The Parents' Rights and Duties.

 

The rights and duties of parents and of children shall be based on the children's

descent, certified in the law-established order.

The parents shall enjoy equal rights and shall discharge equal duties with respect to

their children (the parental rights).

The parental rights stipulated by the present Chapter shall cease when the children reach the age of 18 years, and also when underaged children enter into a marriage and in other law-established cases when the children acquire full capability before they reach 18.

Kinds of parental rights

- The Rights of Underaged Parents

- The Parents' Rights and Duties in the Upbringing and Education of Children

- The Parents' Rights and Duties in Protecting the Rights and the Interests of Children

Exercising the Parental Rights

The exercising of the parental rights shall not be in contradiction with the children's interests. Providing for the children's interests shall be an object of their parents' principal care.

In exercising the parental rights, the parents shall not have the right to inflict a damage on the children's physical and mental health, or on their moral development. The methods of the children's upbringing shall exclude contempt, cruelty and rudeness in their treatment, humiliation of their human dignity, the abuse or the exploitation of the children.

The parents exercising parental rights to the detriment of the rights and the interests of the children shall be made answerable in the law-established procedure.

All the issues, involved in the children's upbringing and education shall be resolved by the parents by mutual consent, proceeding from the children's interests and taking into account the children's opinion. The parents (or one of them) shall have the right, if there exist differences between them, to turn for resolving these differences to the guardianship and trusteeship body, or to a court.

The place of the children's residence in case the parents live apart, shall be established by an agreement between the parents.

In the absence of an agreement, a dispute between the parents shall be resolved in court, proceeding from the children's interests and taking into account the children's opinion. In doing this, the court shall take into account the child's affection for each of his parents and for his brothers and sisters, the child's age, the moral and other personal features of the parents, the relations existing between each of the parents and the child, and the possibility to create optimal conditions for the child's upbringing and development (the parents' kind of activity and work regime, their material situation and family status, etc.).

 

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?

 

Topic.6 Basics of labor and social security law of the Republic of Kazakhstan.

Purpose: to acquaint with the concept of the labor law as a brunch of law.

 

Plan:

1Objective, tasks and Principles of the labor legislation of the Republic of Kazakhstan

2 Participants in labor relations. grounds for emergence of labor relations

3 The employment contract.

4 Internal labor regulations. Labor discipline.

5 The citizen’s right to pensions pursuant.