Subject: Civil Law of the Republic of Kazakhstan

Plan:

- General provisions on the civil law of the Republic of Kazakhstan.

- The right of ownership and other property rights.

- The provisions on obligations.

- Certain types of contracts

- Intellectual property law.

- Inheritance law.

- Basics of Family Law of the Republic of Kazakhstan

Keywords: contract, intellectual property, inheritance, family law.

Civil law is the branch of law, which is representing the rules of governing the commodity-money and the other participants in the property relations based on the equality, as well as related to property and personal non-property relations. Participants regulated by civil law relations are citizens, legal entities, the state, as well as administrative units.

The main source of civil law is the Civil Code of the Republic of Kazakhstan, which is composed of the General Part of the December 27, 1994 and the Special Part of the July 1, 1999. The civil rights are kept in special laws and regulations that complement and regulate concretise the provisions contained in the Civil Code. These regulations include the following laws: " On Business Partnerships" July 14, 1997. " On Joint Stock Companies" dated June 10, 1998., " Bankruptcy" of 21 January 1997. " On Private Entrepreneurship" June 19, 1997. and others.

The Civil Code consists of 1, 124 articles grouped into 62 chapters. The general part contains the following chapters: general provisions, the right of ownership and other property rights, the law of obligations. The special part includes: certain types of obligations, the right to intellectual property inheritance law, private international law.

Civil law is based on the recognition of the equality of participants regulated their relations, the inviolability of property, freedom of contract, the inadmissibility of arbitrary interference in private affairs, the need for the smooth implementation of civil rights, ensure the violated rights and their legal protection. Civil rights are protected by a court or tribunal: by recognition of rights, restoring the situation that existed before the violation of law, suppression of acts that violate the law or threatening to infringe, the award to the execution of an obligation in kind, the recovery of damages, penalties, invalidation: compensation for moral damages; pecuniary harm, the termination or alteration of legal relations; invalidation or inapplicable appropriate of acts of the government or the local representative or executive body, taking a fine from state bodies or officials for obstructing a citizen or legal person in the acquisition or exercise of rights, as well as otherwise provided by legislation. The cases which are provided for by law the protection of civil rights may be done by the direct actions of the person or entity whose rights were violated (self-defense).

A person whose rights have been violated may demand the full compensation for damages, unless the law or the contract provides otherwise. The losses are implied as the costs that are incurred or have to be incurred by a person whose rights were violated, the loss of or damage to property (real damage), as well as the revenues that person would have received under normal traffic conditions, if his rights had not been violated (opportunity costs). As a result of publication losses caused to a citizen or legal person, that are not relevant to public acts, other public authority, as well as the actions (or inactions) of their officials shall be reimbursed by the Republic of Kazakhstan respectively or by the administrative and territorial unit.

Entrepreneurship -is an initiative activity of citizens and legal entities, irrespective of ownership, aimed at generating net income by meeting the demand for goods (works, services) based on private ownership (private enterprise) or the right to run state-owned enterprise (public enterprise). Entrepreneurial activity is carried out on behalf of the entrepreneur and at his own risk and financial responsibility.

The main actors of civil rights are physical and juridical bodies. State and political subdivisions are also the subjects of civil rights, but their civil rights and obligations are carried out by specialized and authorized legal entities.

The individuals are citizens of the Republic of Kazakhstan, the citizens of other states, as well as stateless persons. The ability to have thr civil rights and obligations (civil capacity) is recognized equally for all citizens (individuals). The legal capacity of a citizen arises at the time of his birth and ends with hisdeath. The ability of citizens to their actions to acquire and use civil rights, to create the civil duties for itself and perform them (civil capacity) comes fully into the age of adulthood that is upon reaching the age of eighteen.

Citizens have the right to engage in entrepreneurial activities without forming a legal entity, except the keys provided in law. The state registration of individual entrepreneurs has a recruiting character and consists of the registration as an individual entrepreneur. The state registration of individual entrepreneurs is a subject to compulsory state registration for those who: uses a hired labor on a regular basis, are from business activities whose total annual

income is calculated according to the tax legislation in the amount exceeding the non-taxable amount of the total annual income for individuals established law of the Republic of Kazakhstan.

The types of self-employment are private and joint enterprises, which may take the form of: business spouses carried out on the basis of the common property of the spouses, family business, carried out on the basis of: a) the common property of the peasant (farmer's) economy and b) on the common property for privatized housing; ordinary partnership in which business is carried out on the basis of common ownership.

A legal entity is an organization that has the right of the ownership, economic or operational control of the separate property. That property is responsible for its obligations and on its own behalf may acquire and exercise property and personal non-property rights and obligations, to sue and to be sued. Legal entity should have its own balance and stamp with its name.

Legal entities are divided to commercial and non-commercial. Commercial entities pursue the recovery of income as a primary objective of its activities and distribute any net income between the parties. Non-commercial entities do not have a recovery of income as the primary purpose of the activity and do not distribute any net income between the parties.

The shape of the commercial entities is divided into state-owned enterprises, business partnerships, joint stock companies and cooperatives.

Non-commercialentities can exist in the form of an institution, a public association, joint stock company, a consumer cooperative, public foundation, religious association or other form required by law.

State-owned enterprises are in the form of enterprises based on the right of business or for operational management.

Partnerships may exist in the form of a general partnership, a limited partnership with a limited liability partnership with the additional responsibility. The form of joint stock companies is open or closed.

Proprietary and personal relations may be used as the objects of civil rights. The proprietary rights and benefits (property) include things, money, securities, employment, services, objectified results of creative intellectual activity, company names, trademarks and other means of identification products, property rights and other property. Personal non-property rights and benefits include: life, health, dignity, personal and family privacy, the right for a name, the right of authorship and other intangible benefits and rights. Civil actions aimed at the establishment, modification or termination of the civil rights are recognized as trades. They are one-sided and two - or multilateral (contracts). The shape of the transaction is divided verbal and written (simple and notary).

The right to property is recognized and protected by the legislative acts of the subject right in its sole discretion to possess, using and disposing of its assets. The right of ownership is legally providing an opportunity to carry out the actual possession of the property. The right to use is providing a legal possibility to extract from the estate of its beneficial properties.

Legal entities are divided into commercial and non-commercial. Commercial pursue recovery of income as a primary objective of its activities and distribute any net income between the parties. Non-profit does not have a recovery of income as the primary purpose of the activity and do not distribute any net income between the parties.The shape of the commercial entities is divided into state-owned enterprises, business partnerships, joint stock companies and cooperatives.

Non-commercialentities can exist in the form of an institution, a public association, joint stock company, a consumer cooperative, public foundation, religious association or other form required by law.

State-owned enterprises are in the form of enterprises based on the right of business or for operational management.

Partnerships may exist in the form of a general partnership, a limited partnership with a limited liability partnership with the additional responsibility. The form of joint stock companies is open or closed. Civil actions aimed at the establishment, modification or termination of the civil rights are recognized as trades. They are one-sided and two - or multilateral (contracts). The shape of the transaction is divided verbal and written (simple and notary).

The right to property is recognized and protected by the legislative acts of the subject right in its sole discretion to possess, using and disposing of its assets. The right of ownership is legally providing an opportunity to carry out the actual possession of the property. The right to use is providing a legal possibility to extract from the estate of its natural beneficial properties as well as its benefits in the form of income of inreasing of fetus, litter size and other forms. The right of disposal is legally secured to define the legal fate of the property.

Private property appears as a property of the citizens and non-governmental entities and their associations. The number and value of property in private ownership is not limited.

State ownership acts as a republican and municipal property. Republican property consists of the state treasury and property assigned to the state Republican legal entities in accordance with the legislation. Communal property consists of local treasury and property assigned to the municipal legal entities. Republican budget funds, currency reserves, Diamond Fund, the land, its subsoil, water, flora and fauna, and other natural resources, and other state property is not assigned to the state entities, constitute the state treasury of the Republic of Kazakhstan.

Land may also be privately owned on terms and conditions within the limits established by law.

The Special Part of the Civil Code regulates the certain types of obligations, such as the sale, exchange, gift, annuity and life-long maintenance of a dependent, property lease (rent), the hiring of the home, free usage of property, contract, paid services, transport, transport expedition, loan, accounts receivable financing (factoring), banking, storage, insurance, commission, actions in another's interest without the commission, commission, asset management, integrated enterprise license (franchise), competitive obligations and liabilities as a result of the injury and obligations of unjust enrichment.

The Special part is devoted to the same intellectual property law, inheritance and private international law.

The objects of intellectual property rights include: a) the results of intellectual creative activity, and b) the means of individualization of participants in civil, goods, works or services. Copyright applies to science works, literature and art, which are the results of creative activity, regardless of their purpose, content, and dignity, as well as their method of expression.

Inheritance law is devoted to regulation of inheritance. Inheritance is the transition property of the deceased citizen (testator) to another person (s) - the heir (heirs). Inheritance is a bequest, and (or) by the law. Inheritance follows the law when devise does not exist or does not determine the destiny of the whole inheritance, as well as in other, cases stipulated by the Civil Code of the Republic of Kazakhstan.

Private international law governs the proprietary and personal relationships with foreign nationals or foreign entities, or complicated by other foreign element. Civil Code of the Republic of Kazakhstan, other legislative acts, international treaties ratified by the Republic of Kazakhstan, as well as recognized by international custom are used to manage these relations.

10-тақ ырып. Қ азақ стан Республикасындағ ы салық тар. Бюджет. Мемлекеттік бюджет. Мақ сат бағ ының қ ылы сабақ тас қ ұ рмалас сө йлем. Мақ сат бағ ының қ ылы сабақ тас қ ұ рмалас сө йлемнің жасалу жолдарын мең герту.

Қ азақ станда салық жү йесінің қ алыптасуы мен даму кезең дері. Қ азақ стан Республикасының қ азіргі салық жү йесі.Салық тү рлері: корпорациялық табыс салығ ы, жеке табыс салығ ы, қ осылғ ан қ ұ нғ а салынатын салығ ы, акциздер, жер қ ойнауын пайдаланушылардың салық тары мен арнаулы тө лемдері, экспортқ а шығ арылатын шикі мұ найғ а салынатын рента салығ ы, ә леуметтік салық, жер салығ ы, к қ ұ ралдарына салынатын салық, мү лік салығ ы, Қ Р жасалғ ан келісім-шарттары бойынша ө німді бө лу жө ніндегі ү лес. Бюджет дегеніміз мемлелкеттің міндеттері мен функцияларын іске асыруды қ аржымен қ амтамасыз етуге арналғ ан орталық тандырылғ ан ақ ша қ оры. Мемлекеттік бюджет — мемлекеттің белгілі бір уақ ыт кезең іне, кө бінесе бір жылғ а арналғ ан кірістері мен шығ ыстарының қ аржы жоспары. Онда мемлекеттік кірістердің тү сетін кө здері жә не қ аражаттың жұ мсалу бағ ыттары мен арналары кө рсетіледі. Мемлекеттік бюджетті ү кімет ә зірлейді, жоғ ары заң шығ арушы органдар қ абылдап, бекітеді. Мақ сат бағ ының қ ылы сабақ тас қ ұ рмалас сө йлем - бағ ының қ ы сө йлем басың қ ы сө йлемдегі ойдың болу мақ сатын білдіретін сабақ тасытың тү рі. Мақ сат бағ ының қ ылы сабақ тас қ ұ рмалас сө йлемнің жасалу жолдарын мең герту.