Some topical issues of applying temporal norms to previously concluded subsurface use contracts

Abstract

The article is devoted to topical issues of the application of general and special temporal norms to previously concluded contracts for subsurface use in the Republic of Kazakhstan. The article substantiates that not one, but numerous and very different legal relations have arisen from such contracts and may arise in different periods, including after the entry into force of the Code of the Republic of Kazakhstan dated December 27, 2017 “About the subsoil and subsoil use”. This Code provides for special provisions on the application of its rules to relations from previously concluded contracts that arise after its entry into force. The list of norms applicable to such relations is contained in paragraph 3 of Article 277. The article substantiates that when applying them, it is necessary to take into account the stabilized conditions of previously concluded contracts and exceptions to which stability guarantees do not apply. The article also substantiates that the priority of the temporal norms provided for in the Subsoil Code does not exclude the application to previously concluded contracts of the temporal norms provided for in the Civil Code of the Republic of Kazakhstan, in particular, to those relations that are not regulated by the Code. It is also proved that a problematic issue for previously concluded contracts is the issue of stabilization of legislation in force at the time of the conclusion of contracts.