Disclosure in Civil Proceedings in the UK and Kazakhstan: Comparative Analysis

Abstract

The relevance of the chosen problem is conditioned by the need to develop theoretical ideas about the institution of disclosure of documents in the civil procedural legislation of the Republic of Kazakhstan, considering the experience of the UK, which will emphasize the potential of this measure to improve procedural discipline and ensure legal certainty in making court decisions and increase the level of legal culture in Kazakhstan, which may affect the effectiveness of this procedure or this institution in practice. The purpose of this study was to characterize the institute of disclosure of documents in civil proceedings using methods of comparative legal analysis of English contract law and the current legislation of the Republic of Kazakhstan. The methodological basis of the study consists of dialectical method, comparative legal analysis, analysis and synthesis, formal and logical, formal and legal, classification and grouping, and questionnaire methods. There is an urgent need to develop theoretical ideas about the disclosure of documents in the Republic of Kazakhstan, especially in light of the introduction of new elements of disclosure such as pre-trial protocol in the civil process.