Dispositiveness in civil law of the Republic of Kazakhstan: as a principle, as a method and as a category characterizing the norms of civil law

Abstract

The article considers the features of the principle of disposability in the civil law of the Republic of Kazakhstan and its role in the legal science. It is stated that despite the fact that civilians often operate with such a concept as the principle of disposability, the very concept does not have a clear normative legal formulation, we collect this concept from the meaning of various articles of civil legislation. This, in turn, leads to the difficulty of clarifying this principle by the subjects of law enforcement. In this regard, it is necessary to have a more precise and definite prescriptiveness of the principle of disposability in the civil legislation of the Republic
of Kazakhstan. After all, the content of the main principles of civil legislation, the presence in it of a clear formulation of the principle of disposability, depends on the decision of many civil cases. A common characteristic of disposability in civil law as a method, as a principle and category, characterizing the norms of civil law can be called the internally developed, interested direction of subjects of civil legal relations on their own initiative to acquire and exercise civil rights and obligations. As a result, the authors disclose the
notion of disposability as a principle, method and category that characterizes the norms of civil law, and also note its special significance in the sphere of civil law relations. At the same time, disposability as a principle of civil law -organizes its structure as a feature of the civil law regulation method - ensures its operation, but as a category characterizing the rule of law - creates an alternative to the implementation of a civil legal relationship of an action.