If the misguidance is a consequence of gross carelessness of the participant in the transaction, or it is covered by his entrepreneurial risk, the court, taking into account the specific circumstances and the interest of the other participant of the transaction, shall have the right to refuse the action to recognise the transaction as invalid.
9. A transaction which is entered into under the influence of fraud, violence, or threat, and also a transaction that the person was compelled to enter into as a result of a combination of difficult circumstances and on conditions extremely unprofitable for himself which was exploited by the other party (shackling agreement), may be recognised by the court as invalid upon the action of the victim.
10. A transaction which is concluded as a result of a malicious collusion of the representative of one party with the other party, may be recognised by the court as invalid upon the action of the victimised party. Compensation for losses which are inflicted upon the victimised party (paragraph 4 Article 9 of this Code), may be imposed upon the unfair representative in the procedure of subsidiary liability.
11. A transaction performed by a legal entity in contradiction to the objects of the activity expressly restricted by the present Code, or other legislative acts, or foundation documents, or in violation of the charter authority of its body, may be recognised as invalid pursuant to a court action of the owner of the property of a given legal entity, provided it is proved that the other party to a given transaction knew, or deliberately must have known about such violations.
12. The transactions which are stipulated in paragraph 3 and 5 of this Article, upon the claim of the parents, adopters or guardians of infants or of incapable persons by the decisions of a court may be recognised as invalid, provided they are entered into for the benefit of the indicated persons.
Article 160. Fictitious or Faked Transactions
1. A fictitious transaction is one which is entered into only for the sake of appearances, without intentions to cause any legal consequences shall be invalid.
2. If one transaction is entered into only for the purpose of hiding another transaction (faked), then the rules shall be applied which are applicable to the transaction which the parties actually had in mind.
Article 161. The Consequences of Invalidity of Part of a
Transaction
Invalidity of part of a transaction shall not entail the invalidity of its other parts, provided it is possible to presume that the transaction was entered into without inclusion of its invalid part.
Article 162. The Statute of Limitations With Regard to Invalid
Transactions
as amended by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
2. The statute of limitations with regard to disputes associated with the invalidity of a transaction on the bases stipulated in paragraphs 9 and 10 of Article 159 of this Code, shall constitute one year from the date of the cessation of the violence or the threat under which the transaction was entered into, or from the date when the plaintiff learned or should have to learned about any other circumstances which are the basis for the recognition of the transaction as invalid.
Chapter 5. Representation and Power of Attorney
Article 163. Representation
1. A transaction which is entered into by one person (representative) on behalf of another person (represented) by virtue of the authority based on power of attorney, legislation, a resolution of the court or on an administrative act, shall directly create, alter or terminate the civil rights and obligations of the represented.
The authority may also be clear from the situation in which the representative is acting (salesman in retail trade, cashier, etc.).
2. The rights and obligations shall be acquired directly by the represented in respect of the transaction entered into by the representative.
3. A representative may not enter into transactions on behalf of the represented, neither with himself personally, nor with any other person whose representative he is at the same time.
4. The persons who act, although in somebody else's interest, but in their own name (commercial intermediaries, executors of will in inheritance etc.) shall not be representatives, nor the persons who are authorised to enter negotiations with regard to transactions which are possible in the future.
5. It shall not be allowed to enter through a representative into transactions which by their nature may be entered into only in person, nor into other transactions in the cases specified in legislative acts.
Article 164. Representation of Incapable Persons
On behalf of incapable persons, transactions shall be entered into by their legitimate representatives, - parents (adopters) and guardians.
Article 165. Representation Without Authority
A transaction which is entered into on behalf of another person by the person who is not authorised to enter into the transaction, or in excess of their powers, shall create, alter or terminate the civil rights and obligations of the represented only in the case of the subsequent approval by him of that transaction.
The subsequent approval by the represented shall make the transaction valid from the moment of its commitment.
Article 166. Commercial Representation
1. The person who permanently and independently represents entrepreneurs in their concluding agreements (a commercial representative), shall act on the basis of a written agreement which contains indications of the authority of the representative, and in the case where such indications do not exist,- also of the power of attorney.
2. A commercial representative may at the same time represent the interests of various parties of an agreement which is concluded with his participation. In that respect, he shall be obliged to execute the instructions given to him with the diligence of a usual entrepreneur.
3. A commercial representative shall have the right to claim payment of the remuneration owed and the expenses incurred by him when executing the instructions of the parties to the agreement in equal shares, unless it is otherwise stipulated in the agreement between them.
4. A commercial representative shall be obliged to keep secret the information which became known to him concerning commercial transactions, also after the implementation of the assignment entrusted to him.
5. Special considerations concerning commercial representation in certain spheres of entrepreneurial activity shall be established by legislation.
Article 167. Power of Attorney
1. A written authorisation by one person (the trustor) for representation on his behalf, which is issued to another person (the trustee) shall be recognised as a power of attorney.
2. The power of attorney for managing assets and entering into transactions which require notarisation, must be notarised, unless otherwise stipulated in legislative acts.
3. The following shall be equated to notarised powers of attorney.
1) powers of attorney of military servicemen and of any other persons who are in medical treatment at hospitals, sanatoria and any other military medical institutions, attested to by the chiefs, deputy chiefs for medical issues, senior doctors and doctors on duty of those hospitals, sanatoria and other military medical institutions;
2) powers of attorney of the military servicemen, and at the points of deployment of military units, institutions and military education organisations where there is no state notary offices, nor any other bodies which execute notary actions, and also the powers of attorney of workers and employees, members of their families and family members of the military servicemen, which are attested by the commanders (chiefs) of those units, formations, institutions and organisations;
3) powers of attorney of the persons who are in places of deprivation of freedom, certified by the heads of the places of deprivation of freedom;
4) powers of attorney of capable citizens of full age who are in institutions for the social protection of the population, certified by the head of that institution or of the relevant body for the social protection of the population.
4. The power of attorney to receive correspondence including money and parcels, to receive wages and any other payments from citizens and legal entities, may be certified by the bodies of the local administration of the territory in which the nominator resides, by the organisation at which he works or studies, by the housing maintenance organisation in the place of his residence, by the administration of the stationary medical institution in which he is being medically treated, and also by the commanders of the relevant military units, where the power of attorney is issued to a military serviceman. A power of attorney which is sent by telegraph and by any other types of communications, when the dispatch of the document is carried out by an employee of the communications facility, shall be certified by the bodies of communication.
5. Third parties shall have the right to consider as authentic a power of attorney which is issued for the commission of their acts, which is sent by the trustor to the trustee through facsimile and other method of communication, without use of official bodies of communication.
6. A power of attorney on behalf of a legal entity shall be issued with the signature of its manager or another person who is authorised thereto by the foundation documents, and it shall be attested by the seal of that organisation.
7. A power of attorney on behalf of a state body, or a commercial or non-profit organisation to receive or pay money and any other material assets, must be signed also by the chief (senior) accountant of that organisation.
8. The procedure for issuing and the pro-forma of the power attorney to enter into banking transactions and the power of attorney for entering into transactions in the area of trade may be determined by special-purpose rules.
Article 168. The Term of a Power of Attorney
1. A power attorney may be issued for a term of not longer than three years. Where a longer term is indicated in a power of attorney, it shall be effective within three years, and if the effective period is not indicated therein, then it will be valid within one year from the date of the issue.
2. A power of attorney shall be invalid, if it has not the date of its issue.
Article 169. Re-Assignment
1. A trustee must personally enter into the actions to which he is authorised. He may re-assign their commitment to any other person only in the case where he is authorised thereto by the power of attorney received or is compelled to do that by virtue of circumstances for the protection of the interests of the trustor.
2. A power of attorney in which the trustee conveys the powers to any other person must be notarised, except for the cases stipulated in paragraph 4 of Article 167 of this Code.
3. The term of validity of a power of attorney which is issued for re-assignment may not exceed the term of effect of the original power of attorney on the basis of which it was issued.
4. The trustee who re-assigned the powers to any other person must immediately notify of that the nominator and to communicate to him the necessary information concerning that person and his place of residence. The failure to comply with this duty shall impose on the trustee the liability for the actions the person to whom he re-assigned the powers, as for his own.
Article 170. Cessation of a Power of Attorney
1. The effect of a power of attorney shall cease as a result of the following:
1) expiry of the term of the power of attorney;
2) completion of the actions provided for by the power of attorney;
3) annulment of the power of attorney by the person who issued it;
4) the refusal of the person to whom the power of a attorney is issued;
5) the cessation of the legal entity on whose behalf the power of attorney was issued;
6) liquidation of the legal entity on whose behalf the power of attorney was issued;
7) the demise of the person who issued the power of attorney, or the recognition of him as incapable, of limited capability or missing;
8) the demise of the citizen to whom the power of attorney is issued, or the recognition of him as incapable, of limited capability or missing.
2. The person who issued a power of attorney may at any time annul the power of attorney or the re-assignment, and the person to whom the power of attorney is issued may relinquish it. An agreement to wave this right shall be invalid.
Article 171. The Consequences of Terminating
a Power of Attorney
1. The trustor shall be obliged to notify about the termination of a power of attorney (Article 170 of this Code) the person to whom the power of attorney is issued, and also third parties known to him, for representation to whom the power of attorney was issued. The same obligation shall rest with the legal successor of a person who issued the power of attorney in the cases of its cessation on the bases indicated in paragraphs 5 and 7 of Article 170 of this Code.
2. The rights and obligations which arise as a result of the actions of a person to whom the power of attorney is issued prior to the time when this person learned or should have learned of its cessation, shall remain valid for the one who issued the power of attorney and his legal successors with regard to third parties. This rule shall not apply if the third party knew or should have known that the effect of the power of attorney ceased.
3. Upon the cessation of the power of attorney the person to whom it was issued or his legal successor must immediately return the power of attorney.
4. With the cessation of the power of attorney the conveyance of the powers associated with that power of attorney to the other person (re-assignment) shall lose force.
Chapter 6. Calculation of Periods
Article 172. Determining Periods
1. A term which is established by legislation, or transaction or is appointed by the court, shall be determined by a calendar date or an indication of an event which must inevitably take place.
2. A term may be established also as a period of time which is calculated by years, months, weeks, days or hours.
Article 173. The Beginning of the Term which is Determined by
Period of Time
The course of a term which is determined by a period of time shall begin on the next day after the calendar date or the arrival of the event which determines its beginning.
Article 174. The Expiry of the Term Determined by Period of Time
1. A term which is measured by years shall expire in the corresponding month, and on the date of the last year of the term.
The rules which are used for the terms measured by months shall apply to a term which is measured by one half a year.
2. The rules which are used for the terms measured by months shall apply to the term which is measured by quarters of year. In this respect, a quarter shall be deemed to be equal to three months and the calculation of quarters shall be from the beginning of year.
3. A term measured by months shall expire on the corresponding date of the last month of the term.
A term which is determined as one half of a month shall be handled as a term measured by days, and it shall be deemed to be equal to 15 days.
If the expiry of a term measured by months falls on such month in which that date does not exist, then the term shall expire upon the last day of that month.
4. The term which is measured by weeks shall expire on the appropriate day of the last week of the term.
Article 175. Expiry of a Term on a Non-Working Day
If the last day of a term falls on a non-working day, then the expiry day of the term shall be the nearest working day following that day.
Article 176. The Procedure for Entering Into Actions on the Last
Day of a Term
1. If a term is established for entering into any action, it may be entered into before twenty four hours of the last day of the term.
However, if that action must be entered into in an organisation, then that term shall expire at the hour when in accordance with the established rules that organisation ceases the relevant transactions.
2. Written applications and notifications which are submitted to the post office, telegraph or any other institution of communications before 24 hours of the last day of a term, shall be deemed to be submitted within the term.
Chapter 7. Statute of Limitations
Article 177. The Definition of the Statute of Limitations
1. The statute of limitations is a period of time during which a claim may be satisfied, which arises from a violation of rights of a person or of an interest protected by law.
2. Statutes of limitation and the procedure for their calculation shall be stipulated in law and may not be changed by an agreement of parties.
Article 178. Terms of the Statute of Limitations
1. The general term of the statute of limitations shall be established at three years.
2. For certain types of claims legislative acts may establish special-purpose terms of the statute of limitations, which are shorter or longer as compared to the general term.
3. The rules of Articles 177, 179 - 186 of this Code shall apply also to the special-purpose terms of the statute of limitations, unless legislative acts stipulate otherwise.
Article 179. The Application of the Statute of Limitations
1. The requirements to protect a violated right shall be accepted by the court for consideration irrespective of expiry of the term of the statute of limitations.
2. The statute of limitations shall be applied by the court only upon the application by a party in the dispute, which is made prior to the adoption of a decision by the court.
3. The expiry of the term of the statute of limitations prior to the presentation of the claim shall be the basis for he court's passing the decision to deny the action.
With the expiry of the term of the statute of limitations on the principal claim, the term of the statute of limitations shall expire with regard to additional claims (concerning the imposition of damages, the responsibility of the trustor etc.).
Article 180. The Course of the Term of the Statute
of Limitations
1. The course of the term of the statute of limitations shall begin on the day when the person learned or should have learned of the violation of the right. Exceptions from this rule shall be established by this Code and the other legislative acts.
2. With regard to the obligations which have a definite term for their implementation, the course of the statute of limitations shall begin upon the expiry of the date of the execution.
3. With regard to the obligations, the implementation term of which is not determined or is determined by the moment of the call, the course of the statute of limitations shall begin from the moment when the call for the implementation of the obligation is made, and where the debtor is granted a privilege term for the implementation of such call, the counting of the statute of limitations shall begin on the expiry of the indicated term (paragraph 2 of Article 177 of this Code).
4. With regard to the regress obligations the course of the statute of limitations shall begin from the moment of execution of the principal obligation.
Article 181. The Term of the Statute of Limitations in the
Replacement of Persons in an Obligation
The replacement of persons in an obligation shall not entail any changes with regard to the statute of limitations and the procedure of its calculation.
Article 182. Suspension of the Course
of the Statute of Limitations Term
amended by (9) Law of 19th June 1997 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Act of the Republic of Kazakhstan;
(12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)"; and
1. The course of the term of the statute of limitations shall be suspended as follows:
1) where the making of the claim is impeded by an event which is extraordinary or inevitable under those circumstance (force majeure);
2) by virtue of the announcement by the President of the Republic of Kazakhstan of a postponement of the execution of the obligation of that type (moratorium);
3) where the plaintiff or the defendant are military units which are under marshal law;
4) where an incapable person has no legal representative;
5) by virtue of suspending the effect of legislation which regulates the relevant relations.
With regard to actions concerning the compensation for harm caused to life or health of a citizen, the course of the term of the statute of limitation shall be suspended also in connection with the application by a citizen to the appointment of a pension or benefit, or the refusal to appoint those. to appropriate organisations for appointment and/or performance of payment of pensions or for appointment of a benefit - -prior to appointment and/or performance of payment of pensions or appointment of a benefit or refusal to appoint and/or performance of payment of pensions or appointment of a benefit.
2. The course of the term of the statute of limitations shall be suspended where the circumstances indicated in this Article arose or continued to exist during the last six months of the statute of limitations, and if that term does not exceed six months, - during the course of the term of the statute of limitations.
3. The course of the statute of limitation shall continue from the date of the cessation of the obligation which entailed the suspension of the statute of limitations. In that respect, the remaining part of the term shall be extended up to six months, and where the term of the statute of limitations does not exceed six months, - up to the term of the statute of limitations.
Article 183. A Break in the Course of the Term of Statute of
Limitations
1. The course of the term of the statute of limitations may be interrupted by the presentation of a claim in accordance with the established procedure and also by the commitment by the obliged person of the actions which evidence the recognition of the debt or any other liability.
2. After an interruption, the course of the term of the statute of limitation shall begin anew; the time which expired prior to the break shall not be included into the new term.
Article 184. The Course of the Term of the Statute of Limitations
in a Case Where the Action is not Considered
1. If an action is left by the court without consideration, the course of the statute of limitations which began prior to the presentation of the action shall continue in accordance with the general procedure.
2. Where the court left without consideration an action which is presented in a criminal case, then the course of the term of the statute of limitations, which began prior to the presentation of the action, shall be suspended until the sentence by which the action was left without consideration enters into legal force. The time during which the statute of limitations was suspended shall not be included in the term of the statute of limitations. In that respect, where the remaining part of the term is less than six months, it shall be extended up to six months.
Article 185. The Restoration of the Term of the Statute of
Limitations
1. In exceptional cases where the court recognises the reason for neglecting the term of the statute of limitations as serious because of the circumstances which are associated with the personality of the plaintiff (serious disease, helpless condition, illiteracy, etc.) the violated right of the citizen shall be the subject to protection. The reasons for omitting the term of the statute of limitations may be recognised as serious where they took place during the last six months of the term of the statute of limitations, and where the term is equal to six months, or is less than six months, - during the term of the statute of limitations.
2. The term of the statute of limitations shall be re-established and it shall begin its course again in the cases where there in accordance with legislative acts the plaintiff gets the right to file a new action on the same case in relations with the refusal to execute the court decision in that case.
Article 186. Execution of an Obligation Upon Expiry of the Term of
the Statute of the Limitations
A debtor or any other obliged entity that implemented an obligation upon expiry of the term of the statute of limitations, shall not have the right to claim back the implemented obligation, even if at the moment of the implementation the indicated person did not know of the expiry of the statute of limitations term.
Article 187. The Claims to Which the Statute of Limitations Does
Not Apply
amended by (11) Law of 11th July 1997 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Banking Activity.
The statute of limitations shall not apply to the following:
1) claims concerning the protection of non-material assets and personal non-property rights, except for the cases which are stipulated in legislative acts;
2) claims of investors to the bank to repay their bank investments;
3) claims concerning the compensation for harm caused to life or health of a citizen. However, the claims which are presented upon the expiry of the statute of limitations shall be satisfied for no longer than three years preceding the presentation of the claim;
4) claims of a proprietor or any other legitimate owner concerning the elimination of any violations of his right, where those violations are not associated with deprivation of ownership (Articles 264, 265 of this Code);
5) in the cases established by legislative acts, - also to any other claims.
SECTION II. THE RIGHT TO OWN AND OTHER CORPOREAL RIGHTS
Chapter 8. The Right to Own. General Provisions
Article 188. The Definition and Contents of the Right to Own
as amended by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
1. The right to own shall be a recognised and protected by legislative acts the right of a person at his discretion to own, use and dispose of the property which belongs to him.
The right of ownership shall be re-assigned to another person with all the encumbrances which existed at the moment of the commission of the transaction.
2. The owner shall have the rights to possess, use and dispose of his assets. The rights to own shall represent the legally-enforced capacity to exercise the actual possession of assets.
The right to use shall represent the legally-enforced possibility to extract from the assets their useful natural properties and also to extract benefits out of it. A benefit may be in the form of income, gain, fruit and in other forms.
The right to dispose shall represent the legally-enforced capacity to determine the legal destiny of property.
3. The owner shall have the right at his discretion to enter into with regard to the property which belongs to him, any actions including the alienation of the property into the freehold of any other persons, or to transfer to them, remaining the owner, his rights associated with ownership, use and disposal of the property, to pledge the property and to encumber it by any other methods and dispose of it in any other way.
4. The exercise by the owner of his powers must not violate the rights and legally protected interests of other persons and the state. The violation of the rights and legitimate interests may be expressed, aside from any other forms, in the abuse by the owner of his monopoly or any other dominant position.
The owner must adopt measures which prevent harm to the health of citizens and to the environment, which may be inflicted in the exercise of his rights.
5. The right to own shall be of indefinite term. The right to own property may be terminated by compulsion only upon the bases provided for by this Code.
6. In the cases, on the conditions and within the limits provided for by legislative acts, the owner must allow for a restricted use of his property by any other persons.
Article 189. The Burden of Maintaining Property
1. The owner shall bear the burden of maintaining the property which belongs to him, unless it is otherwise stipulated by legislative acts or by an agreement, and he may not in a unilateral procedure transfer such a burden to a third person.
2. If property is legally held by third parties, then the costs incurred by them for the maintenance of somebody else's property, shall be subject to reimbursement by the owner, unless otherwise is stipulated in the agreement.
Expenditures associated with the maintenance of the assets shall not be reimbursed to the person who owns the item unfairly and illegally (Article 263 of this Code).
Article 190. The Risk of Occasional Destruction or Occasional
Damage to Property
1. The risk of an occasional destruction or an occasional damage to objects to be alienated shall be transferred to the acquirer simultaneously with the emergence of his right to own, unless it is otherwise stipulated in legislative acts or an agreement.
2. Where the alienator guiltily delayed the transfer of objects or the acquirer guiltily delayed their acceptance, the risk of occasional destruction or occasional damage shall be borne by the party which caused the delay.
Article 191. The Definition and the Types of Private Property
as amended by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
1. Private property shall be recognised as the property of citizens and of non-state-owned legal entities and their associations.
2. Any property, except for certain types of property which in accordance with legislative acts may not belong to citizens or legal entities, may be in private ownership.
The quantity and the value of the assets which are in private ownership shall not be restricted.
Article 192. The Right to State Property
as amended by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)";
(20) Law No. 472 of 4th November 1999 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Functioning of Public Enterprises; and
(24) Law No. 162 of 2nd March 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions To Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the Banking Activity.
1. The state property shall be recognised in the form of the Republic's property and communal property.
2. The property of the Republic shall consist of the state treasury and the property allocated to state-owned Republic's legal entities in accordance with legislative acts.
Funds of the Republic's budget, gold and currency reserves, and the diamond stock, the items of the state property which are enumerated in Article 193 of this Code, and other state property which is not attached to state-owned legal entities, shall form the State Treasury of the Republic of Kazakhstan.
3. Communal property shall consist of the local treasury and assets which are entrusted to the communal legal entities in accordance with legislative acts.
The resources of the local budget and any other communal properties which are not attached to state-owned legal entities, shall constitute the local treasury.
4. The property which is in the state ownership may be entrusted to state legal entities in accordance with the right to business authority or operational management.
5. Special considerations in the legal regime of the state property which is under authority of certain state-owned institutions shall be defined by legislative acts.
Article 193. The Exclusive State Ownership
replaced by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
Article 193. Ownership of Land and Other Natural Resources
replaced by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
Land, its subsurface, water, flora, and fauna, and other natural resources, shall be in the state ownership. Land may also be in private ownership on the bases, conditions, and within the limits, stipulated by legislative acts.
Article 194. The Right to Own and Other Corporeal Rights to
Housing
20) Law No. 472 of 4th November 1999 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Functioning of Public Enterprises.
Special considerations for the exercise of the right of ownership and any other corporeal rights to housing shall be regulated by legislation concerning housing.
Article 195. The Corporeal Rights of Persons Who are Not Owners
as amended by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
