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. And commercial organizations have all the characteristics inherent to the legal entity: Have separate property ownership rights, economic or operational control of a property right, the property can be rented; Meet its obligations their property; Acquire and exercise on its behalf property and non-property rights, bear responsibilities; May sue and be sued.
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. Non-profit organizations have the right to do business, only if the activity is aimed at achieving the goals of the organization.
54.Name the condition and maintenance of the individual contract.
- The place of work;
- Labor function;
- Start date (if fixed-term contract is - its duration);
- Payment terms of the employee, bonuses, allowances and bonuses;
- Working hours and rest periods;
- The conditions that determine when necessary the nature of work (moving, traveling, in the way of the work of the other);
- The condition of compulsory social insurance for employees;
- Other conditions.
55.What are the bases for the termination of civil and legal relations and responsibilities.
56.Describe the child's rights and maintenance obligations.
n this Act the following definitions:
1) child - a person under the age of eighteen
2) the legal representatives of the child - parents, adoptive parents (udocheriteli)
guardian, custodian, foster parents and other substitute their faces
carried out in accordance with the laws of the Republic of Kazakhstan care, education, training, protection of rights and interests of the child;
3) the child without parental care - a child who was
without the support of a single or both parents due to limited or
deprivation of parental rights, the recognition of parents missing, declaring them dead, legal incapacity (limited capability), serving parents punishment in detention, refusal by parents to raise a child or to protect its rights and interests, including the refusal of parents to take their child from an educational or medical institution, as well as in other cases, the lack of parental care;
4) The child is an orphan - a child who died two or a single parent;
5) child - a person under the age of eighteen years, with impairments
health with a persistent disorder of body functions due
diseases, injuries, their consequences, defects, leading to
Disability and the need for its social protection;
6) custody - legal form of protection of the rights and interests of children under
7) custody - legal form of protection of the rights and interests of children
from fourteen to eighteen years of age;
8) patronage - a form of education in which the child without
parental care is transferred to the care of a family of citizens under the contract,
concluded by the authorized government body and face (foster parents) who have expressed their desire to take the child to education;
9) social adaptation of the child - a process of active adaptation of the child,
is in a difficult situation, to the conditions of the social environment by
learning and perception of values, rules and norms of behavior accepted in society, as well as the process of overcoming the effects of psychological and (or) moral
10) organizations performing functions for the protection of children's rights - is
organization, regardless of the legal form of asking
social support, the provision of social and domestic, medical, social,
social, educational, psychological, educational, legal services and
material aid, social rehabilitation of children in difficult
living situation, employment of these children when they reach the
11) state minimum social standards - the main indicators the quality of life of children, which includes the minimum amount established by the state social services, rules and regulations;
12) Children who are in difficult situations - children whose livelihoods disrupted by the circumstances and can not overcome these circumstances alone or with pomoschyusemi.
Legislation of the Republic of Kazakhstan on the Rights of the Child
1. Legislation of the Republic of Kazakhstan on the Rights of the Child is based
on the Constitution of the Republic of Kazakhstan and consists of this Law and other
regulations of the Republic of Kazakhstan in the field of child protection.
2. If an international treaty ratified by the Republic of Kazakhstan,
rules other than those contained in this Act, the
rules of international agreement, except where an international treaty that its application requires the publication of
Law of the Republic of Kazakhstan.
57.Describe the types of ownership.
Form of ownership is called its type, which is characterized, first of all, who is the owner. Ownership determines whether a variety of property subject to any one, single, of the general nature of, say, a person, family, group, team, people. You can not understand the economy, if not learn to classify the property. So we have to be able to distribute to the assignment by class and subordination to them species specific forms according to their common characteristics. Classification assignment is largely hampered by the fact that there are two types of ownership - in the economic and legal sense.
legal sense, based on the account of different kinds of ownership rights and the nature of the property. There are different:
1) the nature of the assignment and the relationship between the owners of the property and the owners;
2) the ability or inability to freely share the common property among individual owners at their discretion.
58.Compare the conditions of validity and invalidity of transactions.
By the conditions of validity of transactions should include the legality of the ability of its people committing to participate in the deal, a will and expression, respect for the form of the transaction.
For the validity of the transaction requires that the content complies with the requirements of the law and other legal acts.
The law imposes certain requirements on the parties in the transaction. To trade can only citizens with legal capacity.
For the validity of the transaction to match the will and volition. The discrepancy between them is the reason for the invalidation of the transaction.
The deal creates rights and obligations, subject to its shape. Form of the transaction is spoken and written.
Notarization of the transaction is required in two cases:
if required by law or by agreement (eg, deed of gift, a contract of sale of real estate, a will, etc.).
All invalid transactions in GP are divided into the following types:
a) deals with the subject composition flaw;
b) deal with the vices of the will;
c) deal with the vices of the form;
d) deals with the content of defects.
Invalidity of transactions to which the citizens are, based on criteria such as age and mental attitude to performing acts. For example, the deal was a juvenile or found incompetent due to illness or dementia and transactions citizen, the court limited in capability. It may also be invalidated transaction made legal entity, if it is made in contradiction to the goals of the legal entity.
59.What are the grounds for termination of marriage and when the personal and property rights and obligations of spouses.
The order of dissolution of marriage by mutual consent of the spouses
In accordance with paragraph 1 of Article 20 of the Law "On Marriage and Family" with mutual consent to divorce spouses have common minor children divorce court without explaining the motives of divorce. According to paragraph 2 of this article, the court decision may be made not earlier than one month from the date of submission of the application to the court for divorce. Paragraph 3 of the Article authorizes the court (but does not require it) in exceptional cases, to reduce the monthly period. Such circumstances may include pregnancy, intention to enter into another marriage, departure abroad and other reasons. recognized by the court as valid.
However, the Court may not take steps to reconcile the spouses and assign reconciliation period of three months, as such action taken by the court in accordance with Article 19 of the Law "On Marriage and Family" only when one of the spouses does not consent to the divorce.
Between couples who marry and register of the civil status (registrar), there are certain family relationship (Article 28 of the Law "On Marriage and Family"). Spouses have equal rights and equal duties (Article 29 of the Law "On Marriage and Family"). In marriage by mutual consent of the spouses may choose the name of one of them (husband or wife) as their common surname. As a common surname spouse may be elected a double surname, formed by joining his wife's name to the name of her husband. At the request of one of them can remain in their maiden names (Article 30 of the Law "On Marriage and Family").
According to Art. Art. 29 and 30 of the Law "On Marriage and Family", for personal non-property rights of spouses are: choice of occupation, profession, place of residence, family, etc. All the issues of motherhood, fatherhood, parenting, education, children, and other family matters are solved jointly by the spouses. Spouses are obliged to build their family relationships based on mutual respect and mutual assistance to promote the welfare and strengthening families, take care of the health, development of their children and their well-being (paragraphs 3.4 Art. 29 of the Law "On Marriage and Family").
Property rights and obligations of spouses. Usually spouses, each to the extent possible, take part in the total cost and divide the property to yours and mine. But in the case where there are disputes, the law establishes clear rules. All that belonged to everyone before marriage remains his personal property and he is entitled to dispose of the property. This property is called "pre-marital property."
All that was acquired during the marriage is considered joint property of the spouses (Section 1, Art. 32 of the Law "On Marriage and Family"). Husband and wife in regard to this property have equal rights. According to paragraph 2 of Art. 32 of the Law "On Marriage and Family", with property acquired by the spouses during the marriage (common property of the spouses) include: income of each spouse from employment, business and intellectual property, income from community property and separate property of each spouse received their pensions, benefits and other cash payments, no special purpose entities (the amount of material aid, the amount paid in damages for loss of ability to work due to injury or other damage to health, etc.).
60.Describe the concept of marriage and its legal status.
Marriage, or marriage, marriage - regulated society and, in most states, recorded in the appropriate governmental authorities family connection between two people who are of marriageable age, generating their rights and obligations with respect to each other, as well as the appearance of a pair of children - and to the children. For marriage to the mutual consent of both spouses and their attainment of the age of consent. In some countries, when you make a marriage is a marriage contract.
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