- •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
3 Assignments and Principles of the Criminal Procedure
Quick and full revelation of crimes, exposure and holding responsible the persons who committed them, just, judicial investigation and accurate application of the criminal law shall be recognised as the objectives of the criminal procedure.
The procedure for proceedings associated with criminal cases as established by the law must provide for the protection from unreasonable accusation and conviction, from illegal restriction of rights and freedoms of individuals and citizens, and in the case of unlawful accusation or conviction of an innocent person - immediate and full rehabilitation of him, and also to assist the strengthening of legality and law and order, prevention of crimes, formation of
a respectful attitude towards law.
The meaning of the principles of the criminal process consists in their violation in relation to its nature and materiality shall entail the recognition of proceedings on a case which
took place as invalid, abolition of decisions passed in the course of such proceedings, or the recognition of the materials collected in this case as having no force of evidence.
The principles of the criminal process
Legality
Only the Court Dispenses Justice
Judicial Protection of Rights and Freedoms of Individuals and Citizens
Inviolability of Person
The Protection of the Rights and Freedoms of Citizens when Criminal Cases are Processed
Inviolability of Private Life. The Secrecy of Letter Exchange, Telephone Conversation, Postal, Telegraph and other Communication
Inviolability of Housing
Inviolability of Property
Presumption of Innocence
Prohibition of a Repeated Conviction and Criminal Prosecution
The Dispensing of Justice on the Principles of Equality Before Law and Court
Independence of Judges
The Performance of Court Proceedings on the Basis of Competitiveness and Equality of the Parties
Comprehensive, Full and Objective Examination of Circumstances of Cases
Evaluation of Evidence on the Basis of Internal Convictions
Securing the Right to Defence to Suspects and Accused
Release from the Duty to Issue Witness Testimony
Ensuring the Right to Qualified Legal Assistance
Publicity
The Language of Criminal Court Proceedings
The Freedom to Challenge Procedural Acts and Decisions
4 State authorities and persons participating in criminal procedures
1 Court
The court, being a body of judicial branch, shall dispense justice with regard to criminal cases.
2 State Bodies and Official Persons, Who Perform the Functions of Criminal Prosecution
The procurator is an official person, who within the bounds of his authority, exercises the supervision of the legality of operative and investigative activities, interrogation, investigation and court decisions, as well as criminal prosecution at all stages of the criminal process: the General Procurator of the Republic of Kazakhstan, the Chief Military Procurator, procurators of provinces and procurators equated to procurators of provinces, district, municipal procurators, military procurators, transport procurators and procurators equated to those, their deputies and assistants, procurators for sectors of supervision, senior procurators and procurators of departments and units of procurator offices.
The head of the investigation department – the head of investigation unit of the body that performs preliminary investigation, his deputies, who act within the bound of their authority.
An investigator is an official person authorised to carry out preliminary investigation with regard to criminal cases within the bounds of his authorities: an investigator of the bodies of internal affairs, an investigator of the bodies of the national security and an investigator of the bodies of the tax police.
The Body of Interrogation
1) the bodies of internal affairs;
2) the bodies of national security;
4) the bodies of the tax police – with regard to cases of crimes associated with violation of tax, fiscal legislation, as well as legislation concerning licensing;
5) the customs bodies – with regard to cases of contraband and evasion of the payment of customs payments;
6) the bodies of military police – in cases of all crimes committed by military servicemen, who undergo military service under conscription or contracts at the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan;
citizens, who are reservists, during the time when they undergo military training; persons of civil personnel of military units, formations, institutions in connection with the performance by them of service duties or on the territory of those unit, formations and institutions;
7) commanders of frontier units – with regard to cases of violation of the legislation concerning the State frontier of the Republic of Kazakhstan, as well as on cases of crimes committed on the continental shelf of the Republic of Kazakhstan;
8) commanders of military units, formations, heads of military institutions and garrisons in cases that there is no body of military police – with regard to cases of all crimes committed by military servicemen subordinated to them, who undergo military service under conscription or contracts at the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, as well as citizens, who are reservists during their undergoing military training; with regard to cases of crimes committed by persons of civil personnel of military units, formations, institutions in connection with their performance of their service duties or on the territory of those units, formations, institutions;
9) heads of diplomatic representations, consular institutions plenipotentiary representations of the Republic of Kazakhstan – with regard to cases of crimes committed by their employees in the country of their stay;
10) the bodies of State fire prevention service – with regard to cases of any crimes associated with fires.
- The Head of a Body of Interrogation The powers of the head of an interrogative body in
the course of a pre-trial procedure with regard to cases of crimes provided for by Criminal Procedural Code, within the bounds of his authority shall rest with the head of the Main Department (Unit), department, unit, subdivision and other subdivisions of the interrogative body.
An inquest officer is an official person authorised to perform pre-trial procedures associated with criminal cases within the bounds of his authority.