The Concept of a Natural Person
🔷 I. GENERAL CHARACTERISTICS
Article 12 of the Civil Code of the Republic of Kazakhstan establishes a universal definition of a “natural person” within the context of civil legislation. This provision serves as the starting point for the entire system of private-law relations involving individuals.
🔹 II. THE CONCEPT OF A “NATURAL PERSON”
🔸 Includes:
Citizens of the Republic of Kazakhstan;
Foreign citizens (citizens of other states);
Stateless persons.
📌 This means that a person’s legal status in civil law does not depend on citizenship — reflecting the principle of equality of participants in civil legal relations (Article 2 of the Civil Code of the Republic of Kazakhstan).
📌 Example: A citizen of Uzbekistan temporarily residing in Kazakhstan may conclude a lease agreement for an apartment or register as an individual entrepreneur on the same grounds as a citizen of Kazakhstan, unless otherwise provided by law.
🔹 III. APPLICABILITY OF THE CHAPTER PROVISIONS
“The provisions of this Chapter shall apply to all natural persons…”
🔸 This means that the norms on legal capacity, capacity to act, registration, protection of honor and dignity, and others apply equally to all categories of natural persons, unless otherwise established by law.
📌 Example of an exception: Foreigners and stateless persons are not entitled to own agricultural land in Kazakhstan (Article 26 of the Constitution of the Republic of Kazakhstan; the Law “On Land” — restrictions on land ownership).
🔹 IV. RELATED LEGAL CATEGORIES
| Category | Article of the Civil Code | Commentary |
|---|---|---|
| Legal capacity | Art. 13 | Arises from the moment of birth |
| Capacity to act | Art. 17 | Fully arises at the age of 18 (or earlier in case of emancipation) |
| Place of residence | Art. 16 | Important for concluding transactions and determining jurisdiction |
| Name | Art. 15 | A personal non-property right |
📌 Example: A legally capable natural person has the right to independently conclude transactions, conduct business activities, and bear property liability.
🔹 V. STATUS OF FOREIGNERS AND STATELESS PERSONS
🔸 According to Article 4 of the Law “On the Legal Status of Foreigners in the Republic of Kazakhstan”:
• Foreigners in Kazakhstan enjoy civil rights on an equal basis with citizens of Kazakhstan, unless otherwise provided by law.
🔸 The status of stateless persons is regulated by:
• The Law of the Republic of Kazakhstan “On Citizenship”;• The 1954 Convention Relating to the Status of Stateless Persons — Kazakhstan is a party to it.
🔹 VI. INTERNATIONAL NORMS
| Source | Content | Relevance |
|---|---|---|
| Universal Declaration of Human Rights (1948) | Art. 6 — right to recognition as a person before the law | Universal application |
| International Covenant on Civil and Political Rights (1966) | Art. 16 — everyone shall be recognized as a person before the law | Supports legal equality |
| Convention Relating to the Status of Refugees (1951) | Refugees’ rights are equated with the civil rights of residents | Applicable to foreigners and stateless persons |
🔹 VII. JUDICIAL PRACTICE
🔸 Example from judicial practice in Kazakhstan: A foreign citizen filed a claim for protection of business reputation. The court applied the provisions of the chapter on natural persons and satisfied the claim despite his foreign citizenship — since the norms of the chapter are universal in nature.
🔷 VIII. CONCLUSIONS
Article 12 of the Civil Code of the Republic of Kazakhstan:
• Establishes an inclusive definition of a natural person;• Guarantees the universal application of civil law norms to all categories of individuals, including foreigners and stateless persons;• Reflects international standards of legal equality.
Attention!
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