Comment to article 16. Place of residence of a citizen The Civil Code of the Republic of Kazakhstan
Clarifying a citizen's place of residence is of great legal importance, as it may entail certain legal consequences. Thus, a citizen may be recognized as missing or deceased in cases where there is no information about him at the citizen's place of residence for a certain period of time (Articles 28 and 31 of the Civil Code). Some obligations must be fulfilled at the creditor's place of residence (Article 281 of the Civil Code). The last place of residence of the testator is recognized as the place of opening the inheritance. A claim for the protection of the right is usually filed in court at the place of residence of the violator. There may be other legal consequences associated with determining a citizen's place of residence.
The concept of a settlement is disclosed in the Law of December 8, 1993 "On the administrative-territorial structure of the Republic of Kazakhstan". According to Article 2 of this Law, a locality is a part of a densely populated territory of the republic with a population of at least 50 people, registered and registered in accordance with the established procedure. Localities are divided into urban and rural areas. Urban settlements include cities and towns. Rural areas include all other localities (villages, villages, etc.).
Settlements with fewer than 50 people are included in the nearest settlement. The place of residence is freely chosen by the citizen. Free choice of place of residence is a constitutional right of a citizen. According to paragraph 1 of Article 21 of the Constitution of the Republic of Kazakhstan, everyone who is lawfully located on the territory of the Republic has the right to free movement and free choice of place of residence, except in cases stipulated by law.
Within the meaning of paragraph 1 of the commented article, a citizen cannot legally have two or more places of residence at the same time, even if the citizen actually lived in one or another locality. Therefore, the place of residence is considered to be the locality in which a citizen permanently or predominantly resides, regardless of his temporary absence from this locality.
Paragraph 2 of the commented article refers to the place of residence of persons under the age of 14 and persons under guardianship. The place of residence of these persons is called the necessary place of residence, since its choice does not depend on these persons.
Minors under the age of 14 and persons under guardianship are legally incompetent (Articles 23 and 26 of the Civil Code). Therefore, their place of residence is determined by the place of residence of their parents or guardians. If the parents of a person under the age of 14 live in different localities, then the place of residence of the person under the age of 14 is considered to be the place of residence of the parent with whom he actually lives.
If, in fact, a minor under the age of 14 or a person under guardianship lives outside the necessary place of residence, for example, a child lives with his grandmother and not with his parents, then legally the place of residence of persons under the age of 14 or under guardianship is their necessary place of residence.
Comments on The Civil Code The Code of Criminal Procedure The Criminal Code The Normative resolution of the Supreme Court The criminal legislation The normative 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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