Commentary to article 145. The right to your own image  The Civil Code of the Republic of Kazakhstan  

The appearance of this article is related, in particular, to numerous cases in the past when photographs of so-called "hares" were posted, that is, passengers traveling in public transport without a ticket. Images of citizens who had committed other similar minor offenses could also be placed for public viewing. Being not regulated by law, such situations actually represented violations of the personal rights of citizens.

Therefore, the imperative requirement of the commented article is justified that it is impossible to use the image of any person without his consent, which is not required if the depicted person posed for a fee. The second exception established by this article is aimed at ensuring that the publication of an image of a person can take place only if there are grounds established by law.

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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.