Comment to Article 1. Relations regulated by the civil legislation of the Civil Code of the Republic of Kazakhstan
Relations regulated by civil law, as a general rule, differ in two essential features:
a) they are of a property nature, i.e. they are related to the acquisition of any property, its use or transfer to other persons, compensation for property damage, etc. Paragraph 1 of the commented article speaks about commodity-money relations, but the subject of civil law regulation is not limited to such relations, since it covers some other property relations, arising, for example, during inheritance or donation;
b) their participants are not subordinate to each other in terms of management and other administrative vertical, which happens in some other property relations, for example, tax. Civil law relations differ in that none of the participants has the right to force their will on another participant. Therefore, common issues in which each of them is interested can be resolved only on the basis of mutual agreement.
Civil legislation also regulates personal relations of a non-property nature, which serve as prerequisites for property relations or arise from them. Thus, writing a literary work by someone generates non-proprietary authorship rights. However, the author has the right, for a fee, to provide other persons with the opportunity to use the work he wrote, in particular, by allowing it to be translated into another language, converted into a play or screenplay, etc.
Finally, civil legislation regulates personal non-property relations that are not directly related to property relations. These include, for example, the right to a name, to one's own image, to the inviolability of honor and dignity, to the protection of privacy, etc. Here, the main importance of civil legislation is not to determine the content of such relations (it is enough to recognize their inviolability), but to develop means of their protection inherent in civil law. A more detailed description of personal non-property relations, both related to property and not related to them, is contained in many subsequent articles of the Civil Code and in the comments to them.
The concept and legal characteristics of subjects acting as participants in relations regulated by civil law are set out in Chapter 2 of the Civil Code and the comments to its articles.
Family, labor, natural resource (including land, water, forest), and environmental legislation have become independent branches of law, the norms of which, regulating family, labor, and other relations mentioned here, respectively, prevail in the event of discrepancies between them and civil legislation. However, if the norms of other legislative acts differ from the norms of the Civil Code, the norms of the Code prevail (see paragraph 2 of Article 3 of the Civil Code).
Finally, there is a group of property relations to which civil legislation, as a rule, does not apply at all. These are vertical property relations in which one of the participants is under the authority of another participant (taxes, mandatory fees, budget). For such relations, the norms of civil legislation are applicable only when tax, budget, and similar legislation directly refers to them.
The Civil Code, the Code of Criminal Procedure, the Criminal Code, Comments, the Code of Criminal Procedure, the Normative Resolution of the Supreme Court, Criminal legislation, Regulatory legal acts of the Republic of Kazakhstan
The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan (Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
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