The article examines the institution of the state loan agreement and its theoretical and practical problems, its legislative expression. On the patterns of practical application of the institution of the state loan agreement in the system of civil law contracts. According to the loan agreement, the definition of the concept of "interest" is formulated, the purpose of which is to separate this concept from other terms of use of the concept of "interest" in civil law relations.

The article also substantiates statements that the collection of interest due is a measure of civil liability if the parties fail to fulfill their obligations as a result of concluding a government loan agreement.

In addition, a theoretically justified definition of a government loan agreement as a civil obligation is given. The loan agreement is considered as an independent institution, interacting on an equal basis with all other legal institutions.

Theoretically sound proposals are proposed to improve the Kazakh legislation regulating civil law relations in the field of the institution of a state loan agreement.