Article 3. Civil legislation of the Republic of Kazakhstan Civil Code 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 this Code, other laws of the Republic of Kazakhstan adopted in accordance with it, decrees of the President of the Republic of Kazakhstan having the force of law, resolutions of Parliament, resolutions of the Senate and Mazhilis of Parliament (legislative acts), as well as decrees of the President of the Republic of Kazakhstan, resolutions of the Government of the Republic of Kazakhstan regulating the relations specified in paragraphs 1, 2 of Article 1 of this Code.

     2. In the event of a conflict between the norms of civil law contained in the acts of the legislation of the Republic of Kazakhstan, except those specified in paragraph 3 of Article 1 of this Code, the provisions of this Code shall apply to the provisions of this Code. The norms of civil law contained in the legislation of the Republic of Kazakhstan and contradicting the norms of this Code may be applied only after making appropriate amendments to the Code.

     The norms of the civil legislation of the Republic of Kazakhstan cannot contradict the basic principles of the civil legislation of the Republic of Kazakhstan.

     3. Relations related to the establishment, reorganization, bankruptcy and liquidation of banks and grain receiving enterprises, control over banking activities and its audit, control over the activities of grain receiving enterprises, licensing of certain types of banking operations, restructuring of banks, the onset of consequences of deprivation of bank licenses, operations with warehouse certificates of grain receiving enterprises, are regulated by this Code in part, does not contradict legislative acts, regulating banking activities and the activities of grain receiving enterprises.

     Relations between banks and their clients, as well as relations between clients through banks, are regulated by civil legislation in accordance with the procedure established by paragraph 2 of this article.

     4. Civil relations may be regulated by customs, including business practices, if they do not contradict the civil legislation in force in the territory of the Republic of Kazakhstan.

     5. Ministries and other central executive bodies, local representative and executive bodies may issue acts regulating civil relations in the cases and within the limits provided for by this Code and other acts of civil legislation.

     6. The rights of citizens and legal entities established by this Code and other legislative acts of the Republic of Kazakhstan may not be limited by acts of government bodies and local representative and executive bodies. Such acts are invalid from the moment of their adoption and should not be applied.

     7. Foreign individuals and legal entities, as well as stateless persons, have the right to acquire the same rights and are required to perform the same duties as provided for by civil legislation for citizens and legal entities of the Republic of Kazakhstan, unless otherwise provided by legislative acts.

     8. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in the civil legislation of the Republic of Kazakhstan, the rules of the said treaty shall apply. International treaties ratified by the Republic of Kazakhstan apply directly to civil relations, except in cases where it follows from an international treaty that a law is required for its application.

     The footnote. Article 3 as amended by Decree of the President of the Republic of Kazakhstan, which has the force of Law, No. 2447 dated 08/31/95; Laws of the Republic of Kazakhstan dated 03/02/1998 No. 211; dated 01/15/2001 No. 141; dated 04/29/2009 No. 154-IV (for the procedure of entry into force, see art. 2); dated 11.07.2009 No. 185 (effective from 30.08.2009); dated 25.03.2011 No. 421-IV (effective after ten calendar days after its first official publication); dated 02.07.2018 No. 168-VI (effective after ten calendar days from the date of its first official publication).

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