Акжан и Жанель

3. The role of bringing precedent in judicial practice of Kazakhstan and in the country of the target language

Research Problem: Legal practitioners are increasingly faced with the problems of using court decisions of different levels in cases involving the protection of constitutional rights, human rights and even use them as a single source, the regulator of certain social relations. However, the current legal reality, the active processes of change in the Kazakhstani legal system suggest that this situation hampers the development of the most important humanand civil rights protection mechanismsandreduce the effectiveness to regulate many emerging social relations.On the other hand, public life is multifaceted and therefore the case law will never keep up with its dynamics.

The idea of the project: searching for ways andmeans to justify the urgent need to recognize a judicial practice of international court as a good source of law by the Kazakhstan science. Litigation and legal precedent should not be perceived as an alien element in the sense of justice and law enforcer, very important problem in the current law is the task of overcoming negative attitudes to judicial sources as a regulator of social relations.

The aim of the project: The development of propositions that contain the rationale for the official recognition of judicial practice and judicial precedent as the sources of Kazakhstan law, and the study of judicial practice and judicial precedent as specific legal phenomena, their structure, external and internal communications, place and importance in the system of law.

Project Objectives:

1. to identify the main features and to provide a concept (definition) of judicial practice and legal precedent based on the analysis of these phenomena as institutions of the theory of law;

2. to research the historical aspects of judicial practice and judicial precedent in the system of sources of Kazakhstan law, as well as case law and judicial precedent in the various systems of law sources of foreign countries;

3. to analyze case law and judicial precedent in the decisions of international tribunals, with the place and the role of international judicial bodies in the sources of Kazakhstan law;

4. to identify the characteristics of some acts of the judiciary in the regulation of relations in the society;

5. to determine the place of judicial practice and judicial precedent in the system of sources of Kazakhstan law, their interaction with other sources of law;

6. to compare the procedure of judicial practice in Kazakhstan with country of the target language.

• The usage of comparative legal and logical - legal methods in the process of the project work that allow to study the the main features (definition) of judicial practice and legal precedent in the regulation of social relations and to prove that only judicial practice can eliminate the discrepancy between the law and morality, their use, to determine the best, from the point of view of the author, the solution of specific problems.

• The possible ways of solving the problem:

• to use experience of country of the target language.

• to consider the case law and legal precedent as not officially recognized and authorized sources of law, but as the actual, real-life controls of modern public relations.

• to take into consideration the practice of using judicial precedent in some other countries.

• The final product (result) of the project work is the report on the international students’ conference as a way of raising political awareness.

References:

1. Барак А. Судебное усмотрение. М.: Норма, 2003.

2. Богдановская И. Ю. Закон в английском праве. М., 2006.

3. Братусь С. И., Венгеров А. Б. Судебная практика в советской правовой системе. — М., 1975.

4. Давид Р., Жоффре-Спинози К. Основные правовые системы современности. М., 1996.

5. Жуйков В. «Судебная защита прав граждан и юридических лиц»: М., 1997.

6. Конституция Республики Казахстан от 30 августа 1995 г. // «Казахстанская правда» от 22 мая 2007 г.

7. Марченко М. Н. Общая теория государства и права. Т. 2. М.: Зерцало, 1998.

8. О судебной системе и статусе судей РК: законРесп. Казахстан от 25 дек. 2000 г. N 132-II (с изменениями и дополненими по состоянию на 17.11.2008 № 80-4) // www.pavlodar.com

Асия

4. Family law: Increase in divorce-a global problem

Проблема: The number of registered divorces in Civil Registry Office in 2011 was 44.9 (in 2010 - 41.6 thousand), in urban areas - 33.8 (31.0), rural areas - 11.1 (10.6). Compared with 2010, the number of divorces increased by 7.9%, in urban areas - by 9.0%, rural - by 4.7%. The total divorce rate was 2.7 (2.6), urban - 3.7 (3.5), rural - 1.5 (1.4).

Идея проекта: Stop Divorce and Save your Marriage!

Цель проекта:To stop endless litigation and keep family finances(alimony)

Задачи проекта:

1. Increasing confidence and self esteem of individuals

2. Workingoutconflictresolution

3. Improving communication between a couple

4. Providing objective guidance through a trained counsellor

5. Identifying the issues that are really affecting the relationship rather than focusing on more superficial problems

6. Teaching couples how to pull together rather than push one another away

7. Providing help and resources to make the marriage stronger and more fulfilling

Использование в процессе проектной работы компетенций и субкомпетенции: socio-cultural competence, information-retrieval, analytical and predictive.

Возможные варианты решения поставленной проблемы:

1. Try not to focus on what is going wrong at the moment but convince yourself that there are effective solutions to your marital problems.

2. Remind yourself of the love that brought the two of you together in the first place.

3. Give yourself time to read articles through searching on various websites online that deal with the topic "saving a marriage in crisis".

• Конечный продукт проектной работы – Report to the international student conference.