Introduction to law Business Law 2 Zhanat Alimanov

Introduction to law Business Law #2 Zhanat Alimanov, School of Law

Home assignment 1 1. Statute on Normative Acts (Закон РК «О Нормативных Правовых Актах» ) 2. Statute on Budget (Закон «О республиканском бюджете на 2012 -2014 годы» ) p Please see these Statutes on the L-Drive, folder “ 2. Acts”

Terms & Translation a. b. c. d. Law – Право Statute - Закон Normative – нормативный (обязательный) Government - государство

Plan I. What is Law? And Business Law? II. Legal Acts III. Hierarchy of Legal Acts IV. Focus of the Course

I. What is Law? n What is Law? n What is Business Law? n Law vs. Statute (Право против Закона)

I. What is Law? Is it: q Law? q Statute? q Or smth else?

I. What is Law? n Law (definition) – set of (1) (2) (3) n Statute is q q n Rules of behavior Sanctioned and enforced by government To be complied with (должны подчиняться) by all people in the country Source of law Legal act Hierarchy of legal acts

I. What is Law? n What is Law (право)? q n consists of legal acts What is Statute (закон)? q one of the legal acts

I. What is Law? 1. Are they rules of behavior? 2. Are they sanctioned and enforced by government? 3. Are they to be complied with by all people in the country?

I. What is Law? 1. Are they rules of behavior? Rights & obligations => Yes 2. Are they sanctioned and enforced by government? We do not know. How can we find out? 3. Are they to be complied with by all people in the country? We do not know. How can we find out?

I. What is Law? How can we find out? We need to look at the sources of Law? Are there a statute? Or Code? Or? What other sources of Law are you aware of?

I. What is Law? How can we find out? We need to look at the sources of Law? Are there a statute? Or Code? Or? What other sources of Law are you aware of? Art. 3, Statute on Normative acts

I. What is Law? Is this Law?

II. Legal Acts Legislative Act (законодательный акт) vs. (против) Sub-legislative Act (подзаконный акт)

III. Hierarchy of legal acts

II. Legal Acts Could you give me examples of: n legislative or n sub-legislative acts?

II. Legal Acts Why it is necessary to know the hierarchy of legal acts?

Example Let’s assume (предположим) that: Decrees of the Ministers of Justice & Finance say that taxes should be paid before payments to creditors. n Civil Procedure Code says that payment to creditors should go before taxes. n What act prevails?

Example Let’s assume (предположим) that: Decrees of the Ministers of Justice & Finance say that taxes should be paid before payments to creditors. n Civil Procedure Code says that payment to creditors should go before taxes. n What act prevails? Art. 4, 6, Statute on Normative acts

II. Legal Acts What act it is: Legislative? Sub-legislative?

III. Hierarchy of legal acts Legislative acts (законодательные акты) A. B. C. D. E. Constitutional Statute Code Statute Presidential Decrees having the force of Statute *Art. 4, Statute on Normative acts

III. Hierarchy of legal acts (art. 4, Statute on Normative Acts Sub-Legislative Acts (подзаконные акты) A. B. C. Presidential Decrees Acts of Cabinet of Ministers Other acts of the executive branch of KZ government *Art. 4, Statute on Normative acts

IV. Focus of the Course Theory of State & Law Civil Law 1. 2. Contracts Legal & Physical Entities 3. Labor Law 4. Tax Law