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NATIONAL ACADEMY OF SCIENCES OF THE
REPULIK OF KAZAKHSTAN
CENTRAL SCIENTIFIC LIBRARY
_______________________________________________________
Materials for biobibliograpbies of scientists of Kazakhstan
MAIDAN
KUNTUAROVICH
SULEIMENOV
Almaty 2011
Maidan Kuntuarovich Suleimenov: Materials for biobibliographies of the scientists of Kazakhstan / compiled by G.T. Kazieva. - Almaty, 2011
ISBN ББК
Editor-in-chief
M.Zh. Zhurinov
Editors:
Yе.B. Zhussupov, А.Yе. Duisenova
Compiled by
G.T. Kazieva
CONTENTS
To the readers
The main dates of life and activity of Mr. Suleimenov M.K., academician of the National Academy of Sciences of the Republic of Kazakhstan
Brief outline of the academic, pedagogical and public activity of the academian of the National Academy of sciences M.K. Suleimenov
Literature on the life and activities of the academian of the National Academy of sciences of the Republic of kazakhstan M.K. Suleimenov
Chronological paper index
Monographs of M.K. Suleimenov
List of normative legal acts deeds in elaboration of which Professor M.K. Suleimenov took part
List of draft normative legal acts, not adopted, in elaboration of which Professor M.K. Suleimenov took part
LIST of model legislative acts of CIS states and international treaties, in elaboration of which Professor Suleimenov took part
Doctoral and candidate theses made under scientific supervision of M.K. Suleimenov
Co-authors's index
tO the READERS
Present brochure a new publication in the series of bibliographies of Kazakhstan scientists and it devoted to academician of the National аcademy of sciences of the Republic of Kazakhstan, Doctor in jurisprudence, professor Maidan Kuntuarovich Suleimenov.
Bibliography includes materials, that characterize scientist’s life, activities, his publications and articles devoted to his activity.
Material in the bibliography arranged in chronological order and in alphabetical order with each year: first are articles published in Kazakh language, then in Russian and other languages.
Alphabetic index of publications and co-autor index references refer to ordinal numbers of publications listed in chronological index.
The main dates of life and activity of Mr. Suleimenov M.K., academician of the National Academy of Sciences
of the Republic of Kazakhstan
Maidan Kontuarovich Suleimenov was born September 30, 1941 in Almaty.
Education, scientific degrees and titles
1959-1963. A student of the law faculty of the Kazakh State University named after Kirov.
1963-1966. A post-graduate student of the Institute of State and Law of the Academy of Sciences in Moscaw.
1966. Defended the thesis paper on Liability for Delay in Performance of Contractual Obligations and was awarded a candidate degree in jurisprudence.
1980. Defended doctoral thesis on Structure of Contractual Relations in USSR Economy.
1985. Obtained a scientific degree of a civil law professor.
1994. Was elected the Member-Correspondent of of the Academy of Sciences of the Republic of Kazakhstan.
2003 Was elected the academician of the National Academy of Sciences of the Republic of Kazakhstan.
Professional Positions
1966. A junior researcher of the Institute of Philosophy and Law of the Academy of Sciences of the Kazakh SSR.
1969. A senior researcher of the Institute of Philosophy and Law of the Academy of Sciences of the Kazakh SSR.
1985. A chief of the department of legal problems of the Institute of Philosophy and Law of the Academy of Sciences of the Kazakh SSR.
1991-1992. A director of the Institute of State and law of the Academy of Sciences of Republik of Kazakhstan.
1992-1994 - A chief Scientific Secretary of the National Academy of Sciences of the Republik of Kazakhstan.
1994-1995. A director of the Institute of State and law of the National Academy of Sciences of the Republik of Kazakhstan.
1995 - till present days. A direсtor of the Scientifik-Research Institute of Private law within the Kazakh humanitarian and law university.
Participation in social - political life
Member of the Council of Legal Policy under the President of the Republic of Kazakhstan.
Member of the Scientific Advisory Board of the Supreme Court of the Republic of Kazakhstan.
Board member of the Kazakhstan Petroleum Lawyers Association.
A member of the editorial board of journals: «Law and State», «Legal Reform in Kazakhstan», «Entrepreneur and Law», «Lawyer», «Sanger», etc.
Chairman of the Kazakhstani International Arbitrage.
Awards
1967, 1969, 1970, 1972, 1975, 1977, 1978, 1979, 1980, 1986, 1987 - Is thanked officially for successes into scientific - research activity also for participation in social life.
1978 - is awarded Diploma after results of socialist emulatuion
1986 - Is put in Honorary Gold Book of Kazakhstan.
1988 - for active participation in the scientific and organizational activities awarded a Diploma.
1999 - Is awarded «Kutmet Order» upon the Presidental Edict dated August 27, 1999
2003 - The composite author of the KazULH Research Institute of Private Law under the leadership of M.K. Suleimenov and Yu.G. Basin was decorated with the A. Baitursynov Medal by the Association of Kazakhstan Universities for the development of the textbook «Civil Law. Academic course».
2004 - decorated with the badge «For Service in the Development of Science of the Republic of Kazakhstan».
2005 - decorated with the Jubilee Medal «10 Years of the Kazakhstan Constitution».
2006 - decorated with the badge «For Service in the Development of Science of the Republic of Kazakhstan».
2007 - decorated with the Medal «Law Professor of the Year».
2007 - presented with the honorary diploma by the Board of the Inter-Parliamentarian Assembly of the CIS member-states for active participation in the activity of IPA and its bodies and contribution to the promotion of friendship among the peoples of the CIS member-states.
Brief outline of the academic, pedagogical and public activity of the academian of the National Academy of sciences
M.K. Suleimenov
Maidan Kuntuarovich Suleimenov was born on 30 September 1941 in Almaty.
In 1958, after graduation from the Secondary School No. 25 of Almaty City, he was enrolled to the Law Department of the S.M. Kirov Kazakh State University with major in Jurisprudence; in 1963, he graduated with honours.
The same year he was enrolled to the postgraduate school of the Institute of State and Law of the Academy of Science in Moscow and completed his studies in 1966 with the defense of the Candidate of Laws thesis on a theme «Liability for the Delay in Performance of the Debt Obligation». M. Suleimenov’s supervisor was the famous scholar in the area of legal theory and civil law, Professor R.O. Khalfina.
The beginning of M. Suleimenov’s career is associated with the Institute of Philosophy and Law of the KazSSR Academy of Science, in which he worked first as the junior research officer (since 1966), then as the senior research officer (since 1969), the Head of the Department of National Economy Legal Issues, and subsequently - as the Head of the Department of Civil Law Studies (since 1985).
During his work at the Institute, M. Suleimenov passed the stage of growing as a major scholar in the civil law area. Individually and in co-authorship with such renowned scholars as Yu.G. Basin, M.G. Masevich, B.V. Pokrovskii, K.N. Namengenov, A.N. Khudyakov, and many others he published a number of monographs, e.g.: Liability for Non-compliance with the Performance Date of the Contractual Obligation (1971), Structure of Contractual and Economic Relations (1980), Legal Issues of Financial Incentives of Enterprises (1972), Legal Forms of Self-Financing of Industrial Enterprises (1975), Contract in the National Economy (General Theory Issues) (1987), etc.
During this period, M. Suleimenov prepared a Doctoral thesis on a theme «Structure of Contractual Relations in the USSR National Economy», which was defended in 1980 at the Kharkov Law Institute (Ukraine).
During all these years, M. Suleimenov was reading lectures at the Law Department of the Kazakh State University on civil, economic, housing and family law. In 1985, he received the academic title of Professor of Civil Law.
In 1991, the new Institute of State and Law of the KazSSR Academy of Science was opened, and M. Suleimenov became its first Director. He made much effort for the creation and development of the stable and highly professional academic staff and for the maintenance of creative and benevolent working environment. The Institute of State and Law occupied a notable place in the system of academic institutes.
In 1992, the President of the Kazakhstan Academy of Science U. Sultangazin invited the young scholar to become a member of the managing board of the Academy of Science as a Chief Academic Secretary. M. Suleimenov worked for two years in this position. Jointly with the President of the Academy of Science, he struggled for preservation of the Academy of Science and together with U. Sultangazin, he resigned in 1994 and again became the Director of the Institute of State and Law. The former Director, who had been holding this post in the absence of M. Suleimenov - E.K. Nurpeisov - became the Rector of the newly established Kazakh State Law University.
In the same period, in 1994, M. Suleimenov was elected as the corresponding member of the Kazakhstan Academy of Science, and in 2003, he was elected as the Academician of the National Academy of Science of the Republic of Kazakhstan.
In 1995, M. Suleimenov became the Head of the Research Centre of Private Law (since 9 July 1999 named as the Research Institute of Private Law), which was created for him in the structure of the Kazakh State Law University (currently the Kazakh University of Law and Humanities, KazULH); and he continues to head it up until now.
Nowadays, the Research Institute of Private Law is the only research centre of civil law studies in Kazakhstan that is famous for its achievements in the field of civil law, private international law and arbitration law with all its staff members being the Doctors and Candidates of Laws.
The Institute staff members participate in carrying out fundamental and applied research of the civil and private international law issues with the state grant funding. Being the winner for a number of years of the fundamental research contests, the composite author of the Institute, since the moment of its creation and until now under the leadership and direct involvement of M.K. Suleimenov, has carried out a number of fundamental research on private law issues, as a result of which the following monographs were published: «Law and Entrepreneurship in the Republic of Kazakhstan» (1995), «Law and Foreign Investments to the Republic of Kazakhstan» (1997), «Law and Property in the Republic of Kazakhstan» (1998), «Rights In Rem in the Republic of Kazakhstan» (1999), «Law and Foreign Economic Activity in the Republic of Kazakhstan» (2001), «Civil Law Entities» (2004), «Civil Law Objects! (2008), «Protection of Civil Rights» (2011).
Since 2010, the composite author of the Research Institute of Private Law under the leadership of M.K. Suleimenov has been carrying out the research of complex problems of the civil law in the legal system that is little studied in the contemporary civil law study, as a result of which a monograph is planned to be published in 2012. The Research Institute of Private Law intends to continue the research in the area of civil law and private international law. The research on the following topics are planned to be carried out: «State and Civil Law», «Civil Law and Civil Process», «Civil Law as a Science», etc. Thus, on M.K. Suleimenov’s initiative a consecutive cycle of academic work papers dedicated to the research of the civil law of the Republic of Kazakhstan is being created.
One of the equally important focuses of the Private Law Institute’s activity headed by M.K. Suleimenov lies on the participation in the draft of textbooks, teaching aids, commentaries as well as other academic and practical literature. The Institute’s composite author as well as some of its staff members have published a large amount of scholastic literature, whose central place is occupied by the comprehensive university academic course textbook «Civil Law» in three volumes (published in 2000, 2002 and 2004), which is the only one in Kazakhstan. In 2003, the Kazakh version of the first volume of the «Civil Law» textbook, updated with account of the civil legislation effective as of September 2003, was published. In 2011, the Research Institute of Private Law started the preparation of the second edition of the first volume of the textbook in Russian.
In 2003, the composite author of the KazULH Research Institute of Private Law under the leadership of M.K. Suleimenov and Yu.G. Basin was awarded with the A. Baitursynov Medal by the Association of Kazakhstan Universities for the development of the textbook «Civil Law. Academic course».
The fundamental academic research carried out by the Institute cannot be regarded as mere theorization; most of it is of applied importance for the improvement of the legal and administrative framework, and academic construction and interpretation of the basic provisions of the legal legislation.
For example, in 1998 the Research Institute staff under the leadership of M.K. Suleimenov and Yu.G. Basin elaborated the first ever in Kazakhstan the comprehensive Commentary to the Civil Code of the Republic of Kazakhstan (General Part) in two books that contained the interpretation and construction of all articles as well as the analysis of all normative legal acts that were adopted on the basis of the CC and complementary thereto. The Commentary to the Special Part of the Civil Code, structured according to certain chapters and sections, was published in 2000.
In 2003, the second edition of the Commentary to the Civil Code of the Republic of Kazakhstan was published within the framework of the academic and practical research of the Institute; in 2007, the third edition was published that was substantially updated and comprised the judicial practice; it was highly regarded not only by professional lawyers, but also by lay persons who come across complex civil law issues in a daily life.
In 2006, the first ever in the country the item-by-item Commentary to the Special Part of the Civil Code was published in two books. Currently, the Institute staff carry out the activity on preparation of the second edition of the item-by-item Commentary to the Special Part of the Civil Code.
Overall during 16 years of work under the unchangeable leadership of M.K. Suleimenov, the Research Institute staff have published over 30 monographs, three volumes of a civil law textbook in Russian and one volume in the state language, three editions of the item-by-item Commentary to the Civil Cod of the RoK, 17 collections of normative legal acts including 15 on private international law, 16 collections of materials of theoretical and practical conferences organized by the Institute and over 100 research articles.
M.K. Suleimenov introduced into practice the new form of academic discussion among the civil law specialists, i.e. the annual civil law readings. They are conducted in the form of International theoretical and practical conferences jointly with the German Society for Technical Cooperation (GTZ), which attract a large amount of participants (140-150 reporters), what demonstrates the vivid interest of the academic community and, first of all, of young scholars in the civil law. 12 such conference have been hosted: «Rights In Rem and Contractual Rights in the Legislation of the Republic of Kazakhstan» (1999), «Contract in Civil Law: Theory and Practice Issues» (2000), «Civil Law Entities» (2001), «Topical Issues of Private Law» (2002), «Civil Law Objects» (2003), «Protection of Civil Rights» (2004), «Subjective Civil Law and its Guarantee Means» (2005), «Liability in Civil Law» (2006), «Civil Law in the Legal System» (2007), «State and Civil Law» (2008), «Civil Law and Civil Legislation» (2009), «Subject, Method and System of Civil Law» (2010), in which in different years the leading civil law scholars from the following countries took part: Germany, France, the USA, Greece, Russia, Tatarstan, Bashkortostan, Dagestan, Ukraine, Belarus, Georgia, Azerbaijan, Uzbekistan, Tajikistan and the Kyrgyz Republic.
The distinguished role in the establishment and development of both the civil law study and the private international law study that was practically absent in Kazakhstan belongs to M.K. Suleimenov. He created the private international law school in the country; and implemented the unique enormous project without any analogues in the CIS dedicated to the publication of all international treaties and legislation in the area of private international law. М. Suleimenov was reading lectures for students of KazULH and Adilet University, supervised the postgraduate students on private international law. By now, M.Suleimenov’s students have defended their Candidate Dissertations on private international law (G. Akhmadieva, Sh.Zh. Tashmukhambetova, M.S. Taimova, K.A. Talzhanov, D.A. Isaikin, K.B. Ibrayeva, R.B. Dosybayeva, S.A. Sarina, G.T. Kazieva, A.A. Zhusupov, M.L. Chechina and others), and publish their articles and monographs.
Many of M.K. Suleimenov’s ideas and proposals on the issues of the development of Kazakhstan legal system and creation of the legal basis for the market economy were voiced long ago our times. The special attention should be paid to his lectures for students of KazSU, KazULH and Adilet Higher Law School - Academy of Jurisprudence, and Caspian Public University that comprehensively address the issues of civil law, private international law and Kazakhstan legal system at large.
M.K. Suleimenov dedicates much time to the work with young scholars. During a long period of time, he headed the Dissertation Board for the defense of doctorate theses with major No. 12.00.03 - civil law, business law, family law, private international law, civil process, and arbitration process. Forty-six postgraduate students of M. Suleimenov successfully defended their candidate theses, and eight students defended doctorate thesis on the most complex and topical issues of private law.
In addition, on М.К. Suleimenov’s initiative two special theoretical and practical conferences were organized for graduate and postgraduate students, young teachers, research interns majoring in civil law, business law, family law, private international law, civil and arbitration process, namely «Topical Issues of Contemporary Civil Law» (in 2001 and 2002).
М. Suleimenov has been taking the most active part in the establishment and development of the Kazakhstan legal system, and creation of the legal basis for the market economy.
In 1989, М. Suleimenov participated in the elaboration of the «Concept of Self-Governance and Self-Financing of the Kazakh Soviet Socialistic Republic» as a member of the inter-ministerial working group under the leadership of the KazSSR State Plan Deputy Chairperson D.Kh. Sembayev (in particular, he wrote the «Property» section). This Concept became the economic basis for the future state independence of Kazakhstan. This Concept for the first time ever contained such notions as «the proprietary right of the Kazakh SSR to the natural resources» and «the private property right».
On the basis of this Concept, the attempt was made to draft the Law on Self-Governance and Self-Financing of the Kazakh SSR; and in the course of preparation of this draft law, jointly with the Minister of Justice of Kazakh SSR of that time М. Suleimenov visited the capitals of Soviet Republics where such draft laws were being prepared as well: Vilnius, Riga, Tallinn, and Minsk.
After the elections of the first independent Supreme Council of the Kazakh SSR, M. Suleimenov was actively working in the Parliament committees. Under his leadership or with his participation the following draft laws were elaborated: «On Property», «On Enterprises», «On Foreign Investments», «On Free Economic Zones», «On Pledge», «On Denationalization and Privatization», «On Business Partnerships and Joint-Stock Companies», «Housing Code of the Republic of Kazakhstan», «On Healthcare of the Population of the Republic of Kazakhstan» and others.
All these laws have been repealed by now, but at that time they played a significant role in the establishment of the market economy, strengthening of the business life, and in particular of such institutes as the right to private property, joint-stock companies and foreign investments.
In 1993, the Civil Code and Foreign Investment legislation started to be elaborated. The Government formed the Working group under the leadership of M. Suleimenov for elaboration of the Civil Code draft. By the Decree of the Vice-President of the Republic of Kazakhstan Ye. Asanbayev as of 22 January 1994 М. Suleimenov was appointed the supervisor of the working group on elaboration of draft laws «On Foreign Investments», «On Oil» and the European Energy Charter Treaty.
The Civil Code of the Republic of Kazakhstan (the General Part) was adopted on 27 December 1994, the Law «On Foreign Investments» - on 27 December 1994 г., and the Presidential Decree of the Law status «On Oil» - on 28 June 1995.
In 1994, the Ministry of Justice of the Republic of Kazakhstan jointly with the World Bank announced a tender among law firms for the World Bank’s project «Development of Commercial Legislation in Kazakhstan». Eight firms participated in the tender with «Pepper, Hamilton & Scheetz» becoming the winner. This firm invited local lawyers for cooperation, and made an offer to M. Suleimenov to become the leader of this group. This working group comprised such renowned in Kazakhstan lawyers as Yu.G. Basin, A.I. Khudyakov, B.V. Pokrovskii, K.V. Mukasheva, O.I. Chentsova, R.A. Mametova, V.A. Zhakenov, and E.V. Novikova. At different stages, in particular, during elaboration of the draft Civil Code, the following lawyers took part in the group’s work: B.B. Bazarbayev, G.I. Tuleugaliev, K.M. Ilyasova, I.U. Zhanaidarov, E.B. Osipov, G.T. Utegenova, A.V. Rozentsvaig.
The working group prepared a big number of draft Laws, including the Civil Code (the General Part), Laws and Presidential Decrees with the Law status: on land, on subsoil and subsoil use, on privatization, on insurance, on real estate mortgage, on state registration of title to real estate and transactions therewith, on business partnerships, on external borrowing and management of external loans, on housing relations and many others.
The World Bank’s project lasted from 1994 until 1996.
In 1996-1998, М. Suleimenov took part as a working group leader in the USAID funded project «Development of Commercial Legislation in Kazakhstan». The American law firm IRIS acted as the Project implementer. The working group comprised Yu.G. Basin, B.V. Pokrovskii, I.U. Zhanaidarov, E.B. Osipov, R.A. Mametova and other professionals that drafted the Civil Code (the Special Part) as well as a great number of Laws (Presidential Decrees with the Law status), including on limited liability and complementary liability partnerships, normative legal acts, bankruptcy, individual entrepreneurship and others.
Apart from that, certain projects were implemented upon the orders of state bodies and non-governmental organizations, such as: the Ministry of Energy (the Law «On Energy», the Law «On Coal», the Law «On State Regulation of Production and Turnover of Oil Products»), the State Committee on Investments (Regulation on the Pledge of Subsoil Use Right), Union of Entrepreneurs (the Law «On Protection and Support of Private Entrepreneurship»), Ministry of Health (the Law «On Tuberculosis»), the Academy of Science (the Law «On Science and Scientific and Technical Policy», the Law «On Science Fund»).
During only sixteen years of existence of the Institute, its research officers participated in the draft of over 80 laws and by-laws (including «On Arbitral Tribunals», «On International Commercial Arbitration», «On State Property» and many others).
By the Decree of the President of the Republic of Kazakhstan as of 22 May 1995 «On the Expert and Advisory Board under the President of the Republic of Kazakhstan for the Draft of the New Constitution the Republic of Kazakhstan», M. Suleimenov was included to this Expert and Advisory Board as an academic supervisor. For his participation in drafting the 1995 Constitution of the Republic of Kazakhstan, M. Suleimenov was decorated with the Kurmet order by the Presidential Decree dated 27 August 1999.
М. Suleimenov took an active part in the elaboration of the CIS model legislation. This work has been carried out since 1993 under the auspices of the CIS Academic Advisory Centre of Private Law headed by Professor А.L. Makovskii. The working group members from Kazakhstan were Professors Yu.G. Basin and M.K. Suleimenov. The draft laws developed by the group were adopted by the Inter-Parliamentarian Assembly of the CIS states as model drafts. The working group sessions were repeatedly held in Leiden (the Netherlands), Bremen (Germany), Istanbul (Turkey), St. Petersburg, Moscow, Tashkent, Tbilisi, Yerevan and other cities. One of such sessions took place in Almaty in November 2000 and was hosted by the KazULH Research Institute of Private Law.
During the past years, the working group elaborated the drafts of the Model Civil Code (first, second and third parts), model laws on joint-stock companies, limited liability partnerships, mortgage, bankruptcy, and the securities market.
The large part of M. Suleimenov’s international activity was dedicated to the work on the Energy Charter documents that unites 50 states. М. Suleimenov participated in this process since 1993 as the leader of the Kazakhstan negotiation group. With the active participation of Kazakhstan, the Energy Charter Treaty was elaborated and signed in Lisbon on 17 December 1994, and was later ratified by Kazakhstan on 18 October 1995. Since 1994 there are discussions held in Brussels regarding the elaboration of other instruments on the basis of the Energy Charter Treaty (Additional Treaty, Trade Amendment, Minutes to the Transit, etc.); and Kazakhstan’s position plays a notable role in these discussions.
M. Suleimenov’s fundamental academic knowledge has been successfully employed in practice. He was the legal advisor to the Government of the Republic of Kazakhstan during the round of negotiations with the major oil companies (Chevron, Elf-Akiten, British Gas, British Petroleum, Agip, StatOil, etc.) and acted as the legal consultant of well-known foreign and national companies (in particular, the International Finance Corporation, АЕS, АВВ, Belocorp Scientific Inc., Price Waterhouse, Kazgermunai, Kazakhoil, Gallaher, etc.).
М.К. Suleimenov regularly makes reports at various international conferences and seminars dedicated to the issues of civil law, oil law, private international law, arbitration law, banking, housing law and other legal areas in Almaty, Astana, Kokchetau, Atyrau, Dallas, Houston, Washington, D.C., New York, Brussels, Leiden, Berlin, Bremen, London, Edinburgh, Istanbul, Renn, Seoul, Beijing, Moscow, Kyiv, Odessa, Baku, Dushanbe, etc.) bringing and sharing among the lawyers and investors new ideas on the research of the legal system and legal education.
М.К. Suleimenov participated as a research consultant and expert in a number of international proceedings, in particular, at the London International Arbitration Court, London, 1999; International Center for Settlement of Investment Disputes, Washington, D.C., 2000, 2011; the Court of Queen's Bench, Alberta Province, Calgary circuit court, Canada, 2000; Arbitration Court under the UNCITRAL Rules, Stockholm, Sweden, 2001, 2004, and 2010; and the High Court (Queen’s Bench Division) Commercial Court, London, etc.
Largely due to the personal contacts of M.K. Suleimenov, the Research Institute of Private Law of the KazULH has established and maintains relations with the Research Centre of Private Law under the President of the Russian Federation, the Research Advisory Centre of Private Law of the CIS states, Law Departments of the Moscow State University, St. Petersburg State University, Rostov State University, Kyiv State University, Belarus State University, Tashkent State Law University, Tomsk State University, Ural Law Academy, legal educational and research institutions of Uzbekistan, Kyrgyzstan, Tajikistan, the University of Bremen (Germany), Institutes of Eastern European law of the University of Leiden (the Netherlands) and Kiel University (Germany); the Energy Charter Secretariat (Brussels, Belgium) and other international organizations.
M.K. Suleimenov’s positions as both a scholar and a lawyer are distinctively expressed in his public activity.
In 2005, М.К. Suleimenov founded and headed a new arbitration court - the Kazakhstan International Arbitrage. For almost seven years of its activity, the Kazakhstan International Arbitrage has become the leading arbitration institution in Kazakhstan and is well known abroad.
In this respect it should be noted that during many years (in 1999-2004) М.К. Suleimenov and Yu.G. Basin carried out the titanic work for preservation and development of arbitral tribunals in Kazakhstan, which started to face problems with legal regulation since the adoption of the Civil Procedure Code on 13 July 1999. The main problem lied in the absence of the legislative mechanism for enforcement of arbitral awards in the country, what practically undermined the activity of arbitral tribunals in Kazakhstan and eventually led to the situation when parties to civil relationships could not use arbitration as an effective legal remedy.
With the support of the German Society for Technical Cooperation (GTZ), United Nations Commission for International Trade Law (UNCITRAL) and International Union Lawyers, on 3-4 February 2003, the Research Institute of Private law hosted the international theoretical and practical conference «Arbitration in Kazakhstan: Legal Regulation Problems» with participating scholars from Kazakhstan, Russia, France and Germany. As a result of this conference, an appeal was made to the President, Government and Parliament of the Republic of Kazakhstan. M.K. Suleimenov and Yu.G. Basin repeatedly made reports at various conferences, mass media, and participated in the negotiations process with the state bodies with the initiative to adopt the legislation on the regulation of the activity of arbitral tribunals in RoK.
Finally, on 28 December 2004 the following laws were adopted in Kazakhstan: «On Arbitral Tribunals», «On International Commercial Arbitration», as well as the Law «On Amendment of Certain Legislative Acts of the Republic of Kazakhstan Concerning the Activity of Arbitral Tribunals and Arbitrages». The most active role in the elaboration of these laws belongs to the group of scholars led by М.К. Suleimenov (Yu.G. Basin, Z.Kh. Baimoldina, P.Ya. Greshnikov, I.P. Greshnikov, Ye.B. Osipov) with the participation of the German Society for Technical Cooperation (GTZ) and Professor of the University of Bremen Rolf Kniper.
In November 2006, upon М.К. Suleimenov’s initiative the Kazakhstan International Arbitrage jointly with the Research Institute of Private Law hosted the first ever in the history of Kazakhstan International Arbitration Congress within the framework of the Movement for unification of arbitral institutions of the Asian region. The following arbitral institutions were represented at the Congress: the China International Economic and Trade Arbitration Commission, the International Commercial Arbitration Court under the Russian Federation Chamber of Commerce, the Mongolian National Arbitration Court, the Korean Commercial Arbitration Board, the Japan Commercial Arbitration Association, the Korea International Trade Arbitration Committee, International Court of Arbitration of the International Chamber of Commerce as well as the UNCITRAL.
М.К. Suleimenov is one of the founders of the Zanger law firm that was founded in 1992 in Almaty. The Zanger law firm became one of the first non-governmental commercial organizations in the country, whose business objective was rendering professional legal service (License No. 2 in Kazakhstan).
The two main areas of the company activity are practical (rendering comprehensive legal services to residents and non-residents of RoK) and analytical research (participation in the academic research, assessment and elaboration of draft normative legislative acts as well as publication of legal literature on civil law) since one of the main principles of the company activity is the reasonable combination of the progressive theoretical and practical thinking and the close mutually enriching link between the theory of the civil law and its application practice.
Following this principle, the company’s staff was formed to include the lawyers, who are known not only as successful practicing professionals but also as the well-known civil law scholars that implement in practice the results of their academic research on the most complex and topical issues of private law.
М.К. Suleimenov is the member of the Legal Policy Board under the President of the Republic of Kazakhstan, member of the Research Advisory Board under the Supreme Court of the Republic of Kazakhstan, member of the Board of the Kazakhstan Association of Oil and Gas Lawyers as well as the member of the editorial board of the following magazines: «Law and State», «Legal Reform in Kazakhstan», «Businessman and Law», «Lawyer», «Zanger», etc.
The Suleimenovs family is notable for its dynasty of lawyers. M. Suleimenov’s father Kuntuar Alibayevich Suleimenov was the Honoured Lawyer of Kazakhstan and has made a splendid career starting as a clerk of court and becoming the Chairperson of the Supreme Court of Kazakhstan. M. Suleimenov’s elder daughter Aliya graduated from the International Law Department of the Kazakh State Law Academy, and then obtained the Master’s degree from the University of Leiden (the Netherlands). His son Aituar graduated from the Business Law Department of Kazakh State Law Academy and the Georgetown University (Washington, D.C.), and younger daughter Anar graduated from the Academy of Jurisprudence - Higher School of Law «Adilet» and obtained the Master’s degree from the University of Bremen (Germany); currently they work as lawyers in the leading law companies. Two sons-in-law of M.K. Suleimenov - Ken (Aliya’s husband) and Yerzhan (Anar’s husband) are lawyers as well; whereas Aituar’s wife Gaukhar is a philologist.
