2. The following rights in respect of immovable items shall be subject registration: the right of ownership. the right of business authority, the right of operative administration, the right of the permanent. land use, the right to lease, mortgage, servitude, the right to passage. In the cases which are provided by the legislative acts besides the state registration which is provided in paragraph 1 and 2 of these articles there also may be exercise the special purpose registration or accounting for individual types of immovable assets.
3. The transactions involving immovables shall be subject the State registration with the compliance with the rules of Chapter 4 of the present Code.
4. A body which carries out the State registration of the rights to immovables and transactions therewith shall be obliged upon the petition of the right holder or title holder to certify the registration made by means of issuing a document concerning the registration of the right or transaction or commitment of an entry in a document which is presented for the registration.
5. The State registration of the rights to immovables and transactions therewith shall be public. The body which carries out the registration shall be obliged to present the information concerning the registration made and the rights which are registered to any person.
6. The refusal in the state registration of the right to immovables or transactions or a transaction therewith or ungrounded evasion from the registration may be challenged in the court.
7. The procedure of the state registration the reasons for the refusal to register shall be established in accordance with the present Code by the law of the Republic of Kazakstan concerning, the registration of the rights to immovable assets and transactions therewith.
Article 119. Enterprise
1. An enterprise as an item of rights shall be recognized to be a property complex which is used for carrying out entrepreneurial activity an enterprise as a whole, as a property complex shall be recognized as immovable.
2. An enterprise as a whole or a part thereof may be an item in purchasing and selling, pledging, leasing and any other transactions which are related to the establishment alteration or association of property of material rights.
3. As a property complex the enterprise shall include all types of property which are intended for its activity which including the buildings, the structures, the equipment to implement, raw materials, production right, landlord right, the right to claim, debts and also the right to designations which individualize its activities (commercial name and trade marks) and any other exclusive rights unless other-wise is provided in the legislative acts or an agreement,
Article 120. Divisible and indivisible property
Property(assets) may be divisible and indivisible. Divisible assets are assets parts thereof as a result of division shall not lose the designation (function). Indivisible assets are the assets which may not be divided without chartering its economic designation (function) or it is not to be subdivided by virtue of a prescription in the legislative acts. The special features of indivisible things as items in the right in the law shall be determined in the legislation.
Article 121. Compound things
If heterogeneous things form a single unit which permits to use it in accordance with the designation determined by the essence of the compound they shall be considered to be one thing (compound things). The effect of the transaction which is concluded in respect of a compound things shall apply to all its constituent parts unless the agreement provides otherwise.
Article 122. The main thing and its accessory
An accessory that is a thing which is intended to serve the main thing and which is associated with it by the general economic purpose shall follow the fate of use of the main thing unless the legislation or agreement does not provide otherwise.
Article 123. Fruits, Products and Income
The receipts obtained as a result of using assets ( fruits, products, income) shall belong to the person who uses those assets on a legal bases unless otherwise is provided in the legislation or in agreement concerning the use of that asset.
Article 124. Animals
General rules concerning things shall apply to animals in far as the legislation does not provide otherwise.
Article 125. Intellectual property
In the case and in accordance with an procedure provided in the present Code an exclusive right of a citizen shall be recognized as a legal entity in respect of the results of the intellectual creative activities and the means equated there to of the individualization of a legal entity production of physical of legal entity working services carried out by them (commercial name and trade mark and service mark etc.). The use of the result of the intellectual creative activities and of the resources of the individualization which may be an item to exclusive rights (intellectual property) may be carried out by third persons only with the consent of the title holder.
Article 126. Official and commercial secrets
The civil legislation shall protect the information which constitutes an official or a commercial secret in the case when the information has actual or potential commercial value by virtue of its being unknown to third parties and there is no access there to on the legal basis and the possessor of the information takes measures to protect its confidentiality. Persons who by illicit methods obtain such information and also persons who work contrary to the labor agreement or the counter-parties which act contrary to the civil rights agreement which divulge a business or a commercial secret shall be obliged to compensate the damage inflicted.
Article 127. Money (currency)
1. The monetary unit in the Republic of Kazakstan shall be tenge. Tenge shall be the legal tender which is compulsory to be accepted in accordance with its nominal value in the whole of the territory of the Republic of Kazakstan.
2. Payments in the territory of the Republic of Kazakstan shall be carried out in the form of cash payments and non-cash payments.
3. The cases, the procedure and the conditions for settlements is foreign currency in the territory of the Republic of Kazakstan shall be determined by the legislation.
Article 128. Currency assets
The types of assets which are recognized as currency assets and the procedure for the transactions in the respect thereof shall be determined by the law of the Republic of Kazakstan concerning the currency regulation. The right to own currency asset shall be protected in the Republic of Kazakstan on the general basis.
2. Securities
Article 129. A security
1. A security shall be a document which certifies in observance with a certain pro forma and the required details, the property right the exercise thereof is only possible upon its presentation.
2. In the cases which are provided in the legislative acts the exercise and transfer of rights certified by the security it shall be sufficient to bring proves from its entry in the special register (special or computerized) of the issuer, the person who issued the security and who bears the responsibility in respect of their obligation indicated therein.
Article 130. Types of securities
1. Debentures, bells of exchange, checks, bank certificates, consignment, share -and any other documents which are referred by the legislation concerning securities or in accordance with the procedures established therein shall be securities.
2. Securities may be bearers, order and registered name and inscribed. The rights which are certified by securities shall belong to the person inscribed in it. The rights which are certified by the bearers security shall belong to the bearer of the security.
The rights which are certified in the order security shall belong to the person indicated in it and in the cases of the transfer of those rights in accordance with the procedure provided in Part 3 of Article 132 of the present Code to any other authorized person.
3. The legislative acts may exclude the possibility of issuing securities of a certain type as inscribed securities or as order securities or as bearer securities.
Article 131. The requirements concerning securities
1. The types of the rights which are certified by securities the mandatory details of securities, the requirements in respect of the pro forma of the security and any other necessary requirements shall be determined in the legislative acts and in accordance with the procedure established thereby.
2. The lack of the mandatory details of a security or non-compliance of the security with the pro forma established thereof shall result in its invalidity.
Article 132. Conveyance of rights associated with a security
1. To convey to any other person the rights certified by security, bearer security it shall be sufficient to hand that security to that person.
2. The rights certified by an inscribed security shall conveyed in accordance with the procedure established for the assignment of the claim cessation (cession). In accordance with Article 347 of the present Code a person that conveys the right in respect of security shall bear the responsibility for the invalidity of the relevant requirements but not for its implementation in the transfer of the rights associated with the inscribed security to any other person the security in the transfer shall be annulled and another security shall be issued to the new holder.
3. The right associated with the order securities shall be conveyed by means of committing or making on that security over conveyance entry, endorsement. A person who transfers the rights in respect of an order security (endorser) shall bear responsibility not only for the existence of the title but also for its exercise. An endorsement which is committed on a security shall convey all the rights certified by the security to the person to whom or by the order whereby the rights shall be conveyed associated with the security, the endorser assignee. The assignor may be blank (without the indication of a person to whom the execution must be addressed). The endorsements may be restricted only to the instructions to exercise the right certified by the security without the conveyance of that right to endorser (re-entrusted endorsement). In that case the endorser shall act as the representative.
Article 133. Execution on securities
1. The person that issued a security and any other persons who endorsed shall bear a joint liability before its legal owner. In the case of satisfying the claims of the legal owner of security concerning the execution of obligation certified by one or several persons from amongst those obliged in respect of the security they shall acquire the right of the return claim (regress) in respect of any other persons who were obliged in respect of the security prior to them.
2. The refusal to execute the obligations certified by the security with the reference to the lack of the grounds for the obligations or to its invalidity shall not be permissible. An owner of the security who revealed forgery or fraud in respect of a security shall have the right to present the person that conveyed the security their claim to properly execute the obligations certified in the security and concerning the security and of the compensation of losses. The right in respect of securities held by any legal owner shall not be exercised.
Article 134. The restitution of a security
The restitution of the rights associated with the lost securities, bear securities and order securities shall b carried out by the court in accordance with the procedure provided in the procedure legislation.
Article 135. Non-documented securities
1. In the cases which are established by the legislative acts or in accordance with the procedure provided therein an organization which is a depository and which received a special purpose license may in accordance with the agreement with the issuer (depository agreement) carry out the fixation of the rights affixed in inscribed or order securities including in a non-documentary form (with the help of the means of electronic and computer equipment etc.). To such form of fixation of the rights the rules shall be used-d which are established by the present Code and any other legislative acts for concerning securities unless otherwise follows from the special features of the fixation. Fixation which is carried out in accordance with the petition of the issuer or a person who is registered as the holder of the respective rights shall be equated to the security and it shall be sufficient to exercise entrance for the right associated with the security. Upon the request of the holder of the right the depository shall be obliged to issue to him a document which certifies their fixed rights. The rights which are certified by way of fixing with the depository the procedure of the activities for the activities of depositories of securities and for issuing to them of licenses to carry out transactions with securities the procedure for the official fixation of rights and right holder by the depository, the procedure for the documentary confirmation of the depositories entries and the procedure for the commitment- of transactions associated with non-documentary securities shall be determined by the legislative acts and in accordance with the procedure established thereby.
2. The transactions with the non-documentary securities may be committed only by appealing to the depository who shall officially commit entries of the rights, the exercise the transfer granting and restricting the rights must be officially fixed by the depository.
The depository shall bear the responsibility for the preservation of the official entries ensuring their confidentiality. Presentation of correct information in respect of those entries and in respect of the commitment of the official entries concerning the transactions accomplished.
Article 136. Debenture
A security which certifies the right of its holder to obtain from a person that issued the obligation within the deadline indicated therein of the nominal value of debenture or any other property equipment shall be recognized as debenture. The debenture shall grant to its holder also the right to obtain a percentage fixed in it of the nominal value of the debenture or any other property rights.
Article 137. Check
A security containing unconditioned written order or the check issuer to the bank to pay to the check holder an amount indicated in it shall be recognized as check. A check must be presented for the payment within the term established by the legislation.
Article 138. Bill of Exchange
A security which certifies unconditioned obligation of the check issuer (simple bill of exchange) or any other payer indicated in the bill of exchange (transfer bill of exchange) to pay upon the arrival of the date indicated in the bill of exchange a certain amount of money to the owner of the bill of exchange (bill of exchange holder) shall be recognized as the bill of exchange.
Article 139. A share
1. A share shall be recognized to be a security which certifies the fight of its holder (shareholder). To obtain part of profits of profits of the joint stock company in the form of dividend, to participate in managing the affairs of the joint stock company and to the part of the property of the joint stock company which remains after its liquidation.
2. A joint stock company shall have the right to issue in accordance with the procedure established by the legislation and within the limits preference shares which guarantee to its holder to receipt of dividends as a rule in fixed percentage of the nominal value of the share irrespective of the results of the business activity of the joint stock company and also which give them preference right as compared to any other share holder to receive part of assets which remain after liquidation of the joint stock company and any other rights which are provided in the conditions of the issues of such shares. The preference shares shall not give to their holders the right of the participating in managing or affairs of the joint stock company unless otherwise provided in its charter.
3. The founders of joint stock company may introduce the golden share which does not participate in the formation of the charter fund and receipt a dividend. The owner of the golden share shall only have the right to bid over the decisions of the general meeting, the board and supervisory council in respect of the issue provided in the charter.
Article 140. Bank certificate
The bank certificate shall be a written certificate of a bank about the investment of monetary resources which certify the right of the investor to receipt upon the expiration of an established sum of the amount of investment and interest of it in any institutions of that bank.
3. Protection of Personal Non-Property Right
Article 141. Protection of the personal non-property right
1. A person whose personal non-property rights are violated apart from measure provided in Article 9 of the present Code shall have the right to compensation of the moral damage in accordance with the rules of the present Code.
2. A protection of personal property right shall be carried out in the court in accordance with the procedure provided in the civil procedure legislation.
3. The personal non-property right shall be subject to protection irrespective of the quilt of a person that violated the right. The person who presented the requirement or protection must prove the fact of the violation of his personal non-property right.
4. The person whose non-property right is violated may at his discretion to demand of the elimination of the consequences of the violation from the violator or at the expense of the violator to independently commit the necessary actions or to instruct the commitment to a third party.
Article 142. Personal non-property rights associated with property rights
When simultaneously the personal non-property and property rights are violated the amount of compensation of the financial damage may be increased taking into account the compensation which is due to the victim because of the violation of his personal non-property rights.
Article 143. Protection of honor, dignity and business reputation
1. A citizen or a legal entity shall have the right to request through the court of the refutation of the information which damages his honor, dignity or business reputation unless one who spread that information proves that the information is reliable.
2. Where the information that damaged the honor, dignity or business reputation of a citizen or a legal entity are spread through the mass information media they must be refuted through the same mass information media. In the case where the indicated information is contained in a document issued by an organization such document shall be subject to replacement or annulment. The procedure for refuting in any other cases shall established by the court.
3. A citizen or a legal entity in respect thereof the mass information media published the information that restrict his rights or legal interests shall have the right to publish his response through the same mass information media.
4. The request of a citizen or a legal entity to publish a reputation or response in the mass information media shall be considered by the court in the where the mass information body refused such publication or did not conduct the publication within one month.
5. Where the decisions of the court is not executed the court shall have the right to impose the fine upon the violator which shall be taken for benefit, for the revenue of the budget.
The fine shall be imposed in accordance with the procedure and in the amounts which are established by the civil procedure legislation. The payment of the fine shall not exempt the violator from the obligation to fulfill the decision of the court which is provided to be implemented.
6. A citizen or a legal entity in respect thereof the information was spread that damage his honor, dignity or business reputation shall have the right apart from refutation of such information to demand compensation for the damage and moral harm inflicted by their spread.
7. Where it's impossible to identify a person that spread the information which damage the honor, dignity or business reputation of a citizen or a legal entity the person in respect of whom such information in spread shall have the right to enter the court with the application to recognize the information spread as not true.
Article 144. The right to protect the secrets of private life
1. The citizen shall have the right to protect the secrets of his personal life, the secrets of letter exchange, diaries, notes, remarks, private life, adoption birth, medical, legal, the secrets of investments and so on, the intangibility of the house and the personal image. The disclosure of the secrets of the private life shall only be possible in the cases which are provided by the legislative acts.
2. The publication of diaries, notes, remarks and so on shall be permissible only with the permission of their authors and in respect of the later only with the consent of their author and addressee. In the case for demise of one of them the indicated documents may be published with the consent of the security spouse and children of the deceased.
Article 145. The right to one's own image
Nobody shall have the right to use the image of somebody's face without his consent and in the case of his death without the consent of his inheritors. The publication, reproduction and distribution of a graphic piece (picture, photograph, film etc.) in which another person is depicted shall only be permissible with the consent of the depicted and after his death with the consent of his children and surviving spouse. Such consent shall not be required where it is established by the legislative acts or the person depicted was posing for a fee.
Article 146. The right to inviolability of housing
A citizen shall have the right to act in his house (apartment, home, hotel, etc.) at his discretion and to refuse any attempt's of intrusion to housing outside of his will except for the cases provided in the legislative acts.
Chapter 4. Transactions
Article 147. The concept of a transaction
The actions of citizens and legal persons and legal entities which are aimed at the establishing, changing or terminating civil rights and obligations shall be recognized as transactions.
Article 148. Unilateral transactions and agreements
1. The transactions may be unilateral and bi-or multilateral (agreements).
2. A transaction the performance whereof in accordance with the legislation or the agreement by the parties requires and is sufficient the expression of the will of one party shall be recognized as unilateral transaction.
3. To commit an agreement which shall be necessary to express agreed will of two parties (bilateral transaction) or three and move parties (multilateral transaction).
Article 149. Legal regulation of unilateral transaction
1. A unilateral transaction shall create obligations for the person that commits the transaction. It may create obligations for any other persons only in the cases which are provided in legislative acts or by agreement of those persons.
2. Appropriately the general provisions concerning obligations and agreement in Section III shall apply to unilateral transactions in as much as it does not contradict the legislation, the nature and the essence of the transaction.
Article 150. Transactions committed under condition
1. A transaction shall be considered to be committed under delaying conditions where the parties put the emergence of writing an obligation into relation from a circumstance in respect it's not known where it will occur or not.
2. A transaction shall be considered to be committed under the condition if the parties have put the cessation of writing obligations until relation from the circumstance in respect thereof it is not known where it will occur or not.
3. If the emergence of a condition was implemented unfairly by the party to which the emergence of the condition is not profitable then the condition shall be recognized as having place.
If the emergence of a condition was unfairly assisted by the party for which arising of the condition is favorable then the condition shall be recognized as not taking place.
Article 151. The form of transactions
1. Transactions can be committed orally or in writing (simple or notary).
2. The transactions for which legislation or the agreement of parties does not prescribed or written (simple or notary) or any other identified form, may be committed orally in particular any transactions which are executed by their commitment or through their commitment. Such a transaction shall be considered to be committed in the case where the behavior of the person proves the will to commit the transaction.
3. A transaction which is confirmed by issue of a ticket, token or any other symbol which is used for confirmation shall be deemed to be concluded with oral form unless otherwise is provided in the legislation.
4. Silence shall be recognized as the expression of the will to commit the transaction in the cases which are provided by the legislation or the agreements of the parties.
5. Transactions to execute an agreement which is concluded in writing may be agreement of the parties be committed orally unless that contradict the legislation under agreement.
Article 152. The written form of a transaction
1. The following transactions must be executed in writing:
1) those which are carried out in the course of entrepreneurial activities except for the transactions which are executed by the commitment itself where for individual types of transactions if otherwise is not provided in the legislation or does not follow from the customs of the business turnover;
2) for the amount of more than twenty five minimum wages except for the transactions which are executed by their own commitment by their commitment itself;
3) in any other cases which are provided in the legislation or the agreement of the parties.
2. A transaction which is committed in writing should be signed by parties or their representatives unless otherwise follows from the customs of the business turnover. It shall be permitted when committing transactions to use the resources of facsimile copying of signatures unless this contradicts the legislation or requirements of one of the parties.
3. Bilateral transactions may be committed by way of exchanging documents each of which is signed by the party from which it comes out. The exchange of letters, telegrams, telephonegrams, teletypes, facsimiles or any other documents which identify the entities and the contents of their will shall be equated to the commitment of transactions in writing unless otherwise is provided in the legislation or agreement of the parties. The legislation and the agreements of parties may establish additional requirements to which the form of a transaction must correspond (commitment on the proforma of a certain type, verification with the seal, etc.) and provide the consequences of non-compliance with those requirements.
4. Where a citizen as a result of physical ailment, disease or illiteracy cannot personally sign then upon his request the transaction may be signed by any other citizen. The signature of the latter must be verified by the notary or any other official who has the right to commit such notary action with the indication of the reasons for which the person who committed the transaction may not sign it personally.
5. The party which executed a transaction in writing shall have the right to require from the other party the document which confirms the execution. The same right shall belong to the party which executed an oral entrepreneurial transaction except for transactions which are executed at the moment of their commitment.
Article 153. Consequences of non-compliance with a written pro forma of a transaction
1. Non-compliance with the simple written pro forma of a transaction shall not result in its invalidity but it shall deprive the parties of the right in the case of a dispute to confirm its commitment contents or execution with a witness evidence. The parties however shall have the right to confirm the commitment contents or execution of the transaction in writing or any other proofs except for witnesses evidence.
2. In the cases which are directly provided in the law or in the agreements by the parties the non-compliance with the simple written pro-forma of a transaction shall result in its invalidity.
3. Non-compliance with the simple written pro forma shall result in pro-forma of a foreign economic transaction shall result in the invalidity of a transaction.
Article 154. Notarization of a transaction
1. In the cases which are provided in the legislative acts or by the agreements of the parties the written transactions shall be deemed to be committed only upon their notarization. The non-compliance with these requirements shall result in the invalidity of a transaction with the consequences provided in paragraph 3 of article 157.
2. Where a transaction which requires notarization is actually executed by the parties or by one of the parties and by it contents does not contradict the legislation and does not violate the rights of the third parties the court upon the application of the interested party shall have the right to recognize the transaction as valid. In that case the subsequent notarization of the transaction shall not be required.
Article 155. Registration of transactions
Transactions which in accordance with the legislative acts are subject to state or any other registration shall be deemed to be committed after the registration shall be carried out upon the application of the interested party in accordance with the application handed or forwarded by mail to the registration body. Refusal to register shall only be possible with their reference to the violation of the requirements of the legislation.
A body which refuses to register must in accordance with the court demand the recognition of the transaction as invalid. Unless such a requirement is submitted within three months after receipt of the registration documents the transaction shall be recognized.
Article 156. Exchange transactions
1. Agreements concerning mutual conveyance of writing obligations in respect of properties (goods, securities etc.) which is permitted to be circulated at the exchange (exchange transactions) shall be concluded by the participants of the exchange in accordance with the procedure which is established by the legislation concerning commodity, stock and other exchanges and in exchange charters.
Exchange transactions may be documented by broker records. Transactions shall be subject to registration by the exchange.
2. To exchange transactions in a relation to the contents the rules shall be applicable concerning the relevant agreements (purchase and sell commission etc.) unless otherwise follows from the legislation the agreement of the parties or the essence of the transaction. The legislation or exchange charter may provide the conditions of exchange transactions which constitute commercial secrets of the parties and shall not be subject to without their consent.
3. Disputes which are associated with conclusion of conclusion of an exchange arbitration attached to the relevant exchange the decision thereof may be challenged in a court.
4. Unless the present Code or any other legislative acts establish otherwise, the rules of the nomination agreement shall apply to the agreement concerning the conveyance of assets by the principal to his agent for commitment of transactions and any other legal actions associated with the management of those assets (trust transactions).
Article 157. Invalid transactions and consequences of invalidity
1. When violating the requirements which are applicable to the pro-forma contents and participants of a transaction and also to the freedom of their will the transaction may be recognized as invalid in accordance with the action of the interested parties, duly authorized body or prosecution officer.
2. The foundations of invalidity of a transaction and also the list of persons who have the right to demand the recognition thereof as invalid shall be established by the present Code or any other legislative acts.
3. When recognize the transactions as invalid each party shall be obliged to return to the to the other party everything that was received in the transaction and where it is not possible to return it in- kind to return its value in money.
4. Where transaction is aimed at the achievement of a criminal purpose then where the intention present with both par-ties, everything received by them in the transaction or intended to be received in accordance with the decision of verdict of the court shall be subject to confiscation. In the case of the execution of such a transaction by one party from the other party subject to confiscation will be everything which is received by it and everything which is due by it in the transaction of the first party.
Where none of the parties proceeded to the execution everything shall be subject to confiscation which is provided in the transaction for the execution.
5. Where intention exists to achieve a criminal purpose only by one of the parties everything that is received by it in a transaction shall be subject to return to the other party and what is received by the latter or due to it in the transaction shall be subject to confiscation,
6. Taking into account the specific circumstances the court shall have the right not 4 and 5 of to use partially or in full the consequences which are provided in paragraph these articles as concerns the confiscation of the assets received or subject to receipt through the invalid transactions in that part the consequences shall arise which are provided in paragraph 3 of this article.
7. Besides the consequences provided in paragraph 3,2,6 of this article the court may find from the party which is guilty in the commitment of actions which cause the invalidity of a transaction for the benefit of the other party the lasses incurred by the latter which are associated with the recognition of a transaction as invalid.
8. An invalid transaction shall not result in any legal consequences except for those which are associated with its invalidity and it shall be invalid from the moment of its commitment.
9. In recognizing a transaction as invalid the court shall have the right taking into account the specific circumstances to restrict it self by the prohibition of its further execution.
Article 158. Invalidity of a transaction the contents whereof do not comply with the requirements of the legislation
Invalidity of a transaction the contents whereof does not meet the requirements. of the legislation an invalid transaction the contents whereof do not comply, with the requirements of the legislation and one which is committed for the purpose which is deliberately opposite to the fundamentals of the law and order or moral or affix.
