Article 157-1. General provisions on the consequences of the invalidity of the transaction of the Civil Code of the Republic of Kazakhstan
1. The claim for the application of the consequences of the invalidity of a void transaction may be submitted by the party to the transaction or the persons specified in paragraph 3 of Article 157 of this Code.
2. An invalid transaction does not entail legal consequences, except for those related to its invalidity, and is invalid from the moment of its commission, unless otherwise provided for by this Code, legislative acts of the Republic of Kazakhstan or follows from the substance or content of the transaction.
3. In case of invalidity of the transaction, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return in kind (including when the received is expressed in the use of property, work performed or services provided) – to reimburse the cost of the returned property, the cost of using the property, work performed or services rendered in money, if other consequences The invalidity of the transaction is not provided for by this Code or other legislative acts of the Republic of Kazakhstan.
4. The court may recover from the party responsible for the actions that caused the invalidity of the transaction in favor of the other party the losses incurred by the latter in connection with the recognition of the transaction as invalid.
5. If the transaction is aimed at achieving a criminal goal, the illegality of which is established by a court verdict (resolution), then if there is intent on both sides, everything received by them under the transaction or intended to be received is subject to confiscation by court decision or verdict. In case of execution of such a transaction by one party, everything received by it and everything owed by it under the transaction to the first party is subject to confiscation from the other party. If none of the parties has begun execution, everything provided for in the execution of the transaction is subject to confiscation.
6. If there is an intent to achieve a criminal goal, the illegality of which is established by a court verdict (resolution), only one of the parties has everything received by her under the transaction to be returned to the other party, and what was received by the latter or owed to her under the transaction is subject to confiscation.
7. Taking into account the specific circumstances, the court has the right not to apply partially or completely the consequences provided for in paragraphs 5 and 6 of this article regarding the confiscation of property received or to be received under an invalid transaction. In this part, the consequences provided for in paragraph 3 of this Article shall occur.
8. Recognizing the transaction as invalid, the court has the right, taking into account the specific circumstances, to limit itself to prohibiting its further execution.
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