- •1 The state: the concept, the characteristic features and its functions.
- •Characteristic features of the state
- •2 The form of the state
- •Features of the legal state:
- •3 Form of state – the Republic of Kazakhstan.
- •The State Anthem of the Republic of Kazakhstan
- •4 The law: concept, features, system. Hierarchy of Kazakhstan legislation.
- •Law features:
- •Principles of the law:
- •Classification of the law system
- •5 Legal regulation: the concept, subject and method.
- •1 Basics of the constitutional order of the Republic of Kazakhstan.
- •Principles of the constitutional order of the Republic of Kazakhstan
- •3 Citizenship as the link between an individual and a state.
- •Citizenship of the Republic of Kazakhstan can be granted to:
- •Applications for acquiring citizenship of the Republic of Kazakhstan will be refused if an applicant:
- •Citizenship of the Republic of Kazakhstan
- •Is cancelled under the following circumstances:
- •Citizenship of the Republic of Kazakhstan is lost:
- •4 Constitutional legal status of the President of the Republic of Kazakhstan
- •5 Constitutional legal status of the Parliament of the Republic of Kazakhstan
- •6 Constitutional legal status of the Government of the Republic of Kazakhstan
- •7 Constitutional legal status of the Constitutional Council of the Republic of Kazakhstan
- •1 The history of the judicial system of the Republic of Kazakhstan.
- •2 Judicial system of the Republic of Kazakhstan: the concept, judicial levels and judicial instance.
- •Principles of justice:
- •3 The main characteristics of the types of Kazakhstan courts.
- •1 District Courts and Courts Equivalent to Them/
- •2. Oblast Courts and Courts Equivalent to Them
- •3. The Supreme Court of the Republic of Kazakhstan
- •4 The legal status of judges in the Republic of Kazakhstan
- •1 The civil law: the concept, the subject and method of regulation.
- •2 The concept, the system and chief principles of the civil legislation of the Republic of Kazakhstan.
- •3. The concept of the natural persons and the general revision of the citizens' legal personality.
- •4. The concept and features of the legal entity. The kinds and forms of the legal entities.
- •5 The concept and the content of the right of ownership.
- •The content of the right of ownership
- •1 The family law: the concept, the subject, chief principles and method of regulation.
- •As to a family-law method, it is characterized by a number of specific features:
- •2 The terms and procedure for entering into a marriage. Termination of the marriage
- •3 The Legal and Contractual Regime of the Spouses' Property.
- •4The Parents' Rights and Duties.
- •1Objective, tasks and Principles of the labor legislation of the Republic of Kazakhstan
- •2 Participants in labour relations. Grounds for emergence of labour relations
- •3 The employment contract.
- •4 Internal labour regulations. Labor discipline
- •Internal labour regulations
- •5 The citizen’s right to pensions pursuant.
- •1 The main concepts and principle of certainty of taxation
- •The Principle of Certainty of Taxation
- •2 The rights and obligations of the taxpayer The Rights of the Taxpayer
- •3 The Objectives and the Structure of the Tax Service Authorities
- •4 Kinds of taxes and other obligatory payments.
- •Other obligatory payments
- •1 Land legislation of the Republic of Kazakhstan: concept, principles and tasks.
- •Principles of Land Legislation
- •Tasks of land legislation
- •2 Ownership, land-use right and other property rights to land
- •Types of land use rights
- •The right of permanent use
- •3 Categories of land
- •4 General Provisions of environmental law.
- •Relationship Regulated by environmental code
- •Fundamental Principles of the Environmental Legislation of the Republic of Kazakhstan
- •5 Structure of the Environmental Code of the Republic of Kazakhstan.
- •1The concept and categories of a crime
- •Categories of a crime
- •2 The Concept of Complicity in a Crime
- •Types of Accessories in a Crime
- •Liability of Accessories in a Crime
- •The Forms of Complicity in a Crime
- •2 The Concept, purposes and types of punishment
- •Types of Punishment
- •3 Types of crime
- •13 Corruption Crimes and Other Crimes Against the Interests of the State Service
- •1 Civil procedure of the Republic of Kazakhstan: the general provisions.
- •2 Persons taking part in the civil procedure
- •3 Assignments and Principles of the Criminal Procedure
- •The principles of the criminal process
- •4 State authorities and persons participating in criminal procedures
- •1 Court
- •2 State Bodies and Official Persons, Who Perform the Functions of Criminal Prosecution
- •3 Participants of the Procedure, Who Protect Their Rights and Interests or the Represented Rights and Interests.
- •4 Other Persons who Participate in Criminal Procedures
3 The Legal and Contractual Regime of the Spouses' Property.
The legal regime of the spouses' property shall be the regime of their joint property. The legal regime of the spouses' property shall operate, unless otherwise is stipulated by the marriage contract.
The rights of the spouses to possess, use and dispose of property which is joint property of the members of a peasant (of a farmer's) economy, shall be defined by the Civil Code.
The Spouses' Joint Property
The property acquired by the spouses during their marriage, shall be their joint property.
To the property, acquired by the spouses during their marriage (to the spouses' joint property) shall be referred the incomes of each of the spouses from his labour activity, from his business activity and from the results of his intellectual activity, pensions and allowances, received by both of them, and also the other monetary receipts, which are not specially target-oriented (sums of material assistance, those paid out in compensation for a loss inflicted by disablement because of a grave injury or because of another damage done to the health, etc.). The spouses' joint property shall also be the movable and the immovable things and securities, acquired at the expense of their joint incomes, participation shares, deposits and shares in capital put into credit institutions or into other kinds of commercial organizations, and any other property acquired by the spouses in the period of their marriage, regardless of the name of which of the spouses it was acquired or the name of which of the spouses the monetary means were put in.
The right to the spouses' joint property shall also be enjoyed by the spouse who kept the house or who looked after the children in the period of the marriage, or who did not have an independent income because of other valid reasons.
The Property of Each of the Spouses
The property which belonged to each of the spouses before his entering into the marriage, and also the property, received by one of the spouses during their marriage by way of inheritance or by other gratuitous deals (the property of each of the spouses), shall be his own property.
Items of individual use (clothes, footwear, etc.), with the exception of jewellry and other luxury articles, even though acquired in the period of the marriage at the expense of the spouses' common means, shall be recognized as the property of that spouse, who used them.
An exclusive right to the result of intellectual activity created by one of the spouses shall belong to the author of such result.
The property of each of the spouses may be recognized as their joint property if it is established that in the period of the marriage at the expense of the spouses' common property or of the property of each of the spouses, or of the labour of one of the spouses deposits were made, which considerably increased the value of this property (capital repairs, reconstruction, re-equipment, etc.).
The Marriage Contract
The marriage contract shall be recognized as an agreement between the persons entering into a marriage, or an agreement between the spouses, defining the spouses' property rights and duties in marriage and (or) in the case of its dissolution.
The marriage contract may be signed either before the state registration of the marriage or at any time during the marriage.
A marriage contract concluded before the state registration of the marriage shall come into force as from the date of the state registration of the marriage.
The marriage contract shall be concluded in written form and shall be subject to notarial certification.
The Content of the Marriage Contract
The spouses shall have the right to amend the law-established regime of joint property under the marriage contract, to establish the regime of the joint, shared or separate ownership over the entire property of the spouses, over its individual kinds, or over the property of each of the spouses.
The marriage contract may be concluded both with respect to the existing and future property of the spouses.
The spouses shall have the right to define in the marriage contract their rights and duties involved in the mutual maintenance, in the ways of taking part in each other's incomes and in the way each of them bears family expenses; they shall have the right to delineate the property which shall be transferred to each of the spouses in case of the dissolution of their marriage, and also to include into the marriage contract any other provisions related to the spouses' property relations.
The rights and duties envisaged by the marriage contract may be restricted to definite terms or may be made dependent on the arising or the non-arising of certain conditions.
The marriage contract shall not restrict the spouses' legal capacity or active capacity or their right to turn to a court for the defence of their rights; regulate the personal non-property relations between the spouses, their rights and duties with respect to the children; stipulate provisions restricting the right of a disabled needy spouse to obtain maintenance; or contain other terms, which put one of the spouses into an extremely unfavorable situation or which contradict the fundamental principles of the family legislation.
