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Article 45. Civil procedural capacity of the Civil Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 45. Civil procedural capacity of the Civil Procedure Code of the Republic of Kazakhstan

     1. The ability to independently exercise their rights and perform their duties in court (civil procedural capacity) belongs in full to citizens who have reached the age of eighteen, legal entities.

     2. The rights, freedoms and legitimate interests of minors between the ages of fourteen and eighteen, as well as citizens recognized as having limited legal capacity, are protected in court by their parents or other legal representatives. The court is obliged to involve minors themselves or citizens recognized as having limited legal capacity in such cases. At the request of the legal representatives of minors or citizens recognized as having limited legal capacity, the court may involve a prosecutor in the case.

     3. The rights, freedoms and legitimate interests of minors under the age of fourteen, as well as citizens declared legally incompetent, are protected in court by their legal representatives, the prosecutor.

     4. In cases provided for by law, in cases arising from civil, family, labor, cooperative and other legal relations and from transactions related to the disposal of earnings or income from entrepreneurial activities, minors between the ages of fourteen and eighteen have the right to personally defend their rights and legitimate interests in court.

     5. Minors who are emancipated on the grounds provided for by law acquire full procedural capacity from the moment of emancipation.

     6. The court has the right, at its discretion, to involve legal representatives of minors specified in parts four and five of this article in cases to assist them.

 

  

  

President    

Republic of Kazakhstan     

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