Law in Kazakhstan

Social Norms
Norms of Law
Norms of Moral
Norms of Custom
Norms of Religions
Corporative Norms

Law
Law is the system of special norms which are set and protected by state and binding for all members of society.

Attributes of Norms of Law
Norms of law are adopted by state
Norms of law constitute a system
Norms of law are binding for all persons
Norms of law are protected by state
Violation of norms of law results in juridical liability

Elements of the system of Law
Norms of Law – rules adopted by state
Branches of Law – complexes of similar rules

Branches of Kazakhstan’s Legal System
Constitutional law
Administrative law
Criminal law
Land law
Civil law
Labor law
Family law
Proceedings law: criminal, civil and administrative proceedings law
Agricultural law
Environmental law
Financial law
etc.

Branches of international law
International private law
International public law

Public and Private Law
Public Law
Based on Imperative Method of Regulation (Subordination)
Includes Constitutional Law; Administrative Law; Criminal Law; Land Law; Criminal and Civil Proceedings Law; Agricultural Law; Ecological Law; Financial Law; International Public Law, etc.
Includes partially also Labor Law and Family Law.
Private Law
Based on Dispositive Method of Regulation (Coordination)
Includes Civil Law; International Private Law, partially also Labor Law and Family Law.

Principles of Law
Equality before the Court and Law
Combination of Rights and Obligations
Justice
Humanism
Democratism
Combination of Positive and Natural Law
Combination of Compulsion and Persuasion

Features of State
State is an organization of the political sovereign power which spreads its jurisdiction over certain territory and population living on it.
Sovereign State Power
Territory
Population
Legal System
Tax System

Functions of State
Internal Functions
Protective Function
Legal Order
Protection of Human Rights and Freedoms
Regulative Function
Economic Relations
Financial Relations
Tax Relations
Social Relations
Cultural Relations
Ecological Relations
External Functions
Defense and Security
Armed Forces
Defense Infrastructure
Participation in Military Alliances
Foreign Policy and International Cooperation

Forms of State
Various kinds of States may be differentiated according to the following criteria:
Form of Government
Form of State Structure
Form of Political Regime

Form of Government
Monarchy
Absolute
Dualistic
Constitutional
Republic
Parliamentary
Presidential
Mixed

Forms of State Structure
Unitary State
Federation
Confederation

Form of Political Regime
Totalitarian
Democratic

Theories of Origin of State and Law
Theological Theory
Contractual Theory
Organic Theory
Irrigational Theory
Theory of Violence
Economic (Marxist) Theory
Psychological Theory

Rule-of-Law State
Rule-of-Law State is a state the activities of which are based on the principles of law and the main purpose of which is the observance and protection of human rights and freedoms.

Attributes of Rule-of-Law State
Recognition of an individual as the highest value;
Observance and protection of human rights and freedoms;
Legality (Lawfulness);
Correspondence of the national legislation to the universal principles of international law;
Division of Power
Independent and Effective Judicial Power;
Public Control over the State Organs, Transparency;
Political Pluralism;
Economic Freedom – Inviolability and Protection of Private Property
Mutual Responsibility of the State and an Individual;
Civil Society is the Society of Free, Independent, Educated, Politically Active People