Restriction or deprivation of a minor between the ages of fourteen and eighteen of the right to independently manage their income

       Thus, according to Article 22 of the Civil Code, minors between the ages of fourteen and eighteen have the right to independently manage their earnings, scholarships, other incomes and intellectual property rights created by them, as well as to make minor household transactions.

The new version of paragraph 3 of this article provides that, if there are sufficient grounds, the court may restrict or deprive a minor of the right to independently dispose of his earnings, scholarships, other incomes and intellectual property rights created by him.

In the previous version of this paragraph (before January 1, 2016), such a right was granted to the guardianship and guardianship authority.

By virtue of Article 323 of the Code of Civil Procedure, if there are sufficient grounds, the court may restrict or deprive a minor between the ages of fourteen and eighteen of the right to independently manage his income.

The number of persons who can apply to the court with a request to restrict or deprive a minor between the ages of fourteen and eighteen of the right to independently manage their income includes parents, adoptive parents, trustees, or the body performing the functions of guardianship or guardianship, or the prosecutor.

No other interested parties have the right to submit such an application.

The application must set out the circumstances indicating the clearly unreasonable disposal of a minor's earnings, scholarship or other income.

An application for the deprivation of a minor between the ages of fourteen and eighteen of the right to independently manage his income is filed with the court at the place of residence of this person.

According to Article 27 of the CPC, such cases are under the jurisdiction of specialized inter-district juvenile courts.

Based on the provisions of Article 325 of the CPC, when preparing a case for trial, a judge appoints an official representative, a lawyer, to represent and protect the interests of a citizen in the process of the initiated case.

An official representative - a lawyer has the authority of a legal representative. According to the law, the legal assistance of such a lawyer is provided free of charge at the expense of budgetary funds.

When considering an application for the deprivation of a minor between the ages of fourteen and eighteen of the right to independently manage his earnings, scholarship or other income, the citizen himself, the applicant, the prosecutor, and a representative of the body performing guardianship or trusteeship functions take part.

The court decides to dismiss the application if it finds that there are no grounds for restricting or depriving a minor between the ages of fourteen and eighteen of the right to independently manage his earnings, scholarship or other income.

A court decision to restrict or deprive a minor between the ages of fourteen and eighteen of the right to independently manage his earnings, scholarship or other income is the basis for the appointment of a trustee by the body performing the functions of guardianship or guardianship.

In the cases provided for in paragraph two of Article 22 of the Civil Code of the Republic of Kazakhstan, the court decides to lift the restriction or revoke the deprivation of a minor between the ages of fourteen and eighteen of the right to independently manage his earnings, scholarship or other income.

On the basis of a court decision, the guardianship established over him is revoked.

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