Дәрістер

1-тақ ырып. Кіріспе.Актив сө здермен танысу. Қ азақ станның экономикасы. Жай сө йлем, оның тү рлері, жасалу жолдары. Айтылу мақ сатына қ арай жай сө йлем тү рлерін мең герту.

1. Актив сө здер – кү н сайын жиі қ олданылатын сө здер. Актив сө здердің мол болуы адамның сө йлеу ә рекетіне, айналысқ ан кә сібіне байланысты. Студенттермен сө здіктерді пайдаланып, мамандық тарына қ атысты актив сө здерді теріп, соларды қ олдана отырып сө йлем қ ұ ратың ыз. Студенттердің кү нделікті кә сіби лексика қ атарына актив сө здерді енгізуге ық пал етің із. Қ азақ стан экономикасы - Қ азақ станда нақ ты жұ мыс істейтін нарық тық экономика қ ұ рылғ ан. Мұ нда табиғ и ресурстар шешуші рө л атқ аруы тиіс. Экспорттан тү сетін кіріс арқ ылы экономикалық ә луеттің барлық қ ұ рамдас бө ліктерінің нығ айтылуын нақ ты мысалдар арқ ылы студенттерге талқ ылату. Жай сө йлем тү рлері: 1.Болымды, болымсыз сө йлемдер. 2.Жақ ты жә не жақ сыз сө йлемдер. 3.Толымды жә не толымсыз сө йлемдер. 4.Атаулы сө йлемдер. 5.Бір негізді, екі негізді сө йлемдер. 6.Кү рделенген сө йлемдер. 7.Қ ыстырынды сө йлемдер. Айтылу мақ сатына қ арай: хабарлы, сұ раулы, лепті, бұ йрық ты

Lecture 1.

Subject: The subject of " Fundamentals of law" course system

The plan:

- Goals and tasks of " Fundamentals of law" course

- The role of law fundamentals in development and improvement of market relations.

- Formation and development trend of law foundations.

- Fundamentals of law and legal education.

Keywords: law, legal education.

Law is a system of mandatory rules of behavior (norms), established or authorized by the State, which provides implementation of the most important interests of the individual and society. There are standard and broad approaches to define the law. In determining the law from the normative approach perspective following essential features stand out: state-willed, regulatory, formally defined and dictatorial nature of the law. In determining the rights from the broad approach perspective followinf features are essential: the mutual benefit of the mandatory rules of conduct, its justice, the implementation of legal relations, including in the concept of law rules which are not already formally set down, the division of right and law.

Law plays an important role in regulating and ordering the social relations. The principles of law are the fundamental origins, which define and express its essence. The basic principles of the law include: equality, unity of rights and responsibilities, humanism, social justice, democracy.

The functions of law are the main directions of law impact on social relations. Functions of law are divided into external and internalnal. The external (common) law functions are: political, economic, social, educational. The internal (legal) include: regulatory and saving or protecting. Due to the regulatory function law establishes rules of conduct and coordinate its implementation. The allowing and binding standards are key elements in the regulatory function of law. Saving function of law is aimed at protecting the most important public relations. The key elements in saving function are mainly forbidding or prohibiting rules of conduct.

Right, alike the state, is a product of society at its certain stage. The occurence of mandatory social norms linked with the need to provide for a social group the possibility to own, use and dispose the objects, which can meet the needs and provide interests raw implemented this social group. The development of right is closely connected with the development of State, as the state, at some stage, provides the most important social norms, making them legal, and serves to establish new rules of law.

Social relations in general, regulated social norm. As the types of social norms can be distinguished following terms: moral norms, corporate norms, customs, law norms and other rules of conduct. Moral norms are the rules of conduct which are formed by society in terms of good and evil, right and wrong, honor, conscience, etc. Corporate standards are the rules of conduct established in the decisions, regulations and other documents adopted by NGOs. Custom is a rule of conduct, which acts as a natural necessity of people’s lives and as a result of frequent repetition becomes a habit for them. The rule of law is distinguished from all other social norms by several aspects: a formal determination in the form of regulations, universally binding on all subjects of social relation which is provided by the coercive force of the state, estimation of behavior from the point of legitimacy or illegitimacy, legality or illegality.

Legal regulation is an efficient legal impact on social relations, carried out through legal means. There are several methods of legal regulation, as techniques and ways which help to control the qualitytively homogeneous social relations. The main methods of legal regulations include: 1) the imperative (authoritarian subordination, power and submission) which works in the following way – on the one hand is the state as authorized entity, on the other hand – all the other subjects of law which are obliged to do state’s will 2) the dispositive (autonomous, coordination, equality), according to which entities on the basis of mutual agreement, independently establish, modify and terminate the mutual rights and obligations.

The sources of law from the material sense perspective are understood as the material conditions of life in society, in the scientific sense it means historical documents containing legal norms. In the formal and legal sense it is the external form of expression of the law. There are following sources of law: legal practice (custom), legal precedent, regulatory agreement, a legal act. Legal custom it is sanctioned and provided by the state custom. Legal precedent means the decision of the authority on a particular issue, which has become a model for future decisions on such matters and recognized as a rule of law. Regulatory agreement means a special type of regulatory (normative) legal act, which due to reaching an agreement of the parties, contains a rule of law. Regulatory legal act is a relevant public authority document, comprising the rule of law. Legal acts are subdivided into legislative and bylaw acts.

The law is a legal act, which has the highest jurisdiction force adopted ​ ​ by the supreme legislative body (Parliament), or community (referendum), which regulates the most important public relations. The legislative acts include the Constitution, the Constitutional law, the Code, the law, presidential decree having the force of law and other regulations, which have supreme legal force and regulating the most important public relations. The by-law acts are regulations supplementing and specifying the legislation to create the conditions for their implementation. For example, presidential decrees, government regulations, orders and directives of ministries and departments. All of them must comply (correspond) with legislative acts, in other words, they should not be interpreted and applied broading or narrowing towards rights and obligations contained in the legislation as a whole, and especially in the Constitution.

All legal norms are closely related to each other, interdependent and form a common system. The system of law is objectively developed internal structure of the law. The law system and the system of legislation should be distinguished as they relate to each other as the origin and form. The system of law consists of the following elements: the Institute of Law (Law Institute) and the branch of law. The sub-sector and cross-sectoral institutions are allocated as an independent elements. Law Institute is a set of rules governing the rights of separate, relatively independent type of homogeneous social relations. For example, in the civil law institution of gift, sale, in constitutional law – the institution of citizenship. The branch of law is the body of law governing the homogeneous social relations, which differ from each other by the subject and the rule of law. The subject of legal regulation is part qualitatively similar public relations. The method of legal regulation is a set of techniques and methods which helps to regulate separate social relations. The material branch of the law contains rules of law governing the right public relations and procedural governing organizational relations. The basic material industries of modern law include: constitutional law, administrative law, financial law, civil law, criminal law, employment law, family law, land law, environmental law, customs law. Procedural industries include: civil procedure law, criminal procedure law, administrative procedure law. All of these standards are the national system of law of a State. International law is emphasized as a special branch of the law, since it is not part of the national law, because its main actors are states and international organizations. The norms of modern international law is both contractual and mandatory, and contained in international treaties, international custom, the resolutions of international organizations.

The rule of law is obligatory rule of conduct established or authorized by the state, formally enshrined as a mandatory or possible means of implementing the interest of the individual. The law and the rule of law relate as whole and a part. The structure of the " rule of law: the hypothesis, the disposition, the sanction. Hypothesis is the circumstances under which this rule comes into force. Disposition is directly rule of behavior. Sanction is a kind of punishment or reward for any failure or performance of a particular disposition.

The legal relationship is public relations regulated by the law, that have a legal relationship between the subjects of the law, which is expressed in one of corresponding with each other rights and obligations. Actors (participants) of the legal relationships can be both physical and legal entities with legal capacity. Legal capacity means the ability to have rights and responsibilities, capacity is the ability to carry them out. Emergence, change and termination of legal relations connected with the legal facts, in other words legally relevant specific circumstances with which the rule of law binds the emergence, change and termination of the rights and obligations of the subjects of law. Legal facts are divided into events (circumstances that do not depend on the people will), an act, in other words action or omission (circumstances depending on the individual will), states /condition/ (circumstances depending on the state will). The essence of legal relations are subjective rights and legal obligations of the parties. Subjective right is the measure of the possible appearance and behavior of the subjects specified by the law, the subjective legal obligation is a kind of proper behavior and measure the corresponding subjective right of the other side of the relationship.

Legal awareness (consciousness) is a collection of feelings, attitudes, perceptions, opinions, judgments, which express the ratio of the actual and the desired law. There are two main elements in the structure of justice: the legal ideology (legal ideas, principles, goals, objectives, concepts of law) and legal psychology (social and individual interests, motives, feelings, emotions, attitudes toward law). The types of justice divided into: individual, group, public. Levels of justice are ordinary (mass), vocational (specialized), scientific (theoretical). Legal awareness is the basis of the legal culture, which plays an important role in the implementation of the law.

Offense is the right - of capable legal entity’s guilty act or omission which is illegal, public, dangerous and harmful to the subjects of the law. The offense structure: subject, object, objective side, the subjective side, the offense committed by a specific person, and concretized with the relevant rules of specific area of law. There are following types of offenses: crimes and misdemeanors, which are subdivided into civil (property), administrative, disciplinary. There are types of legal liability which are divided depending on the types of offenses and the application to the offender of a certain kind of punishment: criminal, administrative, civil or proprietary, disciplinary. In this regard, the legal responsibility means the obligation to undergo adverse effects for violation of the law. Under current conditions a system of law aimed at regulating social relations developing in a variety of forms of ownership, active initiative promoting entrepreneurship and the free possibility of the realization of political and other human rights is being created in the Republic of Kazakhstan.

1. Subject, method, system of the «Fundamentals of law» course

2. Main concepts (notions) of the state

3. Legal state.

2-тақ ырып. Шағ ын, орта жә не ү лкен бизнес. Жоспарлау. Сө йлемнің тұ рлаулы мү шелері. Сө йлемнің тұ рлаулы мү шелерін пысық тау арқ ылы қ олдана білуге жаттық тыру.

Шағ ын жә не орта бизнестің мә ні мен қ ызмет атқ ару ерекшеліктері, нарық тық экономика елдеріндегі ролі мен орны. Қ азақ станда шағ ын жә не орта бизнестің қ алыптасуы мен дамуы, шағ ын жә не орта бизнесті мемлекеттік қ олдау сияқ ты бө лімдерді қ арастыру студенттерге тапсырылады. Жоспарлау, экономикада – нақ ты нысанның (мемлекеттің, кә сіпорынның, ұ жымның, т.б.) экономикалық жә не ә леуметтік дамуының белгілі бір мерзімге арналғ ан жоспарын, сондай-ақ оны жү зеге асыруғ а бағ ытталғ ан нақ тылы іс-шаралар кешенін талдап жасау. Сө йлем мү шелері сө йлемдегі маң ызына, қ ызметіне қ арай тұ рлаулы мү шелер жә не тұ рлаусыз мү шелер болып екі топқ а бө лінетіндігін, тұ рлаулы мү шелер деп сө йлемнің негізгі мү шелері болып саналатын бастауыш пен баяндауышты атайтынымызды қ айталатып, жаттығ у жұ мыстарын орындату арқ ылы пысық тау.

Lecture 2.

Subject: The basics of State

The plan:

- Definition of the state. Society and the state. General characteristics of theories of the origin of the state. Eastern (Asian) way of a state. Western way of a state.

- Signs of the state. The essence and the main features of the state. The mechanism of the state. The functions of the state. Historical types of state. The state of the legal superstructure. The form of the state (a form of government form of government, the political regime). And government.

- Features of law. Rule of law and civil society. Kazakhstan - a sovereign and independent state.

Keywords: state, society, political system, political system.

The emergence of the state due to the internal evolution of society objectively in need of organizational design. There are several explanations for the origin of the state. This is primarily theological theory, which assumes the divine origin of the state. The main ideologists of this theory were Augustine (354-430.) And Thomas Aquinas (1225-1274). At its core were based on the following postulates: the inviolability and sanctity of the state, all power emanated from the divine, nothing could generations of her Bat. All sovereigns, respectively to this theory, exercise their power as performers of the divine will. The patriarchal theory, which suggests that the state arises directly from an expanding family. Among its members is an ancient Greek philosopher Aristotle (384-322. BCE), as well as Russian sociologist Michael H. (1842-1904 biennium). Moreover, they identify the power of the monarch with the power of his father, fastening his subjects on the basis of mutual respect and fatherly love. The theory of contractual origin does not believe that the natural state of society to the state achieved by the agreement. Representatives of the theory of Hugo Grotius (1583-1646 gg.), John Locke (1632-1704 gg.), Thomas Hobbes (1588 1679gg.), Charles Montesquieu (1689-1755 gg.), Denis Diderot (1713-1784 gg.) and Jean -Jacques Rousseau (1712-1778 gg.) developed the main provisions of the social contract, in accordance with which transmits power to the people of the state, pledged to implement it in the interests of the nation. Class theory assumes that the state is the result of the action of the objective processes of economic development. Theorists to substantiate this theory were K. Marx (1818-1883 gg.), Engels (18204895gg.), Luce Morgan (1818- 1881GG.) And Lenin (1870 - 1924gg).

Statehood is coming to replace the tribal system. Primitive equality and public ownership becoming obsolete, and the society begins to split into social strata. Collectivist industrial relations began to deteriorate. Replaced by a division of labor, complicated tribal structure and the division began to develop social structures. The state - the product of internal evolution of society objectively in need of organizational design. At different times and in different circumstances, the state acts as an organization for the management of society, as a mechanism for governing. We are talking about the transition to new forms of organizing economic life, which leads to social stratification of society and to the emergence of the state as a new organizational form of society.

Here are the main features of the state:

The presence of a particular public authority. The distinguishing features of the government is its universality and versatility. The universality manifests itself in the spread of the prerogatives of the entire territory of the entire population, and versatility in the ability to resolve any issues affecting the common interests and commitment of its guidance. Public authority is embodied in government and serves as the state power. It provides a special layer of people in the apparatus of the state

The territorial organization of the population. The territory includes land, subsoil, water and airspace, continental shelf and the other State authority extends only to the people living within the territory of the state.

State sovereignty. This means that the power that exists within the state - is the highest authority, and it is she is independent and self-sufficient. State sovereignty has both external and internal aspect. Internal sovereignty implies the rule in matters within the country. External sovereignty - is the independence in foreign affairs, the inadmissibility of interference in the domestic affairs of the outside. State sovereignty is distinguished by the state, along with other features from other organizations of society.

The presence of the fiscal authorities to ensure the collection of taxes from the population. The existence of the state is not possible without the financial and economic framework provided by mandatory payments in the form of taxes. Taxes are set by the state and are charged by force. These state revenues are directed to the maintenance of the army, the state apparatus, law enforcement, and to support social and perform other common causes.

The presence of regulations that are mandatory for the public. The State shall exercise legislative activities, ie make the laws and other regulations aimed at households across the country. The right is a means to control and civilized method of solving the contradictions that arise in the community.

State - is a special organization of the political (public) power company, with its special device to control the range of general affairs, giving the dictates of their universally binding. State characterized by specific features. First of all, the state is associated with a particular territory, which is subject to his authority. Depending on the nature and purpose of a particular type of state is determined by the shape of the state. The form of government is characterized by three elements of which it is composed: a form of government, a form of endowment Member device and the political regime. Under the form of government is understood procedure for the formation and organization of the higher authorities in a particular country. State in forms of government are divided on the monarchy and the republic. In a monarchy supreme power is concentrated in the hands of the monarch - the sole head of state. In the Republic of the highest authorities are elected and formed a certain period. If you are the absolute monarchy and limited, the republic divided into parliamentary and presidential elections. Also, you can note the presence of mixed forms of a republican form of government: superpresidential, semipresidential or poluparlamentarnaya Republic. The form of government reflects the territorial structure of the state, the relationship between the state as a whole and its constituent parts. Depending on the form of government of the state are divided into unitary and federal. Unitary - a single state that has in its composition of national-state formations (Kazakhstan, France). Federal - is a complex state that has in its composition other national states (USA, Russian Federation). Confederation - a union of states, fully preserving their independence and merging to achieve a certain goal (the former Swiss Confederation).

Under the political regime means a system of methods, tools, and methods of implementation of the government. In accordance with state politikopravovym regime can be divided into the democratic and anti-democratic (totalitarian). The democratic regime is characterized by liberal methods of ruling, by the presence of the current system pravoobespecheniya and more social protection of the population. Anti-democratic regimes - these include the totalitarian and authoritarian regimes - are methods of violence, characterized by the presence of strong punitive enforcement and weak protection of the rights and freedoms of citizens.

Undoubted merits attention on classification of statist and legal state. The basis of such classification is the government's attitude to the law. According to the academician Baymahanova MT to statist must be offered to the state, characterized by mandatory means of regulating social relations, where reduced to a minimum of freedom and independence of citizens, associations, etc., of their autonomy to the state. By statist include all varieties of totalitarian and authoritarian regimes.

State law also come from the idea of ​ ​ the right of priority in the government, take into account the need to ensure and guarantee the rights, freedoms and interests of citizens.

Between etatisticheskimi and legal state are of an intermediate type, which combine features of both.

Social purpose of the state, the nature and content of his work are reflected in the functions of the state. Under the functions of the government understood the basic directions of its activity. Traditionally, the functions of the state are divided into internal and external. Internal functions - these are the main areas of activity of the state within the country. External functions are manifested in the foreign policy of the state and its relations with other countries. There are the following internal functions of the state: the function of economic regulation, social protection, law enforcement, protection of the rights and freedoms of man and citizen, environmental, and cultural functions. The external features include the following: the function of defense, cooperation with other States, the maintenance of peace and security. The specific functions of the Republic of Kazakhstan include the function of entering into the world economic and political community, as The Republic of Kazakhstan young country, recently acquired sovereignty and true independence.

To carry out the functions of the state, a special state machine, called the mechanism of the state. The mechanism of the state is a system of public institutions through which public power is realized, provided the leadership of society. It is a complex system of government characterized by the presence of power and having a specific structure.

Constitution of the Republic of Kazakhstan in the course proclaimed the formation of the rule of law. The main features of the rule of law is the rule of law. In a state of law is embodied the principle of separation of powers. One of the conditions of formation of the rule of law is a functioning independent judiciary.

In a state of law are respected and protected human rights and freedoms. For the rule of law is characterized by the mutual responsibility of the state and its citizens. It should be noted that the rule of law is built in a developed civil society. Thus, the recognized legal and democratic state, which ensures the rule of law, the rule of law, equality before the law and the independence of the judiciary, which are recognized and characterized the rights and freedoms of the individual and the power is organized in accordance with the principle of the separation.

The Constitution of the Republic of Kazakhstan has cemented the sovereignty and independence of the state. Kazakhstan state has its historical territory. Kazakhstan has a policy of cooperation and good neighborly relations with other states. An important feature of the sovereignty of the Republic of Kazakhstan is the presence of the supreme bodies of state power, as well as its own institution of citizenship. As a sovereign and independent state of the Republic of Kazakhstan has its own state symbols: flag, anthem.

Kazakhstan democratic, secular, unitary state with a presidential form of government. The legal basis for the new state of the Republic of Kazakhstan consists of the following regulations: the Declaration of State Sovereignty of the Kazakh SSR, October 25, 1990. Constitutional Law " On the State Independence of the Republic of Kazakhstan" dated 16 December 1991., The Constitution of the Republic of Kazakhstan dated January 28, 1993., The Constitution of the Republic of Kazakhstan dated 30 August 1995. as amended from October 7, 1998

3-тақ ырып. Ел ертең і-жастар. Уақ ытың ды бағ алай біл. Сан есім, оның тү рлері. Жасалу жолдары. Қ азақ тіліндегі сан есімдердің топтастырылуын, жазылуын практикалық жолмен мең герту.

3. Жастарсыз- болашақ жоқ. «Ұ лт болам десең, ұ рпағ ың ды ойла» деген ұ лағ атты қ ағ ида осыдан қ алғ ан. Бү гінгі егемен ел, тә уелсіз мемлекетімізде жастарғ а білім мен тә рбие беру, оларды барынша ә леуметтік тұ рғ ыда қ олдау, ел келешегіне ө з ү лесін қ осатын азамат болып қ алыптасуына барлық жағ дай қ арастырылғ ан. Тек қ ана «Алғ а!» деген ұ ранды ту етіп алғ а ғ ана ұ мтылу керектігін студенттерге насихаттап, патриоттық сезімдерін оятуғ а ық пал ету. Босқ а ө ткізбе уақ ытың ды бағ ала, берік ұ ста осы сө зді санаң да. Оқ у, ең бек, демалысты тиімді

Ұ штастырсаң, боласың ғ алым, дана да! -деген ө лең шумақ тарын негізге алып уақ ытты босқ а ө ткізбеуге шақ ыру.Осы тақ ырыптарды талқ ылату студенттерге. Сан есім. Есептік, реттік, топтау жә не бө лшектік сан есімдер. Сан есімнің сө зжасамын қ арастыру, олардың топтастырылуын, жазылуын практикалық жолмен мең герту.