Main Content of a Citizen’s Legal Capacity

🔷 I. GENERAL CHARACTERISTICS

Article 14 of the Civil Code of the Republic of Kazakhstan (hereinafter — the Civil Code of the RK) defines the scope and content of a citizen’s legal capacity, that is, the list of civil rights that any individual may possess. These rights are a natural extension of the recognition of legal capacity (Article 13 of the Civil Code of the RK) and do not depend on the person’s capacity to act.

🔹 II. TYPES OF RIGHTS CONSTITUTING LEGAL CAPACITY

Below is an analysis of the key rights specified in the article:

1. 🏠 Right of Ownership (including abroad)

“...including foreign currency, both within the Republic of Kazakhstan and beyond its borders...”

🔸 Confirms the principle of full property autonomy of the individual.🔸 Related provisions:

• Articles 192–196 of the Civil Code of the RK — right of ownership;

• Article 26 of the Constitution of the RK — protection of private property;

• Restrictions may be established, for example, by the Law “On Combating Corruption” (e.g., prohibition for public officials to own real estate abroad).

📌 Example: A citizen of Kazakhstan may own accounts in foreign banks and an apartment in France, provided that legal restrictions are not violated.

2. ⚖️ Inheritance and Testamentary Disposition

“...to inherit and bequeath property...”

🔸 Related provisions:

• Articles 1045–1115 of the Civil Code of the RK — inheritance law;

• A person may act both as an heir and as a testator.

📌 Example: Any citizen has the right to make a will regarding all or part of their property in favor of an individual or a legal entity.

3. 🚶‍♂️ Freedom of Movement and Choice of Residence

“...to move freely... to choose a place of residence...”

🔸 Guaranteed by Article 21 of the Constitution of the RK;🔸 Related to the registration regime (see the Law “On Migration of Population”);🔸 May be restricted in cases of:

• a state of emergency,

• quarantine,

• criminal penalties (restriction of liberty, suspended sentence).

📌 Example: A person may freely relocate to another region of Kazakhstan without permission but must register at the new place of residence.

4. ✈️ Right to Leave and Return to Kazakhstan

“...to freely leave the Republic and return...”

🔸 A constitutional right (Article 21 of the Constitution of the RK);🔸 May be restricted by law for:

• persons with access to state secrets (Law “On State Secrets”);

• debtors in enforcement proceedings (Law “On Enforcement Proceedings and the Status of Bailiffs”).

📌 Example: A person with alimony arrears may be temporarily restricted from leaving the country by court decision.

5. 🧑‍💼 Engagement in Any Lawful Activity

“...any activity not prohibited by legislative acts...”

🔸 Reflects the general principle of private law: “everything which is not prohibited is permitted.”

📌 Example: Opening a coffee shop, blogging, tutoring, online trading — all are permitted provided legal requirements (e.g., tax and sanitary regulations) are observed.

6. 🏢 Establishment of Legal Entities

“...independently or jointly with other citizens...”

🔸 The right to organize entrepreneurial or non-commercial activities:

• as an individual entrepreneur, limited liability partnership, joint-stock company, public association, etc.

📌 Example: Two citizens of Kazakhstan may jointly establish a limited liability partnership for electronics repair, regardless of kinship or other relations.

7. 📑 Freedom of Transactions and Participation in Obligations

“...any transactions not prohibited by law...”

🔸 Expands the principle of freedom of contract (Article 380 of the Civil Code of the RK);🔸 Transactions include:

• sale and purchase,

• lease,

• loans,

• suretyship, etc.

📌 Example: A citizen may sell a car, lease residential property, or execute a deed of gift.

8. 🎨 Right to Intellectual Property

“...to inventions, works, and other results of intellectual activity...”

🔸 Related provisions:

• Articles 962–1113 of the Civil Code of the RK — intellectual property rights;

• Laws of the RK “On Copyright and Related Rights,” “On Patents,” “On Trademarks,” etc.

📌 Example: The author of a musical work has the right to claim royalties and prohibit its use without consent.

9. 💰 Right to Compensation for Damage (Material and Moral)

“...to claim compensation...”

🔸 Related articles:

• Articles 951–960 of the Civil Code of the RK — compensation for damage;

• Article 952 — compensation for moral harm.

📌 Example: If a publication in the media damages a citizen’s reputation, they may claim both moral compensation and pecuniary damages.

10. 🛡️ Other Property and Personal Non-Property Rights

“...other...” — an open-ended formulation allowing for broad interpretation:

✅ Right to a name (Article 15 of the Civil Code of the RK);✅ Right to protection of honor and dignity (Articles 143–145 of the Civil Code of the RK);✅ Right to privacy;✅ Right to judicial protection (Article 13 of the Constitution of the RK).

🔷 III. INTERNATIONAL STANDARDS

🔷 IV. CONCLUSION

Article 14 of the Civil Code of the RK:

• represents a catalog of fundamental civil rights;

• implements the principles of private law — autonomy of will, freedom to dispose of property, and freedom of creativity;

• contains an open formula allowing adaptation to new realities (digital rights, e-commerce, etc.). 

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• 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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