to understanding that the penalty and the claim for damages which are actively used in law enforcement practice in Kazakhstan, are not really effective tools in the execution of the obligations of the corporate contract. Usually, the purpose of corporate contracts is not to obtain monetary compensation in case of breach of contract, but to fulfill the obligations of the corporate contract, to achieve certain results on the management of the company. In addition, in case of claiming damages, there is a risk of their reduction by the court. Besides, damages have high standards of proof. In this regard, this paper proposes to pay attention to more progressive mechanisms used in international jurisprudence, such as the requirement of performance of an obligation in kind.