Peculiarities of the Legal Regulation of a Contract for Work and Labor with Elements of Supply: Theoretical Approaches and Judicial Practice

Abstract

This article is devoted to a comprehensive study of the peculiarities of legal regulation of a contract for work
and labor with elements of supply within the civil law system of the Republic of Kazakhstan. The relevance
of the topic is determined by the complexity of the legal qualification of such mixed contracts and the need to
establish criteria for distinguishing between key obligations: the performance of work (contract for work) and
the transfer of property (supply) in the context of Kazakhstani legislation, primarily the Civil Code of the
Republic of Kazakhstan. Particular emphasis is placed on examining the interrelation and points of
intersection of these contracts, as well as on identifying the mechanisms of their correlation and interaction in
legal practice. The article analyzes theoretical approaches to identifying the dominant element of the contract
for the purpose of subsidiarily applying the relevant legal norms. Particular attention is given to the analysis
of judicial practice of the Supreme Court of the Republic of Kazakhstan and local courts in resolving disputes
arising from such contractual structures. The study also examines issues related to the allocation of risks, the
liability of the parties for improper performance of work or delivery of defective goods, as well as the issues
of transfering ownership and the application of provisions on compensation for damages. The findings of the
research include reasoned conclusions and recommendations aimed at enhancing legal certainty, unifying
approaches in law enforcement practice, and improving the contractual framework in commercial turnover in
the Republic of Kazakhstan.