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Declaration of a Minor as Fully Capable (Emancipation)
🔷 I. ESSENCE OF EMANCIPATION
Emancipation is the early acquisition of full civil legal capacity by a minor (under 18), if he or she:
· works under an employment contract, or· engages in entrepreneurial activity with the consent of parents.
🔹 Age threshold: from 16 years🔹 Basis: actual employment or business activity
Purpose: to legally recognize the adolescent’s economic independence as an adult and to release parents from property liability.
🔷 II. CONDITIONS FOR EMANCIPATION
| Condition | Explanation |
|---|---|
| 🔸 Age | Reaching 16 years |
| 🔸 Activity | Employment under a labor contract (Art. 30 of the Labor Code of the RK) or entrepreneurship (as an individual entrepreneur) |
| 🔸 Consent | Consent of legal representatives — required for the procedure through guardianship authority |
| 🔸 Authority | Formalized by the guardianship authority or by court decision if there is no parental consent |
📚 Related provisions:· Arts. 30 and 31 of the Labor Code of the RK — specifics of work from age 16;· Art. 19 of the Civil Code of the RK — entrepreneurship of citizens.
🔷 III. PROCEDURE FOR EMANCIPATION
🔹 1. Through guardianship authority (with parental consent)· Preparation of consent application;· Confirmation of employment / entrepreneurship;· Decision of the guardianship authority recognizing full legal capacity.
🔹 2. Through court (if parents disagree)· The minor files the application personally;· The court assesses:o presence of stable income;o awareness and maturity of behavior;o ability to take responsibility for oneself and one’s actions;· If the claim is granted — emancipation takes effect immediately.
📌 In both cases, a decision is issued that has the force of a legal fact confirming full capacity.
🔷 IV. LEGAL CONSEQUENCES OF EMANCIPATION
| Area | Consequence |
|---|---|
| 📜 Civil law | The emancipated minor may independently enter into all types of contracts |
| ⚖ Liability | Bears full property liability for obligations and harm caused |
| 🧾 Parents | Released from property liability for the minor |
| ❗ Exceptions | Some rights remain age-restricted: voting, military service, etc. |
📚 Related provisions:· Arts. 922, 925 of the Civil Code of the RK — liability for harm;· Constitution of the RK, Arts. 33, 36 — age restrictions on voting and military service.
🔷 V. EXAMPLES FROM JUDICIAL PRACTICE
🔹 Example 1: Astana, 2023A 17-year-old filed a claim in court to be recognized as fully capable, stating that he was registered as an individual entrepreneur in web design. Parents opposed. The court established stable income, an office lease agreement, and recognized the claimant as fully capable.
🔹 Example 2: Karaganda, 2021A 16-year-old girl worked as a waitress under an employment contract, with her parents’ consent. The guardianship authority recognized her full legal capacity, which allowed her to conclude a consumer contract in her own name.
🔷 VI. COMPARISON: EMANCIPATION vs Ordinary Legal Capacity
| Criterion | Emancipated | Adult (18+) |
|---|---|---|
| Age | From 16 | From 18 |
| Basis | Work / business | Fact of age |
| Parents | Released from liability | Not relevant |
| Right to vote, marry, serve in army | No | Yes |
🔷 VII. INTERNATIONAL COMPARISON
| Country | Features |
|---|---|
| 🇷🇺 Russia | Emancipation possible from 16 years (Art. 27 of the Civil Code of the RF) |
| 🇫🇷 France | From 16 years when employed and with court approval |
| 🇺🇸 USA | Rules vary by state — often from 16, if income and housing are available |
| 🇩🇪 Germany | No emancipation; strict age limit of 18 |
📌 All these models support the thesis: employment and economic independence may justify granting legal autonomy to a minor.
🔷 VIII. RELATED PROVISIONS
| Provision | Title |
|---|---|
| Civil Code of the RK: Arts. 17, 19, 22, 922–925 | General and limited capacity, liability |
| Family Code of the RK: Arts. 20, 126 | Rights of parents and guardians |
| Labor Code of the RK: Arts. 30, 31 | Work of minors |
| Administrative Code of the RK: Arts. 15, 442 | Liability of minors |
| Law “On the Rights of the Child in the RK” | Right to work, independence |
| Constitution of the RK | Age-based restrictions (voting, military service, etc.) |
🔷 IX. CONCLUSION
Emancipation is a progressive legal mechanism that makes it possible to:· protect the interests of adolescents who are actively working or engaged in business;· grant them legal independence;· relieve parents from property liability.
⚖ At the same time, age restrictions remain in force for participation in political, military, and other special activities.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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