Topic 1 The main concepts about the state, the law and the state- legal phenomena

Topic 1 The main concepts about the state, the law and the state- legal phenomena

Purpose: to acquaint with the main concepts of the theory of the state and law.

 

Plan:

1 The state: the concept, the characteristic features and its functions.

2 The form of the state:

 - form of government;

- form of state structure;

- form of the political regime.

3 Form of state – the Republic of Kazakhstan.

4 The law: concept, features, system. Hierarchy of Kazakhstan legislation.

5Legal regulation: the concept, subject and method.

 

The state: the concept, the characteristic features and its functions.

The state is a unified political organization of society which extends the power to all territory of the country and its population, enacts binding commands for all, has for this purpose administrative machinery and possesses the sovereignty.

Characteristic features of the state

- sovereignty

 - people

- territory

 - state symbols

 - taxes and levies

 - citizenship

 - enforcing authorities

 - state apparatus

 - laws

       Sovereignty maybe defined as the supreme power of the state to command and enforce obedience to its will from the people within its jurisdiction corollary to have freedom from foreign control.It may be internal (power of the state to rule within its territory) and external (the freedom of the state to carry out its activities without subjection to or control by other states).

       People – the mass of population living within the state.

Territory – demarcated area that rightly belongs to the population.

State Symbols represent the cultural heritage and natural treasures
of each state. Usually there are represented in the forms of flag, emblem and anthem.

Taxes – obligatory monetary payments to the budget as established by the state through legislation in a unilateral procedure, except for the cases specified in this Code, which are paid in certain amounts, which are irrevocable and non-refundable. Levies are the other obligatory payments to the budget (for ex. registration levies, levy from auctions).

Citizenship denotes the link between a person and a state or an association of states. It is normally synonymous with the term nationality although the latter term may also refer to ethnic connotations. Possession of citizenship is normally associated with the right to work and live in a country and to participate in political life. A person who does not have citizenship in any state is said to be stateless

Enforcing authorities. The term " enforcing authorities " in the functioning legislation does not meet. But usually it means the set of government authorities, law enforcement agencies and courts.

The laws are the set of the regulatory enactments

 

                                 Functions of the state

Internal functions

• a) protection of the rights and freedoms of the person and citizen;

• b) protection of forms of ownership;

• c) providing law order;

• d) the ecological (environmental);

• e) the economic;

• e) the social;

• g) development of scientific- and- technical progress;

• h) taxation.

•

External functions

• a) conducting aggressive wars (annexation wars);

• b) protection of the country against attack from the outside, defence of country;

• c) peacekeeping;

• d) mutually advantageous trade;

• e) the decision together with other states of world problems.

 

The form of the state

The form of the state is the structural organization of society expressed in the form of government in the form of state structure and in the form of a political regime.

Form of government – it is structure of the highest agency of state power, the order of their creation and distribution of powers between them.

A monarchy is a form of government in which sovereignty is actually or nominally embodied in a single individual (the monarch).^[1]

Absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government; his or her powers are not limited by a constitution or by the law.

Constitutional monarchy (or limited monarchy)^{[ citation needed ]} is a form of government in which a monarch acts as head of state within the guidelines of a constitution, whether it be a written, uncodified, or blended constitution.

Dual monarchy occurs when two separate kingdoms are ruled by the same monarch, follow the same foreign policy, exist in a customs union with each other and have a combined military but are otherwise self-governing. The term is typically used to refer to Austria–Hungary, a dual monarchy that existed from 1867 to 1918.

A Parliamentary monarchy is a state headed by a monarch who is not actively involved in policy formation or implementation (i.e., the exercise of sovereign powers by a monarch in a ceremonial capacity); true governmental leadership is carried out by a cabinet and its head - a prime minister, premier, or chancellor - who are drawn from a legislature (parliament).

A republic is a form of government in which the country is considered a "public matter" (Latin: res publica), not the private concern or property of the rulers, and where offices of state are subsequently directly or indirectly elected or appointed rather than inherited. In modern times, a common simplified definition of a republic is a government where the head of state is not a monarch.

A parliamentary republic or parliamentary constitutional republic is a type of republic which operates under a parliamentary system of government where the executive branch (the government) derives its legitimacy from and is accountable to the legislature (the parliament). There are a number of variations of parliamentary republics. Most have a clear differentiation between the head of government and the head of state; with the head of government holding real power, much like constitutional monarchies. Some have fused the roles of head of state and head of government, much like Presidential systems, but with a dependency upon parliamentary power.

For the first case mentioned above, in particular, the form of executive-branch arrangement is distinct from most other parliamentary and semi-presidential republics which separate the head of state (usually designated as the "president") from the head of government (usually designated as "prime minister", "premier" or "chancellor") and subject the latter to the confidence of parliament and a flexible tenure in office while the head of state lacks either dependency, and investing either office with the majority of executive power.

A presidential republic is a system of government where an executive branch is led by a person who serves as both head of state and head of government. That person is usually elected and titled "president". In a presidential system, the executive branch exists separately from the legislature, to which it is not responsible and which it cannot, in normal circumstances, dismiss.

There are mixed (parliamentary- and -presidential) republics (for ex. Portugal) in which the government is formed by in common the president and parliament.

Form of state structure – the administrative- and- territorial structure of the state characterizing relationship between central and local state authorities.

A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions (subnational units) exercise only powers that their central government chooses to delegate. The great majority of states in the world have a unitary system of government.

Unitary states are contrasted with federal states (federations):

In a unitary state, subnational units are created and abolished and their powers may be broadened and narrowed, by the central government. Although political power in unitary states may be delegated through devolution to local government by statute, the central government remains supreme; it may abrogate the acts of devolved governments or curtail their powers.

A federation (Latin: foedus, foederis,), also known as a federal state, is a political entity characterized by a union of partially self-governing states or regions united by a central (federal) government. In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, are typically constitutionally entrenched and may not be altered by a unilateral decision of the latter.

The governmental or constitutional structure found in a federation is known as federalism. It can be considered the opposite of another system, the unitary state.

A confederation (or confederacy), in modern political terms, is a permanent union of political units for common action in relation to other units.^[1] Usually created by treaty but often later adopting a common constitution, confederations tend to be established for dealing with critical issues (such as defense, foreign affairs, or a common currency), with the central government being required to provide support for all members.

Form of the political regime – set of methods and ways of exercising of the state power.

A democratic regime refers to a democratically elected government. It is a form of government whose representatives acquired their mandate and power from the people either directly through a referendum or through their democratically elected representatives.

Democracy is a form of government in which all eligible citizens have an equal say in the decisions that affect their lives. Democracy allows eligible citizens to participate equally—either directly or through elected representatives—in the proposal, development, and creation of laws. It encompasses social, economic and cultural conditions that enable the free and equal practice of political self-determination.

The antidemocratic regime has some types: tyranny, totalitarianism,  fascism etc. The antidemocratic regime has some features:

a) domination of one political party;

b) existence of one official ideology;

c) as a rule, domination of one form of ownership;

d) minimizing or elimination of any political rights and freedoms;

e) stratification of society onto classts, estates and castes;

e) low economic level of the peoples" life;

g) emphasis on punitive measures and concussions;

h) aggression in foreign policy, etc.

The legal state is the organization of the political power, creating conditions for the fullest ensuring the rights and freedoms of the person and the citizen, and also for the consecutive restriction by means of the law of the government for prevention of offenses.

Features of the legal state:

rules of law (supremacy of law),

supremacy of the constitution,

division of the powers (authorities),

increase of a role of the court,

the advanced civil society,

security of the rights and freedoms of citizens

 

Subject of legal regulation

Law should not and can not regulate all social relations and social networks all people. Therefore should be precisely defined scope of legal regulation, that is, the links that need to be addressed right.

The scope of legal regulation should include relations with the following features:

- They are a reflection of both the individual interests of the members of society and the general social interests;

- They realized the mutual interests of the participants, each of which goes to a denial of their interests in order to satisfy both;

- They are based on an agreement to fulfill certain rules to be bound by these rules;

- They require compliance, the obligation of which supported a viable force

These features correspond to three groups of public: relations:

1) the relationship of people to share material and spiritual values ​​(property);

2) the relations between the imperious management of society (the state management of social processes);

3) the relationship to the rule of law (intended to ensure normal processes exchange of values ​​and management processes in the society). These relationships arise from a breach of the rules of behavior of people in the two areas.

Public relations, members of these groups are the subject of legal regulation, because by its nature can resist regulatory organizational impact and require legal regulation.

The nature and content of public relations depend features, character, ways and means of regulation.

Such a nature and type of social relations determine the severity of the legal regulation (breadth of legal action, the degree of binding legal regulations, forms and methods of law enforcement, the degree of detail in the requirements, the strength of legal influence on social relations).

The Inviolability of Judges

A judge may not be arrested, taken into custody, subjected to administrative punishments imposed in the judicial procedure, or charged with criminal liability without the consent of the President of the Republic of Kazakhstan, based on the opinion of the Supreme Judicial Council of the Republic, and in the case stipulated by Article 55.3) of the Constitution, without the consent of the Senate of the Parliament of the Republic of Kazakhstan, except for cases of detention at the scene of the crime or the commission of a serious crime. Inviolability of the judge shall include inviolability of his/her personality, property, private premises and offices, both personal and office vehicles used by him/her, documents belonging to him/her, luggage and other property.

 A criminal case against a judge may be initiated only by the General Prosecutor of the Republic of Kazakhstan. Special investigative measures against a judge may be initiated only by sanction of prosecutor.

Judge’s retirement

A special form of termination of the judge's powers having an impeccable reputation, retaining the judicature, remaining a member of the judicial community, reserving the guarantees of personal inviolability and other material and social guarantees stipulated by this Constitutional Law shall be recognized the resignation.

 

C ontrol questions:

1 What do you know about the 1-st history stage of thejudicial systemof the Republic of Kazakhstan?

2 What do you know about the 2-nd history stage of thejudicial systemof the Republic of Kazakhstan?

3 What do you know about the 3-rd history stage of thejudicial systemof the Republic of Kazakhstan?

4 What do you know about the 4-th history stage of thejudicial systemof the Republic of Kazakhstan?

5 What do you know about the 5-th history stage of thejudicial systemof the Republic of Kazakhstan?

6 What is a concept of the j udicial system of the Republic of Kazakhstan?

7 What judicial levels of the j udicial system of the Republic of Kazakhstan do you know?

8 What kinds of judicial instance do you know?

9 What are the main characteristics of the Kazakhstan district courts and courts equivalent to them?

10 What are the main characteristics of the Kazakhstan oblast courts and courts equivalent to them?

11 What are the main characteristics of the Kazakhstan Supreme court?

12 What are the main features of the legal status of judges in the Republic of Kazakhstan?

The international treaties of the Republic of Kazakhstan shall be directly applied toward the relations, indicated in Items 1 and 2 of Article 1 of the Civil Code of the Republic of Kazakhstan, with the exception of the cases, when it follows from the international treaty that for it to be applied, a special intra-state act shall be issued. If the rules, laid down in the international treaty of the Republic of Kazakhstan, differ from those stipulated by the civil legislation, the rules of the international treaty shall be applied.

The civil- law relations shall also be regulated by the customs business turnover. The custom of the business turnover shall be recognized as the rule of behavior, which has taken shape and is widely applied in a certain sphere of business activities, and which has not been stipulated by legislation, regardless of whether it has or has not been fixed in any one document. The customs of the business turnover, contradicting to the provisions of legislation or to the agreement, obligatory for the participant in the given relationship, shall not be applied. 

Chief principles of the civil legislation of the Republic of Kazakhstan.

The civil legislation shall be based on recognizing the equality of participants in the relationships regulated by it, the inviolability of property, the freedom of agreement, the inadmissibly of anybody's arbitrary interference into the private affairs, the necessity to freely exercise the civil rights, the guarantee of the reinstatement of the civil rights in case of their violation, and their protection in the court.

The citizens (natural persons) and the legal entities shall acquire and exercise their civil rights of their own free will and in their own interest. They shall be free to establish their rights and duties on the basis of an agreement and to define any terms of the agreement, which are not in contradiction with legislation.

The commodities, services and financial means shall move unhindered throughout the entire territory of the Republic of Kazakhstan. Restrictions on the movement of commodities and services shall be imposed in conformity with the republic law, if this is necessary to provide for security, and to protect the human life and health, the environment and the cultural benefits.

 

Control questions

1 What is a subject of civil law?

2 What are the features of civil-law method?

3 What does the “legal personality” mean?

4 When does the legal capacity arise and stop?

5 What is the active capacity and what are its varieties?

6 What is a concept of the legal entity?

7 What are the features of the legal entity?

8 What are the organizational-legal forms of commercial legal entities?

9 What are the organizational-legal forms of non-profit legal entities?

10  What is a property as legal category?

11 What is the content of right of ownership?

12 What are the grounds for the accusation of the right of ownership?

13 What are the grounds for the cessation of the right of ownership?

14 What does a common property mean?

 

 

Control questions

1 What is the concept of the family law?

2 What is the subject of the family law?

3 What are the features of the method of the family law?

4 What are the chief principles of the family law?

5 What are the terms of entering into a marriage?

6 What is the procedure for entering into a marriage?

7 What does the “termination of the marriage” mean?

8 What are the main features of the legal regime of the spouses' property?

9 What are the main features of the contractual regime of the spouses' property?

10 What is the marriage contract?

11 What are the main parents' rights?

12 What are the main parents' duties?

 

The employment contract.

 

Under an employment contract, the employee fulfils work (labour function) in accordance with his qualifications for a remuneration and observes the labour regulations, while the employer provides working conditions, pays the employee his wages in a timely manner and in full and makes other payments envisaged by the labour legislation of the Republic of Kazakhstan, the employment contract, the collective bargaining agreement, and agreement between the parties.

Guarantees of equal rights and opportunities on conclusion

of the employment contract

1. It is prohibited to violate equality of rights and opportunities in concluding an employment contract.

2. Pregnancy, the existence of children up to the age of three years, being under age, and disability may not restrict the right to conclude an employment contract, with the exception of cases envisaged by Labor Code. At the demand of the categories of people indicated in the first paragraph of this clause, the employer shall notify the reason for refusal in writing.

3. On establishment of a fact of violation of equality of rights and opportunities in concluding an

employment contract, the employer shall bear the liability established by the laws of the Republic of Kazakhstan.

The distinction between an employment contract and other types of agreement

The features distinguishing an employment contract from other types of agreement consist in inclusion of the following conditions:

1) performance by the employee of work (labour function) according to specific qualifications,

speciality, profession or position;

2) performance of obligations personally in observance of the internal labour regulations;

3) receipt by the employee of a wage for labour.

Content of the employment contract

1. The employment contract shall contain:

1) the details of the parties: full name, including patronymic (if indicated in the identity document) of an individual employer, his permanent residential address, the name, number and date of issue of his identity document, and taxpayer’s registration number; full name of a legal entity employer and its location, the number and date of state registration of the legal entity employer, and taxpayer’s registration number; full name, including patronymic (if indicated in the identity document) of the employee, name, number, and date of identity document; individual identification number, taxpayer registration number, individual social code;

2) the job according to a certain speciality, qualifications or position (labour function);

3) place of job performance;

4) term of the employment contract;

5) job starting date;

6) working time and rest time regime;

7) amount and other conditions of labour compensation;

8) description of the working conditions, guarantees and benefits, if the job involves heave work and (or) is performed under harmful (particularly harmful) and (or) hazardous conditions;

9) rights and obligations of the employee;

10) rights and obligations of the employer;

11) procedure for amending or terminating the employment contract;

12) guarantees and compensation payments, the procedure for their payment;

13) insurance conditions;

14) responsibility of the parties;

15) date of conclusion and contract number.

2. On agreement between the parties to the employment contract, other conditions may be included that do not contravene the legislation of the Republic of Kazakhstan.

3. Provisions of an employment contract that create a worse position for employees than that stipulated by the labor legislation of the Republic of Kazakhstan shall be recognised as null and void.

An employment contract may be concluded:

1) for an indefinite period;

2) for a specific period of not less than one year, apart from cases established by Labor Code.

Procedure for conclusion, amendment and supplementation

of the employment contract

An employment contract shall be concluded in written form in at least two copies and shall be signed by the parties. One copy of the employment contract shall be kept by the employee and one by the employer. Receipt by the employee of a copy of the employment contract shall be confirmed in writing.

Introduction of amendments and supplements to the employment contract, including for transfer to a different job, shall be made by the parties in writing in the manner envisaged by clause 1 of this article. A proposal to amend the terms and conditions of the employment contract shall be submitted by one of the parties to the employment contract in written form and shall be considered by the other party within a period of seven calendar days of its submission.

An employment contract with officials on an organisation’s executive body shall be concluded by the owner of the property of the organisation or by a person or body authorised thereby in the manner established by the constituent documents of the organisation.

The grounds for termination of the employment contract are:

1) cancellation of the employment contract by agreement between the parties;

2) expiry of the term of validity of the employment contract;

3) cancellation of the employment contract on the initiative of the employer;

4) cancellation of the employment contract on the initiative of the employee;

5) circumstances beyond the will of the parties;

6) withdrawal by the employee from the labour relations;

7) transfer of the employee to an elected job (position) or his appointment to a position excluding the possibility of continuation of the labour relations, apart from cases envisaged by the laws of the Republic of Kazakhstan;

8) violation of the terms and conditions for conclusion of the employment contract;

9) grounds envisaged in the employment contract concluded with the head of the employer’s executive body.

 

Control questions

1 What is the objective of the labor legislation?

2 What are the tasks of the labor legislation?

3 What are the chief principles of the labor legislation?

4 What kinds of participants of labor relations do you know?

5 What kinds of grounds for emergence of labor relations do you know?

6 What is the content of the employment contract?

7 What is the distinction between an employment contract and other types of agreement?

8 What is the procedure for conclusion of the employment contract?

9 What is the procedure for amendment of the employment contract?

10 What is the procedure for supplementation of the employment contract?

11 What disciplinary sanctions do you know?

12 What is the procedure for applying disciplinary sanctions?

13 What is the procedure for appealing against disciplinary sanctions?

14 What are the main features the citizen’s right to pensions pursuant?

 

The Rights of the Taxpayer

The taxpayer shall have the following rights:

1) to receive from the tax authorities information on present taxes and other obligatory payments to the budget, on changes in the tax legislation of the Republic of Kazakhstan, explanations in respect of the procedure for completion of tax forms;

2) to represent own interests in the relations, which are regulated by the tax legislation of the Republic of Kazakhstan, personally or through own representative or with participation of a tax consultant;

3) to receive results of tax supervision in cases established by Tax Code;

4) to receive free of charge from the tax authority the standards of rendering of state services approved in accordance with the procedure established by the Legislation of the Republic of Kazakhstan, sheets of the established forms of tax applications and (or) software, which is necessary to present tax reports and application in the electronic format;

5) through an application, to receive from the tax authority duplicates of the tax reports, which were previously presented by the taxpayer;

6) to present to the tax authorities explanations in respect of the assessment and payment of taxes and other obligatory payments to the budget according to the results of tax supervision;

7) not later than in two working days from the time of receipt by the tax authority of a tax application, to receive an excerpt from the personal account concerning the status of settlements with the budget in respect of the fulfilment of the tax obligation, as well as the obligations on the assessment, withholding and transfer of obligatory pension contributions, the calculation and payment of social assessments;

8) to receive, by using a tax application, in the procedure for, and within the deadlines of, as established by Tax Code the following types of certificates: a certificate concerning the absence of tax arrears, arrears of obligatory pension contributions and social assessments; a certificate concerning the absence (presence) of tax arrears, arrears of obligatory pension contributions and social assessments; a certificate on amounts of income received by the non-resident from sources in the Republic of Kazakhstan and withheld (paid) taxes;

9) to receive information on details which are necessary to complete a payment document, for the purposes of fulfilling the tax liability of payment of taxes and other obligatory payments to the budget, as well as information on the procedure for payment of taxes and other obligatory payments to the budget within one working day from the time of applying to the tax authority for said information;

10) to appeal in accordance with the procedure established by Tax Code and other legislative acts of the Republic of Kazakhstan a notice concerning results of the tax audit and (or) a decision of a higher tax authority, which was passed according to results of the consideration of the complaint against the notice, as well as acts (omission) of officials of the tax service authorities;

11) to demand observance of tax secrecy;

12) etc.

Obligations of the Taxpayer

The taxpayer shall be obliged as follows:

1) to fulfil timely and in full volume the tax liability in accordance with this Code;

2) to fulfil other lawful requirements of officials of the tax service authorities concerning the removal of exposed violations of the tax legislation of the Republic of Kazakhstan, as well as not to hinder lawful activities where they perform official functions;

3) on the basis of an injunction, to admit officials of the tax service authorities to examine assets, which are a taxable item and (or) an item related to taxation;

4) to disclose information and other documents specified by the legislation of the Republic of Kazakhstan concerning transfer pricing;

5) to apply cash registers and to observe the procedure for their application established by Tax Code;

6) to file with the tax authority a tax application for conducting of a documentary audit in connection with the cessation of business activities of the individual businessman (except for the cases established by Tax Code), of the activity of private notary, private officer of justice, of advocate, of permanent establishment, non-resident legal person, reorganisation by division and (or) liquidation of the legal person;

7) to inform the tax authorities about the forthcoming receipt of excisable goods (other than motorcars) to be imported from the states –members of the Customs Union in accordance with the procedure established by the Government of the Republic of Kazakhstan.

The taxpayer shall perform other obligations stipulated by Tax Code.

Other o bligatory p ayments

- Registration levies

- The levy for the passage of transport vehicles through the territory of the Republic of Kazakhstan

- Auction levy

- The licensing levy for the right to engage in certain types of business

- The levy for issuing permits for the use of radio-frequency spectrum by television and radio-broadcasting organizations

- The levy for the use of land plots

- The levy for the use of water resources from surfa ce sources

- The levy for discharges into the environment

- The levy for the use of wild life

- The levy for the use of forests

- The levy for the use of especially-protected natural territories

- The levy for the use of the radio-frequency spectrum

- The levy for providing long-distance and (or) international telephone, and also cellular communications

- The levy for the use of navigable waterways

- The levy for the placement of outdoor (visual) advertisements

- State duty.

 

Control questions

1 What are the main concepts of certainty of taxation?

2 What are the main principle of certainty of taxation?

3 What are the main rights of the taxpayer?

4 What are the main obligations of the taxpayer?

5 What does the “tax service authorities” mean?

6 What are the objectives of the tax service authorities?

7 What is the structure of the tax service authorities?

8 What kinds of taxes do you know?

9 What kinds of obligatory payments do you know?

10 What does the “taxes” mean?

11 What does the “obligatory payments” mean?

 

Types of land use rights

 Land-use right may be temporary or permanent, alienable or inalienable, acquired for consideration or gratuitously.
   No one shall be deprived of land use rights except on grounds established by Land Code and other legislative acts of the Republic of Kazakhstan.

                                                The subjects of land use rights
Land users are divided into:
1) public and private;
2) national and foreign;
3) natural and legal persons;
4) permanent or temporary;
5) primary and secondary.

                                             The emergence of land-use rights
Land-use right arises by:
1) granting land use rights;
2) the transfer of land use rights;
3) the transfer of land by way of universal legal succession (inheritance, the reorganization of legal entities).
Assignment, transfer and transfer land use rights must take into account the purpose of land.
Land-use right arises on the basis of:
1) acts of governmental bodies;
2) civil transactions;
3) other reasons stipulated by the legislation of the Republic of Kazakhstan

The right of permanent use

On the right of permanent use granted land in the following state land:
1) entities that owns the buildings (constructions) placed in the objects of the condominium on the right of economic management or operational management;
2) legal persons engaged in agricultural and forestry production, as well as for research, experimental and educational purposes;
3) legal persons engaged in land use on the lands of specially protected natural areas;
4) in other cases stipulated by legislative acts of the Republic of Kazakhstan.
2. The right of permanent land can not belong to a foreign land users.
                          The right of temporary land use
Land can be granted to citizens and legal entities on the right of temporary paid land-use (lease) or the right of temporary grant of land use.
The right to grant temporary land granted for a period of 5 years unless otherwise prescribed by Land Code and laws of the Republic of Kazakhstan.
Interim paid land-use right may be short (up to 5 years) and long-term (5 to 49 years).
Deadline for temporary land use rights shall be established taking into account grants rights to the land, its purpose and zoning.
Termination of the executive bodies of temporary land use contracts unilaterally, except as provided in Land Code, as well as in cases where the termination order specified in the treaty itself, is not allowed.

Categories of land

Land Fund of the Republic of Kazakhstan in accordance with the purpose divided into the following categories:
1) agricultural land;
2) land settlements (cities, towns and villages);
3) land for industry, transport, communications, defense and other non-agricultural purposes;
4) land protected areas, land, health, recreational, historical and cultural destination;
5) forest land;
6) ground water resources;
7) reserve lands.

Agricultural lands are lands granted for agricultural purposes, or intended for these purposes.

Land plots allocated for the development of cities, towns, villages, towns and other settlements belong to the category of land settlements.

Lands of industry, transport, communication and other non-agricultural purposes are lands granted by this Code and other legislative acts of the Republic of Kazakhstan citizens and legal persons for the relevant purpose.

Lands Protected areas are lands of state natural reserves, national natural parks, state natural reserves, national regional natural parks, public zoological parks, public botanical gardens, public parks and public dendrological natural monuments.

Lands recreational purposes include resorts, possessing natural medicinal factors, as well as land, favorable for the organization of prevention and treatment.

Recreational lands are lands that are intended and used for organized public recreation and tourist population.

Lands of historical and cultural value are recognized land under the objects of historical and cultural heritage, including historical and cultural monuments.

Lands of forest fund are recognized land covered with forests, and not covered with forest, but provided for the needs of forestry.

Water fund lands are lands occupied by water bodies (rivers and equal to them canals, lakes, reservoirs, ponds and other inland waters, territorial waters), glaciers, wetlands, water management facilities to control runoff, located on a water source, as well as the land allocated under riparian strip these bodies of water and sanitary zones of water intakes of drinking water.

Reserve lands are all lands not granted to property or land under the jurisdiction of the district executive.

 

GENERAL PART

Section 2. Licensing of Environmental Protection-Related Activities; Environmental Regulation; Technical Regulation of Environmental Protection; Environmental Impact Assessment; Environmental Review; Environmental Permits; and Environmental Audit

Chapter 4 Environmental Regulation

Chapter 5. Technical Regulation in Environmental Protection

Chapter 6. Environmental Impact Assessment

Chapter 7. Environmental Review

Chapter 8. Environmental Permits 

Chapter 9. Environmental Audit 

SPECIAL PART

Control questions

1 What is the concept of land legislation?

2 What are the main principles of land legislation?

3 What are the tasks of land legislation?

4What is the content of ownership of the land?

5 What is the concept of “land-use right”?

6 What are thetypes of land use rights?

7 What are the subjects of land use rights?

8What does the “right of permanent use” mean?

9 What does the “right of temporary land use” mean?

10 What categories of land do you know?

11 What relationship regulated by environmental code do you know?

12 What are the fundamental principles of the environmental legislation?

13What is the structure of the Environmental code of the Republic of Kazakhstan?

Categories of a crime

1) Deliberate acts, for the commission of which the maximum punishment stipulated by the Criminal Code does not exceed two years of deprivation of freedom, shall be categorised as crimes of lesser gravity, as well as negligent acts for which the maximum punishment stipulated in the Criminal Code does not exceed five years of imprisonment.

2) Deliberate acts for the commission of which the maximum punishment stipulated in the Criminal Code does not exceed five years of deprivations of freedom, shall be categorised as crimes of medium gravity, as well as negligent acts for which punishment is stipulated in the form of imprisonment for a period of more than five years.

 3) Deliberate acts for the commission of which the maximum punishment stipulated in the Criminal Code does not exceed twelve years of imprisonment shall be categorised as grave crimes.

4)  Deliberate acts for the commission of which the Criminal Code stipulates punishment in the form of imprisonment for a period of more than twelve years or capital punishment, shall be categorised as especially grave crimes.

 

Types of Punishment

 Persons who were found guilty in the commission of a crime may be subject to the following types of basics punishment:

a) a fine;

b) deprivation of the right to hold a certain office, or to engage in certain activity;

c) engagement in public works;

d) correctional labour;

e) restriction in military service;

f) restriction of freedom;

g) arrest;

h) detention in a disciplinary military unit;

i) deprivation of freedom;

j) capital punishment.

Aside from main types of punishment, convicts may be subjected to the following additional types of punishment:

a) deprivation of a special, military, or honorary rank, class rank, diplomatic rank, or qualification class, and state awards;

b) confiscation of property.

A fine and deprivation of the right to hold a certain position, or to engage in a certain type of activity and attraction to public labour, may be applied either as basics or additional types of punishment.

 

Types of crime

1 Crimes Against a Person (A Murder, Driving Someone to Suicide, Torture, Deliberate Causation of Serious Damage to Health etc.)

2 Crimes Against the Family and Juveniles (Substitution of a Child, Involvement of a Juvenile in Criminal Activity, Divulgation of Secret of Adoption ettc.)

3 Crimes Against the Constitutional and Other Rights and Freedoms of a Man and a Citizen (Violation of Equality of Citizens, Divulgation of a Medical Secret, Violation of Labour Legislation etc.)

4 Crimes Against Peace and Safety of Mankind (Genocide, Ecocide, Employment of Mercenaries etc.)

5 Crimes Against the Basis of the Constitutional Order and the Safety of the State (High Treason, Espionage, Armed Insurrection, Sabotage etc.)

6 Crimes Against Property (Theft, Fraud, Robbery, Extortion etc.)

7 Crimes in the Sphere of Economic Activity (Illegal Entrepreneurship, Illegal Banking Activity, Fraudulent Entrepreneurship, Economic Contraband, Illegal Use of a Trade Mark etc.)

8 Crimes Against the Interests of the Employer in Commercial and Other Organisations (Abuse of Authority, Bribe in a Commercial Context, Dishonest Attitude Towards Obligations etc.)

9 Crimes Against Public Safety and Public Order (Terrorism, Seizure of a Hostage, Banditism, Piracy etc.)

10 Crimes Against the Health of the Population and Morality (Stealing or Extortion of Narcotic or Psychotropic Substances, Violation of Sanitary-Epidemiological Rules, Drawing into Prostitution etc.)

11 Ecological Crimes (Pollution of the Atmosphere, Spoiling of Land, Illegal Hunting etc.)

 (Abandoning a Place of a Traffic Accident, Violation of Rules Existing on Transport, Damaging or Destruction of Pipelines etc.)

Control questions

1 What is the concept of a crime?

2 What are the categories of a crime?

3 What does the “crimes of lesser gravity” mean?

4 What does the “crimes of medium gravity” mean?

5 What does the “grave crimes” mean?

6 What does the “especially grave crimes” mean?

7 What is the concept of complicity in a crime?

8 What is the concept of punishment?

9 What are the purposes of punishment?

10 What are the types of punishment?

11 What types of crimes do you know?

Court

- The court, being a body of judicial branch, shall dispense justice with regard to criminal cases.

Control questions

1 What are the general provisions of the civil procedure of the Republic of Kazakhstan?

2 What are the persons taking part in the civil procedure?

3What are the main rights of the persons taking part in the case?

4 What are the main duties of the persons taking part in the case?

5 What are the assignments of the criminal procedure?

6 What are the principles of the criminal procedure?

7 What are the main features of the legal status of the court, as participant of criminal procedures?

8 What are the main features of the legal status of state bodies and official persons, who perform the functions of criminal prosecution?

9 What are the main features of the participants of the procedure, who protect their rights and interests or the represented rights and interests?

10 What are the main features of the other persons who participate in criminal procedures?

 

 

Topic 1 The main concepts about the state, the law and the state- legal phenomena

Purpose: to acquaint with the main concepts of the theory of the state and law.

 

Plan:

1 The state: the concept, the characteristic features and its functions.

2 The form of the state:

 - form of government;

- form of state structure;

- form of the political regime.

3 Form of state – the Republic of Kazakhstan.

4 The law: concept, features, system. Hierarchy of Kazakhstan legislation.

5Legal regulation: the concept, subject and method.