ТОП 10:

Legal grounds for the foster care



the special legal structure underlying emergence of legal relationship between reception parents both adopted children, on the one hand, and bodies of guardianship and guardianship, with another. The foster home is formed on the basis of the contract on transfer of the child (children) for education in a family. In the order of the conclusion and to the contents the called contract differs from other civil contracts. First, it is distinguished by special subject structure. The persons specified in SK can sign this contract only. and Provision on a foster home: guardianship and guardianship bodies, on the one hand, and future reception parents, with another. Secondly, though the parties enter the contractual relations on mutual will, they can't define the future rights and duties randomly. Thirdly, object of the specified legal relationship is education and the maintenance of adopted children. Duties at reception parents arise in relation to the child who itself acts as the subject of legal relationship and is allocated with the corresponding rights. Without a consent of the child who has reached 10 years, it is impossible to sign this contract. Fourthly, the relations developing on the basis of the contract, are limited to in advance stipulated term. On education in a foster home the child (children) who hasn't reached majority, is transferred to the term provided by the contract.

The conclusion of the contract is preceded by procedure of selection of reception parents and the child. In the Provision on a foster home requirements with which have to satisfy the faces, wishing to accept the child on education in a family are called. Full age persons of both sexes, behind an exception can be reception parents: the persons recognized by court incapacitated or it is limited by the capable; the persons deprived on court of the parental rights or limited by court in the parental rights; the persons discharged of duties of the trustee (trustee) for inadequate performance of duties assigned to them the law; the former adoptive parents if adoption is cancelled by court on their fault; the persons having diseases in the presence of whom it is impossible to take the child (children) on education in a foster home.

Selection of reception parents is carried out by guardianship and guardianship bodies at observance of the requirements provided for appointment of trustees and trustees, that is personal qualities of future reception parents, their ability to performance of duties on education of children, the relation of members of their family to acceptance of the child on education, the relations between the child and future reception parents are considered.

For selection and training of the persons (face), wishing to take the child (children) on education in a foster home, and also implementation control over the implementation of the duties assigned to them the guardianship and guardianship body, executive authorities of subjects of the Russian Federation can create departments of the device of children on education in a foster home.

3 лист 1. Describe the principles of law.

Rule of law;

the principle of legality;

principle of justice;

the principle of equality;

principle of humanity;

the principle of democracy.

1. State - it is a political organization of society, ensuring its unity and integrity are implemented through the state machine control of the Company, the sovereign public authority, which gives the value of obligatory law, which guarantees the rights and freedoms of citizens, the rule of law.

Signs of the state:

1. Availability of land;

2. The presence of the people, of the population;

3. The presence of sovereignty;

4. The presence of laws and regulations;

5. The presence of the government, the ruling.

2. the basic functions of the state:

Domestic - functions that the state exercises on its territory in order to solve political problems:

Function of protecting the rights and freedoms of man and citizen;

The function of law enforcement;

The economic function;

Function of taxation;

The function of social protection;

Ecological function;

Cultural function;

External - functions that the state exercises outside its territory in order to solve the state's foreign policy objectives:

 

Function of national defense;

Function of maintaining world order;

Function with other States;

For the duration of the implementation:

Ongoing - functions that the state exercises over the entire development;

Temporary - features that are short term and cease to have effect from a particular task;

In importance and generality:

 

Main - functions through which the most common, the most important activities of the state to implement major strategic objectives and goals set by the state. Object - public relations, which have a certain resemblance;

 

Minority - functions that are part of the core functions and focus on the state fulfills specific tasks. Object - the social relations that occur in a strictly defined area;

3. Kazakhstan - a unitary state with a presidential form of government. The President is the head of state and the Supreme Commander . The President of the Republic of Kazakhstan shall be elected by the citizens of Kazakhstan on the basis of universal, equal and direct suffrage by secret ballot

Spain - a constitutional monarchy. The head of state - the king. officially - Kingdom of Spain. Currently - Juan Carlos I. Legislature bicameral parliament - General kórtesy (Kongress Deputies and the Senate). Consists of the Senate (259 seats - some deputies are elected by direct universal suffrage, others - are appointed by the provincial legislatures, and all senators are elected for four-year terms) and the Congress of Deputies (350 seats - are elected from party lists on a 4-year period). The executive branch is headed by the Prime Minister - the leader of the party, which gained the most votes in parliamentary elections.

4. Monarchy form of government in which the supreme power of the state is partially or wholly owned by a single person - the monarch and is usually inherited. Absolute monarchy - the monarchy, assuming absolute power of the monarch. When the absolute monarchy possible existing authorities are fully accountable monarch. Constitutional monarchy - a monarchy in which the monarch's power is limited by the constitution, unwritten rules or traditions. Constitutional monarchy exists in two forms: Parliamentary monarchy - kind of a constitutional monarchy, in which the monarch has no power and does only a representative function. dual monarchy.

Republic - a form of government in which all the highest governmental bodies are either elected or formed nationwide representative institutions, and citizens have the personal and political rights. The most important feature of the republic as a form of government is an elected head of state, excluding a non-elected hereditary method of transmitting power. Parliamentary republic - a kind of republic by a margin of powers in favor of parliament. In a parliamentary republic government is responsible only to Parliament, not to the president. Presidential republic is characterized by significant role in the presidential system of government bodies, the compound is in his hands powers of the head of state and head of government.

 

5.

6. Legal act of higher legal force of the state or state-territorial community in interstate associations, fixing the basis of political, economic and legal systems of the State or Commonwealth, the basics of the legal status of the state and the individual, their rights and responsibilities. Constitution in the material sense - a set of legal rules governing the higher organs of the state, the order of their formation and functioning, their mutual relations and competence, as well as the fundamental position of the individual in relation to the government. Constitution in the material sense to classify, in particular, on the written and unwritten.

7. The right to life (Article 15 of the Constitution) - a basic inalienable,

inalienable owned by him on the basis of being born right.

The right to life is interpreted as an absolute in countries abolished the death penalty as a punishment, and as a relative - in the countries where it is stored. Absolute right to life means that no person (for any action) can not be deprived of life, even the state. relative

the right to life means that no person shall be deprived of life arbitrarily, without due process of law. Right to personal liberty (Article 16 EC) - the ability to commit any act or failure of those out of coercion or constraint. Restriction or deprivation of liberty - the arrest and detention - is allowed only in the cases and only with the sanction of the court or prosecutor, the provision arrested right to appeal.

 

3. The inviolability of human dignity (Article 17 of the Constitution), means that no one should be subjected to torture or other cruel or degrading treatment or punishment.

 

4. The right to privacy (Article 18 of the Constitution) - has recognized the opportunity to choose the desired option would be for him to communicate with other people and build relationships with them in terms of independence and autonomy. This right includes the right to personal and family secrets, confidentiality of personal deposits and savings, correspondence, telephone, telegraph, mail and other communications. Constitutional guarantees of the right are the ban on the collection, storage, use and dissemination of information about the private life of a person without his consent, a person's right to consult with the registered information about him.

 

5. The right to inviolability of the home (Article 25 of the Constitution) - means a ban on entry into the house against the will in him legally face.

 

2. The right to freedom of movement and residence (Article 21 EC) - the ability to free movement and choice of residence within the state, and the right to leave the state and return under certain legal requirements.

 

3. Freedom of conscience (Article 22 of the Constitution) - guaranteed the freedom to practice any religion or no religion.

 

4. The right to determine and indicate or not to indicate a national, party and religious affiliation (Article 19 of the Constitution) - The ability to choose their national, party, religious affiliation, and the prohibition of mandatory requirements for the indication of ethnicity in official documents and identity cards.

 

5. Freedom of speech and creative expression (Article 20 of the Constitution) - The ability of an independent and self-manifestation (publicity and publication) a man of ideas, opinions, views, knowledge and work on their formation and creation. This right includes the right to search, select, obtain, information in any form and by any means not prohibited by law.

8. In accordance with Art. 3 of the Law of the Republic of Kazakhstan "On Citizenship of the Republic of Kazakhstan" dated December 20, 1991, citizens of the Republic of Kazakhstan are those who:

- Reside in the Republic of Kazakhstan on the date of enactment of this Act (03.01.1992 g);

- Were born in the Republic of Kazakhstan and are citizens of a foreign country;

- Have acquired citizenship of the Republic of Kazakhstan in accordance with this Act.

For the citizen of the Republic of Kazakhstan does not recognize the citizenship of another country.

9. Renunciation of citizenship of the Republic of Kazakhstan may be refused if the person applying for the exit, has outstanding obligations to the Republic of Kazakhstan or property obligations which are associated with substantial interests of citizens or enterprises, institutions and organizations, public associations, located in the Republic of Kazakhstan.

11. Determine in which cases the nationality of the Republic of Kazakhstan is lost?( Определите, в каких случаях гражданство Республики Казахстан утрачено?)
revenues due to military service, security service, police, judiciary and other organs of state power and government of another state, except in cases provided for international treaties of the Republic of Kazakhstan;

if the nationality of the Republic of Kazakhstan acquired as a result of deliberately false information or documents;

on the grounds provided by interstate agreements of the Republic of Kazakhstan;

If a citizen, resident outside the Republic of Kazakhstan, did not rise to the consulate without good reason within three years;

If a citizen has acquired the citizenship of another country.

12. Determine if a citizen of the Republic of Kazakhstan to move from one religion to another?(Определить, может гражданин Республики Казахстан переходить из одной религии в другую?)
Kazakhstan citizen has the right to profess any religion, to move from one religion to another, or to profess no religion.

13. Determine if a citizen of the Republic of Kazakhstan to be non-partisan, ie does not consist in any game?( Определить, гражданин Республики Казахстан, может быть беспартийным, т. е. не состоять в какой-либо игре?)
Kazakhstan citizen has the right to belong to any operating under the Constitution Party, but do not contain any party, be non-partisan.

14. Determine if a citizen of the Republic of Kazakhstan to take part in various peace rallies and meetings?( Определить,может гражданин Республики Казахстан принять участие в различных митингах и встречах мира?)
Kazakhstan citizen has the right to participate in peaceful rallies, meetings, marches and pickets - the ability to choose the form of expression of the citizens.

15. Determine if a citizen of the Republic of Kazakhstan of other nationalities to enjoy, socialize, study in their native language?( Определить, гражданине Республики Казахстан, других национальностей, могут наслаждаться, общаться, учиться на своем родном языке?)
Kazakh citizens of other nationalities have the right to enjoy, socialize, study in their native language

16. Determine whether or not to be admitted to citizenship of the Republic of Kazakhstan citizens of former Soviet republics, who arrived for permanent residence in the Republic of Kazakhstan, with one of his close relatives - citizens of Kazakhstan?( Определить, могут ли или не могут быть допущены в гражданство Республики Казахстан граждане бывших советских республик, прибывшие на постоянное место жительства в Республике Казахстан, с одним из его близких родственников - граждан Республики Казахстан?)
Yes, may be admitted.

17. What are the motives of the rejection of the application for citizenship.( Каковы мотивы отказа от заявки на гражданство.)
Citizens of Kazakhstan residing abroad can apply for renunciation of citizenship.


18. Determine if any administrative liability cases mitigated, and under what cases are aggravated. (Определите, если любая административная ответственность случаев смягчены, и в каких случаях усугубляются.)


19. Name the structure (composition) of administrative responsibility.( Назовите структуру (состав) административной ответственности.)
1. The object of the offense are the social relations regulated by legal

standards and protected by administrative sanctions (ie, what

infringes the offense).

2. The objective side - action or inaction. other signs

the objective part is included in the crime, as a rule, not

characteristic of the administrative offense. We are talking about the implications and

causal link between the act and the consequences.

3. The subject of the offense - a person who has committed an offense and is subject to

Because of this administrative responsibility.

4. The subjective side is made up of guilt in the form of intent or

negligence. Only a few articles present

intent, in others it is supposed to.

20. Describe the administrative offense in Kazakhstan.( Опишите административное правонарушение в Республике Казахстан.)
Administrative offense recognized wrongful, culpable (intentional or negligent) act or omission of an individual, or wrongful act or omission of a legal entity for which this Code provides for administrative liability.

21. Show that different composition administration offense of a criminal offense?( Показать, что различные преступления администрация состава уголовного преступления?)

22.Give the definition of administrative responsibility. Administrative responsibility - the kind of legal liability, which defines the obligations of the subject undergoing deprivation of state-power character for administrative offenses.        
23.List of administrative penalties (liability). Administrative charges is a monetary penalty imposed for an administrative offense and to the extent provided for in the article of this section, in an amount equal to a certain number of monthly index, determined in accordance with the statute in effect at the time of the imposition of administrative foreclosure. -A fine imposed on an individual, except as described in the second paragraph above shall not be less than one fifth of the monthly index. -A fine imposed on an individual, except as provided in paragraph two of this subsection shall not exceed two hundred MCI. -Fine, calculated in accordance with the second paragraph of this Article may be set in excess of or less set the fines mentioned in this article. The penalty shall be recovered, in the state budget in the legislation. -Assignment of entities to small or medium business, large business is carried out in the manner prescribed by law.          
24.What are the subjects of administrative law. The subject of administrative law - is a participant of public relations, has certain rights and responsibilities designated to it by the need to realize their vital needs. In its administrative law norms are realized by citizens, government agencies, associations, and others, which are the subjects of administrative law, ie carriers of specific rights and obligations contained in the rules of administrative law. The rights and obligations of the subject of administrative law together form its legal status.   The legal status of the subjects of administrative law form common standards for all subjects, for example, the rules on compliance with fire safety regulations. The legal status of many subjects of administrative law integrates the norms that are implemented only to the subject, for example, there are rules addressed only to religious groups or only to the hunters. Thus, depending on the type and scope of authority of administrative law subjects can be classified into groups and types.          
25.Analyze the characteristics of the executive power of the Republic of Kazakhstan.      
26.Compare the individual labor contract with the collective agreement. Individual employment contract - is a bilateral agreement between the employee and the employer, committed to writing, in which the employee agrees to perform work on a particular profession, qualification or position according to the internal regulations, the employer shall promptly and fully pay the employee wages and other prescribed by law and by agreement, payment, provide conditions stipulated by labor legislation and collective agreement. The collective agreement is between the owner or management of the enterprise, on the one hand, and the employees, the trade union represented the other side. Collective agreement - legal act regulating social and labor relations in the organization or the individual entrepreneur and concluded by employees and employers on behalf of their members.        
27.Compare the general partnership with incomplete partnership. Partnership- a union of 2 or more persons, based on the agreement of the participants, who combine their money and property, usually by personal efforts contribute to profit from joint ventures or joint maintenance and use of the common property. General partnership - the kind of partnerships which participants (general partners) in accordance with the contract between them are engaged in business activities on behalf of the partnership and are responsible for its obligations, not only in the amount of contributions to the share capital, and all their property, that is "full "unlimited liability. At present, this legal form is almost never used.        
28.Compare the features of a republican form of government with a federal form of government. Сравнить особенности республиканской формы правления с федеральной формой правления.(своими словами)  
29.Determine if there is a legal personality. Entity - established and registered in accordance with the law organization, which has in the property, economic or management, separate property and is liable for its obligations with this property may in its own name, acquire and exercise property and personal non-property rights, take responsibility, act , sue and be sued.            
30.Show that different composition administrtivnogo offense of a criminal offense? Показать, что другой состав administrtivnogo преступления уголовное преступление?(своими словами)      
           
31.Compare commercial organizations with non-profit organizations.        
                   

Commercial entity - a legal person, pursuing profit as the main purpose of the activity, as opposed to a non-profit organization that has for-profit and not distribute the profits among the participants

Non-profit organization - an organization that does not have as a primary purpose of the activity of profit and not to distribute the profits among the participants. Non-profit organizations can be created for social, charitable, cultural, educational, scientific and management objectives in the areas of health protection, the development of physical culture and sports, meet spiritual and other non-material needs of citizens, protection of rights and legal interests of citizens and organizations, dispute resolution and conflicts, legal assistance, and for other purposes to achieve the public good.







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