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Effect of Civil Legislation Over Time
🔹 General Significance of the Article
Article 4 establishes a fundamental legal principle — the inadmissibility of retroactive effect of civil legislation, except in cases expressly provided for by law. This principle is aimed at ensuring the stability of civil legal relations, protecting the legitimate expectations of the parties, and guaranteeing legal certainty.
This principle also corresponds to international norms, in particular:
· Article 15 of the International Covenant on Civil and Political Rights (ICCPR) — prohibition of retroactive application of the law;· Article 1 of Protocol No. 1 to the ECHR — protection of property and legitimate expectations.
🔎 Commentary by Paragraphs
🔸 Paragraph 1. Principle of Non-retroactivity
“Acts of civil legislation shall not have retroactive effect and shall apply to relations arising after their entry into force...”
📌 Legal Meaning:
Civil law regulates only future legal relations arising after its entry into force, unless expressly stated otherwise in the law itself.
📎 Related Provisions:
· Article 74 of the Constitution of the Republic of Kazakhstan — judicial acts shall not be reviewed due to changes in legislation.· Law of the Republic of Kazakhstan “On Normative Legal Acts” (Article 37) — acts have no retroactive effect, except in cases of mitigation of liability.
🧑⚖️ Judicial Practice:
In case No. 2-1013/2021 (North Kazakhstan region), the court refused to apply a new law establishing different rules for the registration of share transactions to a contract concluded in 2020, since the amendments entered into force later.
⚖️ Exception:
Retroactive effect is permissible only if expressly provided for in the act itself. For example, in the transitional provisions of a law.
📌 Example:In the Law “On Restoration of Solvency and Bankruptcy of Citizens” (when introducing the institution of personal bankruptcy), it was specifically stated that the provisions apply to currently insolvent persons, even if debts had arisen earlier.
🔸 Paragraph 2. Transitional Rules
“With respect to relations that arose before the entry into force of the act... it applies to rights and obligations arising after its entry into force...”
📌 Legal Meaning:
· The law does not apply to legal relations fully completed before its entry into force.· However, it may regulate new rights and obligations arising within already existing legal relations (for example, under a long-term contract).
🧑⚖️ Example from Practice:
A lease agreement was concluded in 2022 for 5 years. In 2024, a new law was enacted clarifying mandatory terms of the contract. These new requirements do not apply to the already concluded agreement (relations arose earlier). However, they may apply to additional agreements signed after the law entered into force.
📎 Related Provisions:
· Article 383 of the Civil Code of the RK (see below)· Article 377 of the Civil Code of the RK — “modification of obligations” by agreement of the parties· Law “On Normative Legal Acts,” Article 38 — transitional provisions
📌 Connection with Article 383 of the Civil Code of the RK:
Article 383 provides that in case of changes in legislation, the contract remains valid in the version in force at the time of its conclusion, unless the parties have agreed otherwise.
📎 This is important for compliance with the principle pacta sunt servanda — a contract must be observed under the conditions under which it was concluded.
📌 Example:If the parties concluded a supply contract in 2021 under the old VAT regime, and in 2023 the tax legislation changed, supplies made in 2021–2022 are taxed under the old rules, while from 2023 the new rules apply (to new supplies, unless otherwise agreed).
🌍 Consistency with International Principles
The principle of temporal effect of the law is enshrined in:
· Constitution of the Republic of Kazakhstan, Articles 4 and 74· ICCPR, Article 15 — prohibition of retroactive effect of the law· European Convention on Human Rights, Article 7· Judgments of the ECtHR, which often emphasize the protection of “legitimate expectations” of the parties
🧩 Practical Significance for Legal Practice
- A new law cannot be applied to a contract concluded earlier, unless it expressly provides for automatic modification of terms.
- Retroactive effect is permissible only if expressly stated (for example, in a law on decriminalization or amnesty mitigating consequences).
- Judicial acts that have entered into force cannot be reviewed on the basis of new norms (see Resolution of the Supreme Court of the RK dated November 16, 2001 No. 18 “On Certain Issues of Application of Civil Code Norms”).
✅ Conclusion
Article 4 of the Civil Code of the Republic of Kazakhstan:· Implements the fundamental principle of legal certainty.· Guarantees the inviolability of previously established civil relations.· Regulates the clear procedure for applying new laws to previously concluded contracts.
Attention!
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