Inadmissibility of Deprivation and Restriction of Legal Capacity and Capacity to Act

🔷 I. GENERAL CHARACTERISTICS

Article 18 of the Civil Code of the Republic of Kazakhstan establishes guarantees of a citizen’s personal freedom and legal personality derived from the constitutional principle of the inviolability of individual rights.

It includes:

• a prohibition on arbitrary restriction of legal capacity and capacity to act;

• requirements for the legality of actions of state and other bodies;

• recognition of the invalidity of transactions that contradict these principles.

🔹 II. RESTRICTION OF LEGAL CAPACITY AND CAPACITY TO ACT — ONLY BY LAW (para. 1)

"No one may be restricted in legal capacity or capacity to act otherwise than in cases and in the manner provided by legislative acts."

🔸 This means that:

• no authority, person, contract, charter, or internal regulation may deprive or restrict a person’s capacity to act without a direct provision of law;

• even a court may do so only in accordance with the procedure established by law.

📌 Examples of permissible restrictions:

• recognition of a citizen as having limited capacity under Article 22 of the Civil Code of the Republic of Kazakhstan (due to a mental disorder);

• temporary restriction on engaging in entrepreneurial activity by a court sentence (for example, prohibition from engaging in licensed activities).

📌 Example of an impermissible restriction:

• refusal to conclude a contract due to age or citizenship (if not provided by law).

📌 Related legislation:

• Constitution of the Republic of Kazakhstan, Articles 12, 14, 26;

• Law of the Republic of Kazakhstan “On the Rights and Guarantees of Persons with Disabilities”;

• Civil Procedure Code of the Republic of Kazakhstan — regarding recognition of incapacity.

🔹 III. INVALIDITY OF AN UNLAWFUL ACT (para. 2)

“…entails the invalidity of an act of a state or other body…”

🔸 Acts that restrict legal capacity or capacity to act without legal grounds:

• are legally void;

• may be challenged in court;

• do not produce legal consequences.

📌 Example from judicial practice:An authority refused to register a citizen’s business, referring to some “internal procedure.” The court declared the refusal invalid because it was not based on the law.

📌 Position of the Supreme Court of the Republic of Kazakhstan:If the restriction of rights does not arise from law or a court decision, it must be annulled through administrative or judicial procedures (see the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 1 of July 10, 1998 “On Certain Issues of the Application of the Civil Code of the Republic of Kazakhstan”).

🔹 IV. NULLITY OF TRANSACTIONS RESTRICTING LEGAL ENTITLEMENT (para. 3)

“…a citizen’s refusal of legal capacity or capacity to act, and other transactions… are null and void.”

🔸 This establishes a prohibition on voluntarily renouncing legal personality:

• a person cannot, by contract, renounce their civil rights or declare “I am legally incapable,” even if they voluntarily sign such a statement;

• such transactions are null and void — they are invalid from the moment of conclusion without the need to challenge them in court (see Article 157 of the Civil Code of the Republic of Kazakhstan).

📌 Examples of null transactions:

• an agreement under which a citizen renounces the right to inheritance entirely with the condition “I will never claim rights” — if it contradicts the law;

• an agreement between an employee and an employer under which the employee voluntarily renounces labor legal capacity or pension rights — such an agreement is invalid.

🔸 Exception — only if directly provided by law:

• delegation of certain powers by a power of attorney;

• restrictions within the framework of family, tax, or business law.

🔷 V. RELATED LEGAL PROVISIONS

🔷 VI. INTERNATIONAL NORMS

🔷 VII. CONCLUSION

Article 18 of the Civil Code of the Republic of Kazakhstan:

• protects citizens from arbitrary restriction of their legal capacity and capacity to act;

• guarantees that only law and the court may establish such restrictions;

• protects against abuses by both the state and private individuals;

• serves as a basis for assessing the legality of transactions and administrative acts. 

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