THEORY OF STATE AND LAW. CONSTITUTIONAL AND ADMINISTRATIVE LAW

The Principle of Legislative Stability and Its Limits: Issues of the Temporal Application of Legal Norms and the Protection of Legitimate Expectations

Abstract

The article is devoted to the study of current issues in the legal regulation of subsoil use in the Republic of Kazakhstan in the context of ensuring the stability of legislation and the temporal operation of legal norms. The author focuses on conflict-of-law aspects arising from the application of the provisions of the current Code of the Republic of Kazakhstan “On Subsoil and Subsoil Use” (2017) to contracts concluded during the period of validity of the earlier Law “On Subsoil and Subsoil Use” (2010). The paper provides a comparative analysis of the grounds and procedures for extending the exploration period under the previous and the new legislation, identifying significant differences in regulatory approaches that create risks for bona fide investors. The author examines in detail the doctrinal interpretation of the concept of “deterioration of the results of entrepreneurial activity,” as well as the correlation between the mandatory provisions of the new Code and the transitional provisions determining the fate of previously established legal relations. Particular attention is paid to the analysis of a conditional practical case demonstrating legal uncertainty and legislative gaps in regulating appraisal works and pilot production during the transition from exploration to production under legacy contracts. The article substantiates the need for a systemic interpretation of the provisions of the Subsoil Code, taking into account the principle of stability of subsoil use conditions and the legitimate expectations of investors, and proposes approaches to resolving the identified conflicts through the application of mechanisms ensuring immunity from adverse changes in legislation.