Comments on article 329. Submission of an application for declaring a minor fully capable of the Civil Procedure Code of the Republic of Kazakhstan
1. A minor who has reached the age of sixteen may apply to the court at his place of residence with an application for declaring him fully capable in the case provided for in Article 22-1 of the Civil Code of the Republic of Kazakhstan.
2. An application for declaring a minor fully capable shall be accepted by the court in the absence of the consent of the parents (one of the parents), the adoptive parents (adoptive parent) or the trustee to declare the minor fully capable.
1. The main legal grounds for the emancipation of a minor are set out in Article 22-1 of the Civil Code. It follows from the meaning of the norms of this article that along with the desire of a minor who has reached the age of sixteen to emancipate, objective conditions are necessary, which include work under an employment contract or engaging in entrepreneurial activity by a minor with the consent of his legal representatives.Accordingly, the minor will be required to attach documents confirming his employment and business activities to the application. Such documents will include employment contracts, employment orders, written permits from legal representatives, salary certificates, documents confirming the minor's membership in a production cooperative, etc. It will be necessary to attach a document confirming that the minor has reached the age of sixteen (a copy of the birth certificate or a copy of the identity card).In order to comprehensively and correctly resolve the case, in accordance with the rights and legitimate interests of the minor, the court may find out the motives that guide and the goals pursued by a minor who has reached the age of sixteen by submitting an application for declaring him fully capable.
2. The condition for submitting an application to the court for declaring a minor fully capable is the absence of consent from the legal representatives of the minor. With their consent, judicial review of the minor's application is excluded. There may be a refusal by the guardianship and guardianship authority to declare a minor fully capable as a result of the refusal to emancipate the legal representatives of the minor as part of an administrative procedure.A minor should be able to refer in the application to the refusal of his legal representatives to emancipation without the attachment of documents confirming this circumstance. The position of the legal representatives will in any case be clarified during the trial. If there are written documents confirming the refusal of legal representatives, then the minor may additionally attach them. Only the minor himself has the right to file an application. This excludes the possibility of selfish motivations by the legal representatives of the minor to get rid of some of their legal obligations towards the minor.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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