Fundamental Principles of Civil Legislation

📘 GENERAL CHARACTERISTICS

Article 2 of the Civil Code of the Republic of Kazakhstan establishes the fundamental principles of civil legislation — the so-called basic principles of private law. These principles have a supra-sectoral nature, serve as tools for interpreting legal norms, and provide the basis for determining whether actions and transactions are lawful or unlawful.

📑 CLAUSE-BY-CLAUSE ANALYSIS

🔹 Clause 1. Fundamental Principles

"Civil legislation is based on the recognition of equality of participants, freedom of contract, inadmissibility of interference, restoration of violated rights..."

🔍 List of Principles:

1. Recognition of Equality of Participants✔ All entities (individuals, legal entities, and the state) are equal before the law.📎 Example: when the state concludes a lease agreement, it acts as an equal party rather than as an authority exercising public power.

2. Inviolability of Property✔ Property cannot be seized otherwise than by a court decision and in cases provided by law (Article 26 of the Constitution of the Republic of Kazakhstan, Article 188 of the Civil Code).📎 Example: the withdrawal of a land plot for state needs is possible only in accordance with the law and with compensation.

3. Freedom of Contract✔ Parties are free to choose their contractual partner, determine the terms of the contract, and may even refuse to conclude a contract (Articles 380–381 of the Civil Code of the Republic of Kazakhstan).📎 See also: Clause 2 of this Article.

4. Inadmissibility of Arbitrary Interference✔ Government bodies and third parties may not interfere in private relations without legal grounds.

5. Unhindered Exercise of Rights✔ Persons may freely exercise their rights within the limits established by law (Articles 8–9 of the Civil Code of the Republic of Kazakhstan).❗ Abuse of rights is prohibited.

6. Restoration of Violated Rights and Judicial Protection✔ Ensures the effective restoration of rights, including compensation, return of property, and annulment of unlawful acts (Article 9 of the Civil Code, Article 13 of the Constitution of the Republic of Kazakhstan).

🔹 Clause 2. Principle of Dispositivity and Autonomy of Will

"Citizens and legal entities acquire rights and waive them by their own will..."

✅ MAIN PROVISIONS:

• Autonomy of will — subjects are free to determine their rights and obligations;

• Principle of dispositivity — legal norms are recommendatory unless otherwise specified by law;

• Limitations — only in cases directly provided by law (for example, mandatory conditions of an employment contract).

📎 Example from practice:

Parties to a supply agreement may include any conditions that do not contradict the law — for example, penalties that exceed the minimum level established by legislation.

🔹 Clause 3. Principle of Free Movement of Goods, Services, and Money

"...freely move and circulate throughout the entire territory of the Republic of Kazakhstan..."

📌 Purpose:

• Ensuring a unified economic space;

• Protecting domestic trade and free competition;

• Restrictions may be introduced only within the limits of the law for the following reasons:

  • national security;

  • environmental or sanitary protection;

  • protection of cultural values.

📎 Example:

A temporary ban on the export of certain goods (for example, grain or gasoline) may be introduced by a Government resolution, but it must be justified and must not unreasonably violate the principle of free circulation of goods.

⚖️ JUDICIAL PRACTICE

📍 Case No. 2-2126/2021, Almaty

The plaintiff challenged the actions of the akimat, which concluded a lease agreement without a tender.The court indicated that the principle of equality of participants was violated because the state failed to comply with the principle of free competition arising from the equality of participants in civil relations (Clause 1, Article 2 of the Civil Code).

📍 Case No. 3-456/2022, Karaganda

The defendant refused to perform the contract unilaterally.The court stated that freedom of contract does not imply an arbitrary refusal to perform — this is allowed only if provided for by law or by the contract.

📚 RELATED LEGAL PROVISIONS

🌍 INTERNATIONAL CORRESPONDENCE

✅ CONCLUSION

Article 2 of the Civil Code of the Republic of Kazakhstan codifies the principles of private law and forms the basis:

• for the interpretation and application of all norms of civil legislation;

• for assessing the legality of the conduct of participants in civil circulation;

• for judicial protection of rights, including through the application of analogy of law and analogy of law principles.

🔹 It emphasizes the priority of self-regulation, autonomy of will, and freedom of private persons, limited only by public order and the protection of weaker parties (such as consumers or minors).

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. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases