- •1 The state: the concept, the characteristic features and its functions.
- •Characteristic features of the state
- •2 The form of the state
- •Features of the legal state:
- •3 Form of state – the Republic of Kazakhstan.
- •The State Anthem of the Republic of Kazakhstan
- •4 The law: concept, features, system. Hierarchy of Kazakhstan legislation.
- •Classification of the law system
- •Law features:
- •Principles of the law:
- •5 Legal regulation: the concept, subject and method.
- •1 Basics of the constitutional order of the Republic of Kazakhstan.
- •Principles of the constitutional order of the Republic of Kazakhstan
- •3 Citizenship as the link between an individual and a state.
- •Citizenship of the Republic of Kazakhstan can be granted to:
- •Applications for acquiring citizenship of the Republic of Kazakhstan will be refused if an applicant:
- •Citizenship of the Republic of Kazakhstan
- •Is cancelled under the following circumstances:
- •Citizenship of the Republic of Kazakhstan is lost:
- •4 Constitutional legal status of the President of the Republic of Kazakhstan
- •5 Constitutional legal status of the Parliament of the Republic of Kazakhstan
- •6 Constitutional legal status of the Government of the Republic of Kazakhstan
- •7 Constitutional legal status of the Constitutional Council of the Republic of Kazakhstan
- •1 The history of the judicial system of the Republic of Kazakhstan.
- •2 Judicial system of the Republic of Kazakhstan: the concept, judicial levels and judicial instance.
- •Principles of justice:
- •3 The main characteristics of the types of Kazakhstan courts.
- •1 District Courts and Courts Equivalent to Them/
- •2. Oblast Courts and Courts Equivalent to Them
- •3. The Supreme Court of the Republic of Kazakhstan
- •4 The legal status of judges in the Republic of Kazakhstan
- •1 The civil law: the concept, the subject and method of regulation.
- •2 The concept, the system and chief principles of the civil legislation of the Republic of Kazakhstan.
- •3. The concept of the natural persons and the general revision of the citizens' legal personality.
- •4. The concept and features of the legal entity. The kinds and forms of the legal entities.
- •5 The concept and the content of the right of ownership.
- •The content of the right of ownership
- •1 The family law: the concept, the subject, chief principles and method of regulation.
- •As to a family-law method, it is characterized by a number of specific features:
- •2 The terms and procedure for entering into a marriage. Termination of the marriage
- •3 The Legal and Contractual Regime of the Spouses' Property.
- •4The Parents' Rights and Duties.
- •1Objective, tasks and Principles of the labor legislation of the Republic of Kazakhstan
- •2 Participants in labour relations. Grounds for emergence of labour relations
- •3 The employment contract.
- •4 Internal labour regulations. Labor discipline
- •Internal labour regulations
- •5 The citizen’s right to pensions pursuant.
- •1 The main concepts and principle of certainty of taxation
- •The Principle of Certainty of Taxation
- •2 The rights and obligations of the taxpayer The Rights of the Taxpayer
- •3 The Objectives and the Structure of the Tax Service Authorities
- •4 Kinds of taxes and other obligatory payments.
- •Other obligatory payments
- •1 Land legislation of the Republic of Kazakhstan: concept, principles and tasks.
- •Principles of Land Legislation
- •Tasks of land legislation
- •2 Ownership, land-use right and other property rights to land
- •Types of land use rights
- •The right of permanent use
- •3 Categories of land
- •4 General Provisions of environmental law.
- •Relationship Regulated by environmental code
- •Fundamental Principles of the Environmental Legislation of the Republic of Kazakhstan
- •5 Structure of the Environmental Code of the Republic of Kazakhstan.
- •1The concept and categories of a crime
- •Categories of a crime
- •2 The Concept of Complicity in a Crime
- •Types of Accessories in a Crime
- •Liability of Accessories in a Crime
- •The Forms of Complicity in a Crime
- •2 The Concept, purposes and types of punishment
- •Types of Punishment
- •3 Types of crime
- •13 Corruption Crimes and Other Crimes Against the Interests of the State Service
- •1 Civil procedure of the Republic of Kazakhstan: the general provisions.
- •2 Persons taking part in the civil procedure
- •3 Assignments and Principles of the Criminal Procedure
- •The principles of the criminal process
- •4 State authorities and persons participating in criminal procedures
- •1 Court
- •2 State Bodies and Official Persons, Who Perform the Functions of Criminal Prosecution
- •3 Participants of the Procedure, Who Protect Their Rights and Interests or the Represented Rights and Interests.
- •4 Other Persons who Participate in Criminal Procedures
13 Corruption Crimes and Other Crimes Against the Interests of the State Service
and State Administration (Abuse of Official Powers, Receipt of a Bribe, Giving a Bribe etc.)
14 Crimes Against the Governmental Order (Acquisition or Sale of Official Documents and State Awards, Evasion of Military Service, Arbitrariness etc.)
15 Crimes Against Justice and the Order for Carrying Out Punishment (Contempt of Court, Coercion to Provide Evidence, Covering Up a Crime etc.)
16 Military Crimes (Insulting a Military Serviceman, Desertion, Marauding, Voluntary Surrendering 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?
Topic.10 Procedural law of the Republic of Kazakhstan
Purpose: to compare two branches of the procedural law of the Republic of Kazakhstan: civil procedural law and criminal procedural law.
Plan:
1 Civil procedure of the Republic of Kazakhstan: the general provisions.
2 Persons taking part in the civil procedure
3 Assignments and principles of the criminal procedure.
4 State authorities and persons participating in criminal procedures.
1 Civil procedure of the Republic of Kazakhstan: the general provisions.
The court shall institute a civil case by application from a person who has applied for the protection of his rights, freedoms and lawful interests.
Seen as the tasks set to the civil court procedure shall be the correct and timely consideration and resolution of the civil cases for the purposes of protecting the violated or the disputed rights, freedoms and lawful interests of citizens and organizations, of the rights and interests of the Republic of Kazakhstan, who are the subjects of civil, labor and other legal relations. The civil court procedure shall facilitate consolidation of the legality and of the law and order, prevention of law offences and formation of a respectful attitude towards the law and the court.
Justice on the civil cases shall be administered on the principles of equality before the law and the court of all the citizens, irrespective of their sex, race and nationality, of the language, the origin and the property or the official status, of their place of residence, of their relation to religion and convictions, affiliation to public associations and other circumstances, and all organizations, regardless of their legal organizational form, their form of ownership and of their location, their subordination and other circumstances.
Civil cases in the courts of the first instance shall be considered by the judges of these courts alone or, in the cases, stipulated in the law, collegiately.
If the Civil procedural Code grants the judge the right to consider civil cases and to perform the individual procedural acts alone, the judge shall be seen as acting on behalf of the court.
The judicial proceedings in all courts shall be open.
The judicial proceedings in closed court sessions shall be conducted on cases containing information which comprises a state secret, or the secret of the adoption of a child (for a son or daughter), and also on other cases, if this is stipulated in law. Trial in camera shall also be admissible when satisfying a petition of the person taking part in the case who refers to the need to keep a commercial or other kind of law-protected secret, or to the immunity of the citizens' personal privacy, or to other circumstances whose open discussion may interfere with the correct investigation of the case or entail the divulgence of the above secrets or violation of the lawful interests of a citizen.
The persons taking part in the case, and the other persons attending the performance of the procedural act, in the course of which may be exposed information mentioned in the second part of the present Article shall be warned by the court about responsibility for its divulgence.
On the investigation of the case in camera, the court shall issue a motivated ruling in respect of the whole or of a part of the legal proceedings.
When the case is considered in a closed court session, in attendance shall be the persons taking part in the case and their representatives, and if necessary also witnesses, experts, specialists and interpreters.
A case tried in camera shall be considered and resolved with the observation of all the rules for the civil court procedure.
The persons taking part in the case and the citizens present in an open court session shall have the right to fix the course of judicial proceedings in writing and with the assistance of the audio recording devices. Taking photographs, video recording and broadcasting of the court session on the radio and on television shall be admissible by permission of the court.
The court decisions shall be announced in public, with the exception of cases when such announcement of the decisions infringes the rights and the lawful interests of the underaged.