Article 9. Protection of civil rights The Civil Code of the Republic of Kazakhstan
1. The protection of civil rights is carried out by a court or arbitration by: recognizing rights; restoring the situation that existed before the violation of the right; suppressing actions that violate the right or threaten to violate it; awarding duties in kind; collecting damages, penalties; declaring the disputed transaction invalid and applying the consequences of its invalidity, applying the consequences of the invalidity of a void transaction; compensation for moral damage; termination or change of legal relations; invalidation or non-enforceability of an act of a public administration body or a local representative or executive body that does not comply with the legislation of the Republic of Kazakhstan; collection of a fine from a state body or official for obstructing a citizen or a legal entity in acquiring or exercising a right, as well as by other means provided for by legislative acts of the Republic of Kazakhstan.
Legal entities do not have the right to compensation for moral damage.
The protection of civil rights through compensation for moral damage caused to a consumer as a result of violation of his rights and legitimate interests provided for by the legislation of the Republic of Kazakhstan on consumer rights protection may be carried out by subjects of pre-trial settlement of consumer disputes.
2. An appeal for protection of a violated right to an authority or management body does not prevent a claim for protection of the right from being filed in court, unless otherwise provided by legislative acts.
3. In cases specifically provided for by legislative acts, the protection of civil rights may be carried out by direct actual or legal actions of a person whose right has been violated (self-defense).
4. A person whose right has been violated may demand full compensation for the losses caused to him, unless otherwise provided by legislative acts or a contract.
Losses mean expenses that are incurred or should be incurred by a person whose right has been violated, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost profits).
5. Losses caused to a citizen or a legal entity as a result of the issuance of an act of a state authority or other state body that does not comply with the legislation, as well as by the actions (inaction) of officials of these bodies, are subject to compensation by the Republic of Kazakhstan or, accordingly,
an administrative-territorial unit.
6. If the occurrence of the legal consequences of a violation depends on the guilt of the violator, his guilt is assumed, except in cases where legislative acts provide otherwise.
The footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 07/03/2013 No. 125-V (effective after ten calendar days after its first official publication); dated 04/08/2016 No. 489-V (effective after ten calendar days after the date of its first official publication); dated 02/27/2017 No. 49-VI (effective upon the expiration of ten calendar days after the date of its first official publication); dated 06/25/2020 No. 346-VI (effective upon the expiration of ten calendar days after the date of its first official publication).
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
