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CIVIL CODE OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 1994

General part

(The last edition from 02-04-2019)

Section 1. General provisions

Chapter 1. Regulation of the civil relations

Article 1. The relations regulated by the civil legislation

1. The civil legislation regulates the commodity-money and based on equality of participants other property relations, and also the personal non-property relations connected with property. Participants of the relations regulated by the civil legislation are citizens, legal entities, the state, and also administrative and territorial units.

2. The personal non-property relations which are not connected with property are regulated by the civil legislation as other is not provided by legal acts or does not follow from being of the personal non-property relation.

3. To family, employment relationships and the relations on use of natural resources and environmental protection answering to the signs specified in Item 1 of this Article, the civil legislation is applied in cases when these relations are not governed according to family, the labor law, the legislation on use of natural resources and environmental protection.

4. To the property relations based on administrative or other imperious subordination of one party another including to tax and other budget relations, the civil legislation is not applied, except as specified, provided by legal acts.

Article 2. Main beginnings of the civil legislation

1. The civil legislation is based on recognition of equality of participants of the relations regulated by it, security of property, freedoms of the agreement, inadmissibility of any intervention someone in private affairs, need of free implementation of the civil laws, ensuring recovery of the violated rights, their judicial protection.

2. Citizens and legal entities acquire and perform the civil laws, and also refuse if other is not established by legal acts, from the rights the will and in the interest. They are free in establishment of the rights and obligations on the basis of the agreement and in determination of any its conditions which are not contradicting the legislation.

3. Goods, services and money freely move and address in all territory of the Republic of Kazakhstan. Restrictions of movement of goods and services are entered according to legal acts if it is necessary for safety, protection of life and human health, conservation and cultural values.

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 consists of of this Code, other laws of the Republic of Kazakhstan, presidential decrees of the Republic of Kazakhstan which are valid the law, resolutions of Parliament, resolutions of the Senate and Majilis of Parliament (legal acts), and also presidential decrees of the Republic of Kazakhstan, the orders of the Government of the Republic of Kazakhstan, governing the relations specified in Items 1, 2 Articles of 1 of this Code adopted according to it.

2. In case of contradiction of the regulations of the civil law containing in acts of the legislation of the Republic of Kazakhstan except those that are specified in Item 3 of Article of 1 of this Code to provisions of this Code provisions of this Code are applied. The regulations of the civil law containing in the legislation of the Republic of Kazakhstan and contradicting regulations of this Code can be applied only after entering into the Code of corresponding changes.

Regulations of the civil legislation of the Republic of Kazakhstan cannot contradict the main beginnings of the civil legislation of the Republic of Kazakhstan.

3. The relations connected with creation, reorganization, bankruptcy and liquidation of banks and hlebopriyemny companies, control of banking activity and its audit inspection, control of activities of the hlebopriyemny companies, licensing of separate types of banking activities, restructuring of banks, approach of consequences of deprivation of licenses of banks, implementation of transactions with warehouse certificates of the hlebopriyemny companies are regulated by this Code in the part which is not contradicting the legal acts regulating banking activity and activities of the hlebopriyemny companies.

The relations between banks and their clients, and also the relations between clients through banks are governed by the civil legislation according to the procedure, stipulated in Item 2 these Articles.

4. The civil relations can be governed by customs, including business customs if they do not contradict the civil legislation existing in the territory of the Republic of Kazakhstan.

5. The ministries and other central executive bodies, local representative and executive bodies can issue the acts governing the civil relations in the cases and limits provided by this Code and other acts of the civil legislation.

6. The rights of citizens and legal entities established by this Code and other legal acts of the Republic of Kazakhstan cannot be limited to acts of state bodies and local representative and executive bodies. Such acts are invalid from the moment of their acceptance and shall not be applied.

7. Foreign physical persons and legal entities, and also persons without citizenship have the right to acquire the same rights and shall carry out the same obligations what are provided by the civil legislation for citizens and legal entities of the Republic of Kazakhstan if legal acts do not provide other.

8. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in the civil legislation of the Republic of Kazakhstan are applied rules of the specified agreement. The international agreements ratified by the Republic of Kazakhstan are applied to the civil relations directly, except cases when follows from the international treaty that its application requires the publication of the law.

Article 4. Operation of the civil legislation in time

1. Acts of the civil legislation have no retroactive force and are applied to the relations which arose after their introduction in action. The legal force of the act of the civil legislation extends to the relations which arose before its introduction in action in cases when it directly is provided by it.

2. On the relations which arose before enforcement of the act of the civil legislation it is applied to the rights and obligations which arose after its introduction in action. The relations of agreement parties, concluded before enforcement of the act of the civil legislation, are regulated according to Article 383 of this Code.

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