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CIVIL CODE OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 1994

General part

(as amended on 03-07-2020)

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.

Article 5. Application of the civil legislation by analogy

1. In cases when Articles of 1 of this Code of the relation provided by Items 1 and 2 are directly not settled by the legislation or the agreement of the parties and there are no customs, applicable to them, to such relations as it does not contradict their being, the regulations of the civil legislation governing the similar relations (analogy of the law) are applied.

2. In case of impossibility of use in the specified cases of analogy of the law of the right and obligation of the Parties are determined, proceeding from the general beginnings and sense of the civil legislation and requirements of conscientiousness, rationality and justice (analogy is right).

Article 6. Interpretation of regulations of the civil legislation

1. Regulations of the civil legislation shall be interpreted according to literal value of their verbal expression. In case of possibility of various understanding of the words applied in the text of legislative arrangements, preference is given to the understanding answering to the provisions of the Constitution of the Republic of Kazakhstan and the basic principles of the civil legislation stated in this Chapter, first of all in its Article 2.

2. In case of clarification of exact sense of regulation of the civil legislation it is necessary to consider historical conditions under which it became effective, and its interpretation in court practice if it does not violate the requirements stated in Item 1 of this Article.

Article 7. Bases of origin, change and termination of the civil laws and obligations

The civil laws and obligations arise, change and stop from the bases, stipulated by the legislation the Republic of Kazakhstan, and also from actions of citizens and legal entities which though are not provided by it, but owing to the general beginnings and sense of the civil legislation generate the civil laws and obligations.

In connection therewith the civil laws and obligations arise, change and stop:

1) from agreements and other transactions, stipulated by the legislation the Republic of Kazakhstan, and also from the transactions though which are not provided by it, but not contradicting the legislation of the Republic of Kazakhstan;

2) from the administrative acts attracting civil consequences owing to the legislation of the Republic of Kazakhstan;

3) from the judgment which established the civil laws and obligations;

4) as a result of creation, destruction, acquisition or property acquisition on the bases which are not forbidden by legal acts of the Republic of Kazakhstan, and also refusal of the rights to property;

5) owing to creation of inventions, industrial designs, works of science, literature and art and other results of intellectual activities;

6) owing to damnification to other person, and it is equal owing to superficial acquisition or saving of property at the expense of other face (unjust enrichment);

7) owing to other actions of citizens and legal entities;

8) owing to events with which the legislation of the Republic of Kazakhstan connects approach of civil consequences.

Article 8. Implementation of the civil laws

1. Citizens and legal entities at discretion dispose of the civil laws, including the right to their protection belonging to them.

2. Non-realization of the rights belonging to citizens and legal entities does not attract the termination of these rights, except as specified, provided by legal acts.

3. Implementation of the civil laws shall not violate the rights and interests of other persons of law protected by the legislation, shall not cause environmental damage.

4. Citizens and legal entities shall act when implementing of the rights belonging to them honesty, reasonably and fairly, observing the requirements containing in the legislation, ethical principles of society, and entrepreneurs - also rules of business ethics. This obligation cannot be excluded or limited to the agreement. Conscientiousness, rationality and justice of actions of participants of civil legal relationship are assumed.

5. The actions of citizens and legal entities sent on damnification to other person, abuse of the right in other forms and also on implementation of the right in contradiction with its appointment are not allowed.

6. Nobody has the right to take benefit from the unfair behavior.

7. In case of non-compliance with the requirements provided by Items 3-6 of this Article, the court can refuse to person protection of the right belonging to it.

Article 9. Protection of the civil laws

1. Protection of the civil laws is performed by court, arbitration in the way: recognitions of the rights; recoveries of the provision existing before violation of the right; suppression of the actions violating the right or creating threat of its violation; award to discharge of duty in nature; damages recoveries, penalties; recognitions of the debatable transaction invalid and applications of consequences of its invalidity, application of consequences of invalidity of the insignificant transaction; compensations of moral harm; terminations or changes of legal relationship; recognitions invalid or not subject to application of the act of state body or local representative or executive body which is not corresponding to the legislation of the Republic of Kazakhstan; recovery of penalty from state body or the official for hindrance to the citizen or the legal entity in acquisition of right or implementation of the right, and also the different ways provided by legal acts of the Republic of Kazakhstan.

Legal entities have no rights to compensation of moral harm.

Protection of the civil laws by compensation of the moral harm done to the consumer owing to violation of its rights and legitimate interests, stipulated by the legislation the Republic of Kazakhstan about consumer protection can be performed by subjects of pre-judicial settlement of consumer disputes.

2. The request for protection of the violated right to authority or managements does not interfere with appeal to the court with the claim for protection of the right if legal acts do not provide other.

3. In the cases which are specially provided by legal acts, protection of the civil laws can be performed by direct actual or legal acts of person whose right is violated (self-defense).

4. Person whose right is violated can require full recovery of the losses caused to it if legal acts or the agreement do not provide other. Losses are implied as expenses which are made or shall be made by person whose right is violated, loss or injury of its property (actual damage), and also the uncollected income which this person would receive in case of usual conditions of turnover if its right was not violated (lost profit).

5. The losses caused to the citizen or the legal entity as a result of the publication of the act of public authority, other state body which is not corresponding to the legislation and also actions (failure to act) of officials of these bodies, are subject to compensation by the Republic of Kazakhstan or respectively administrative and territorial unit.

6. If occurrence of legal consequences of violation depends on guilt of the violator, his guilt is supposed, except cases when legal acts provide other.

Article 10. Protection of the rights of entrepreneurs and consumers

1. Entrepreneurship are the independent, initiative activities of citizens, kandas and legal entities directed to receipt of net income by use of property, production, sales of goods, performance of works, rendering services, based on the right of private property (private entrepreneurship) or on the right of economic maintaining or operational management of the state company (state entrepreneurship). Business activity is performed from name, for risk and under property responsibility of the entrepreneur.

2. The state guarantees freedom of business activity and provides its protection and support.

3. The rights of the entrepreneurs performing the activities which are not forbidden by the legislation are protected:

1) possibility of implementation of business activity without receipt of any permissions or the direction of notifications, except the permissions and notifications provided by the Law of the Republic of Kazakhstan "About permissions and notifications";

2) the simplest attendance order of registration of all types of entrepreneurship in all spheres of economy in one registering body;

3) restriction with legal acts of the checks of business activity performed by state bodies;

4) the forced termination of business activity only by a court decision, taken out on the basis provided by the legal act;

5) legal acts of the list of works, types of goods and services which are forbidden for private entrepreneurship are prohibited or limited to establishment for export or import;

6) involvement of state bodies, officials, and also other persons and the organizations to the property responsibility to entrepreneurs for illegal hindrance of their activities established by the legislation;

6-1) prohibition to the executive control and supervising bodies to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of these bodies;

7) other means, stipulated by the legislation.

4. Establishment of allowing or notifying procedure is made by the Law of the Republic of Kazakhstan "About permissions and notifications" depending on the level of danger of activities or action (transaction) for the purpose of protection of life and human health, the environment, property, ensuring national security and law and order.

The allowing procedure is established in cases if the requirements to products provided by the laws of the Republic of Kazakhstan, requirements for obligatory confirmation of conformity are insufficient for goal achievement of state regulation.

5. The trade (entrepreneurial) secret is protected by the law. Procedure for determination of the data which are trade secret, means of its protection, and also the list of data which shall not be part of trade secret are established by the legislation.

6. Consumer protection is provided with the means provided by this Code or other legal acts. Each consumer has, in particular, the right on:

free conclusion of contracts for purchase of goods, use of works and services;

proper quality and safety of goods (works, services);

complete and reliable information about goods (works, services);

consolidation in public organizations of consumers.

Article 11. Inadmissibility of abuse of freedom of enterprise

1. The monopolistic and any other activities directed to restriction or elimination of the legal competition, receipt of unreasonable benefits, infringement of the rights and legitimate interests of consumers are not allowed.

2. It is not allowed, except as specified, provided by legal acts, use by entrepreneurs of the civil laws for the purpose of competition restriction, including:

1) abuse of entrepreneurs of the dominant position in the market, in particular, by restriction or cessation of production or retirement of goods for creation of their deficit or price increase;

2) the conclusion and execution by persons performing similar business activity, agreements on the prices, the Section of the markets, elimination of other entrepreneurs and on other conditions significantly limiting the competition;

3) making of the unfair actions directed to infringement of legitimate interests of person conducting similar business activity and consumers (unfair competition), in particular, by introduction of consumers in delusion concerning the manufacturer, appointments, method and the place of production, quality and other properties of goods of other entrepreneur by incorrect comparison of goods in advertizing and other information, copyings of external design of someone else's goods and different ways. Measures for fight against unfair competition are established by legal acts.

Chapter 2. Subjects of the civil laws

§ 1. Citizens of the Republic of Kazakhstan and other physical persons
Article 12. Concept of physical person

Physical persons are understood as citizens of the Republic of Kazakhstan, citizens of other states, and also stateless persons. Provisions of this Chapter are applied to all physical persons if other is not established by this Code.

Article 13. Legal capacity of citizens

1. Capability have the civil laws and perform duties (civil legal capacity) is recognized equally for all citizens.

2. Legal capacity of the citizen arises at the time of its birth and stops death.

Article 14. Main content of legal capacity of the citizen

The citizen can have on the property right property, including foreign currency, both within the Republic of Kazakhstan, and behind its borders; inherit and bequeath property; to move freely on the territory of the republic and to choose the residence; to freely leave limits of the republic and to return to its territory; be engaged in any activities which are not forbidden by legal acts; create legal entities independently or with other citizens and legal entities; make any transactions which are not forbidden by legal acts and participate in obligations; have intellectual property right to inventions, works of science, literature and art, other results of intellectual activities; require compensation of material and moral harm; have other property and personal non-property rights.

Article 15. Name of the citizen

1. The citizen acquires and performs the rights and obligations under the name which includes surname and name, and also at will middle name.

2. Cases of anonymous acquisition of rights by citizens of the rights and implementation of obligations or use of pseudonym (fictitious name) can be provided by the legislation.

3. The name received by the citizen in case of the birth, and also change of name are subject to registration according to the procedure, established by the legislation on civil registration.

4. The citizen has the right to change the name according to the procedure, established by legal acts. Change of name is not the basis for the termination or change of its rights and obligations acquired under former name, anonymously or under pseudonym.

5. The citizen shall take necessary measures for the notice of the debtors and creditors on change of his name and bears risk of the consequences caused by absence in these persons of data on change of his name.

6. The citizen who changed the name having the right to require entering of corresponding changes into the documents processed to his former name.

7. Acquisition of rights and obligations under name of other person is not allowed.

8. The citizen has the right to require prohibition of use of his name when it was made without its consent, except the cases provided by the laws of the Republic of Kazakhstan.

9. The harm done to the citizen as a result of unauthorized use of his name is subject to compensation according to provisions of this Code. In case of misstatement or use of name of the citizen methods or in shape, affecting his honor, advantage and goodwill, apply rules, stipulated in Article 143 of this Code.

Article 16. Residence and legal address of the citizen

1. The residence that settlement where the citizen constantly or mainly lives is recognized.

2. The residence of persons which did not reach fourteen years (juveniles), or the citizens who are under guardianship the residence of their legal representatives is recognized.

3. The citizen has the legal address used in the relations with physical persons and legal entities, and also the state.

Legal address of the citizen the place of its registration is recognized.

The order of registration of citizens is determined by the Government of the Republic of Kazakhstan.

4. The citizen has the right to require prohibition of use of information on its residence or legal address when it was made without its consent, except the cases provided by the laws of the Republic of Kazakhstan.

Article 17. Capacity to act of citizens

1. The citizen's capability the actions to acquire and perform the civil laws, to create for itself civil obligations and to perform them (civil capacity to act) arises in full with occurrence of age of majority, that is on reaching eighteen-year age.

2. In case legal acts allow marriage before achievement of eighteen years, the citizen who did not reach eighteen-year age acquires capacity to act in full since marriage.

3. All citizens have equal capacity to act if other is not established by legal acts.

Article 18. Inadmissibility of deprivation and restriction of legal capacity and capacity to act

1. Nobody can be limited in legal capacity and capacity to act differently, as in the cases and procedure provided by legal acts.

2. Non-compliance with the conditions established by legal acts and procedure for restriction of legal capacity and capacity to act of citizens or their right to be engaged in business or other activity attracts invalidity of the act of the state or other body which set the corresponding restriction.

3. The complete or partial refusal of the citizen of legal capacity or capacity to act and other transactions directed to restriction of legal capacity or capacity to act are insignificant, except as specified, when such transactions are allowed by legal acts.

Article 19. Business activity of citizens

1. Citizens have the right to be engaged in business activity without formation of legal entity, except as specified, provided by this Code and other legal acts.

2. State registration of individual entrepreneurs consists in registration as the individual entrepreneur.

3. Rules of this Code which regulate activities of legal entities, being the commercial organizations respectively are applied to the business activity of citizens performed without formation of legal entity if other does not follow from the legislation or being of legal relationship.

4. Physical persons are subject to state registration as the individual entrepreneur according to the Entrepreneurial code of the Republic of Kazakhstan. 

4-1. No. 122-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 25.12.2017.

5. If the individual entrepreneur performs the activities which are subject to licensing, he shall have the license for the right of implementation of such activities.

The license is granted according to the procedure, established by the legislation of the Republic of Kazakhstan on permissions and notifications.

The government of the Republic of Kazakhstan has the right to establish the simplified procedure for issue of licenses to individual entrepreneurs.

Article 20. Property responsibility of the citizen

1. The citizen answers for the obligations all property belonging to him, except for property on which according to legal acts collection cannot be turned.

2.  No. 49-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 27.02.2017

Article 21. Bankruptcy of the individual entrepreneur

1. Insolvency of the individual entrepreneur (Article 52 of this Code) is the basis for recognition by his bankrupt.

2. Bankruptcy of the individual entrepreneur is recognized voluntary or forced procedure by the rules established by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy. From the date of the introduction in legal force of determination of court about completion of the procedure of bankruptcy of the individual entrepreneur its registration as the individual entrepreneur voids.

3. In case of application to the individual entrepreneur of insolvency proceedings his creditors according to the obligations which are not connected with business activity, having also the right to impose the requirements if completion date according to such obligations came. The requirements of the specified creditors which are not declared by them in such procedure and also requirements which were not met in full from the estate are valid and can be shown to collection after bankruptcy completion of the procedures to the debtor as to physical person. The size of these requirements decreases by the amount of the had satisfaction in the course of bankruptcy of the debtor.

Article 21-1. Rehabilitation procedures concerning the individual entrepreneur

Any measures which are not contradicting the legislation of the Republic of Kazakhstan directed to recovery of its solvency for the purpose of prevention of the termination of its business activity can be applied to the debtor registered as the individual entrepreneur.

These measures are implemented within the rehabilitation procedure which procedure and terms of implementation are determined by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.

Article 22. Capacity to act of minors aged from fourteen up to eighteen years

1. Minors aged from fourteen up to eighteen years make transactions with the consent of their legal representatives. The form of such consent shall correspond to form which is established by the legislation for the transaction made by the minor.

2. Minors aged from fourteen up to eighteen years have the right to dispose independently of the earnings, grant, other income and objects of intellectual property right created by them, and also to make small household transactions.

3. In the presence of good causes the court can limit or deprive of the minor right of the independent order the earnings, grant, other income and objects of intellectual property right created by it.

4. Minors aged from fourteen up to eighteen years independently bear responsibility according to the transactions made by them according to rules of this Article and bear responsibility for the harm done by their actions by rules of this Code.

Article 22-1. Announcement of the minor sui juris (emancipation)

1. The minor who reached sixteen years can be announced sui juris if he works according to the employment contract or with the consent of its legal
representatives is engaged in business activity.

2. The announcement of the minor sui juris (emancipation) is made according to the decision of guardianship and custody body with the consent of his legal representatives or in the absence of such consent by a court decision.

3. The emancipated minor has the civil laws and performs duties (including according to the obligations which arose owing to causing harm by him), except for those rights and obligations for which acquisition legal acts of the Republic of Kazakhstan establish the age qualification.

Legal representatives do not bear responsibility according to obligations of the emancipated minor.

Article 23. Capacity to act of minors aged up to fourteen years (juveniles)

1. For the minors who did not reach fourteen years (juveniles), transactions are made from their name by legal representatives if other is not provided by legal acts.

2. Minors aged up to fourteen years (juveniles) have the right to make independently only the small household transactions corresponding to their age performed in case of their making.

Article 24. The consent of guardianship and custody bodies to transactions by the minor and for the minor

Cases when on transaction by the minor and for the minor prior consent of guardianship and custody body is required can be established by legal acts.

Article 25. Right of minors to introduction of deposits to banks and order deposits

1. Minors have the right to make contributions to banks and to dispose independently of the contributions made by them.

2. Their parents or other legal representatives dispose of the contributions made by someone addressed to the minors which did not reach fourteen years (juveniles), and minors which reached fourteen years independently dispose of the contributions made by someone on their name.

Article 26. Recognition of the citizen incapacitated

1. The citizen who owing to mental disease or weak-mindedness cannot understand values of the actions or directs them, can be recognized as court incapacitated in this connection over it guardianship is established.

2. On behalf of the citizen recognized incapacitated transactions are made by his guardian.

3. In case of recovery or considerable improvement of health incapacitated the court recognizes it capable then from it trustee is removed.

Article 27. Legal incapacity of the citizen

1. The citizen who owing to abuse of gamblings, bet, alcoholic drinks or narcotic substances puts the family in difficult financial position can be limited by court in capacity to act according to the procedure, established by the Code of civil procedure of the Republic of Kazakhstan. Over it guardianship is established. He has the right to make small household transactions independently. Make other transactions, and also receive earnings, pension and other income and it can dispose of them only with the consent of the custodian.

2. In case of the termination by the citizen of abuse of gamblings, bet, alcoholic drinks or narcotic substances the court cancels restriction of his capacity to act. Based on the judgment the guardianship established over the citizen is cancelled.

Article 28. Recognition of the citizen is unknown absent

1. The citizen can be acknowledged according to the statement of interested persons as court is unknown absent if within one year in the place of his residence there is no information about him.

2. In case of impossibility to establish day of receipt of the last data about absent the beginning of unknown absence the first, following in what the last data about absent were received is considered, and in case of impossibility to establish this month - the first of January of the next year.

Article 29. Protection of property it is unknown absent

1. Over property of person, acknowledged it is unknown absent, based on the judgment guardianship is established. From this property content is issued to persons whom it is unknown absent owed contain, and the tax debt is repaid and to other obligations it is unknown absent.

2. According to the statement of interested persons the guardianship and custody body can appoint the guardian for protection and property administration and before the expiration of one year from the date of receipt of the last data on residence of the absent person.

Article 30. Cancellation of the decision on recognition it is unknown absent

In case of appearance or detection of residence of person, acknowledged it is unknown absent, the court cancels the decision on recognition it is unknown absent and about establishment of guardianship over its property.

Article 31. Announcement of the citizen dead

1. The citizen can be, according to the statement of interested persons, is announced by the court which died if in the place of his residence there is no information about him within three years and if he was missing under the circumstances threatening with death or giving the grounds to assume his death from accident, within six months.

2. The serviceman or the other person, missing in connection with military operations, can be declared the dead not earlier than after two years from the date of the end of military operations.

3. In the afternoon of death of person declared in the dead day of the introduction in legal force of the judgment about the announcement is considered his dead. In announcement cases to the dead of person, the missing person under the circumstances threatening with death or giving the grounds to assume his death from accident, the court can recognize as day of death of this person day of his expected death.

4. Based on the judgment which took legal effect about the announcement of person by the dead, makes record about his death in registers. Consequences of record are same, as well as records about the actual death.

Article 32. Consequences of appearance of person declared the dead

1. In case of appearance or detection of the place of stay of person declared the dead, the relevant decision is cancelled by court.

2. Irrespective of time of the appearance the citizen can demand from any face of return of the saved property which gratuitously passed to this person after the announcement of the citizen with the dead.

3. If the property of person declared the dead was alienated by his legal successor to the third parties who by the time of appearance of person did not pay completely purchase price, then passes right to claim of outstanding amount to been.

4. Persons to whom the property of the citizen declared the dead passed according to paid transactions shall return it this property, and in the absence of property at them to compensate its cost if it is proved that at the time of property acquisition they knew that the citizen declared the dead is in live.

5. The alienor of property knowing at the time of alienation that person declared the dead is in live performs duty of return, solidary with the acquirer, or cost recoveries of property.

6. If the property of person declared the dead passed on inheritance right to the state and was realized, then after cancellation of the decision on the announcement of person by the dead to it the sum realized from realization of property taking into account its market value on the date of payment returns.

§ 2. Legal entities

I. General provisions

Article 33. Concept of the legal entity

1. The legal entity the organization which has on the property right is recognized, (Article 188-194 of this Code) economic maintaining (Article 195-201 of this Code) or operational management (Article 202-208 of this Code) the isolated property also answers this property for the obligations, can acquire and perform on its own behalf the property and personal non-property rights and obligations, to be claimant and the defendant in court. The legal entity shall have separate balance or the estimate.

2. The legal entity has seal with the name. This requirement does not extend on legal entities who are subjects of private entrepreneurship, except as specified, provided by this Code and the laws of the Republic of Kazakhstan.

Article 34. Types and forms of legal entities

1. The organization which is pursuing commercialization as main objective of the activities (the commercial organization) or not having commercialization as such purpose and not distributing gained net income between participants (non-profit organization) can be the legal entity.

2. The legal entity, being the commercial organization, can be created only in the form of the state company, economic partnership, joint-stock company, production cooperative.

3. The legal entity, being non-profit organization, can be created in the form of organization, public association, joint-stock company, consumer cooperative, fund, religious consolidation and in other form provided by legal acts.

3-1. The legal entity, being non-profit organization and containing only at the expense of the government budget, can be created only in the form of public institution.

4. Legal entities can create associations (article 110 of this Code).

5. The legal entity acts on the basis of this Code, the law on each of forms of legal entities, other legal acts and constituent documents.

Article 35. Legal capacity of the legal entity

1. The legal entity can have the civil laws and perform the duties connected with its activities according to this Code. The commercial organizations, except for the state companies, can have the civil laws and perform the civil duties necessary for implementation of any, the types of activity which are not forbidden by legal acts or constituent documents.

In the cases provided by legal acts for the legal entities performing certain types of activity opportunity to be engaged in other activities can be excluded or limited.

The legal entity can be engaged in separate types of activity which list is determined by legal acts only based on the license.

2. Legal capacity of the legal entity arises at the time of its creation and stops at the time of completion of its liquidation. Legal capacity of the legal entity in field of activity on which occupation receipt of permission is necessary arises from the moment of receipt of such permission and stops at the time of its withdrawal, expiration or recognition invalid in the procedure established by legal acts of the Republic of Kazakhstan.

3. Legal capacity of the legal entity, being non-profit organization and containing only at the expense of the government budget (public institution), is determined by this Code and other legal acts of the Republic of Kazakhstan.

Article 36. The rights of founders (participants) to property of the legal entities created by them

1. Concerning the isolated property of the legal entity his founders (participants) can have the liability or corporeal rights.

2. Economic partnerships, joint-stock companies and cooperatives concern to legal entities on whose property their participants (founders) keep liability laws.

3. The organizations having property on the right of economic maintaining or the right of operational management treat legal entities on whose property their founders keep the property right or other corporeal right.

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