Introduction to law Business Law #2 Zhanat Alimanov, доклад на Общие темы

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Introduction to law Business Law #2 Zhanat Alimanov, School of Law
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Home assignment 1
Statute on Normative Acts
	(Закон РК «О Нормативных Правовых Актах»)
Statute on Budget (Закон «О республиканском бюджете на 2012-2014 годы»)

Please see these Statutes on the L-Drive, folder “2. Acts”
Home assignment 1 Statute on Normative Acts (Закон РК «О Нормативных Правовых Актах») Statute on Budget (Закон «О республиканском бюджете на 2012-2014 годы») Please see these Statutes on the L-Drive, folder “2. Acts”
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Terms & Translation
Law – Право
Statute - Закон
Normative – нормативный (обязательный)
Government - государство
Terms & Translation Law – Право Statute - Закон Normative – нормативный (обязательный) Government - государство
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Plan
What is Law? And Business Law?

Legal Acts

Hierarchy of Legal Acts

Focus of the Course
Plan What is Law? And Business Law? Legal Acts Hierarchy of Legal Acts Focus of the Course
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I. What is Law?
What is Law?
What is Business Law?
Law vs. Statute (Право против Закона)
I. What is Law? What is Law? What is Business Law? Law vs. Statute (Право против Закона)
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I. What is Law?
Is it:

Law?
Statute?
Or smth else?
I. What is Law? Is it: Law? Statute? Or smth else?
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I. What is Law?
Law (definition) – set of
Rules of behavior
Sanctioned and enforced by government
To be complied with (должны подчиняться) by all people in the country

Statute is
Source of law 
Legal act
Hierarchy of legal acts
I. What is Law? Law (definition) – set of Rules of behavior Sanctioned and enforced by government To be complied with (должны подчиняться) by all people in the country Statute is Source of law Legal act Hierarchy of legal acts
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I. What is Law?
What is Law (право)?
consists of legal acts
What is Statute (закон)?
one of the legal acts
I. What is Law? What is Law (право)? consists of legal acts What is Statute (закон)? one of the legal acts
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I. What is Law?
Are they rules of behavior?
Are they sanctioned and enforced by government?

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

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? Are they rules of behavior? Rights & obligations => Yes Are they sanctioned and enforced by government? We do not know. How can we find out? Are they to be complied with by all people in the country? We do not know. How can we find out?
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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?
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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? 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
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I. What is Law?
Is this Law?
I. What is Law? Is this Law?
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I. What is Law?
Is this Law?
I. What is Law? Is this Law?
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II. Legal Acts
Legislative Act
(законодательный акт) 

vs.
(против)
Sub-legislative Act
(подзаконный акт)
II. Legal Acts Legislative Act (законодательный акт) vs. (против) Sub-legislative Act (подзаконный акт)
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III. Hierarchy of legal acts
III. Hierarchy of legal acts
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II. Legal Acts
Could you give me
 examples of:
legislative or
sub-legislative acts?
II. Legal Acts Could you give me examples of: legislative or sub-legislative acts?
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II. Legal Acts
Why it is necessary to know the 
hierarchy of legal acts?
II. Legal Acts Why it is necessary to know the hierarchy of legal acts?
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Example
Let’s assume (предположим) that:
  Decrees of the Ministers of Justice & Finance say that taxes should be paid before payments to creditors.
  Civil Procedure Code says that payment to creditors should go before taxes.
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. Civil Procedure Code says that payment to creditors should go before taxes. What act prevails?
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Example
Let’s assume (предположим) that:
  Decrees of the Ministers of Justice & Finance say that taxes should be paid before payments to creditors.
  Civil Procedure Code says that payment to creditors should go before taxes.
What act prevails?
Art. 4, 6, Statute on Normative acts
Example Let’s assume (предположим) that: Decrees of the Ministers of Justice & Finance say that taxes should be paid before payments to creditors. Civil Procedure Code says that payment to creditors should go before taxes. What act prevails? Art. 4, 6, Statute on Normative acts
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II. Legal Acts


What act it is:
Legislative?

Sub-legislative?
II. Legal Acts What act it is: Legislative? Sub-legislative?
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III. Hierarchy of legal acts 
Legislative acts (законодательные акты)
Constitution
Constitutional Statute
Code
Statute
Presidential Decrees having the force of Statute
III. Hierarchy of legal acts Legislative acts (законодательные акты) Constitution Constitutional Statute Code Statute Presidential Decrees having the force of Statute
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III. Hierarchy of legal acts (art. 4, Statute on Normative Acts
Sub-Legislative Acts (подзаконные акты)

Presidential Decrees
Acts of Cabinet of Ministers
Other acts of the executive branch of KZ government
III. Hierarchy of legal acts (art. 4, Statute on Normative Acts Sub-Legislative Acts (подзаконные акты) Presidential Decrees Acts of Cabinet of Ministers Other acts of the executive branch of KZ government
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IV. Focus of the Course
Theory of State & Law
Civil Law 
Contracts
Legal & Physical Entities
Labor Law
Tax Law
IV. Focus of the Course Theory of State & Law Civil Law Contracts Legal & Physical Entities Labor Law Tax Law