Commentary to article 27. Limitation of a citizen's legal capacity The Civil Code of the Republic of Kazakhstan
Systematic drunkenness, as well as drug addiction, which leads to a difficult financial situation for the family of a citizen who abuses alcohol or drugs, serves as an independent basis for limiting his legal capacity. Isolated cases of drunkenness or drug use may not entail restrictions on a citizen's legal capacity, although they may be grounds for prosecution in cases where such liability is provided for by law.
In order to limit the legal capacity of a citizen in the cases provided for in the commented article, the number of members of his family does not matter. It is important that as a result of alcohol or drug abuse, a citizen puts a family in a difficult financial situation. This may be due to the use of a citizen's income not for the needs of the family, or the use of property to purchase alcoholic beverages or drugs. The difficult financial situation of the family should be causally related to the fact of alcohol or drug abuse.
To limit the legal capacity of a citizen who abuses alcohol or drugs, it is essential that the citizen's family gets into a difficult financial situation. If he does not have a family, but puts only himself in a difficult financial situation, then this is not a reason to limit his legal capacity.
The difficult financial situation of a family of a citizen who abuses alcoholic beverages or drugs should be understood as a significant decrease in its standard of living, as well as the impossibility of a significant increase in this level due to these abuses.
The question of whether a citizen's family has been placed in a difficult financial situation and whether this family situation is related to the facts of alcohol or drug abuse by a citizen is decided by the court.
Cases of restriction of a citizen's legal capacity due to the abuse of alcoholic beverages or drugs are considered by the court in accordance with the procedure of special judicial proceedings defined by Chapter 29 of the CPC (Articles 255-259).
Guardianship is established over a citizen recognized by a court as having limited legal capacity (Article 121 of the KBS).
Persons recognized by the court as having limited legal capacity due to alcohol or drug abuse have the right to make all transactions except for small household ones, as well as receive wages, scholarships, pensions or other types of income and dispose of them only with the consent of the trustee. The trustee's consent to the transactions specified in art. 134 of the KBS can be given only with the permission of the guardianship and guardianship authorities (see art. 135 of the KBS).
Minor household transactions, including those that are not executed at the time of their commission, are subject to limited legal capacity by citizens on their own, i.e. without the consent of the trustee.
The procedure for lifting restrictions on a citizen's legal capacity upon termination of alcohol and drug abuse is defined in art. 260 of the CPC.
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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.
