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law_lecture_3.pptx

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*Constitution is a main law of society and state, securing and regulating bases of *Constitution is a main law of society and state, securing and regulating bases of a constitutional system (order) , bases of law position of a person, bases of state system and realization of a state power and local selfgovernment. *Thus constitution is a main standard act of a state. It contains norms, regulating all main forms of society life, it is a standard basis of the whole existing legislation. * Constitutional law 1. Constitution is a main source of a state law.

*Constitutional *1. Constitution is a main source of a state law. *The constitution of *Constitutional *1. Constitution is a main source of a state law. *The constitution of the Republic of Kazakhstan was accepted on 30 th of August 1995 on a republic referendum. It replaced the 1 st constitution of an independent Kazakhstan, accepted by Supreme Soviet on 28 th of January 1993. Changes and amendments into existing Constitution were accepted by a Constitution law on 7 th of October 1998. law

* The stages of development of a constitutional legislation in Kazakhstan are marked by * The stages of development of a constitutional legislation in Kazakhstan are marked by the following acts: 1) the soviet period-the program of Alash party from 21 st November 1917; Declaration of rights of workers of Kyrgyz Autonomy SSR from the 6 th October 1920; The project of Constitution of 1926; The Constitution of Kazakh SSR of 1937 and 1978. 2. Law dated 24 th April 1990 “About establishment the post of president of Kaz. SSR”; Declaration “About state sovereignty of Kazakh SSR” dated 25 th October 1990 *Constitutional law

*3) The Law of the RK dated 10 th December 1991”About changes in naming *3) The Law of the RK dated 10 th December 1991”About changes in naming of Kazakh SSR”; Law dated 16 th December 1991 “ about state independence” 4) The Constitution of the RK dated 28 th January 1993 5) The Constitution of RK dated 30 th August 1995 6) Law of the RK dated 7 th of October 1998 “About introduction of changes and amendments into the Constitution of the RK” *Constitutional law

*Democratic state is a state united on an equal basis. where all citizens are *Democratic state is a state united on an equal basis. where all citizens are *Secular state is a state where citizens have a right to recognize any type of religion or do not recognize any of them. *Legal state is a state where law expresses real will of people but not a part of it. * 2. Kazakhstan is a democratic , secular, legal and social state.

* Depending on contents of constitutional rights and freedoms can be divided into the * Depending on contents of constitutional rights and freedoms can be divided into the following groups: 1) personal rights and freedoms 2) social, economic and cultural 3) political. * Personal rights belong to every person or a citizen and they are not connected with citizenship. These are the following rights: right on life (art 15); personal freedom (art 16), inviolability of dignity(17), inviolability of a private life (18) and freedom of conscience (22) and others. * 3. Right and freedoms of a person and a citizen.

* Social-economic rights guarantee worthy life, social security. These are labour freedom (24), right * Social-economic rights guarantee worthy life, social security. These are labour freedom (24), right of private property (26), right on rest (24) , pension providing (28) and others. Cultural rights include right on free secondary education(30), freedom of creation (20). * Political rights include such rights as right on freedom of unions (32), participation in governing of a state (33), to elect and to be elected (33) and freedom of expressing of your opinion. (20) *3. Right and freedoms of a person and a citizen.

*4. The system of election. *The election system is a totality of juridical norms, *4. The system of election. *The election system is a totality of juridical norms, establishing principles on the basis of which elections are held. It determines the order of organization and conducting of elections, regulates relations arising in the process of formation state power and local selfgoverning.

*The principles of participation of citizens –are main beginnings of an election right, which *The principles of participation of citizens –are main beginnings of an election right, which are in the basis of realization right of citizen to participate in governing of society and state (33). The main principles of an election right of the RK are university, equality, the secret of voting of direct and indirect elections. They are fixed by Constitution of the RK and Constitutional Law of the RK “About elections in the RK” from 28 th September 1995. *4. The system of election.

*The universal election right means that all citizens of the RK who achieve the *The universal election right means that all citizens of the RK who achieve the definite age independently of their sex, nationality, race, religion and so on have a right to elect and be elected into elective body of a state power. The universal election right is divided into active and passive. An active right of citizens is to participate in elections when a citizen achieve the 18 th age. Passive right is a right of citizens to be elected President, deputy of Mazhilis and Maslikhat with limitations stated by law. *4. The system of election.

* 1. What purpose does The Republic of Kazakhstan set before itself * 2. * 1. What purpose does The Republic of Kazakhstan set before itself * 2. What is the main condition of its construction? * 3. What is the principles of right? * 4. What principles do you know? * 5. Are there any exceptions in operating all-legal principles? * 6. What principle do you know? * 7. What principles are inter-branch ones? * 8. What principles are branch? * *Questions on lecture 2.