Article 62. Legal representatives of the Civil Procedure Code of the Republic of Kazakhstan

     1. The rights, freedoms, and legitimate interests of incapacitated citizens, minors, and persons recognized by the court as having limited legal capacity are protected in court by their parents, adoptive parents, guardians, foster carers, foster carers, or other persons replacing them, who submit documents certifying their authority to the court.

     2. In a case in which a citizen who is recognized as missing in accordance with the established procedure must participate, the person who exercises custody of the property of the missing citizen acts as his representative.

     3. In a case in which the heir of a person who has died or has been declared deceased in accordance with the procedure established by law, if the inheritance has not yet been accepted by anyone, the person to whom the inheritance property has been transferred to the trust management acts as the heir's representative.

     4. Legal representatives shall perform on behalf of the represented all procedural actions, the right to perform which belongs to the represented, subject to the restrictions provided by law. Legal representatives may assign another representative to handle the case in court.

     The legal representative of a minor, a person recognized as legally incompetent, or a person recognized as missing in court, performs all procedural actions in the interests of the represented person when considering disputes involving the property of the ward.

     The legal representative of a minor, a person recognized as having limited legal capacity, performs independently, in the interests of this person, all procedural actions in the consideration of cases, the subject of which are obligations arising from the scope of limited rights. In other disputes, a person with limited legal capacity performs procedural actions and carries out procedural duties independently.

     5. Legal representatives and representatives on behalf are not entitled to perform procedural actions in their own interests or contrary to the interests of the represented.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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