.png)
Place of Residence and Legal Address of a Citizen
🔷 I. GENERAL CHARACTERISTICS
Article 16 of the Civil Code of the Republic of Kazakhstan (CC RK) regulates two key institutions:
· place of residence of a citizen — the actual place of living;· legal address — the formalized location by which a person is registered in public and private relations.
This article is important for:
· establishing civil-law jurisdiction (court, civil registry office, notary);· proper identification of a subject in contracts and procedures;· applying rules related to the protection of personal data.
🔹 II. PLACE OF RESIDENCE (para. 1)
“The place of residence shall be recognized as the locality where a citizen permanently or predominantly resides.”
🔸 This definition covers:
· permanent residence (e.g., at the place of registration);· predominant residence (if a person actually lives in a different place that does not coincide with the registration).
📌 Example: A citizen is registered in Almaty, but has been living and working in Shymkent for 3 years. According to the meaning of the CC RK, his place of residence is Shymkent.
📌 Significance:
· for determining jurisdiction (see Art. 35 of the Civil Procedure Code of the RK);· for calculating periods of residence (e.g., when acquiring eligibility for benefits);· in inheritance, family, and alimony cases.
🔹 III. PLACE OF RESIDENCE OF MINORS AND WARDS (para. 2)
“The place of residence of minors or citizens under guardianship shall be recognized as the place of residence of their legal representatives.”
🔸 This provision is connected with:
· the inability of persons under 14 (as well as those under guardianship) to independently express will;· the necessity of parents/guardians to participate in their civil-law matters.
📌 Example: A child is registered with the mother in Karaganda, while the father resides in Astana. The child’s place of residence is Karaganda — the location of the legal representative.
🔹 IV. LEGAL ADDRESS (para. 3)
“A citizen shall have a legal address… The legal address is recognized as the place of registration.”
🔸 Difference from place of residence:
| Category | Meaning | Basis |
|---|---|---|
| Place of residence | Actual living place | May not coincide with registration |
| Legal address | Official registration in the Public Service Center (PSC) | Used in relations with authorities |
🔸 The Law of the RK “On Migration of the Population”:
· requires registration at the place of residence (permanent or temporary);· registration = legal address.
📌 Use of legal address:
· in banking contracts;· in court and notarial notifications;· in property and tax documentation.
🔹 V. PROTECTION OF INFORMATION ABOUT PLACE OF RESIDENCE (para. 4)
“A citizen has the right to demand prohibition of the use of information…”
🔸 This is an element of the right to privacy (see Art. 18 of the Constitution of the RK, Art. 145 of the CC RK).
🔸 Exceptions:
· Laws may directly provide for disclosure of the address (e.g., in the framework of criminal proceedings, upon request of a court, notary, or for search purposes);· The citizen’s consent is mandatory for disclosure of the address for public purposes (e.g., in the media, on the internet).
📌 Example: Using a citizen’s address in advertising mail without consent is a violation for which moral damages may be recovered (Art. 145 of the CC RK).
🔷 VI. JUDICIAL PRACTICE
🔸 Case 1: The court refused to accept a claim at the place of registration of the defendant (Atyrau), establishing that he permanently resides in Kostanay, where he works and rents housing. For jurisdiction purposes, Kostanay was recognized as the place of residence.
🔸 Case 2: A woman filed a claim for compensation for the publication of her place of residence in a newspaper without consent. The court recognized this as a violation of privacy and awarded moral damages.
🔷 VII. RELATED NORMS
| Norm | Content | Connection |
|---|---|---|
| CC RK, Arts. 13–15 | Legal capacity, name, address | Legal status of an individual |
| CC RK, Arts. 143–145 | Protection of honor, dignity, privacy | Use of name and address |
| CPC RK, Art. 35 | Jurisdiction by place of residence | Use in civil proceedings |
| Law “On Migration of the Population” | Registration of place of residence and temporary stay | Defines the legal address |
| Constitution RK, Art. 18 | Protection of private life, address, correspondence | Fundamental guarantee of privacy |
| Law “On Personal Data” | Processing and protection of address information | Direct regulation of confidentiality |
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
