1. If due to reasons allowed by legislative acts a person came into ownerships of the
articles which may not belong to him by virtue of legislative acts, that property must be
alienated by the owner within one year from the moment of the acquisition of the right of
ownership of that property, unless other period is specified in legislative acts. In a case where
the assets are not alienated by the owner within the indicated deadlines, they, in accordance
with the decision of the court, shall be subject to compulsory alienation with compensation to
the owner for the value of the assets, less the expenditures associated with their alienation.
2. When a citizen or a legal entity owns an object for which special permission is required
, on the grounds allowed by the legislative acts, and its issue to the owner is denied, that
object shall be subject to alienation in accordance with the procedure which is established for
the property which may not belong to that owner.

Citizens of the Republic of Kazakhstan, citizens of other states, as well as stateless
persons shall be understood to be individual persons. The provisions of this chapter shall
apply to any individual persons, unless they are otherwise established by this Code.

1. In cases of natural calamities, accidents, epizootic epidemics, and under any other
circumstances which have an extraordinary nature, property may be requisitioned in the
interests of the society upon the resolution of the state bodies from an owner in accordance
with the procedure and on the conditions established by legislative acts, with the payment to
him of the value of the property (requisition).
2. The evaluation on the basis of which the owner is reimbursed for the value of the
requisitioned property may be challenged by the owner in a judicial procedure.
3. A person whose assets are requisitioned shall have the right to claim through the court
the return to him of the remaining assets, after the cessation of the effect of the circumstances
in relation to which the requisition took place.
Footnote. Article 253 as amended by the Laws of the Republic of Kazakhstan dated
02.03.1998 № 211; dated 01.03.2011 № 414-IV (shall be enforced from the date of its official
publication).

In the cases stipulated by the legislative acts of the Republic of Kazakhstan, property may
be confiscated without compensation from the owner in judicial procedure in the form of a
sanction for the commitment of an administrative or criminal offense (confiscation).
Footnote. Article 254 in the new wording of the Law of the Republic of Kazakhstan dated
03.07.2014 № 227-V (shall be enforced from 01.01.2015).

1. A residential house, any other structure, facility or any other immovable asset which is
created on a land plot which is not allocated for those purposes in accordance with the
procedure stipulated in legislation and also one which is built without obtaining appropriate
permits, shall be recognized as unauthorized construction.
2. A person who carries out unauthorized construction shall not acquire the right to own it
. That person shall not have the right to dispose of the structure, nor to sell, transfer as gift,
lease or commit any other transactions.
An unauthorized construction shall be subject to demolition by the person responsible for
its construction or at his (her) expense, except for the cases stipulated in paragraphs 3 and 4 of
this Article.
3. The right to own an unauthorized structure may be recognized by the court as
belonging to the person, who carried out the construction on a land plot which does not
belong to him (her), provided such land plot will be granted to that person in accordance with
the established procedure for the placement of the structure so erected.
The right to own an unauthorized structure on a land plot which does not belong to him (
her), except for the land plots, belonging to the state, may be recognized by the court if the
owner of the land plot agree with that and with the payment of an indemnity to the last
provided that the structure meets the requirements of the legislation of the Republic of
Kazakhstan on architecture, town-planning and construction activity.
The right to own an unauthorized construction object may be recognized by the court also
as belonging to the person in whose legitimate use the land plot on which the construction
took place, is. In that case, the person whose right to own the structure is recognized, shall
compensate the builder for the costs of the construction in the amount determined by the court
.
The right to own an unauthorized structure may not be recognized as belonging to
specified persons when the preservation of the structure entails violation of the rights and
interests protected by law of other persons, or where it creates a threat to the life and health of
citizens.
4. Taking into account social and economic expedience, unauthorized structure carried out
by person on the land plots (on the land, which is not formed in the land plot) belonging to
the state and which are not in use of the state land users, may be transferred to communal
property with compensation for the costs of its construction in the amount determined by the
court.
When carrying out an unauthorized structure on the land plot, which are not in use of the
state land users, taking into account social and economic expedience, an unauthorized
structure may be transferred to communal property with compensation for the costs of its
construction in the amount determined by the court from the budget.
Footnote. Article 244 as amended by the Laws of the Republic of Kazakhstan dated
01.03.2011 № 414-IV (shall be enforced from the date of its official publication); dated
27.04.2012 № 15-IV (shall be enforced upon expiry of ten calendar days after its first official
publication).

1. The civil legislation of the Republic of Kazakhstan shall be based on the Constitution
of the Republic of Kazakhstan and consist of this Code, other laws of the Republic of
Kazakhstan adopted in accordance with it, the decrees of the President of the Republic of
Kazakhstan having the force of laws, edicts of the Parliament, and edicts of the Senate and
Mazhilis (legislative acts), as well as decrees of the President of the Republic of Kazakhstan,
decrees of the Government of the Republic of Kazakhstan regulating conduct indicated in
paragraphs 1 and 2 of Article 1 of this Code.
2. In case of a contradiction between the provisions of civil law which are contained in the
acts of legislation of the Republic of Kazakhstan, except for those indicated in paragraph 3 of
Article 1 of this Code, and the provisions of this Code, then the provisions of this Code shall
be applied. The provisions of civil law contained in legislation of the Republic of Kazakhstan
and contradicting the provisions of this Code may be applied only after the introduction of the
appropriate amendments into this Code.
3. relations related to the establishment, reorganization, bankruptcy and liquidation of
banks and bakeries, control over banking activities and its audit, control over the activities of
bakeries, licensing of certain types of banking operations, restructuring of banks, the
consequences of the withdrawal of licenses of banks, the implementation of operations with
the warehouse certificates of bakeries, are regulated by this Code in part, not contradicting the
legislative acts governing the bank bakery operations.
Relations between banks and their clients, as well as relations between clients through
banks, shall be regulated by civil legislation in accordance with the procedure established in
paragraph 2 of this Article.
4. Civil relations may be regulated by tradition, including the tradition of business
operation, unless it is in contradiction with the civil legislation effective in the territory of the
Republic of Kazakhstan.
5. Ministries and other central executive bodies, local representative and executive bodies,
may issue acts which regulate civil relations, in the cases and within the limits provided for
by this Code, and by other acts of civil legislation.
6. The rights of the citizens and legal entities which are established by this Code and any
other legislative acts of the Republic of Kazakhstan may not be restricted by the acts of the
bodies of the state administration and local representative and executive bodies. Such acts
shall be invalid from the moment of their adoption and must not be applicable.
7. Foreign individuals and legal entities and also stateless persons shall have the right to
acquire the same rights and they shall be obliged to fulfill the same obligations which are
provided for by civil legislation for the citizens and legal entities of the Republic of
Kazakhstan, unless otherwise stipulated by the legislative acts.
8. If an international treaty ratified by the Republic of Kazakhstan establishes different
rules than those contained in the civil legislation of the Republic of Kazakhstan, the rules of
the indicated treaty shall be applied. The international treaties ratified by the Republic of
Kazakhstan shall be applied to civil relations directly, except for the cases where it ensues
from a treaty that its application requires the issuing of a domestic Law.
Footnote. Article 3 as amended by the Decree of the President of the Republic of
Kazakhstan having the force of Law dated 31.08.95 № 2447; by the Laws of the Republic of
Kazakhstan dated 02.03.1998 № 211; dated 15.01.2001 No 141; dated 29.04.2009 № 154-IV
(the order of enforcement see Art. 2); dated 11.07.2009 № 185 (shall be enforced from
30.08.2009); dated 25.03.2011 № 421-IV (shall be enforced upon expiry of ten calendar days
after its first official publication); dated 02.07.2018 № 168-VI (shall be enforced upon the
expiration of ten calendar days from the date of its first official publication).

1. The property and the personal non-property privileges and rights may be objects in civil
rights.
2. Property benefits and rights (property) shall include: things, money, including foreign
currency, financial instruments, works, services, objective results of creative intellectual
activity, corporate names, trademarks and other means of individualization of products,
property rights, digital assets and other property.
2-1. Legal regime of objects or property rights shall be applied respectively to the money
and the rights (claims) for money liability (rights of claim for payment of money).
3. Life, health, the dignity of a person, honor, good name, business reputation,
inviolability of private life, personal and family secrets, the right to name, the right to be an
author, the right to inviolability of production and any other intangible privileges and rights
shall be referred to the personal non-property privileges and rights.
Footnote. Article 115 as amended by the Laws of the Republic of Kazakhstan dated
12.01.2007 № 225 (shall be enforced from the date of its official publication); dated
10.12.2008 № 101-IV (shall be enforced from 01.01.2009); dated 25.06.2020 № 347-VI (
shall enter into force upon the expiry of ten calendar days after the day of the first official
publication).

1. Objects of the civil rights may be freely alienated or transferred from one person to
another in the course of the universal legal successorship (inheritance, reorganization of a
legal entity) or by any other method, unless they are exempt from circulation or restricted in
their turnover.
2. Types of property, the alienation of which is not allowed (withdrawn from circulation),
should be directly specified in the laws.
3. Types of property that can belong only to certain participants in the turnover or the
acquisition or alienation of which is allowed by special permission (not fully tradable) are
determined by legislation.
3-1. The concept and types of digital assets, as well as the features of the turnover of
digital assets shall be determined by the legislation of the Republic of Kazakhstan, acts of the
“Astana” International Financial Center.
4. The personal non-property privileges and rights shall be unalienable and
non-transferable by any other method, except for the cases which are established by
legislative acts.
Footnote. Article 116 as amended by the Law of the Republic of Kazakhstan 27.02.2017
№ 49-VI (shall be enforced upon expiry of ten calendar days after the day its first official
publication); dated 25.06.2020 № 347-VI (shall enter into force upon the expiry of ten
calendar days after the day of the first official publication).