Please note, that this is a check-list and not a complete list of questions. During the examination you may be asked anything learned in the course.

Law in Kazakhstan

Final examination review

Please note, that this is a check-list and not a complete list of questions. During the examination you may be asked anything learned in the course.

1. What are social norms?

2. What are types of social norms?

• Norms of Law Norms of Moral Norms of Custom Norms of Religions

• Corporative Norms

3. What is Law?

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

4. What are 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

5. What is the difference between norms of Moral and Law?

6. What are elements of the Kazakhstan’s Legal System? What are the major branches of Kazakhstan’s Legal System?

• Norms of Law – rules adopted by state

• Branches of Law – complexes of similar rules

• 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.

7. What is the difference between Public Law and Private Law? What branches do they include?

• 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.

8. What are principles of Law? What do they mean?

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

9. What is State?

State is an organization of the political sovereign power which spreads its jurisdiction over certain territory and population living on it.

10. What are the Features of State?

• Sovereign State Power

• Territory

• Population

• Legal System

• Tax System

11. What does Sovereignty mean?

12. What are 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

13. What types of State may be differentiated according to the Forms of Government? What is the difference between them?

• Form of Government

Monarchy

• Absolute

• Dualistic

• Constitutional

Republic

• Parliamentary

• Presidential

• Mixed

• Form of State Structure

Unitary State

Federation

Confederation

• Form of Political Regime

Totalitarian

Democratic

14. What are theories of origin of state and law? Briefly describe them

• Theological Theory

• Contractual Theory

• Organic Theory

• Irrigational Theory

• Theory of Violence

• Economic (Marxist) Theory

• Psychological Theory

15. What is Rule-of-Law State? What are attributes of 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.

16. What is the purpose of the division of power?

Check and Balance

17. What does Constitutional Law of RK regulate?

• Legal Status of Individuals

• Constitutional Principles of RK

– Form of Governance;

– Form of State Structure;

– Form of Political Regime;

– Basics of Political Structure;

– Basics of Economic Structure.

• Legal Status of the State Organs

– President;

– Parliament;

– Government;

– Constitutional Council;

– Judicial Bodies;

– Organs of Local Administration and Self-Administration.

18. What is Constitution?

Constitution is the major source of Constitutional Law.

Constitution is the basic law of the state which has the supreme juridical force and regulates the most important social relations.

19. What are major functions and features of Constitution?

20. What are Constitutional basics of RK? Describe them

• RK is a Sovereign State;

• RK is a Rule-of-Law State;

• RK is a Democratic State;

• RK is a Presidential Republic;

• RK is a Unitary State;

• RK is a Social State;

• RK is a Secular State.

21. What does the legal status of individuals mean?

• Human rights and freedoms belong to everyone by virtue of birth

– Foreigners and stateless persons have the same rights and responsibilities as citizens of Kazakhstan except for political rights and responsibilities.

• Human rights and freedoms may be limited by laws to the extent necessary for protection of:

– constitutional system,

– defense of the public order,

– human rights and freedoms,

– health and morality of the population,

– interethnic concord.

22. In what groups may constitutional rights and freedoms be differentiated

23. What are legal grounds for the limitation of human rights and freedoms?

24. What are personal rights of individuals?

• Right to life

• Right to personal freedom and dignity

• Right to equality before the law and to non-discrimination

• Right to inviolability of private life and housing

• Right to use native language and culture

• Right to freedom of speech and creative activities; to freely receive and disseminate information

• Right to freely move in the territory of RK and freely choose a place of residence: to leave the territory of RK and to freely return

• Right to freedom of conscience

• Right to protect rights and freedoms (including the right to self-defense; to judicial defense and to qualified legal assistance)

25. What are political rights of individuals?

• Right to freedom of forming associations.

• Right to assemble; to hold meetings and demonstrations.

• Right to elect and be elected into state bodies

• Right to participate in an all-nation referendum.

• Right to serve in a state office.

• Right to address appeals to state bodies.

• Right to protection and patronage by RK outside its boundaries.

26. What are economic rights of individuals?

• Right to freedom of labor, and the free choice of occupation and profession.

• Right to safe and hygienic working conditions.

• Right to just remuneration for labor without discrimination.

• Right to social protection against unemployment.

• Right to individual and collective labor disputes including the right to strike.

• Right to rest.

• Right to property, including the right of inheritance.

• Right to freedom of entrepreneurial activity.

27. What are social and cultural rights of individuals?

• Right to guaranteed free secondary education in state educational establishments.

• Right to receive on a competitive basis a higher education in state higher educational establishments.

• Right to pay and receive an education in private educational establishments.

• Right to protection of health.

• Right to free, guaranteed, extensive medical assistance.

• Right to a minimum wage and pension, and guaranteed social security in old age, in case of disease, disability or loss of a breadwinner and other legal grounds.

• Right to housing.

• Right to protection of marriage and family, motherhood, fatherhood and childhood.

• Right to care of children and their upbringing.

• Right to the environment favorable for the life and health.

28. What are constitutional obligations of individuals?

• Everyone must observe the Constitution, legislation of the RK and respect the rights and freedoms of other persons.

• Everyone must respect the state symbols of the Republic.

• Everyone must pay legally established taxes, fees and other obligatory payments.

• Citizens have a sacred duty to defend the Republic.

• Citizens of the RK must care for the protection of historical and cultural heritage, and preserve monuments of history and culture.

• Citizens of the RK must preserve nature and protect natural resources.

Also Constitution provides that: Able-bodied children of age must take care of their disabled parents.

• Secondary education is obligatory.

29. What are major provisions which define the status of the President of RK?

The President is:

• The head of state who represents RK within the country and in international relations;

• The highest official of the state who determines the main directions of the domestic and foreign policy of RK;

• The arbiter who ensures concerted functioning of all branches of state power and responsibility of the institutions of power before the people.

• The symbol and guarantor of inviolability of the Constitution.

• The President, his honor and dignity are inviolable.

30. How is the President of RK elected?

a. universal,

b. equal and,

c. direct suffrage,

d. under a secret ballot,

e. by the citizens of the Republic who have come of age.

31. Who may be elected as the President of RK?

a. citizen of RK by birth,

b. not younger than forty,

c. has a perfect command of the state language,

d. has lived in Kazakhstan for not less than fifteen years.

32. What are competences of the President of RK in the field of foreign policy?

• negotiates and signs international treaties; appoints and recalls heads of diplomatic embassies of the Republic; receives letters of credentials from ambassadors of foreign states.

33. What are competence of the President of RK in the field of defense and security?

• acts as the Commander-in-Chief of the Armed Forces of the Republic;

• appoints the Chairperson of the Committee of National Security of the RK with the consent of the Senate of Parliament; releases him from office;

• takes measures caused by a state of emergency in the event of a serious and immediate threat to the the RK;

• imposes martial law in the case of aggression against the Republic or immediate external threat to its security.

34. What are competences of the President of RK regarding Parliament of RK (legislative branch)?

• signs laws of Republic of Kazakhstan,

– promulgates laws or returns them for a second discussion and vote;

• may dissolve the Parliament.

35. What are competences of the President of RK regarding Government of RK (executive branch)?

• appoints a Prime Minister with the consent of the Mazhilis; releases him from office;

• appoints and releases from office members of the Government;

• presides at the meetings of the Government on especially important issues.

ALSO:

• appoints the Chairperson of the National Bank with the Parliament's consent;

• appoints the Procurator General with the consent of the Senate;

36. In what case may the President of RK be prematurely released from office? What is the procedure?

37. In what case may the President of RK be discharged from office? What is the procedure?

• In case of premature release or discharge of the President from office as well as in case of his death the powers of the President are transmitted:

– to the Chairperson of the Senate for the rest of the term;

– if the Chairperson of the Senate is unable to assume the powers to the Chairperson of the Majilis;

– if the Chairperson of the Majilis is unable to assume the powers to the Prime Minister.

38. Who will assume the presidential authorities in the case of the release or discharge of the President of RK?

39. What is the Parliament of Kazakhstan? What are its major functions? What is its structure?

Parliament of RK is

a. the highest representative body of the Republic

b. performing legislative functions.

c. Parliament consists of two Chambers acting on a permanent basis:

d. the Senate and

e. the Mazhilis.

40. What is the composition of the Mazhilis? How its deputies are elected?

The Mazhilis consists of 107 deputies.

a. 98 deputies are elected on the basis of the Party Lists.

b. 9 deputies are elected by the Assembly of People of Kazakhstan.

c. Term of the powers of deputies of the Mazhilis is 5 years.

41. What is the composition of the Senate? How its deputies are elected?

The Senate is composed of deputies:

a. Elected in twos from each regions (14 oblasts+Astana and Almaty), at a joint session of the deputies of all representative bodies of the regions.

b. 15 deputies of the Senate are appointed by the President.

c. Term of the powers of deputies of the Senate is 6 years.

42. What is the status of the deputies?

they have no right

a. to hold other paid offices, except teaching, research and creative activities,

b. to engage in entrepreneurial activity

i. Violation of these rules results in the termination of a deputy's powers.

During the term of office, they may not be arrested, detained, arraigned on an administrative or criminal charge without the consent of a respective Chamber

except for the cases of being apprehended on the scene of a crime or committing grave crimes

43. What are most important competencies of Parliament? Describe each of them

to amend the Constitution (by 3/4 of votes) at the proposal of the President

to adopt laws and in particular to approve the republican budget and taxes

to give consent to the appointment of the Prime-Minister (done by Mazhilis)

to express a vote of no confidence to the Government (done by Mazhilis)

to issue acts of amnesty to citizens

to ratify and denounce international treaties

to decide issues of war and peace.

44. Whom does the right of legislative initiative belong to?

The right of a legislative initiative belongs to:

• the deputies of Parliament,

• the Government; and

• the President (who may charge the Government to prepare a draft of law)

45. What are stages of the legislative process? Please describe each of them

1) A draft of law is considered by the deputies of the Mazhilis;

a. if approved by the majority of votes;

2) It is transmitted to the Senate;

b. If it is approved by the majority of votes of deputies of the Senate;

3) It may be considered by the Constitutional Council with respect to its compliance with the Constitution (if the Council is requested to do so!) ;

c. If the draft is approved,

4) It is submitted to the President to be signed within ten days.

d. Laws of the Republic come into effect after they are signed by the President.

46. How can the President influence the legislative process?

The President has the right:

a. to declare consideration of a particular draft of law urgent

b. in this case Parliament must consider this draft within a month from the day of its submission.

c. if the Parliament does not meet this requirement, the President has the right to issue a decree having the force of law which will be in effect until Parliament adopts a new law.

47. How can the Government influence the legislative process?

The Prime-Minister has the right:

a. to raise an issue of non-confidence in the Government in the case when of a draft of law submitted by the Government is not adopted,

b. If the call for a vote of no confidence does not receive the necessary number of votes, a draft of law is deemed adopted without voting.

c. The Government may not use this right more than twice a year.

48. What is the Government of Kazakhstan? What are its major functions?

The Government implements the executive power of the Republic of Kazakhstan;

In its entire activity it is responsible before the President;

It may be also accountable to the Parliament

a. The Parliament may appeal to the President to discharge a member of the Government from office.

b. If the President rejects, after the expiry of 6 months the Parliament may re-appeal to the President on the same issue.

i. In this case the President must discharge a member of the Government from office.

49. What are Functions of Government?

Government of Republic of Kazakhstan

• Executes the laws of RK and ensures the enforcement of laws;

• Makes proposals regarding the main directions of the state policy

• Introduces a draft of the republican budget to the Parliament and ensures its implementation;

• Introduces drafts of laws into the Mazhilis;

• Manages the state property;

• Manages the activity of all central and local executive bodies.

50. What is the status of the members of the Government?

A member of the Government who does not agree with the policy, pursued by the Government must resign or be subjected to release from his office.

Members of the Government do not have right:

a. to be deputies of a representative body,

b. hold other paid offices except teaching, scientific and other creative activities,

c. engage in entrepreneurial activity.

d. enter governing body or a supervisory board of a commercial organization.

The members of the Government take an oath to the people and President.

51. What is the structure of the Court system of RK?

• The courts of the Republic are:

– the Supreme Court of the Republic and

– local courts of the Republic:

• Regional (Oblast) Courts of RK and Equal Courts;

• District Courts of RK and Equal Courts.

• The establishment of special and extraordinary courts under any name shall not be allowed.

52. Who appoints judges of the District and Regional Courts? How are judges of the Supreme Court elected?

The Chairperson and judges of district and equivalent courts of the Republic are:

a. appointed by the President;

b. at the proposal of the Minister of Justice

c. The Chairperson and judges of the Supreme Court of the RK are:

d. elected by the Senate;

e. at the proposal of the President of the Republic;

f. The Chairpersons and judges of the oblast and equivalent courts are:

g. appointed by the President;

h. at the recommendation of the Highest Judicial Council of the Republic.

53. What is the status of judges (three characteristics)?

54. Courts consist of permanent judges

A judge when executing justice is independent and subordinate only to the Constitution and the law.

Any interference in the activity of the court in the exercise of justice is inadmissible and accountable by the law.

A judge may not be:

a. arrested, detained,

b. arraigned on a criminal charge without the consent of the President except for the cases of being apprehended on the scene of a crime or committing grave crimes.

i. Note: judges of the Supreme Court may not be arraigned on a criminal charge without the consent of the Senate except for the cases of being apprehended on the scene of a crime or committing grave crimes.

55. What is Labor Law of RK? What are its major sources?

Labor Law is a body of rules that governs labor relations arising in the process of citizens’ exercise of their constitutional right to freedom of labor.

1. Constitution of RK.
2. Labor Code of the Republic of Kazakhstan of May 15, 2007.

56. What are Major Rights and Obligations of Employees?

Rights:

1. to enter into, amend, and dissolve labor contracts with the employer;
2. to equal pay for equal work without any discrimination whatsoever;
3. to labor conditions that comply with safety and hygiene requirements;
4. to rest;
5. to compensation of health and property damage connected with work performance;
6. to increase his/her professional qualifications.

Obligations:

1. perform his/her work duties in good faith;
2. observe labor discipline;
3. not to damage the employer’s property;
4. comply with the requirements of labor protection rules and fire safety rules;
5. not to disclose the entrusted information that constitutes an official, commercial, or other secret protected by law;
6. report situations that jeopardize human life and health and the security of the property of the employer and employees.

57. What are Responsibilities of Employers?

maintain labor conditions for the employees in accordance with the labor legislation;

supply workers with the means and materials necessary for performance of their work duties;

pay in full and on time wages and other payments;

compensate employees for damage;

suspend operations if continuance of the same would jeopardize employees’ life or health;

warn employees of harmful and

hazardous labor conditions and

the possibility of occupational illness.

58. What are Labor Contracts? What are their Types and Major Conditions?

Labor contracts may be concluded in the form of:

a. Individual employment agreements (IEA);

b. Collective Agreements.

c. Labor contracts may be concluded:

d. for an indefinite term;

e. for a definite term;

f. for the time of performing a particular job or for the time of replacing a temporarily absent employee.

g. At least 16 years old

h. Exceptions (possible with the consent of the parents):

i. If persons have obtained a secondary education or left studies and have reached 15 years of age;

j. If persons have reached 14 years of age and the work does not disrupt the educational process (performed during time free from studies);

k. The consent of parents (guardian, curator) is given in writing (a statement); in doing so, the parents (guardian, curator) sign the IEA alongside the minor.

l. Probation period - not longer

m. than three months.

59. What are Grounds for Termination and Dissolution of a Labor Contract?

Liquidation (termination of the activity) of the employer

Staff reduction

Insufficient qualification

Health reasons

Unsatisfactory result of work during probation

Absence at work place without a valid excuse for more than 3 consecutive hours in one working day

Appearance at work in a condition of intoxication and/or taking during a working day of the substances causing intoxication

Violation by the employee of the rules of occupational heath, fire rules, traffic and transportation rules

Stealing

• Loss of trust in the employee by the employer

• Commitment by the employee who performs any education functions of an amoral offence

• Disclosure of any information which constitutes the state secret and other legally protected secrets

• Repeated failure by the employee to perform his/her duties

• Submission of misleading documents or information when concluding the employment agreement

• Failure by the employee to appear at work for more than 2 months in a row due to temporary sickness or incapacity, except for maternity leave.

• The job (position) of the employee who has lost the ability to work due to injury at work or occupational disease shall be preserved until he/she recovers his/her ability to work, or disability is established

• For certain categories of employees this Code provides for additional grounds for termination of employment agreement on the initiative of the employer.

60. What are Major Rules with respect to the Work Time in RK?

The time during which an employee is obligated to perform work duties in accordance with the provisions of the IEA

The standard duration of work time must not exceed 40 hours per week

Reduced work time:

a. age 14 - 16 no more than 24 hours per week;

b. age 16 – 18 no more than 36 hours per week;

c. heavy physical labor and work in harmful conditions, no more than 36 hours per week;

Rule: A five-day workweek with two days off.

d. Exception: In organizations where a five-day workweek is not feasible due to the nature of production and the labor conditions, a six-day workweek with one day off is established.

61. What are Major Rules with respect to the Rest Time in RK?

Five-day workweek - two days off, six-day workweek - one day off.

Break for rest and meals

a. In the course of daily work, the employee must be provided with a break for rest and meals of an aggregate duration of no less than one hour.

b. Not included in work time.

Special breaks

c. In order to warm up and rest.

d. Included in work time.

An employee’s duration of daily rest may not be less than 12 hours.

62. What are Major Rules with respect to the Wages in RK?

An employer must compensate the employee’s labor

a. depending on the quantity, quality, and difficulty of the work done.

b. systems of bonuses and rewards for year-end work results and other forms of material incentives may be implemented

Wage rates may not be lower than the minimum monthly wage as established by the legislation of Kazakhstan (2014 – 19 966KZT);

Overtime work is compensated at a rate of at least time-and-a-half;

c. Work during holidays and days off at a rate of at least double-time;

d. Every hour of nighttime work is paid at a rate of at least time-and-a-half.

e. Compensation for work during holidays and days off may be substituted by an additional day of rest if the employee so wishes.

Wages are disbursed no less frequently than once per month.

63. What are Major Rules with respect to the Employee Incentive and Punitive Measures in RK?

Incentives – to reward employees’ successful performance.

Disciplinary action against employees for breaches of labor discipline:

a. 1) reproof;

b. 2) reprimand;

c. 3) severe reprimand;

d. 4) dissolution of the IEA.

No other disciplinary action is permitted. Before disciplinary action is taken, a written explanation must be requested and obtained.

Disciplinary action may be imposed no later than one month after the offense was discovered, and no later than six months after the date when the offense was committed.

64. What are law enforcement organs in RK?

Organs of National Security

Organs of Internal Affairs

Public Prosecutor’s Office

Organs of Justice

Agency on Struggle against Economic and Corruption Criminality (FinPol)

Bar’s Office (Advokatura)

65. What are major functions of the Organs of National Security?

• Organs of National Security of RK are special state organs which are directly subordinated and accountable to the President of RK;

Tasks of Organs of National Security:

• State Security;

• Intelligence and prevention of the intelligence activities of foreign special services damaging the security of RK;

• Fight against terrorism and other activities directed at the violent change of the constitutional system and infringement of the territorial integrity of RK;

• Maintenance of governmental communication in peace and wartime;

• Protection of the state borders of RK.

– Legal Basis: Law of RK on Organs of National Security of 21 December 1995.

66. What are major functions of the Organs of Internal Affairs?

Organs of Internal Affairs of RK are special executive state organs which implement the following tasks:

a. Protection of public order;

b. Prevention, revealing, suppression of crimes and administrative offences;

c. Investigation of crimes, as well as the search of criminals;

d. Maintenance of investigation isolators;

e. Execution of administrative penalties;

f. Execution of the state supervision over the safety of traffic;

g. Protection of state establishments.

Legal Basis: Law on Organs of Internal Affairs dated by 21 December 1995

67. What are major functions of the Office of Public Prosecutor?

Supervision over exact and uniform application of the Constitution, laws and decrees of the President of RK and other normative legal acts;

Supervision of the legality of activities of other Law Enforcement organs;

Representing of the state interests in court.

Legal Basis: Law of RK on Office of Public Prosecutor of RK dated by 21 December 1995.

68. What are major functions of the Organs of Justice?

Organs of Justice of RK are special executive organs which implement the following tasks:

• Participation in the preparation of the national legislation and the international treaties of RK;

• State registration of legal entities; rights to real estate; and normative legal acts;

• Maintenance of the law and order in the criminal-executive system;

• Elaborating measures related to the protection of the intellectual property and counteraction to the illegal circulation of drugs;

• Passport and Visa Work.

• Legal Basis: Law of RK on Organs of Justice dated by 18 March 2002.

69. What are major functions of the FinPol?

• FinPol is the special state organ which is directly subordinated and accountable to the President of RK.

Major Tasks:

• Economic Security;

– Prevention, revealing, suppression of economic, corruption and financial crimes and offences;

– Elaborating state measures related to the fight of economic, corruption and financial crimes and offences.

70. What are major purpose and major principles of the Advokatura?

Major Purpose: to promote the constitutional right of citizens to the qualified legal assistance.

Major Principles:

– Independence of advocates;

– Realization of advocate’s activities by all methods and means not prohibited by the legislation;

– Inadmissibility of intervention of the Law Enforcement Organs as well as other State Organs and Officials with the activities of advocates;

– Observance of norms of professional behavior and preservation of advocate’s secrets.

Legal Basis: Law of RK on Advocate’s Activities dated by 5 December 1997.

71. Which are the main sources of Adminstrative law?

Constitution

Code of Administrative Offences, 2001

72. What are the grounds for an administrative offence? What is the difference between administrative offence and criminal violation?

Act of commission or act of omission, which contains all the features of corpus delicti of an administrative offence.

73. Which are the tasks of the administrative legislation?

Protection of:

a. Rights, freedoms and interests of people and organizations

b. Health and sanitary-epidemiologic wellness of population

c. Environment

d. Public morality

e. Property

f. Public order and security

g. Execution of the state power

74. Prevention of administrative offences.

75. Which are the principles of administrative law?

Legitimacy

Exclusive competence of the court

Equality in front of the law

Presumption of innocence

Guilt (Culpa)

Prohibition of double jeopardy

Humanism

Inviolability of a person

Respect of honor and dignity of a person

Inviolability of privacy

Inviolability of property

Independence of judges

Language of trial

Liberation of some categories of people from the duty to make statements in court

Right for qualified legal aid

Publicity of a trial

Security during the trial

Freedom of appeal

Court protection of rights, freedoms and interests of a person.

76. What is administrative violation?

illegal, culpable (intentional or negligent) act of commission or act of omission of a person or

Illegal act of commission or omission of a legal entity,

which is punishable under the Code of administrative offences and not punishable under the Criminal Code.

77. What is culpable act of commission/omission?

If a person:

• was realizing the unlawfulness of the act

• was able to foresee the harmful consequences of the act

• desired, consciously admitted or were indifferent to the effect of the act.

78. What is negligent act of commission/omission?

If a person:

• could foresee the harmful consequences of the action, but

• carelessly counted on the prevention of such.

79. Which are the possible types of punishment according to the Code of Administrative Offences?

• Warning

• Administrative fine

• Redeemable taking away of the thing which

served to commit an offence

• Confiscation of the thing which served to commit an offence

• Deprivation of a special right

• Deprivation of a license or other special permission

• Suspension or prohibition of the activity of an individual entrepreneur

• Compulsory demolition of the illegal construction

• Administrative arrest

• Administrative deportation of a foreigner.

80. What is Criminal Law of RK? What is major source?

The Criminal Law is a body of norms of law which regulates:

1) the criminality and punishability of actions;

2) principles and grounds of criminal liability;

3) concept, conditions and system of punishments;

The only source of Criminal Law is the Criminal Code of RK of July 16, 1997.

– It is based on the Constitution and the principles of international law.

81. What are principles of Criminal Law?

Principle of Legality

a. Criminality of acts and consequently their punishability are determined only by the Criminal Code

b. No Crime determined by the Criminal Code – No Punishment.

Principle of Equality

c. Persons who have committed crimes are equal before the law and are subject to the criminal liability irrespective of any factors.

Principle of Guilt

d. Persons are subject to the criminal liability only for those socially dangerous acts and consequences concerning which their guilt is established.

Principle of Justice

e. Punishment should correspond to character and the degree of public danger of the crime.

f. Nobody can bear the criminal liability twice for the same crime.

Principle of Humanism

g. Criminal punishment may not cause excessive physical sufferings or to humiliate criminals;

Principle of Individual Responsibility

Principle of Inevitability of Punishment.

82. What are tasks of Criminal Law?

Protection of rights and freedoms of individuals;

Protection of rights and interests of organizations;

Protection of property;

Protection of public order and safety;

Protection of environment;

Protection of constitutional system and territorial integrity of Republic of Kazakhstan;

Protection of peace and security of mankind; and

Prevention of crimes.

83. What is the action of the Criminal Law in space?

Principle of Territoriality:

a. A person who has committed a crime on territory of RK bears liability according to the Criminal Code.

b. Exception: Persons who enjoy diplomatic immunity.

Principle of Nationality:

c. Citizens of the RK who committed a crime abroad are subject to criminal liability in accordance with the Criminal Code, if

i. a given act which was committed is recognised as a crime on the territory of a state where it was committed, and

ii. if those persons were not convicted in that other state.

Protective Principle:

d. Foreigners who have committed a crime outside of RK are subject to the criminal liability according to the CC

i. if the crime is directed against interests of RK, and

ii. if they were not condemned in that other state.

84. What is the action of the Criminal Law in time?

The criminality and punishability of an act are determined by the law in force at the time of the commitment of that act.

a. A law which eliminates criminality or punishability of an acts, which mitigates liability or punishment for it or otherwise improves the status of a person who committed a crime, has a retroactive force.

b. A law which establishes criminality or punishability of an act which increases liability or punishment, or otherwise deteriorates the status of a person who committed that act, has no retroactive force.

85. What is crime? What are its attributes?

Crime is a publicly dangerous act (or a failure to act) for which someone is found guilty, and which is prohibited by the Criminal Code under the threat of legal punishment.

Features:

1. Danger for Society

2. Illegality

3. Guilt

4. Punishability

86. What are the categories of crimes?

Depending on the character and degree of public danger crimes are divided into:

• crimes of lesser gravity

– 1) deliberate acts - the punishment does not exceed 2 years of deprivation of freedom;

(e.g. Article 105: Deliberate Causation of Light Damage to Heath).

– 2) negligent acts - the punishment does not exceed 5 years of imprisonment;

(e.g. Article 101: Causation of Death by Negligence)

• crimes of medium gravity

– 1) deliberate acts - 5 years of deprivations of freedom;

(e.g. Article 116: Infection with the Virus of HIV/ AIDS)

– 2) negligent acts - more than five years.

(e.g. Article 279: Violation of Safety Rules in Treatment of Micro-Biological or Other Biological Agents or Toxins).

• grave crimes – deliberate acts for the commission of which the maximum punishment does not exceed twelve years of imprisonment;

(e.g. par. 1 Article 96: A Murder).

• especially grave crimes – deliberate acts for the commission of which the CC stipulates punishment in the form of imprisonment for a period of more than twelve years or capital punishment.

(e.g. Article 167. Attempt Upon the Life of the President of RK).

87. What is Corpus Delicti? What are its elements?

Elements:

Object

Objective Side

Subject

Subjective Side

88. What forms of guilt are there?