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THE CIVIL CODE OF THE REPUBLIC OF KAZAKHSTAN. THE GENERAL PART. THE 27th DECEMBER 1994, No. 269
AMENDMENTS AND ADDITIONS INTRODUCED BY: 1) Edict No. 2447 of 31st August 1995 Having the Force of A Law of the President of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts. (Article 3); 2) Edict No. 2489 of 5th October 1995 Having the Force of A Law of the President of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan and Edict Having the Force of Law of the President of the Republic of Kazakhstan «Concerning the State Registration of Legal Entities». (Articles: 106, 107, 109); 3) Edict No. 2835 of 27th January 1996 Having the Force of A Law of the President of the Republic of Kazakhstan. Concerning the Introduction of An Addendum to the Civil Code of the Republic of Kazakhstan. (GENERAL PART) (Article 10); 4) Law No. 30 of 15th July 1996 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan. (Articles: 38, 41, 42, 43, 50, 59, 62, 77, 93); 5) Law No. 50-I of 7th December 1996 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan. (Article 86); 6) Law No. 68 of 21st January 1997 of the Republic of Kazakhstan. Concerning the Recognition as Invalid of the Edict of the President of the Republic of Kazakhstan, Having the Force of a Law «Concerning Bankruptcy» and Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan. (Articles: 49, 51, 52, 53, and 54); 7) Law No. 80 of 5th March 1997 of the Republic of Kazakhstan. Concerning the Introduction of An Addition and Amendments to the Civil Code of the Republic of Kazakhstan (General Part). (Articles: 129, and 135). 8) Law of No. 132 of 19th June 1997 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan. (Article 41). 9) Law of No. 134 19th June 1997 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Act of the Republic of Kazakhstan. Effective from the 1st of July 1997. (Articles 45, 49, 85, 182); 10) Law No. 144 of 2nd July 1997 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan. (Articles 19, 21); 11) Law No. 154 of 11th July 1997 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Banking Activity. (Articles: 2, 10, 34, 41, 42, 44, 50, 55, 58, 59, 61, 64, 65, 67, 69, 71, 73, 74, 77, 78, 79, 80, 84, 85, 86, 87, 88, 89, 90, 91, 92, 94, 95, 97, 98, 99, 106, 107, 130, 136, 137, 138, 139, 140, 144, 187, 199, 200, 207, 282, 291, 301, 302, 303, § 4 of Chapter 18 (Articles 329-336), Articles: 341, 353, 366, 387); 12) Law No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan «Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)». (Articles 3, 21, 34, 35, 37, 38, 39, 41, 42, 44, 48, 49, 50, 56, 58, 59, 60, 61, 64, 70, 72, 73, 74, 77, 78, 79, 80, 82, 83, 85, 86, 87, 90, 91, 92, 96, 97, 98, 100, 102, 103, 106, 108, 109, 110, 117, 118, 119, 125, 132, 141,152, 155, 156, 159, 162, 182, 188, 191, 192, 193, 195, 196, 200, 202, 207, 209, 221, 223, 227, 228, 230, 231, 233, 240, 243, 251, 253, 261, 269, 281, 287, 291, 293, 299, 301, 311, 325, 328, 339, 344, 348, 350, 354, 357, 358, 364, 368, 370, 372, 390, 401, 403, 404,); 13) Law No. 221 of 22nd April 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan. (Articles: 41, 60, 77, 79, 81, 84); 14) Law No. 238 of 29th June 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments to the Civil Code of the Republic of Kazakhstan (General Part). (Article 52, 53, and 55); 15) Law No. 282 of 10th July 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Joint-Stock Companies. (Articles: 34, 41, 42, 50, 58, 85, 86, 87, 88, 89, 90, 91, 92, 94, 95, 130, 136, 139); 16) Law No. 283 of 10th July 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan. (Article 10); 17) Law No. 320 of 16th December 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the State-Owned Legal Entities (Articles 34, 35, 44, 50, 104, 105 replaced, 202, 204, 205, 206, 207 replaced) effective from the 1st of January 1999; 18) Law No. 436 of 16th July 1999 of the Republic of Kazakhstan «Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan» (Articles: 62, 77, 107, 282). Published on the 3rd August 1999; 19) Law No. 440 of 16th July 1999 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Taxation. (Article 38). Effective from the date of publication; 20) Law No. 472 of 4th November 1999 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Functioning of Public Enterprises. (Articles 44 and 192). Effective from 1st January 2000; 21) Law No. 96 of 8th November 2000 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Appraisal of Property. (Article 319); 22) Law No. 128 of 18th December 2000 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Insurance and Insurance Activities. (Articles: 45, 49, 86, 306). Effective from 23rd December 2000; 23) Law No. 141 of 15th January 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Grain Procurement Enterprises. (Article 3) Effective from 23rd January 2001; 24) Law No. 162 of 2nd March 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions To Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the Banking Activity. (Articles: 192, 206, 328, 331). Effective from 12th March 2001; 25) Law No. 239 of 11th July 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Bankruptcy. Articles 51 and 56. Effective from the 12th August 2001; 26) Law No. 276 of 24th December 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan In Connection With the Adoption of the Code of the Republic of Kazakhstan «Concerning Taxes and Other Obligatory Payments to the Budget» (The Tax Code). (Articles: 19, 38, 49, 242, 282). Effective from the 1st January 2002; 27) Law No. 285 of 17th January 2002 of the Republic of Kazakhstan. Concerning the Introduction of Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Commercial Navigation. (Article 299); and 28) Law No. 323 of 21st May 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the State Property. (Articles: 105, 139, 192, 200, 206). Effective from the 25th May 2002; 29) Law No. 416 of 16th May 2003 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Securities Market and Joint-Stock Companies. (Articles: 40, 41, 42, 58, 77, 86 repealed, 87 replaced, 88 replaced, 89 repealed, 90 repealed, 91, 92, 93, 94, 95, 110, 129 replaced, 130 replaced, 132, 135 repealed, 136 replaced, 139 replaced, 156). Effective from the 21st May 2003; 30) Law No. 417 of 20th May 2003 of the Republic of Kazakhstan. Concerning the Introduction of an Amendment and Addition to the Civil Code of the Republic of Kazakhstan (General Part). Articles: 44, 105. Effective from the 1st June 2003; 31) Law No. 426 of 3rd June 2003 of the Republic of Kazakhstan. Concerning the Introduction of Additions to the Civil Code of the Republic of Kazakhstan Concerning Issues of Mortgage Lending. (Articles: 50, 51, 132, 133, 308, 347). Effective from the 16th June 2003; 32) Law No. 483 of 10th July 2003 of the Republic of Kazakhstan «Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Organising an Integrated System of State Regulation and Supervision of Financial Markets and Financial Organisations. (Articles: 105, 282, 331). Effective from the 1st January 2004; 33) Law No. 486 of 13th October 2003 of the Republic of Kazakhstan. Concerning the Introduction of an Amendment to the Civil Code of the Republic of Kazakhstan (General Part). (Article 85). Effective from the 28th October 2003; and 34) Law No. 542 of 8th April 2004 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Obligatory Social Insurance. (Articles: 51). Effective the 1st January 2005; 35) Law No. 552 of 11th May 2004 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Local Government. (Article 105). Effective January 1, 2004; 36) Law No. 577 of 7th July 2004 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Investment Funds. (Article: 209). Effective 20th July 2004; and 37) Law No. 13 of 20th December 2004 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Division of Duties Between the Levels of the Governmental Administration and Budget Relations. (Articles: 136, 167, 242, 245, 246). Effective January 1, 2005; First Current Text Version to Resume Marking Up. 38) Law No. 50 of 18th May 2005 of the Republic of Kazakhstan Concerning the Introduction of an Addition to the Civil Code of the Republic of Kazakhstan (General Part). (Article 192). May 31, 2005; 39) Law No. 72 of 8th July 2005 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Securities Markets and Joint-Stock Companies. (Articles: 42, 45, 58, 88, 139, 292, 301, 303). Effective date n/a; 40) Law No. 107 of 23rd December 2005 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Licensing and Consolidated Supervision. (Articles: 43, 328 replaced, 370). Effective December 30, 2005; 41) Law No. 115 of 10th January 2006 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Bankruptcy. (Articles: 50, 54-1 introduced, 56). Effective date n/a; and 42) Law No. 125 of 31st January 2006 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Entrepreneurship. (Article 21). Effective date n/a; and 43) Law No. 127 of 20th February 2006 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Underwriting. (Articles: 44, 45, 49, 50, 59, 91). Effective date n/a; 44) Law No. 139 of 5th May 2006 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Auditing. (Articles: 59, 60). Effective Date n/a; 45) Law No. 146 of 5th June 2006 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Formation of the Regional Financial Centre of the City of Almaty. (Article 42). Effective date n/a; 46) Law No. 147 of 22nd June 2006 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Enforcement Procedures. (Article 242). Effective date n/a; 47) Law No. 164 of 5th July 2006 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Mutual Insurance. (Article 108). Effective d/a; 48) Law No. 222 of 12th January 2007 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Licensing. (Article 10). Effective date n/a; 49) Law No. 224 of 12th January 2007 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of National Registers of Identification Numbers. (Article 16). Effective date n/a; 50) Law No. 225 of 12th January 2007 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General and Special Parts). (Articles: 15, 21, 22-1 introduced, 34, 36, 41, 44, 49, 50, 51, 58, 60, 79, 110, 115, 139-1 introduced, 159, 192, 195, 219, 224 replaced, 225, 226, 242, 246, 282, 301, 303, 311, 319, 331, 337, Paragraph 6 introduced: Articles: 338-1 introduced, 338-2 introduced, 353). Effective date n/a; 51) Law No. 230 of 19th February 2007 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Protecting Rights of Minority Investors. (Articles: 61, 79, 91). Effective date n/a; 52) Law No. 299 of 21st July 2007 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Developing the Cotton Industry. (Article 49). Effective date n/a; 53) Law No. 311 of 26th July 2007 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the State Registration of Real Estate Rights and Transactions Therein. (Article 155 replaced). Effective date n/a; 54) Law No. 321 of 7th August 2007 of the Republic of Kazakhstan. Concerning the Introduction of An Amendment and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Securing the Interests of the State in the Sphere of the Economy. (Articles: 80, 100, 193-1 introduced, 216). Effective date n/a; 55) Law No. 54 of 4th July 2008 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the State Registration of Legal Entities and the Accounting Registration of Affiliates and Representations. (Article 41). Effective date n/a; 56) Law No. 60 of 5th July 2008 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Bankruptcy. (Articles: 52, 54-1). Effective date n/a; 57) Law No. 97 of 4th December 2008 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Improving the Budget Procedure. (Article: 105). Effective date n/a; 58) Law No. 101 of 10th December 2008 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Taxation. (Article 19, 115, Paragraph 6 introduced into Chapter 3: 128-1 introduced, 128-2 introduced, 128-3 introduced, 128-4 introduced, 128-5 introduced, 128-6 introduced, 129). Effective January 1, 2009; 59) Law No. 102 of 11th December 2008 of the Republic of Kazakhstan. Concerning the Introduction of An Amendment and Addition to the Civil Code of the Republic of Kazakhstan. (Article 249). Effective date n/a; 60) Law No. 123 of 6th February 2009 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Mass Media. (Article 143). Effective date n/a; 61) Law No. 133 of 12th February 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Act of the Republic of Kazakhstan Concerning Issues of Organisation and Functioning of Islamic Banks and Organisations of Islamic Finance. (Article 59). Effective date n/a; 62) Law No. 135 of 13th February 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Functioning of the National Prosperity Foundation and Recognition as Invalid of the Law of the Republic of Kazakhstan “Concerning the Investment Fund of Kazakhstan”. (Article 193-1). Effective date n/a; 63) Law No. 154 of 29th April 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Their Brining into Conformity with the Rules of the Constitution of the Republic of Kazakhstan. (Article 3). Effective date n/a; 64) Law No. 185 of 11th July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Legislation of the Republic of Kazakhstan Concerning Payments and Remittances of Money, Accounting and Financial Reporting of Financial Organisations, Banking Activity and Activity of the National Bank of the Republic of Kazakhstan. (Article 3). Effective date n/a; 65) Law No. 192 of 28th August 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Counteraction to Legalisation (Laundering) of Income Gained in an Illegal Way, and Financing of Terrorism. (Article 156). Effective date n/a; 66) Law No. 225 of 8th December 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Suppression of Fraudulent Business. (Article 41). Effective date n/a; 67) Law No. 234 of 30th December 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Obligatory and Mutual Insurance, Taxation. (Articles 45, 49). Effective date n/a; 68) Law No. 239-IV of 20th January 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Simplifying State Registration of Legal Entities and Accounting Registration of Affiliates and Representations. (Article 58). Effective date n/a; 69) Law No. 262 of 2nd April 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Enforcement Procedures. (Articles 48, 321). Effective date n/a; 70) Law No. 297-IV of 30th June 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of Customs Regulation and Taxation. (Article 19). Effective date January 1, 2013; 71) Law No. 338 of 15th July 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Insurance. (Articles 91, 106). Effective date n/a; 72) Law No. 395 of 19th January 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues Education. (Article 93). Effective date n/a; 73) Law No. 402 of 28th January 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Mediation. (Article 183). Effective date n/a; 74) Law No. 406 of 10th February 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Mortgage Crediting and Protection of Rights of Consumers of Financial Services and Investors. (Articles: 228, 307 replaced, 318, 370). Effective date n/a; 75) Law No. 408 of 18th February 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Science. (Article 40). Effective date n/a; and 76) Law No. 414-IV of 1st March, 2011 2006 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Property. (Articles: 41, 44, 50, 102, 104, 105 replaced, 111, 167, 192, 193-1, 196, 197, 200, 202, 203, 204, 205, 206 replaced, 207, 227, 235, 242, 244, 245, 246, 247, 249, 253, 256, 257, 267). Effective date n/a; 77) Law No. 421 of 25th March 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of Civil legislation. (Articles: 2, 3, 8, 10, 16, 22, 22-1, 23, 25, 37, 38, 42, 49, 54, 59, 117 replaced, 118 replaced, 119, 141, 143, 155, 156, 157, 159, 163, 164, 169, 193-1, 195, 238, 240, 255, 292, 303, 308 replaced, 319, 320, Paragraph 7 introduced, Articles: 338-3 introduced, 338-4 introduced, 377, 391). Effective date n/a; 78) Law No. 479 of 22nd July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Housing Relations. (Articles: 240, 242, 250). Effective date n/a; 79) Law No. 524 of 28th December 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Regulation of Banking Activity and Financial Organisations with Respect to Risk Minimization. (Articles: 42, 58, 85, 92, 95, 130). Effective date n/a; 80) Law No. 529 of 6th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Cosmic Activity. (Article 118). Effective date n/a; 81) Law No. 537-IV of 12th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Intellectual Property. (Article 106). Effective date n/a; 82) Law No. 539 of 12th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Project Financing. (Articles: 44, 45, 49, 50, 59). Effective date n/a; 83) Law No. 564 of 17th February 2012 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Rehabilitation of Competitive Enterprises. (Article 54 replaced). Effective date n/a; 84) Law No. 15 of 27th April 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Exclusion of Conflicts, Gaps, Collisions Between Rules of Law of Various Legislative Acts and Rules Favouring the Commission of Corruption Violations. (Articles: 34, 36, 107 replaced, 244). Effective date n/a; 85) Law No. 19 of 21st June 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Counteraction Against Legalization (Laundering) of Income Gained in an Illegal Way, and Financing of Terrorism and Converting of Money Into Cash. (Article 156). Effective date n/a; 86) Law No. 21 of 22nd June 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Main Pipelines and Taxation. (Articles: 117, 193-1). Effective date n/a; 87) Law No. 57 of 26th November 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Activity of Micro-Financial Organisations. (Articles: 59, 64 replaced, 74, 78 replaced). Effective date n/a; 88) Law No. 60 of 24th December 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Registration of Legal Entities and Accounting Registration of Affiliates and Representations. (Articles: 38, 39, 42, 45, 48, 50, 57, 58, 59). Effective date n/a; 89) Law No. 61 of 26th December 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation. (Article 19). Effective January 1, 2013; 90) Law No. 95 of 21st May 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues Personal Data and Their Protection. (Articles: 15, 16). Effective date n/a; 91) Law No. 106 of 21st June 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Pension Support. (Articles: 21, 45, 49, 51, 132, 389). Effective date n/a; 92) Law No. 121 of 3rd July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to the Constitutional Law of the Republic of Kazakhstan and to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Exclusion of Contradictions, Gaps, Conflicts Between Rules of Law of Various Legislative Acts and Rules Favouring the Commission of Corruption Violations. (Articles: 43 replaced, 167). Effective date n/a; 93) Law No. 125 of 3rd July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of Activity of Arbitration and Third Party Tribunals. (Article 9). Effective date n/a; 94) Law No. 177 of 7th March 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Rehabilitation and Bankruptcy, Taxation. (Articles: 21 replaced, 49, 50, 51, 52, 54, 54-1 repealed, 55 replaced, 60, 91, 92, 99, 102, 193-1, 319, 404). Effective date n/a; 95) Law No. 203 of 16th May 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Permissive System. (Articles: 10, 19, 35, 49, 159). Effective date n/a; 96) Law No. 206 of 10th June 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Counteraction to Legislation (Laundering) of Income Gained in a Criminal Way, and Financing of Terrorism. (Article 156). Effective date n/a; 97) Law No. 208 of 10th June 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Innovative Cluster “Park of Innovative Technologies”. (Article 93). Effective date n/a; and 98) Law No. 227 of 3rd July 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Improvement of Criminal Legislation. (Articles: 254 replaced, 324). Effective January 1, 2015.
SECTION 1. GENERAL PROVISIONS
CHAPTER 1. REGULATION OF CIVIL RIGHTS RELATIONS
Article 1. Relations Regulated by Civil Legislation
1. Civil legislation shall regulate commodity-money relations and other property relations based on the equality of the participants, and also personal non-property relations which are associated with property relations. Citizens, legal entities, state, and also administrative and territorial units shall be participants of the relations regulated by civil legislation.
2. Personal non-property relations not associated with property relations, shall be regulated by civil legislation, unless it is otherwise provided for by legislative acts or ensues from the essence of a personal property relation.
3. Civil legislation shall apply to family relations, labour relations and relations associated with the use of natural resources and the protection of the environment, which meet the requirements of paragraph 1 of this Article, in the cases where those relations are not regulated respectively by legislation concerning family, labour, use of the natural resources and protection of the environment.
4. Civil legislation shall not apply to property relations which are based on the administrative or any other power subordination of one party by the other, including tax and other budget relations, except for the cases provided for by legislative acts.
Article 2. The Fundamental Principles of Civil Legislation
amended by (11) Law of 11th July 1997 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Banking Activity; 77) Law No. 421 of 25th March 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of Civil legislation.
1. Civil legislation is based on the recognition of the equality of the participants of the relations regulated thereby, inviolability of property, freedom of agreement, prohibition of arbitrary interference in somebody's private affairs, indispensability of the free exercise of civil rights, and provision for the restitution of violated rights and their defence in the court.
2. Citizens and legal entities shall acquire and exercise their civil rights, and also waive, unless otherwise is established by the legislative acts, the rights by their will and in their interests. They shall be free in establishing their rights and obligations on the basis of agreements and in specifying any of their conditions, which do not contradict legislation.
3. Goods, services and funds shall be unrestrictedly transferred and circulated
in the entire territory of the Republic of Kazakhstan. Restrictions in the circulation of goods and services shall be introduced in accordance with legislative acts, where it is necessary for ensuring safety, protection of life and health of people, protection of the natural environment and valuable cultural assets.
Article 3. Civil Legislation of the Republic of Kazakhstan
as amended by (1) Edict No. 2447 Having the Force of Law of the President of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts. August 31, 1995; (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan «Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)»; (23) Law No. 141 of 15th January 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Grain Procurement Enterprises; 63) Law No. 154 of 29th April 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Their Brining into Conformity with the Rules of the Constitution of the Republic of Kazakhstan; and 64) Law No. 185 of 11th July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Legislation of the Republic of Kazakhstan Concerning Payments and Remittances of Money, Accounting and Financial Reporting of Financial Organisations, Banking Activity and Activity of the National Bank of the Republic of Kazakhstan; 77) Law No. 421 of 25th March 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of Civil legislation.
1. The civil legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and shall consist of the present Code, laws of the Republic of Kazakhstan adopted in accordance with it, other laws of the Republic of Kazakhstan, edicts of the President of the Republic of Kazakhstan having the force of laws, decrees of the Parliament, and decrees of the Senate and Majilis (legislative acts), as well as edicts of the President of the Republic of Kazakhstan, decrees of the Government of the Republic of Kazakhstan which regulate relations indicated in paragraphs 1 and 2 of Article 1 of the present Code.
2. In case of a contradiction between the provisions of civil law which are contained in the acts of legislation of the Republic of Kazakhstan, except for those indicated in paragraph 3 of Article 1 of the present Code, and the provisions of the present Code, then the provisions of this Code shall apply. Provisions of civil law containing in legislation of the Republic of Kazakhstan which are contradictory to the provisions of the present Code, may apply only after the introduction into the Code of the appropriate amendments.
Rules of the civil legislation of the Republic of Kazakhstan may not contradict the fundamental principles of the civil legislation of the Republic of Kazakhstan.
3. The relations associated with the formation, reorganisation, bankruptcy and liquidation of banks and grain procurement enterprises, supervision of banking activities and their auditing, supervision of activities of grain procurement enterprises, licensing of certain types of banking transactions, restructuring of banks, performance of transactions in warehouse warrants of grain procurement enterprises, shall be regulated by this Code inasmuch as this does not contradict the legislative acts that regulate the banking business and activities of grain procurement enterprises.
Relations between banks and their clients, as well as relations between clients through banks, shall be regulated by civil legislation in accordance with the procedure established in paragraph 2 of this Article.
4. Civil relations may be regulated by tradition, including the tradition of business operation, unless those contradict the civil legislation which is effective in the territory of the Republic of Kazakhstan.
5. Ministries and other central executive bodies, local representative and executive bodies, may issue acts which regulate civil relations, in the cases and within the limits provided for by the present Code, and by other acts of civil legislation.
6. The rights of the citizens and legal entities which are established by the present Code and any other legislative acts of the Republic of Kazakhstan may not be restricted by the acts of the bodies of the state administration and local representative and executive bodies. Such acts shall be invalid from the moment of their adoption and must not be applicable.
7. Foreign individuals and legal entities and also stateless persons shall have the right to acquire the same rights and they shall be obliged to fulfil the same obligations which are provided for by civil legislation for the citizens and legal entities of the Republic of Kazakhstan, unless legislative acts stipulate otherwise.
8. When an international treaty ratified by the Republic of Kazakhstan, establishes different rules than those contained in the civil legislation of the Republic of Kazakhstan, the rules of the indicated treaty shall apply. The international treaties ratified by the Republic of Kazakhstan , shall apply to civil relations directly, except for the cases where it ensues from a treaty that its application requires the issuing of a law
of the Republic.
Article 4. The Effect of Civil Legislation in Time
1. Civil legislation acts shall not have retroactive force and they shall apply to relations which arise after their entering into force. The legal force of a civil legislation act shall apply to relations which arose prior to its enactment in the cases where it is directly provided for by it.
2. With regard to relations which arose prior to the entering into force of a civil legislation act, it shall apply to the rights and obligations which arise after its entering into force. Relations of parties to an agreement concluded prior to the enactment of civil legislation act shall be regulated in accordance with Article 383 of this Code.
Article 5. Application of Civil Legislation by Analogy
1. In the cases where the relations provided for by paragraphs 1 and 2 of Article 1 of this Code are not regulated directly by legislation or an agreement of the parties and tradition applicable to such relations does not exist, those provisions of civil legislation shall apply, which regulate similar relations (analogy of a law), unless this contradicts their essence.
2. When it is impossible in the indicated cases to use the analogies of law, the rights and obligations of the parties shall be defined on the basis of the general fundamentals and the spirit of civil legislation as well as the requirements of good faith, reasonableness and fairness (analogy of law).
Article 6. Interpretation of Civil Legislation Provisions
1. Provisions of civil legislation must be interpreted literally. Where the possibility exists of different understanding of the words used in the text of legislative provisions, preference shall be given to that understanding which is consistent with the provisions of the Constitution of the Republic of Kazakhstan and the fundamental principles of civil legislation which are outlined in this Chapter, and first of all in Article 2.
2. When establishing the precise meaning of a provision in civil legislation, it shall be required to consider the historic conditions under which it was introduced and its interpretation in judicial practice, unless it violates the requirements specified in paragraph 1 of this Article.
Article 7. The Foundations for the Emergence of Civil Rights and Obligations
Civil rights and obligations shall arise on the fundamentals which are specified in legislation and also from actions of citizens and legal entities which, although not specified in it, but by virtue of the general fundamentals and the spirit of civil legislation, give rise to civil rights and obligations.
In accordance with this, civil rights and obligations shall arise as follows:
1) out of agreements and any other transactions provided for by legislation, and also from transactions which although are not specified in it, do not contradict legislation;
2) form the administrative acts which give rise to civil rights consequences by virtue of legislation;
3) from court decisions which establish civil rights and obligations;
4) as a result of creating or acquiring assets on the bases which are not prohibited by legislative acts;
5) as a result of creating inventions, industrial samples, works of science, literature and art and any other results of intellectual activity;
6) as a result of causing harm to any other person, and equally as a result of the unfair acquisition or saving of assets at the expense of another person (unfair enrichment);
7) as a result of any other acts of citizens and legal entities;
8) as a result of events to which legislation conditions the emergence of civil rights.
Article 8. The Exercise of Civil Rights
Amended by 77) Law No. 421 of 25th March 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of Civil legislation.
1. Citizens and legal entities at their discretion shall exercise civil rights which belong to them, including the right to their protection.
2. Non-exercising of the rights held by citizens and legal entities shall not entail the termination of those rights, except for the cases provided for by the legislative acts.
3. The exercise of civil rights must not violate the rights and the interests of any other subjects under legislation, and it must not do any harm to the environment.
4. Citizens and legal entities must act in good faith, reasonably and fairly when exercising their rights, and comply with the requirements which are contained in legislation, with the moral principles of the society, while entrepreneurs must also comply with business ethics rules. This obligation may not be excluded or restricted by any agreement. The good faith, reasonableness and fairness of the acts of participants in civil rights relations shall be presumed.
