LEGAL CAPACITY OF FUNDS AS NON-PROFIT ORGANIZATIONS IN THE REPUBLIC OF KAZAKHSTAN

This article examines the legal capacity of funds as non-profit organizations in the Republic of Kazakhstan, clarifies its legal nature, and outlines avenues for legislative improvement. The study reviews the Civil Code, the Law “On Non-Profit Organizations,” the Law “On Charity,” subsidiary regulations, and academic doctrine. It demonstrates that, upon state registration, a fund acquires special legal capacity confined to the public-benefit purposes stated in its charter and statute. At the same time, elements of general legal capacity remain: the ability to conclude civil transactions, own property, open bank accounts, and act as plaintiff or defendant in court. The Law “On Charity” extends a fund’s rights to disseminate information, raise funds, and establish mass media outlets. The registration procedure not only confirms legal status but also sets the operational boundaries subject to state oversight. The article argues that the limitations of special legal capacity serve a protective role by preventing deviation from statutory goals, yet require further clarification— particularly regarding permissible entrepreneurial activities and public reporting mechanisms. Recommendations are offered to refine statutory language and strengthen transparency, thereby enhancing the contribution of funds to Kazakhstan’s socio-economic development.