Basis for emergence, modification and termination of legal relations (legal facts)

Classification normative legal acts

Traditionally, all legal acts are divided into two types or groups laws and subordinate legislative acts. Criterion of their classification is legal force, in its to the latter depends on the position of authority which is issued one or another normative act. With regards to this criterion in each country or legal system must be established a trict hierarchy of normative legal acts In the bottom of this hierarchy located regulations which are issued by local authorities.

 In the top of the hierarchy located the normative legal acts which a reissued by the higher authorities. These acts- laws have the highest legal authority than subordinate legislative acts.

Laws: their characteristics and types.

In the system of normative legal acts laws occupy a central place and play a leading role.

Being fundamental act in relation to all other sources of law,the laws are distinguished among them as the unique features.

 Law - this is the normative act which is adopted by the highest state authority (Parliament in the Republic of Kazakhstan, the Congress - in the United States, the Parliament-in Italy, Japan, etc.) representing the formal legal sense, which are directed by the people through a referendum.

 Constitutional laws inclu legalacts such as the constitution of the state, the laws which make changes and additions to the constitution and laws, the adoption of which is stipulated by the constitution.

 Of course, the first place among constitutional law belongs constitution. Constitution (from Conslitutio - setting device) is fundamental legal act, which establishes the basic human rights and freedoms, the foundations of the state and public system. The Constitution acts as a starting legal beginning in relation to the constitutional laws.

The draft law on normative legal acts is a subject of discussion of the scientific community, policy makers and other interested parties. The article analyzes the main provisions of the draft law “On normative legal acts in the Russian Federation” for stipulating in it summaries of judicial practice and enforcement, scientific research and the needs of the law-making activities. Quantitative and qualitative methods, as well as historical and specialized legal research methods were used in preparing the article. Development of the draft law by the Ministry of Justice of Russia, allows hope to enact a law that will help to stabilize the legal system, legislation and lawmaking. It is necessary a qualitative improvement of the draft at the stage of its discussion before the official introduction to the legislative body: clarification of the definition of the normative legal act, document types, the subjects of lawmaking, systematization, responsibilities of lawmaking bodies.

 

What is the legal norm?

Over the entire period of the state and law, has developed many different definitions and concepts about legal norms.

Legal norms is an obligatory rule sets which are conducted and enforced by the State on the basis of which there are legal rights and obligations of the parties.

The legal norm  is always a certain model of public relations, which is provided by the state. It has been always understood as a measure of proper behavior and cell of the whole system of law.
Key features of the norm of law

a) a direct connection between the rule of law with the state (issued or authorized by the state);

b) expression of public will;

c) universal considered as binding law;

d) g) strict form of regulations contained in the law;

e) reuse and duration sign of rules of law;

f) their strict subordination and hierarchy;

g) protection of law by the state;

h) the use of state coercion in the case of violations contained in the law decrees.

 Internal structure of the law.

 The structure of the legal norms is its internal, inner form, and elements.Components of the elements of norm of law:

-hypothesis;

- dispositions;

-sactions

The hypothesis is a part of the rule of law which shows a specific life circumstances, the conditions, in compliance with this rules comes into effect or can be realized.

Legal norms are formal; they are promulgated and enforced by the centralized authority of the state. Nongovernmental organizations also formally promulgate and enforce norms. But some norms arise and are enforced informally and without centralized authority. Informal negative sanctions include censure, gossip, ostracism, and violence. Positive sanctions include praise and the provision of social and economic opportunities. Beyond external sanctions, one may approve or disapprove one's own conformity or nonconformity, respectively, and experience pride or guilt. Informal norms are important because they contribute to spontaneous order, which has implications for, among other things, political theory.

 

 

Basis for emergence, modification and termination of legal relations (legal facts)

Essential meaning, in order to understand legal relations, can be defined as the study of basis for the emergence, modification and termination of their existence, called legal facts.

Because for the emergence, modification and termination of legal relations, there is required not only an interest of subject rights, but also certain life circumstances. The most common criterion for classification is the sign of strong-intention. In compliance with it, eredall legal facts are divided into actions and casus

Actions can be considered as those legal facts which entirely dependent on the intention of person who is participant of legal relations. Depending on the character of interrelations with right norms, actions are divided into lawful and unlawful.

Lawful actions are expressed in human behavior, corresponding legal requirements and permissions.

Unlawful actions - this is the actions that are not in conformity with the requirements of the law norms, and violate the legal commands.

 Casus as legal facts do not depend on the person's intention, but entail emergence, modification or termination of legal relations, respectively subjective rights and legal liabilities.

Not all casus in nature and society can be considered as the legal legalfacts. And only those, which in one way or another affect the social life and relationships that exist in society. For example, natural disasters such as floods or earthquakes, entail the emergence of numerous legal not on its own, because of their emergence, but only because they are the direct cause of injury or loss of life , destruction of or damage to insured property, destroyed buildings, etc.

Legal facts casus -can be birth, illness or death of a person, fires, epidemics, and all others phenomena, which doesn't depend on the intention and consciousness, and this is considered by legislation as legal relations.

 

The Constitutional Council

The Constitutional Council of the Republic of Kazakhstan shall consist of seven members whose powers shall last for six years. The ex-Presidents of the Republic shall have the right to be life-long by the President of the Republic, and in case the votes are equally by the President of the Republic, on two members shall be appointed members of the Constitutional Council.

The Chairperson of the Constitutional Council shall be appointed divided, his vote shall be decisive.

Two members of the Constitutional Council shall be appointed accordingly by the Senate and the Mazhilis. Half of the members of the Constitutional Council shall be renewed every three years.

 The Constitutional Council by appeal of the President of the Republic of Kazakhstan, the chairperson of the Senate, the Chairperson of Mazhilis, not less than one-fifth of the total number of deputies of Parliament, the Prime Minister shall:

1) decide on the correctness of conducting the elections of the President of the Republic, deputies of Parliament, and conducting an all-nation referendum in case of dispute;

2) consider the laws adopted by Parliament with respect to their compliance with the Constitution of the Republic before they signed by the President;

3) consider the international treaties of the Republic with respect to their compliance with the constitution, before they are ratified;

4) officially interpret the standards of the Constitution.

The Constitutional Council as a state body which provides for the supremacy of the Constitution of the Republic of Kazakhstan in the entire territory of the Republic shall:

1) be independent and separate from state bodies, organizations, official persons and citizens, subordinated only to the Constitution of the Republic and may not use political or any other motives when exercising its powers;

 2) exercise its powers, guided by the Constitution of the Republic and this Constitutional Law, abstaining from establishing and examining any other issues in any other cases when those are under the jurisdiction of the Courts or any other state bodies.

 

 

Environmental law

Environmental law, also known as environmental and natural resources law, is a collective address environmental pollution. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category, but are nonetheless important components of environmental law.

Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. The purpose ofenvironmental law is to protect the environment and create rules for how people can use natural resources.

Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. The purpose of environmental law is to protect the environment and create rules for how people can use natural resources. Environmental laws not only aim to protect the environment from harm, but they also determine who can use natural resources and on what terms. Laws may regulate pollution, the use of natural resources, forest protection, mineral harvesting and animal and fish populations.

Early environmental laws

Environmental laws are relatively new in American history. Lawmakers began to pass environmental laws in the twentieth century. The environmental movement began to pick up pace in the 1960s with the majority of environmental laws and regulations being created since that time.

The first environmental laws focused on nuisance. When one person’s use of their property interferes with another person’s use of their own property, courts can step in to stop the nuisance. Nuisance laws largely developed through common law decisions in the courts. The laws protect a property owner from having another person or corporation infringe on their right to enjoy their own property. Early environmental laws didn’t focus on protecting the environment as a whole. They also didn’t give standing for a person to sue a polluter if they weren’t personally harmed by the other person’s actions.

 

      7.The President.

The president of the Republic of Kazakhstan shall be the head hest official determining the main guidelines of the policy of the state and representing Kazakhstan Article 40 President of the Republic of of the state, its highest ic and foreign try and in international relations.

 The President of the Republic shall be the symbol and. of the Constitution, rights and freedoms of an individual and citize concerted functioning of all branches of state power an antor of the unity of the people and the state power, inviolability .

 The President of the Republic shall ensure by his arbitration and responsibility of the institutions of power before the people.

 The President of the Republic shall be elected by universal, ual and direct suffrage under a secret ballot for a five-year term in accordance with the Constitutional Law by the citizens of the Republic, who have come of age.

 A citizen of the Republic shall be eligible for the office of the President of the Republic of Kazakhstan if he is by birth not younger.

Than thirty-five and not older, than sixty-five, and has a perfect command of the state language and has lived in Kazakhstan for not less than fifteen years. election of a new Parliament of the Republic.

Regular elections of the President of the Republic shall be held on the first Sunday of December and shall not coincide with the election of a new parlament of the Republic.

Extraordinary presidential elections shall be assigned by the decision of the President of the Republic and shall be held in the procedure and terms, established by the Constitional law.

The President of the Republic of Kazakhstan shall be the head of the state, holder of the highest office determining the main guidelines of the domestic and foreign policy of the state and representing Kazakhstan within the country and in international relations.

The President of the Republic shall be a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, the rights and freedoms of person and citizen. The President of the Republic ensures the coordinated functioning of all branches of government and the responsibility of the authorities to the people.

 

 

Parliament

The Parliament of the Republic of Kazakhstan is the highest representative body of the Republic exercising legislative power.

 Parliament's powers shall begin from the opening of its first session and terminate with the first session of the Parliament of a new convocation.

 The powers of Parliament may be terminated early in cases and as stipulated by the Constitution.

Constitutional Law shall determine the organization and activity of Parliament as well as the legal status of its deputies.

Parliament of the Republic of Kazakhstan is the highest representative body of the Republic performing legislative functions.

Parliament's powers shall begin from the opening of its fi session and terminate with the first session of the Parliament of its, first session and terminate with the the first session of  theParliament of a new convocation.

The powers of Parliament may be terminated early in case new convocation and procedure stipulated by the Constitution.

The organization and activity of Parliament, the legal stat aeor us its deputies shall be determined by Constitutional Law.

 Parliament shall consist of two Chambers: the Senate and the Mazhilis, which act on the permanent basis.

The Senate shall be composed of deputies in the procedure stipulated by Constitutional Law representing by two individuals from each region, city of the Republic, significance and capital of the assigned by the President of the Republic, accounting the need of provision of the representation of national cultural and othe Republic of Kazakhstan.

Fifteen deputies of the Senate shall be significant interests of the society in the Senate elected in the procedure established by the Constitutional Law. Chambers at the same time.

The Mazhilis shall consist of one hundred and seven deputic.

 A deputy of Parliament may not be a member of  both Chambers at the same time. The term of powers of the Senate's deputies shall be six years, and the term of the deputies of  the Mazhilis shall be five years.

 Election of the ninety eight deputies of the Mazhilis shall be carried ut on the basis of the universal, equal and direct suffrage by secret ballot. ties of the Mazhilis shall be elected by the Assembly of the People of Kazakhstan.

 

Basics of civil law

Concept of civil law

Speaking about the concept of civil law, it should be mentioned, that it is very difficult, multifaceted, and multivalued. As a branch of law, civil law can be considered as aggregation of legal norms, aimed primarily at regulation of property relations, which occurs in the field of commodity production.

What is the subject of civil law?

The subject of civil law has two types of property relations: a) property relations, i.e. relations, which occurs regarding different types of material goods - services, implementation of certain types of work, items; b) private non-property relations, which are directly connected, as a general rule, with property relations.

Sources of civil law

Constitution of the Republic of Kazakhstan contains in itself, fundamental principles and norms of various branches of the law, as relevant principles and norms of civil law. Among them, for example, the basic provisions, concerning the rights to private property and inheritance, which are protected and guaranteed by the law; ownership rights, use and disposal of lands and other resources, etc.

Important role in the system of civil law sources, play current laws. Central place among them takes Civil Code of the Republic of Kazakhstan. Along with Constitution of the Republic of Kazakhstan and the laws, also important role takes bylaws as the source of civil law.

Civil-law relations can be considered as a form of legal relations. It represents regulation of civil law and attitude, which occurs from civil law norms base.

Distinctive feature of subjects of civil-law relations, and hence the of relations can be concerned, firstly subject -parts of these and organizational plan are completely relations in the property from each other. Secondly, they are legally equal. And, thirdly, the legal guarantees of each party subjective right are peculiar only non-perform to civil law methods for their protection and appropriate measures ormance or improper performance of obligations by the parties.

   Civil rights and obligations arise, change and terminate from the grounds provided for by the legislation of the Republic of Kazakhstan, as well as from actions of citizens and legal entities, which, although not provided for by it, but due to the general principles and meaning of civil legislation, generate civil rights and obligations.

 

 

The concept of family law

Family law -this is the branch of law, consisting of legal norms,which regulate social relations that occur between process of creation and existence of family, as well as marriage.

 Relations regulated by marriage and family legislation of the Republic Kazakhstan

Sets out the rights and obligations, proprietary and andpersonal relationships between family members: spouses, parents and children, and within the limits prescribed by mariage and family legislation the Republic of Kazakhstan, among other relatives and individual.

Determines the form and manner of orphans and children entering to family, who were left without parental care.

Governs the procedure of state registration, in terms of civil state acts.

Defines the functions of state bodies, which implement the stateregistrationof civil state acts.

Basis of marriage and family legislation of the Republic Kazakhstan

Marriage (matrimonial state) and family, motherhood, fatherhood and childhood are under state protection.

Marriage and family legislation of the Republic of Kazakhstan isbased principles of:

1) voluntary marriage (matrimonial state) of man and woman;

2) equal rights of spouses in the family

3) inadmissibility of arbitrary interference in family matters;

4) solution of issues by mutual agreement;

5) priority of family upbringing, care about their growth and well-being

6) priority to protect the rights and interests of minors, elderly and disabled family members;

7) ensure of smooth implementation, in terms of family member's rights, as well as the possibilities of those rights judicial protection;

Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others. Attorneys practicing family law can represent clients in family court proceedings or in related negotiations and can also draft important legal documents such as court petitions or property agreements. Some family law attorneys even specialize in adoption, paternity, emancipation, or other matters not usually related to divorce.

States have the right to determine" reasonable formal requirements " for marriage, including age and legal capacity, as well as the rules and procedures for divorce and other family law matters.

 


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