- •5B050900 Finance 050704 csse, 050703 Information Systems, 050602 Computer Science, 05b070400 Computer Science and Software engineer
- •5B050400 Journalism
- •Designed by __Maulenov k.S. Professor, Doctor of law
- •International information technology university
- •«Approved»
- •Iitu Rector
- •Academic program law in kazakhstan
- •5B050900 Finance 050704 csse, 050703 Information Systems, 050602 Computer Science, 05b070400 Computer Science and Software engineer
- •5B050400 Journalism
- •Developed by: Maulenov k.S. Professor, Doctor of law
- •Schedule
- •Syllabus
- •«Approved»
- •5B050900 Finance 050704 csse, 050703 Information Systems, 050602 Computer Science, 05b070400 Computer Science and Software engineer 5b050400 Journalism majors
- •Reference on Law in Kazakhstan discipline
- •For 2014 - 2015 academic year
- •Schedule
- •050507 Management, 5b050400 Journalism majors
- •1. Lectures - 15 hours
- •4. Siw in a class - 10 hours
- •International information technology university
- •5B050900 Finance 050704 csse, 050703 Information Systems, 050602 Computer Science, 05b070400 Computer Science and Software engineer
- •5B050400 Journalism
- •Instructor: k.S.Maulenov
- •List of assignments for siwic “Law in Kazakhstan” discipline (Total 30 hours)
- •List of increased complexity topics of assignments for siwic “Law in Kazakhstan” discipline (Total 30 hours):
- •5B050900 Finance 050704 csse, 050703 Information Systems, 050602 Computer Science, 05b070400 Computer Science and Software engineer
- •5B050400 Journalism
- •Content of academic complex for student
- •Methodical recommendations to make presentations on course “Law in Kazakhstan” (siw, siwic)
- •In dependence on method of influence to participants of financial relations:
- •Final Exam questions
- •Test Samples to study “Law in Kazakhstan” discipline
- •Glossary
In dependence on method of influence to participants of financial relations:
obligated – norms which are required to make definite actions, provide their obligations in the sphere of these relations;
prohibited – norms which are have the prohibition to make definite actions and provide the obligations of participants of financial relations to absent from such actions;
Authorized – norms which are provide rights of participants of financial relations to make definite independent actions in fixed limits.
material – they fix content of financial system, types and value of monetary obligations of the enterprises and citizens in front of the state and local autonomy, springs of formulating credit resources of the banks, types of expenses which are included to the budget and ex-budget national founds and others, h.e. they fix material (monetary ) content of the legal rights and obligations of participants of financial relations;
processing – norms which are fix order of the activity in the sphere of formulating, distributing and using national and local monetary founds (benefits). They required to follow provided procedures in this activity: terms, participants and other.
Specialties of the financial norms:
they have monetary character and contents measures of enforcement through monetary founds of offenders (directly or indirectly) – fines, forced taking monetary founds or stopping operations on the accounts of the bank, prohibition to make some operations;
these resources could be transmitted to the national chest;
These sanctions could be used to all participants of financial activity;
These sanctions could be used only by National bodies and their authorized bodies;
Contents rights restoration and penal elements.
Financial relations —well-regulated social relations by norms of the financial law. The subjects of these relations are carriers legal rights and obligations. These subjects are realizing directions in these norms to create distribute and use national and local monetary founds and benefits.
Subjects of financial relations could be physical persons (citizen, including foreigners and persons without citizenship) juridical persons (and organizations which do not have rights of juridical persons) and local creations.
Financial relations could not be created between physical persons (citizens) and juridical persons which have legal forms based on private property and also between these juridical persons.
They create in the process of planning creation, distribution and use national and local monetary founds and befits in the process of the financial activity of the state and bodies of the local autonomy;
They are variety of property relations which have public character and it created because of monetary founds;
The one of the sides of these relations always stands out the state and its authorized body and appropriate body of the local autonomy.
1) actions — legal facts which are the result of person’s desire. It could be legal or illegal;
2) events — circumstances which do not depend on person’s wills (death and birth of the persons, spontaneous disaster).
In the dependence of the structure of the financial system of RK we could use the following classification:
budget;
tax;
organization of national enterprise;
organization of national insurance;
others.
Labour and social providing law
Labour law is an aggregate of legal norms regulating labour relations of workers and employees and some other relations relevant to application of labour.
It regulates public relations arising during application of labour of workers and employees in the process of their collective working activity and also citizens working on the base of labour agreement.
This branch of law determines the order of acceptance for a job, move and discharge, length of working time, rate and forms of payment, binding rules on protection of labour, the order of settlement of labour disputes.
Special role belongs to trade-unions. They represent interests of workers and employees on production, labour and common life.
Trade-unions enter into appropriate relations with administration of an enterprise, an organisation on control over implementing labour legislation.
Labour Law regulates relations between state bodies controlling over protection of labour, performance of labour legislation, etc. For instance, protection of groups with special needs (with disabilities, infants and others), security, insurance.
Fundamental principles of Labour Law:
Right to labour/work. Constitution of the Republic of Kazakhstan, free choice of working place.
Important principle is social security for every citizen.
Maintenance of working order. Subordination, common order/rules, schedule. Rights Duties.
Protection of labour. Conditions meet requirements of security and hygiene, plus health protection. Right to rest. Special attention – infants and women.
Right on maternity provision in old age and in case of illness is guaranteed with social insurance of workers/employees, disability compensation, pensions, other forms of social security.
Lecture 8. Criminal Law
Definition of crime
Crime can be defined as a public wrong.
A crime may involve either the commission of a specific act of the omission or failure to act under certain circumstances.
Crimes (Common-law system)
Felonies Misdemeanors
Serious crimes not heavy
(Murder, rape, robbery)
jail sentences of small fines and/or
at least one year jail sentences
plus possible fines not exceeding one year
Typical crimes:
Larceny, or theft, is simply the unlawful taking of another person’s personal property with the intent of depriving the owner of his/her property.
Robbery, like larceny, involves the unlawful taking of personal property. However, robbery differs from larceny in that the unlawful taking involves the use of force, putting other persons in fear or injury. Thus, robbery is a more serious crime than larceny since it has the potential of physical harm to individuals.
Embezzlement differs from larceny in that the party charged with this crime had lawful possession of the money or property involved. However, the embezzler simply used the property or money for his/her own purposes.
Arson is willfully setting fire to and burning someone else’s building. Under most state statutes, arson now covers the burning of business buildings as well as dwellings. Plus - fraud against an insurance company.
Defrauding consumers by use of the mails. A crime to use the mails to solicit money for fraudulent purposes. False statements about products.
Defrauding consumers by using false labels, measures, and weights. Again, intention is a key factor in this crime. A simple mistake in weight or measurement is not a crime.
Forgery is the false or fraudulent making, or, the material alteration with the intent to defraud, of any writing which if it were genuine would be of legal effect and create legal liability.
Credit card fraud. Illegal or fraudulent use of stolen credit cards. The most common problem is the theft of credit cards and then the use of the stolen cards by the thief for two-three days until notice goes out to retailers that card is on a stolen list.
Computer crime. Computer-related crimes range from the theft of a computer program worth thousands of dollars to the use of computers to embezzle millions of dollars. Three general categories:
“theft of property” – involves the use of the computer by an insider to steal funds of property.
“computer-assisted fraud” – the insiders arre using the record-keeping capacity of the computer to swindle and cheat outsiders out of funds.
Theft of confidential information from the computer by an outsider.
Criminal liability of accountants. Particularly in connection with their failure to discover and report fraud by corporate officers or employees.
Commercial bribery. A corporation pays the bribe, makes illegal contributions.
You can fine a corporation, but you can not put it into jail.
Criminal liability of corporate executives. Managers, corporate directors and corporate officers whose decision caused the criminal act.
Legal procedure.
Legal proceedings In jurisprudence there is a division of the law on the substantive and procedural. Substantive rules of law designed to regulate the legal and procedural rules governing the protection of the substantive rules of the violations. Legal procedures regulating jurisdictional, ie, law enforcement process, which is in the form of law enforcement agencies specifically authorized by (the court, prosecution, police, etc.) in cases of crimes and other violations of law or in disagreement, ie, when the subjects of legal relations can not come to an agreement about their rights and responsibilities and go to court. Procedural law can be defined as a set (system) of law regulating the procedure, a form of jurisdictional law enforcement activities of the competent public authorities of the officials towards the implementation of the norms of the various branches of substantive law. Law enforcement in procedural law by means of law enforcement. The activities of state bodies and institutions encompasses many areas of public life. A central place in it is the task of ensuring law and order, protection of human rights and freedoms, protection of rights and lawful interests of public and private organizations, labor groups, combating crime and other offenses law enforcement and the rule of law specifically deals with a much smaller range of those that exist solely or mainly for such a role. They are usually called law enforcement authorities, ie bodies, which are designed to protect established by the Constitution of RK, other legislative and legal requirements of the order of life and activities of state and society in general. These areas (functions) should include: constitutional control, justice, organizational support of courts, prosecutor's supervision to identify and investigate crime; legal assistance and defense in criminal cases. In the field of law enforcement, the courts occupy an important place. Administration of justice or making a decision imposing a sentence, the court shall use rights, sells its powers, intruding into the sphere of rights and responsibilities of citizenship or legal persons.
Civil procedural legislation of the RK Civil procedural legislation of the RK regulates public relations arising in the administration of justice by the courts in addressing and resolving lawsuits and other cases assigned to their competence, by the imperative-discretionary method. Civil procedure consists of two parts: General and Special. Norms of the General Part of Civil Procedure contain the general rules of procedure. These standards are important in determining the order of civil proceedings. These include: civil procedure legislation, objectives and principles of civil procedure, jurisdiction of civil cases, the jurisdiction of civil cases, the court and challenges (rejection), a person involved in the case, representation in court, evidence and proof, court costs, enforcement action; procedural terms, notices and legal challenges, court settlement of property disputes. By a special section relevant to the particular stage of civil proceedings. These rules govern: proceedings in the court of first instance proceedings in revision of judicial decisions, rules governing the recovery of lost production and proceedings involving the subjects of a foreign law, rules on the execution of judicial decisions. The current CPC RK provides three types of civil litigation: claim; particular claim, particularly the clerks. The object of legal regulation of the principles of civil procedure is divided into organizational and operational and functional. Civil procedural legal relationships are divided into main, auxiliary and service and support.
Stages of Civil Procedure. The criterion for the stages of the civil process is usually singled out the following types of relations: the court of first instance - participants in the process, the appellate court - the participants of the process, the appeal court - participants in the process, the supervisory review court - participants in the process, the lower court - the higher courts. The subject of civil procedural law - the notion of an abstract. The subject of civil procedural legal - the concept of reality. Civil procedural legal subjects are divided into four groups: 1) The person administering justice - the courts (first instance, appeal, appellate and supervisory jurisdiction, judges, officers of the court (the presiding judge, the Chief Justice, Chairman of the Board of the relevant court, bailiff, the bailiff, court clerk, court clerk) ; 2) a person involved in the case and the independent claims in the matter in dispute, the third person is not independent claims in the matter of the dispute - the prosecutor, state agencies, local governments, organizations or individuals who come into the process on the grounds specified in Articles 56 and 57 CPC RK; 3) Applicants and other interested parties in cases before the court in the order of special proceedings (Article 289 CPC RK); 4) legal representatives - face to facilitate the administration of justice. The concept of the process is predetermined by the notion of material legal entities. Hand - this is real or alleged agents of the material relationship. Parties are responsible grounds peculiar to persons involved in the case, namely, have a legal interest in the outcome of the case, act in its own name and to protect their own interests, have the right to perform administrative actions are subject to the impact force of law and judicial decisions (or ) has determined that the dismissal of the case, have the statutory scope of procedural rights and obligations. An important among these features is the availability of legal interest. The specifics of the legal interest of the parties as participants in the disputed material relationship that the parties have the substantive law and procedural bias. Substantive interest is in obtaining or maintaining the benefits, about which the court rules. Under the procedural interest is to be understood that the outcome of the procedure and the resolution of the case, the attack is expected and is seeking participants in the proceedings by engaging in the process. Procedure for both parties related to the receipt of interest from a court decision that the dispute between the parties will be allowed. Legal interests of the parties are mutually exclusive and contradictory, because the parties are in dispute about the material rights and legitimate interests. Dispute on the right (financial disputable legal relationship), the subjects whose hand is in fact, is the subject of litigation. The court, allowing the issue of law between the parties, adjudicate or process is terminated before a determination on the termination of the proceedings in accordance with the will of the parties (in connection with the adoption of nolle prosequi, or with the approval of the settlement agreement). Thus, by making judgments is determined by the behavior (subjective rights and duties) of the former subjects of a civil dispute. Therefore, only the parties subject to the full implications of an enforceable court order.
Procedural and institutional control The importance of the issues addressed in the legal process requires the full rights of persons involved, the interests of the state and society is impossible without a strong, sustained compliance, enforcement of legal requirements by all stakeholders. These are the tasks directed system of procedural safeguards, ie, special legal means to ensure compliance with the law of all the proceedings, as well as the legality, validity and fairness of decisions. Procedural safeguards in its unity must ensure the protection of legitimate rights and interests of individual actors and the interests of the state and society in general. However, many safeguards and decide that, and another task (constitutional provision of equality before the law and the courts, the independence of judges and their subordinate only to the law, only the administration of justice by the court, etc.). Others are aimed primarily at protecting the interests of the accused (defendant) - The right to protection, the presumption of innocence, etc. It is also important that the procedural legal relations are bilateral and right on the one hand are always opposed to other duty. Therefore, securing in-law procedural rights of citizens, the State assumes the obligation to ensure their actual implementation. Especially important is the role of procedural controls over the activities of power endowed with law enforcement agencies. There are several kinds of procedural controls. Of these, the most significant importance is the judicial review. It is implemented in several forms: 1. The court considers the case at first instance (in all four types of legal process) and takes him on a final decision. At the same time checked the legality and validity of previous procedural decisions (for example, the investigator and an indictment in criminal cases, a protocol on violation of administrative procedure, etc.). The result can be accepted not only the decision on the merits (of acquittal, etc.), but also made a private ruling on the violation of law; 2. The court of appeals of various stakeholders and the prosecutor examines the case (criminal, civil, administrative) and detection of violations can also cancel the illegal decision and to make partial definition (resolution). This refers in particular to review cases on appeal supervisory, to consider complaints of violations of the terms for the accused in custody for a court decision and non-judicial bodies to impose administrative penalties, etc. There is a possibility of appeal to the court of citizen misconduct and decisions of public bodies and officials. A significant role in ensuring the rule of law plays a public prosecutor's supervision. Prosecutor's supervision is one of the areas of prosecutorial activities, in particular, Art. 1 of the Law of RK "On Prosecutor's Office," dated 21 December 1995 № 2709 noted that the prosecutor's office on behalf of the state shall supervise the legality of search activity, inquiry and investigation, administrative and executive. 1. Prosecutor supervises the legality of investigative activity of investigation and inquiry in criminal cases. However, his instructions that are given to the investigator or person conducting the inquiry, shall be binding (Article 35.38 of the Law "On Prosecution"). 2. He has the right to supervise the production of administrative matters (Article 40 of the Law "On Prosecution"). 3. The prosecutor has the right to make complaints about judicial decisions, judgments and definitions of civil, administrative and criminal cases. These protests are considered by higher courts (Article 19 of the Law "On Prosecution"). Has a definite value and institutional control. As an example we can point to the control of the superior authority of the Interior (police) the activities of those conducting the inquiry and lead production on administrative matters, as well as the verification authority of the Chief of Investigation Department with respect to the investigators. The peculiarity of the different control of other participants in the process of the actions of carrying out law enforcement. These bodies and their officials in cases specified by law obliged to explain to other people involved in the process of their rights: a detainee - in detention, the accused - when charged, convicted, after sentencing, and other participants of the process of explaining their right to appeal decisions and order their appeal. This can be done, particularly when read out of court decisions, except for those few occasions when they are final and not subject to appeal (for example, the Constitutional Council of RK). This provides an opportunity for all interested parties adequately protect their rights, including, as mentioned above, and the courts.
Preventive measures Depending on the nature of the crime, the behavior of the suspect, accused, there are various preventive measures. Preventive measures are: 1) under house arrest and appropriate behavior; 2)a personal guarantee; 3) transfer of military command under the supervision of a military unit; 4) The return of a juvenile under supervision; 5)security; 6)House arrest; 7)arrest. Under house arrest and proper conduct is to take away from the suspect, accused the body conducting the criminal process, a written commitment not to leave a permanent or temporary residence permit without an investigator or a court, not to hinder the investigation and hearing by the court at the appointed time to be challenges authority conducting the criminal process. Personal guarantee is to take over the trust faces a written commitment that they vouch for the proper conduct of the suspect or accused and their appearance when summoned by conducting the criminal process. The number of guarantors can not be less than two. Election as a preventive measure personal guarantee is permissible only upon the written request of the guarantors and the consent of the person against whom is given bail. Surety provides surety of personal subscriptions, in which he confirms that he explained the essence of the charges the person against whom he makes bail, vicarious liability, which consists in imposing monetary penalties on him in case of a suspect, accused of Action, which is used to prevent this measure restraint. Guarantor at any time of the criminal proceeding the right to refuse bail. In the case of a suspect, accused of Action for the prevention of which was used personal surety, the surety on each court can impose a monetary penalty of up to one hundred monthly calculation indices in the manner prescribed in the Criminal Code. Observation of the command of a military unit for the suspect, accused, is a military or military service, designed for training sessions, is to adopt measures under the statutes of the Armed Forces and Internal Troops of the ROK and capable of ensuring the proper conduct of the person and his appearance when summoned by conducting the criminal process. Command of military units reportedly on the merits by which elected the measure of restraint. On establishing the monitoring command of the military unit shall notify the Authority, who chose this measure of restraint. The return of a minor under the supervision of parents, guardians or other trustworthy persons, as well as administration of a special child care institution, where he is, is taking on any of these persons a written commitment to ensure the proper conduct of the juvenile and his appearance when summoned by charge of the criminal process. The return of a minor under the supervision of parents and others can only be on their written request. Collateral is money to be made by the suspect, accused or other person or entity into court to enforce the suspect, accused of responsibilities for attendance to the bodies of inquiry, investigation or in court for their call. As a mortgage can be taken with the permission of the prosecutor or the court other assets and real estate. Proving the value of collateral is assigned to the mortgagor. The amount of bail is determined by the person electing the measure of restraint, given the gravity of the charges, the identity of the suspect, accused, property of the pledger. The pledge does not apply to persons accused of committing serious crimes. The pledge applies only to a prosecutor or a court decision. The amount of bail can not be less than: a hundredfold amount of monthly payments index - a charge of committing a minor offense, three hundred-sized monthly index - a charge of committing the crime of careless moderate, five hundred folds of the size of monthly index - a charge of committing an intentional crime moderate ; thousandfold monthly index - a charge of committing a felony. Arrest as a preventive measure is applied only to the prosecutor or a court decision and only in respect of the accused (suspect) in the commission of premeditated crimes for which the law prescribes a penalty of imprisonment for a term exceeding two years, and in the commission of crimes of negligence, for which law punishable by imprisonment for a term exceeding three years. In exceptional cases, this measure can be imposed on the accused (suspect) in cases involving crimes for which the law prescribes a penalty of imprisonment for a term not exceeding two years, if: 1) he has no permanent residence in the territory of the Republic of Kazakhstan 2) do not have his identity, and 3) they violated the previously chosen a preventive measure, and 4) he tried to escape or has escaped from the prosecuting authorities or the court. Resolution of the arrest must be submitted to the prosecutor not later than six hours before the expiry of the detention. Decision on arrest as a preventive measure is subject to immediate review prosecutor within six hours from receipt of materials to the prosecutor.
Lecture 9. Ecological law
Environmental law - is an independent branch of Kazakhstan's law, which aims to explore the direction of state activity in the right environmental management and environmental protection. The subject of environmental law are the social relations in the sphere of interaction between society and nature. Ecological and legal control method is shown through the mandatory and permissive approaches to establishing the responsibilities and the legal status of legal subjects. The general part includes the concept of environmental law, subject, technique, principles, sources of environmental law, the ownership of natural resources, environmental law, government regulation and control ekologopolzovaniem and environmental protection, environmental monitoring, environmental assessment, environmental monitoring, responsibility for violation of environmental laws . In the special part of the institutions are environmental legal regime for the use and protection of natural resources. Classification of sources of environmental law: - Legal force: the laws and regulations; - In accordance with the Law on Normative Legal Acts (24.03.98g): Basic and derivatives; - On the subject of regulation: general and special; - By sector legislation (rules of the land, water, etc.); - The nature of legal regulation (substantive and procedural); - Content (integrated, environmental, natural Resources of, Protective functions); - In order of importance (major and minor). The Constitution of the RK and RK determine the total GC content and form of ownership of natural resources and other assets. The environmental legislation sets out specific features and forms of ownership of specific natural resources, and also features a mechanism for implementing the proprietary rights of land, water, minerals, etc. Subjects of the right of ownership of natural resources: the state, individuals, legal persons and executive bodies. Ekologopolzovanie divided into three main groups depending on the subject (general, special), depending on the actors (organizations and individuals), depending on the type of the exploited natural objects (land, forests, subsurface, etc.). Under the environmental means the use of mineral rights to properties of the environment - environmental, economic, cultural and recreational. Allocate general and specialized nature. Total natural resources does not require any special permission. It is carried out by the citizens of its own natural (human) rights, emerging and existing as a result of his birth and existence (the use of atmospheric air, water for drinking, household and therapeutic needs, etc.). Special environmental recognizes this, which is realized by citizens and economic entities on the basis of the authorization of the competent authorities of the state. It is targeted and the types of objects used in the divided land, subsoil, forests, water, wildlife use (wild animals and birds and fish stocks), the use of atmospheric air. Special nature linked with the consumption of natural resources. In this part of it relates to a legal regulation with the industry legislation prirodnoresursovym Land, Forest, Water Code, the Law on the Subsoil Law on Protection, Reproduction and Use of Animals, the Law on Air Protection. In the special nature of natural resources natural resources available in due course. The right of a special nature may be temporary or permanent, alienable or inalienable, acquired for consideration or free of charge, primary or secondary. For example, under Part 8 para 3 of Art. 107 of the Land Code in settlements to the total land are lands occupied and intended to engage in squares, streets, sidewalks, passages, roads, embankments, parks, urban forests, parkways, pools, beaches, cemeteries and other objects designed to satisfy needs of the population (water pipes, heating pipes, treatment plants and other engineering systems in common use). The principles of nature: derivation of rights of use, environmental management, ecosystem, intended use, sustainability of natural resources law; payment for environmental management. State regulation and control ekologopolzovaniem and the environment is expressed in three forms: legislative, enforcement and law enforcement. Management practices: mandatory, a recommendation, approval, permit. System of government regulation ekologopolzovaniya and the Environment: bodies of general jurisdiction, special jurisdiction agencies, authorities interdisciplinary competence, functional organs. The object of legal regulation of the state acts as nature (environment) and its individual elements - earth, minerals, water, etc., so you can say that the subject of the public relations about the nature or the environment. Types of environmental monitoring: the state, departmental, production, public. Forms of environmental management: an integrated, comprehensive, differentiated. Types of environmental impact assessment: state, social, scientific, regulatory, sanitary, legal. Monitoring of the environment includes the following elements: a system-wide service monitoring of the environment (national, territorial, regional, specialized agencies, positions, stations, observatory), the monitoring of natural objects. Environmental-liability is a comprehensive Institute for Environmental Law, which regulates legal relationships arising and relating to the application of sanctions for environmental violations between the authority competent to sanction and environmental offender. Types of environmental liability: criminal, administrative, civil, disciplinary, material.
Land law.
The subject land and the legal regulation are not all relations on earth, but only those which have an economic content. In these respects, the earth acts as the object of ownership and use, provides a universal spatial territorial basis of industrial and economic, social work, and in agriculture and forestry, the main means of production and condition. In spite of the multiplicity of land running the economic, social and other functions of its objective features suggest the need for comprehensive, coordinated the legal regulation of land relations. Contents of land relations depends on the types and forms of ownership of land held in public economic and social reforms, specific goals, objectives of land policy. Common law of the land consists of legal institutions, containing regulations that apply to the entire industry, which action covers all or most types of land tenure and at the same time it expresses the general interest and fundamental beginning, the fundamental provisions of land regulation. Based on the content of land legislation to include the general part of the institutions: property rights to land, rights of land use, land fund governance, protection of property rights and other rights to the ground of legal liability for the land of the offense; land process. The norms of the common institutions of the land rights are directly or indirectly - through institutions of the special part of the norm. The last they are specified, are detailed with a specific subject to regulation of land tenure issues. The special part of the land law is made up of institutions that define the legal regime for the use and protection of certain categories of land. In accordance with the law laid down in the categories of land allocated according to their main intended purpose, most often includes the following institutions that define the legal regime: the agricultural lands, land settlement, land industrial, transportation, communications, defense and other non-agricultural purposes, land protected natural areas of forest lands, lands of water fund, reserve land. Institutions reflect the specifics of the special part, the peculiarities of legal regulation of governance, land use and protection of each category of land. Methods of land rights: Mandatory method characterizes the regulation of land relations on the basis of power-mandatory when the legal effect comes only from the top of government, the position of subjects is determined by the relationship of subordination, the legal inequality of the parties. Permissive definition of a method characterized by general parameters of behavior of participants of land relations, legal equality of the parties, allowing them to freely and independently to regulate their relationships within the established limits. The method of land law is contained in most legal systems, directly determines the means, methods, and finally, the possibility of a legal impact on land relations is a core element of the backbone of the process of legal regulation, streamlining the process of land relations. System of principles of land law has a number of regulatory and functional properties: a) directly regulates land relations, and b) a means of overcoming gaps and contradictions in the regulation of specific land relationship, and c) determine the guidelines, is a guide for law-making and improving law enforcement, and d) provides systematic land-regulatory, and e) is a legal compliance indicator of the land policy of socio-economic interests of the subjects of land relations. Analysis of the current land law system allows you to emphasize the following principles: - Ownership of land; - Equality and equal protection of the public and private property in land; - The provision and use of land by right of land use; - Self-management on the land and the equal protection of the rights of subjects of land relations; - Integrated land use; - Government land fund; - Judicial protection of land rights, integrity, inviolable and inalienable territory of the Republic of Kazakhstan. - Land use management; - Proper use of land; - The priority of agricultural lands; - Public support for the use and protection of land; - Prevention of damage to the land; - The elimination of damage to the land; - Payment for land use; - Sustainability of land rights; - Availability of information on the state lands.
Appendix #4. Questions for control knowledge of students on “Law in Kazakhstan” discipline.
Mitderm #1 and #2.
1. What are the main features of state?
What is the name of the state explaining the priority of state power in the state and its outstate independence?
State sovereignty is –
What is the essence of a modern state?
Who is the only official representative of all society, all population united by the feature of citizenship?
Name one of the main futures of state?
Total absence of any power, state and law is –
What function must be the main in the civilized country?
Choose the internal function of the country.
Choose the external function of the country.
What methods does state use for the realization of its functions?
Who leads local executive body?
What bodies are referred to the representative and legislative power?
What bodies are referred to the executive power?
What RK bodies run justice?.
What principles of state bodies’ activity are in the Constitution of the RK?
Form of the RK structure.
What is the form of governing in the RK?
Secular state is –
What is the CIS form of structure?
Name the feature of legal state.
What are state powers subdivided into?
What spheres of man’s activity needs the governmental interference?
Technical norms are –
Social norms are –
Which of normative legal acts has the highest juridical force?
When was the acting Constitution adopted?
Name the element of legal norm which strengthens the rule of behavior by means of giving rights and obligations.
Name the element of legal norm which fixes measures of influence on a law breaker.
Name the element of legal norm which defines conditions and circumstances of legal norm acting and realizing.
Name the one of the main legal branch, which strengthens the structure and competence of state power high bodies, regulates main rights and freedoms of people.
33 Capability of a person starts at:
34 Duration of the week working hours for adults are:
35 Duration of the week working hours for adolescents from 16 – 18 are:
36 What body decides the question of citizenship acceptance in the RK?
37 The only source of state power in the RK is:
38 Sources of Law in the RK:
39 Subjective side of a crime is:
40 Name the bank of the first tie
41 General prosecutor is appointed by:
42 Normative – legal acts on Labor Law consist of:
43 Labor contracts can be concluded:
44 Labor book must be submitted within:
45 Point out the necessary document to the job:
46 Financial system includes the elements of:
47 Criminal liability for grave crimes starts from:
48 Labor treaties stipulate:
49 Political and legal connection of a person and a state which gives the bilateral rights and obligations:.
50 What body can resist a person in his capability?
