THE CIVIL CODE OF THE REPUBLIC OF KAZAKHSTAN. THE GENERAL PART. THE 27th DECEMBER 1994, No. 269
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
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
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
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
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.