Citizen’s Name

🔷 I. GENERAL CHARACTERISTICS

A citizen’s name is the primary identifier of an individual in civil circulation. It is necessary for:

· participation in transactions;· protection of rights;· identification in official documents;· ensuring the stability of legal relations.

A name includes:✅ surname,✅ given name,✅ optionally — patronymic (which is especially important for the legal order of Kazakhstan).

🔹 II. RIGHT TO A NAME (para. 1)

“A citizen acquires and exercises rights and obligations under his or her own name…”

🔸 A name is an element of personal non-property rights; it is inalienable and protected by law (see Articles 143 and 145 of the Civil Code of the Republic of Kazakhstan).

📌 Example: When concluding a sale and purchase agreement, a citizen must indicate his or her real full name; signing documents under another person’s name is impermissible.

🔹 III. ANONYMITY AND PSEUDONYM (para. 2)

“The law may provide for the anonymous acquisition of rights or the use of a pseudonym.”

🔸 Anonymity or a pseudonym is permissible if it:

· is allowed by law (for example, journalistic activity, publications, literary creativity);· does not result in identity substitution or violation of the rights of third parties.

📌 Example: A writer publishes a novel under a pseudonym—this is lawful. However, using another person’s name is prohibited (see para. 7).

🔹 IV. REGISTRATION AND CHANGE OF NAME (paras. 3–4)

🔸 A name is subject to registration through civil registry offices in accordance with the Law of the Republic of Kazakhstan “On Marriage (Matrimony) and Family.”

🔸 A citizen has the right to change his or her name:

· upon reaching the age of 16 (with parental consent);· at any time in adulthood;· by submitting an application to a Public Service Center (PSC).

A change of name does not terminate previously acquired rights and obligations (the principle of legal continuity).

📌 Example: A woman who changes her surname after marriage retains all property and obligation rights acquired prior to the change.

🔹 V. DUTY TO NOTIFY (para. 5)

🔸 A person who has changed his or her name must independently notify:

· creditors;· debtors;· counterparties.

🔸 Otherwise, the person bears the risk of legal consequences (for example, difficulty in performing an obligation due to the inability to identify the party).

📌 Example: A citizen took out a loan under a former name and did not notify the bank—this may complicate repayment and result in arrears.

🔹 VI. RIGHT TO AMEND DOCUMENTS (para. 6)

🔸 A citizen who has changed his or her name may demand:

· reissuance of passports and identity documents;· внесение changes to title documents;· correction of banking, employment, and other records.

📌 This right is exercised through an administrative procedure (the Law “On Identity Documents” and the Rules for Registration of Civil Status Acts).

🔹 VII. PROHIBITION ON USING ANOTHER PERSON’S NAME (para. 7)

“Acquiring rights and obligations under the name of another person is not permitted.”

🔸 Violation of this rule may be qualified as:

· self-help or fraud (Criminal Code of the Republic of Kazakhstan, Article 190);· a civil offense entailing recognition of a transaction as invalid (Civil Code of the Republic of Kazakhstan, Article 159).

📌 Example: Executing a lease agreement using another person’s passport constitutes an invalid transaction.

🔹 VIII. PROTECTION OF THE NAME (paras. 8–9)

🔸 Protection against use of a name without consent:

· Permitted:o in official documents;o for scientific, literary, and educational purposes (in compliance with the law);

· Not permitted:o in advertising without authorization;o in a defamatory or discrediting context.

📌 Example: Using the name of a well-known athlete in advertising without consent constitutes a violation.

🔸 Compensation for harm (para. 9):

· moral and property liability is предусмотрена (see Articles 145 and 951 of the Civil Code of the Republic of Kazakhstan);· if distortion of a name causes harm to business reputation, honor, or dignity—Article 143 of the Civil Code of the Republic of Kazakhstan applies (protection of non-material benefits).

📌 Example: Mass media mistakenly identify a citizen as a participant in a scandal due to confusion with a namesake—this gives rise to a right to compensation.

🔷 IX. RELATED NORMS AND LAWS

🔷 X. CONCLUSION

Article 15 of the Civil Code of the Republic of Kazakhstan:

· defines the right to a name as an element of an individual’s legal status;· protects against abuse, unlawful appropriation, and distortion of a name;· serves as the foundation of personal identity in the legal space.

This is one of the most important provisions on personal non-property rights, guaranteeing a citizen stable legal identity and the ability to participate fully in civil circulation.

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