Lecture12.Subject: Labor law of the Republic of Kazakhstan

Plan:
- Fundamentals of labor law and social security law. The subject, the method and system of labor law. The principles of labor law. Labor legislation of the Republic of Kazakhstan. The subjects of labor law.

- Individual employment contracts. The collective labor agreement. Working hours and rest periods. Social partnership in the field of labor relations. The legal relations on employment and employability.

- Salaries. Occupational safety and health. Responsibility for violation of labor laws.

- Relationships on Social Security. Old-age pension, superannuation, disability pension, survivor’s pension.

Keywords: labor relations, labor contract, salary, pension.

Employment law - is the branch of law that regulates labor relations arising in the implementation of the citizens' constitutional right to freedom of labor between the employer and the employee regarding the implementation of certain parties to work on the basis of individual, collective and other agreements.

The main source of employment law is the Law of the Republic of Kazakhstan " On labor in the Republic of Kazakhstan" dated December 10, 1999. Labor regulations are the same and in other acts of labor laws such as the Law of the Republic of Kazakhstan on collective agreements on July 4, 1992, the Law of the Republic of Kazakhstan on labor protection January 22, 1993., Trade Unions Act of April 9, 1993., and others that apply to the extent that they do not contravene the law " On labor in the Republic of Kazakhstan."

The Law of the Republic of Kazakhstan " On labor in the Republic of Kazakhstan" contains 109 articles, which are grouped into 12 chapters covering general provisions of the individual labor contract, collective agreement regulating labor relations of certain categories of employees, working time, rest periods, wages and rationing of labor, guarantees and compensation payments to employees, the liability side of the employment contract on incentives and punishment of employees, labor disputes and monitoring with observance of the Law " On Labor in the Republic of Kazakhstan."

Everyone has an equal opportunity to exercise their labor rights. No one can be restricted labor rights or receive any benefits in their implementation, depending on gender, age, race, nationality, language, property and official status, place of residence, religion, creed, citizenship, membership of public associations and other circumstances not related to the professional qualities of the results of his labor.

The law " On labor in the Republic of Kazakhstan" sets minimum standards for labor relations, which can and should be changed in the direction of improvement in the individual labor, and (or) the collective agreement. The working conditions of certain categories of employees, which are regulated by other laws and regulations can not be lower than the standards set in the law " On labor in the Republic of Kazakhstan."

Conditions of the employment, collective agreements are binding upon the parties, if they do not conflict with the law. The collective agreement is a legal document, issued in the form of a written contract, signed by one or more employers (or their representatives) and one or more trade unions or workers who are not members of a trade union that formed their own organization to negotiate.

Individual employment contract - is a bilateral agreement between the employee and the employer, shall be in writing form under which the employee agrees to perform work on a particular specialty, qualification or position with the execution of acts of the employer, and the employer is obliged to timely and full payment of employee wages and other, prescribed by law and agreement of the parties, payment, ensure working conditions stipulated by labor legislation and collective agreement. Individual employment contract may be concluded: a) for a specified period, b) an indefinite period, c) the duration of the particular job, or for the replacement of a temporarily absent employee. If the individual employment contract does not specify the validity period, the contract is concluded for an indefinite period. Conclusion of the individual employment contract shall be permitted to persons under sixteen. With the consent of a parent (guardian, trustee) individual employment contract may be awarded to students who have attained the age of fourteen, to do the work in their free time are not harmful to health and does not disrupt the learning process. Also, the individual employment contract, with the consent of the parents may be concluded with persons who have attained the age of fifteen, when they received a secondary education. The consent of the parents (or guardians) is given in writing form (application), and the parents (guardian, trustee), along with a minor sign individual employment contract.

Individual employment contract shall be in writing form, in duplicate and signed by the parties, a copy sent to the employee. Starting the job functions the employee is the date of the start of work specified in the contract, and in the absence and (or) not duly registered individual contract by the employer of the individual employment contract begins with the actual admission to work. After the conclusion of the employment contract, the employer is obliged to issue an order for the admission of an employee to work, which brought him a receipt.

The employee has the right to enter into agreements with several individual employment contracts that provide part-time working. For the conclusion of the employment contract, the employer has the right to demand proof of career employee ID card (passport), proof of social individual code, pension agreement, the birth certificate for persons under sixteen years of age, certificate of education or training, and other documents provided for by law.

Documents confirming the employee's labor activity may include: employment history (if available) or an individual employment contract, or an extract from the orders of admission or dismissal.

Individual employment contract may be terminated:
1) upon the expiration, 2) due to circumstances beyond control of the parties,
3) when an employee is called up for military service, 4) upon entry into force of the verdict, 5) in the event of death of the employee, 6) if a court employee incapable or limitedly capable.

Individual employment contract may be terminated:
1) the parties agree, the base of which is the written consent of the employee and the employer.
2) on the initiative of one of the parties:
3) by the employer:
4) the liquidation or termination of the legal entity;
5) reduction of the number of workers or staff;
6) due to the mismatch of the worker of position or work;

7) due to poor training, or health status; absence from work for more than two months due to temporary disability, except for the legislation to establish a long-term disability is not on this disease;
8) the employee's refusal to be transferred to another location together with the organization;
9) for employee refuses to transfer to an easier job with pay;
10) failure to continue working due to changes in labor conditions; repeated failure employee without good cause job duties if he has disciplinary action;
11) single gross violation of their labor worker responsibilities;

12) guilty of committing acts of employees directly serving the financial or commodity values, if these actions give rise to loss of credibility on the part of the employer;
13) the commission of an employee performing educational functions in education sphere immoral act incompatible with the continuation of this work;
14) the disclosure entrusted to it in accordance with individual contract information constituting a state, official, commercial or other secret protected by law;

15) the employee's refusal to work in the event of a temporary transfer to another
in the case of idle operation,
16) restoration of a court decision on the employee's work previously performed this work.
17) by the employee who is required per month written notice of the employer, the termination of the employment contract. By agreement of the parties, the contract may be terminated prior to the expiration of the notice period. If circumstances preclude or significantly impede the continuation of work (health, retirement age, moving to another locality, late payment of wages and other terms and conditions), the termination of the employment contract is made within the period specified in the request of the employee.
18) on other grounds which stipulated by legislative acts.

Law " On Labour in the Republic of Kazakhstan" regulates labor relations of certain categories of workers, taking into account the specific nature of their work. These include seasonal workers, domestic workers, home workers, working in shifts, and other categories of workers, whose relations with employers regulated by individual contract of employment and labor laws.

Working hours are the time during which an employee is in accordance with the terms of the employment contract must comply with work obligations. Normal working hours shall not exceed 40 hours per week. The five-day or six-day working week is established by the employer, the terms of employment or collective agreement.

In the daily work of the employee must be given a break for the rest and meal period for not less than one hour in total. This break in the working time is not included and is used by an employee for any reason.

Working under the individual employment contract is guaranteed annual paid leave with job (position) and the average wage. Payment of the leave is made not later than three calendar days prior to the meeting. Annual paid leave is granted to employees of not less than eighteen calendar days, unless otherwise provided by other regulations for certain categories of workers, self-employment, collective agreements and the acts of the employer.

Wages – is a reward (income) for work in accordance with its complexity, quantity and quality. Work of employees paid time basis, by the piece or by any other system of payment. Payment may be made for individual and (or) the collective results of labor. The wages are determined by the employer on their own and can not be lower than the laws of the Republic of Kazakhstan of the minimum wage.

For violation of labor discipline, that is, for non-performance or improper performance of the fault of the employee assigned to it work duties the employer may apply the following disciplinary actions: 1) observation, 2) a reprimand, 3) the termination of the employment contract on the basis of the Law " On Labor the Republic of Kazakhstan".

Labor disputes are considered by the parties of the Conciliation Commission or the courts. Workers when applying to the court for claims arising from the employment relationship shall be exempt from payment of the fees and costs associated with the proceedings. Control over compliance with labor laws and working conditions carried out by state labor inspectors authorized state body for labor.

13-тақ ырып. Сенімхат. Сын есім, оның тү рлері. Сын есімдерді практикалық жолмен мең гертіп, қ олдана білуге жаттық тыру.

Сенімхат (ағ ылш. warrant; power of attorney; proxy; — сенім білдірушінің ө з атынан ө кілдік ету ү шін екінші тұ лғ ағ а берген жазбаша уә кілдігі. Сенімхат жазбаша нысанда жә не нотариаттық куә ландыру арқ ылы жасалынады. Сын есім деп заттың сапасын, сипатын, қ асиетін, кө лемін, салмағ ын, тү сін (тү р-рең ін) жә не басқ а сол сияқ ты сыр-сипаттарын білдіретін лексика-грамматикалық сө з табын айтамыз.Сын есімнің мағ ынасына- сапалық, қ атыстық, тұ лғ асына- негізгі, туынды, қ ұ рамына қ арай- дара, кү рделі болып бө лінген тү рлерін қ айталау.Сын есімдерді практикалық жолмен мең гертіп, қ олдана білуге жаттық тыру.

Lecture 13.
Topic: Criminal Law of the Republic of Kazakhstan
Plan:

- The basics of Criminal Law of the Republic of Kazakhstan. The concept, objectives, and the Criminal Law of the Republic of Kazakhstan. The principles of criminal law. Sources of criminal law. The concept of criminal law and its importance. The structure of the criminal law.

- Definition and elements of a crime. Classification of crimes. The concept and the basis of criminal responsibility. The offense. Circumstances precluding criminality. Stage of the crime. Complicity in the crime. The concept and purpose of the punishment.

- Fighting corruption in Kazakhstan.

Keywords: criminal law, crime, criminal responsibility, and corruption.

Criminal law is the branch of law, which is the body of law established by law, which defines the criminal act and guiltiness, as well as the grounds of criminal responsibility and exemptions.

The objectives of the criminal law are: the protection of the rights, freedoms and legitimate interests of citizens, property, rights and legitimate interests of organizations, public order and safety, the environment, and the constitutional order and territorial integrity of the Republic of Kazakhstan, the legally protected interests of society and the state from criminal protection of the peace and security of mankind, and the prevention of crime.

The only source of criminal law is the Criminal Code of the Republic of Kazakhstan which was adopted on the 16^th of July 1997 and entered into force from the 1^st of January 1998.

Crime - this is the socially dangerous act prohibited by the criminal code under threat of punishment. Criminal law distinguishes four element of a crime: a public danger, illegality, guilt and threats of punishment. Criminal law, depending on the nature and degree of social danger is divided into four categories: minor offense, less serious crime, violent crime and serious crimes.

Criminal responsibility sets in from 16 years. For some of the crimes of criminal responsibility is with the age of fourteen. The list is provided in the Criminal Code. These crimes: murder, intentional infliction of grievous bodily harm, intentional infliction of moderate bodily harm, aggravated rape, sexual assault, kidnapping, burglary, robbery, extortion, unlawful seizure of a car or other vehicle without a purpose of stealing, aggravated assault, intentional destruction or damage of property under aggravating circumstances, terrorism, knowingly false information about an act of terrorism, theft or possession of weapons, ammunition, explosives and explosive devices, aggravated hooliganism, vandalism, theft or extortion of narcotic drugs or psychotropic substances desecration of the dead bodies and their burial places aggravated intentional bringing into disrepair vehicles or means of communication.

In some cases, due to the construction of the Criminal Code criminalizes can occur later in life (for example, criminal liability for military offense comes with the age of eighteen years).

Criminal liability is carried out in the framework of criminal legal relations that govern social relations between the offender and the state. There is a criminal matter from the time of the crime.

The offense - a set of established criminal law features that characterize a specific socially dangerous act is a crime.

The features that characterize the crime divided into 4 groups: the object, the objective side, the subject, the subjective side: a) the object of the crime is public relations, protected by the criminal law, a crime which causes or is likely to cause substantial harm, b) to the objective side of the crime is characteristic of the action (action or inaction), the consequences of the act, i.e., the damage caused by the crime, and some of the features that characterize the outside of the crime (place, time, method, tools, etc., c) of the offense - is the mental activity persons directly connected with the commission of a crime and is an organic unity of motives, intelligence and will of a criminal, legal attributes of a wine, the motive and purpose, d) the offender can only be a natural person who has reached a certain age, is able to account for their actions and to lead them.

Circumstances precluding the wrongfulness of criminal and socially dangerous acts are socially useful and legitimate. In the criminal law has 6 such circumstances. It is a necessary defense, the damage caused during the arrest of the person who committed the assault, extreme necessity, a reasonable risk of physical or mental abuse, pursuant to an order or orders.

It is not a crime to cause harm to an attacker in self-defense, that is, in the protection of their persons, houses, property, land and other rights of defendant or other persons legally protected interests of society or the state of socially dangerous assault by causing damage to the attacker, if this were not exceeded the limits of self defense.

It is not a crime to cause harm to a person who committed a crime in his arrest for delivering public bodies and suppress him from committing new attacks if other means to detain such person is not possible, and at the same time there had been a surplus of the necessary measures It is not a crime to cause harm to protected interests of the Penal Code in a state of emergency, that is to eliminate the imminent danger to life, health, rights and lawful interests of that person or other persons, to the interests of society or the state, if this danger could not be eliminated by other means and thus not to exceed the limits of extreme necessity.

It is not a crime to cause harm to protected interests under the Code of Criminal grounded risk to achieve the public but useful purpose.
It is not a crime to cause harm to protected interests of the Criminal Code as a result of duress, coercion if the result of such a person could not control his actions (or inactions).

It is not a crime to cause harm to protected interests of the Code of Criminal person acting pursuant to a binding order or instruction. Criminally responsible for causing such harm is a person who gave an illegal order or instruction.
Punishment - it is a measure of state coercion, appointed by a court. The penalty applies to a person convicted of a crime, and is under the Criminal Code deprivation or restriction of the rights and freedoms of the individual.

The penalty is applied in order to restore social justice, as well as fix and prevent convicted of new crimes as convicts, and others. Punishment is not intended to cause physical suffering or humiliation of human dignity.
The system at the head of sentences is a comprehensive and mandatory list for the courts, the list of punishments arranged depending on the severity of which can be assigned to a person convicted of a crime.

The new Penal Code provides the following key sentence: a fine, deprivation of the right to occupy certain positions or engage in certain activities, community service, corrective labor, restriction in military service, restriction of liberty, arrest, detention in a disciplinary military unit, imprisonment, death penalty.
Besides the primary punishments can be applied the following additional penalties to convicts: loss of a special, military or honorary title, class rank, diplomatic rank, qualification classes of state awards; confiscation of property.

Fine and deprivation of the right to occupy certain positions or engage in certain activities can be used as both primary and additional penalties.
A person convicted of a crime shall be appointed a just punishment.

In imposing sentence, the nature and degree of social danger of the crime, the identity of the perpetrator, including his behavior before and after the crime, the circumstances aggravating and mitigating liability and punishment, and the impact of the sentence on the correction of the convict and the living conditions of his family or persons who are dependent on him.

In imposing the punishment recognized by the mitigating circumstances: the commission of a minor offense for the first time as a result of chance, a minority of the offender, pregnancy, presence of young children at the culprit, medical and other assistance to the victim immediately after the commission of the crime, voluntary compensation for material and moral damages caused to the as a result of a crime, other actions aimed at smoothing the harm caused by the crime commission of a crime as a result of a confluence of difficult personal, family, or other circumstances or on compassionate grounds, a crime as a result of physical and psychological coercion or because of material, service or other dependence, the commission crimes in violation of the conditions of necessary defense, emergency, arrest the perpetrator, justified risk of execution of an order or orders; illegal or immoral behavior of the victim, who appeared to cause offense, sincere repentance, acknowledgment of guilt, active contribution to solving the crime, exposure of other partners crime and the tracing of property obtained by crime.

The list of mitigating circumstances is not exhaustive. The court may take into account other circumstances that mitigate the social danger of the offense.

In imposing the punishment, the circumstances aggravating recognized, repeated crimes, crimes relapse; causing offense of grave crimes commission of a crime in a group of persons, groups of persons by prior conspiracy, an organized group or criminal community (criminal organization), a particularly active role in the commission of the offense; involvement in the offense of persons who known to be suffering from a severe mental disorder, or persons under the age at which criminal responsibility, a crime motivated by ethnic, racial or religious hatred or enmity, in revenge for the lawful actions of others, and also to conceal another crime or facilitating its commission of a crime against a woman known to be in a state of pregnancy, and against young children or other defenseless or helpless person who is dependent on the guilty commission of a crime against a person or his close to the performance of the person of the service, professional or public debt, a crime with particular cruelty, sadism, humiliation and torture of the victim, an offense involving weapons, ammunition, explosives or mimic their devices specially manufactured hardware, flammable and combustible liquids, toxic and radioactive substances, pharmaceuticals and other chemical and pharmaceutical products, as well as the use of physical or psychological coercion or generally dangerous method, a crime with a state of emergency, natural disaster or other public as well as in the riots commission of a crime in a state of alcoholic, narcotic or toxic intoxication. The court may, depending on the nature of the crime does not recognize it as an aggravating circumstance, the person committing the crime, thereby violating their oath adopted or professional oath, committing crimes with confidence given to the offender by virtue of his official position or contract, committing a crime using uniform or documents of a representative government.

The special part of criminal law consists of 16 chapters, which provides for the crime: against the family and minors against the constitutional and other rights and freedoms of man and citizen, against the peace and security of mankind, against the constitutional order and security of the state, against property, crimes in the sphere of economic activity against the interests of service in commercial and other organizations against public security and public order, against public health and morals, environmental crime, traffic offenses against the interests of the public service, against public order, against justice and the order of execution of punishments, military crimes.

Topic: Environmental Law of the Republic of Kazakhstan
Plan:

- Environmental Law of the Republic of Kazakhstan as a complex body of law of the Republic of Kazakhstan.
- Concept and subject of environmental law. The legislation on the environment. The land legislation of the Republic of Kazakhstan. The legislation on mineral resources. The forest legislation of the Republic of Kazakhstan.

- Environmental and legal status of a person. Ownership of natural resources. The right of nature. Legal basis of environmental management and environmental protection.
- Legal basis of information management of natural resources and environmental protection. Features of the legal regime of natural resources.
- Legal liability for environmental offenses.
- Basic Land Law of the Republic of Kazakhstan.

Keywords: legislation on the environment, natural resources, land relations.

The concept and the subject of environmental law. The legislation on the environment. The land legislation of the Republic of Kazakhstan. The legislation on mineral resources. The forest legislation of the Republic of Kazakhstan. Ecological and legal status of a person. Ownership of natural resources. The right of nature. Legal basis of environmental management and environmental protection. Legal basis of information management of natural resources and environmental protection. Features of the legal regime of natural resources. Legal liability for environmental offenses.

1. Environmental law as a complex body of law of the RK. Environmental law - is an independent branch of Kazakhstani law, which is designed to study the activity of the state in the field of legal regulation of natural resources and environmental protection. The subjects of environmental law are the social relations in the sphere of interaction between society and nature.
Ecological and legal control method is shown through mandatory and permissive approaches to establish responsibilities and the legal status of entities.

The general part includes the concept of environmental law, subject, technique, principles, sources of environmental law, the right of ownership of natural resources, the right to natural resources; government regulation and control of environmental using and environmental protection, environmental assessment, environmental monitoring, responsibility for violations of environmental laws. In the Special Part of the institutions are located environmental legal regime and protection of natural resources.

Classification of sources of environmental law: legal force - by laws and regulations, in accordance with the Law " On normative legal acts" on March 24, 1998 - the basic and derivatives, on the subject of regulation - for general and special, by industry legislation - the norms of land, water, etc.; the nature of legal regulation - on the substantive and procedural, on the content - to the complex, environmental, natural resources of, abatement, the degree of importance - for the main and auxiliary.

The Constitution and the Civil Code of the Republic of Kazakhstan determine the total content and the form of ownership of natural resources and other assets. The environmental legislation sets specific features and forms of ownership to specific natural resources, as well as the features of the mechanism of the proprietary rights of land, water, minerals, etc.

From the time of independence in the Republic of Kazakhstan has adopted several regulations that are directly related to the environment. Developed strategic documents of the state, established a framework of environmental legislation, signed a number of international conventions on the protection of the environment, the system of environmental management.

Nature and its natural resources are the basis of life and of human society and its sustainable socio-economic development and wealth creation. Therefore, purity of nature and the human environment, environmental safety, the prevention of the harmful effects of economic and other activities on the natural ecological systems, biodiversity conservation and environmental management organization is always up to date. Therefore, they need legal protection. In order to protect the environment on the15th of July 1997, was adopted the Law of RK " On Environmental Protection". This Law defines the legal, economic and social framework for the protection of the environment for present and future generations and aims to ensure environmental safety, the prevention of the harmful effects of military and other activities on the natural ecological systems, biodiversity conservation and environmental management organization. On the March of 18^th, 1997, was adopted the Law of RK " On Ecological Expertise". It regulates the social relations in the field of environmental impact assessment in order to prevent the negative effects of management, business and other activities on the environment, the life and health of the population of Kazakhstan.

2. The right of use of the nature. Concept, types and forms of nature. The use of nature is an economic relationship between people over natural wealth. Such relationships are not the subject of study of environmental law. Realization of the right to use natural resources in its various forms are interested in the environment only to the extent that it impacts on the natural environment and its protection measures. Under refers to the use of natural resources beneficial to human properties of the environment - environmental, economic, cultural, health. The content is determined by a legal nature of the rights and responsibilities of the respective legal entities. An important element of the law of nature is the possession of land, mineral resources, waters, forests and wildlife. Possession is a necessary prerequisite for use. Human use of natural resources for their needs to a large extent regulated by law. The system of rules governing the relationship, the use of natural resources, is called the law of nature. These rules are contained mainly in natural resources legislation - land, water, mining, forestry, faunal. Some of the provisions relating to natural resources, as provided for in the laws of the Republic of Kazakhstan " On Environmental Protection", " On Ecological Expertise ", " On the ground" and other legislation on the environment, civil, criminal and other legislation. Types of environmental law are divided into three main groups: Depending on the object, the subject and the type of exploited natural objects. Hence, the content of its natural resources include a variety of forms - economic (the leading form), ecological, cultural and wellness. The above forms of nature are carried out in two uses of nature: general and specific nature.

The general nature does not require any special permission. It is carried out by the citizens of its own natural (human) rights, emerging and existing as a result of his birth and existence (using atmospheric air, water for drinking, household and medical and health needs, etc.). Depending on the nature of the object is the right general and specific. According to Art. 13 of the Law " On Environmental Protection" of 15 July 1997 general nature provides free of charge to meet the vital needs of the population and without the provision of natural resources to individuals and organizations.

The special nature is recognized such that realized by citizens and economic entities on the basis of authorization of the competent authorities of the state. It is targeted nature and types of objects used is divided into land use, use of natural resources, forestry, water management, use of wildlife (wild animals and birds and fish stocks), the use of air. Special nature related to the consumption of natural resources. In this part, it relates to a legal regulation of the natural resource industry laws of the Land, Forest, Water Code, the Subsoil Law, the Law on protection, reproduction and use of wildlife, the Law on Air Protection.

At the special nature of natural resources natural resources available in due course. The right of a special nature may be permanent or temporary, alienable or inalienable, acquired for consideration or gratuitously, primary or secondary. For example, in accordance with paragraph 8 of part 3 article 107 of the Land Code of the Republic of Kazakhstan in the settlements of the total land use include the land occupied and intended to occupy the squares, streets, sidewalks, driveways, roads, embankments, parks, public gardens, urban forests, boulevards, ponds, beaches, cemeteries and other objects for meet the needs of the population (water pipes, heating pipes, treatment plants and other engineering systems shared use).

According to the classification of M.M. Brinchuk to the basic principles of the law of nature include: environmental management, ecosystem-based approach to environmental management, targeted use of natural resources, sustainable use of natural resources law; payment for a special nature.

Rational nature is sometimes called an environmentally sound environmental management, in which at the same time take into account the environmental, economic, social and other human interests. The principle of environmental management is provided by law and other means (for example, environmentally sound technologies). The requirements of environmental management are in the main specific reference to one or another natural resource. For example, in land laws rational use of land associated with carrying out a system of measures to protect the land, the enforcement of the law with regard to land management (articles 139, 149 Land Code). In the water legislation, water management due to the integrated use of water, the development of modern technologies to reduce water intake and reduce the harmful effects of water (Article 9 of the VC RK). Subsoil legislation ensuring the rational use of mineral resources in common, especially with complex using it at all stages of the subsoil (Article 49 of the Decree " On Subsoil and Subsoil Use ").

The legal criteria for the rational use of natural resources is an appropriate compliance requirements to ensure its inexhaustible and environmental soundness of exploitation of natural resources while ensuring sustainable development. Thus, the use of forest resources, fish stocks should be based on scientific evaluation and should not exceed the rate of recovery. Forests and fish stocks are exhausted, if the utilization rate does not exceed their retrieval and natural growth.

3. Legal liability for environmental offenses. Legal responsibility is a duty of the offender to suffer the adverse effects of the personal, financial or organizational nature that come to him in response to perfect them guilty of the unlawful conduct - an offense. The legal responsibility for environmental offenses is the ratio between the state through specialized bodies in the field of environmental protection, law enforcement, and other authorized entities committing environmental offenses by a person (physical or legal officer) on the application of appropriate sanctions against the violator. The essence of legal responsibility is to adverse consequences for the offender upcoming environmental requirements.

Liability for environmental harm is a key means of ensuring compliance with the legislation on the protection of the environment and natural resources. The efficiency of the tool depends largely on the government to apply the measures of legal liability for violators of environmental laws.

Environmental offense, depending on the composition may be administrative or disciplinary offense or offenses for which occurs respectively administrative, disciplinary and criminal liability. Causing damage or harm entails the involvement of civil liability which is incurred regardless of the offender to attract other types of liability. Some types of responsibility can be used simultaneously, for example, the disciplinary responsibility, plus compensation for damage, while others - only on an alternative basis. It applies to criminal and administrative responsibility. The objective aspect of such infringements may be the same, the only difference is in the degree of responsibility for their actions, so for the same violation at the same time and can not be held criminally and administratively liable.

Types of legal liability for environmental offenses. Disciplinary responsibility - is the sanction that applies to the employee in the form of disciplinary action for serious misconduct.

Under the disciplinary offense meant failure performance because of the worker assigned to it work duties (Article 94 of the Law " On Labor in the Republic of Kazakhstan"). Here are the penalties reflected in the fact that the employer imposed on the guilty employee disciplinary action for failure to fulfill obligations under the service contract or relating to the protection of the environment.

Thus, for the fulfillment of plans and measures for the protection of the environment and natural resources district for violation of environmental regulations and other requirements of environmental legislation arising from the work function or official status, officials and other responsible employees of enterprises, institutions and organizations are subject to disciplinary action in accordance with the provisions of the statutes, internal regulations and other laws and regulations. The order of disciplinary liability is determined by the labor law, public service legislation, other regulations, labor agreements (contracts).

Violators in accordance with the Law " On Labor in the Republic of Kazakhstan" can be used the following disciplinary sanctions: observation, reprimand, severe reprimand and termination of the employment contract (Article 94 of the Act). The guilty person may be fully or partially deprived of bonuses or other means of promotion for the fulfillment of plans and measures for the protection of the environment, violations of environmental quality standards and environmental regulations. According to Art. 28 of the Law " On State Service" of 23^rd of July 1999 on the public servant may impose disciplinary sanctions: 1) observation, 2) a reprimand, 3) a severe reprimand, 4) prevention service incompetence; 5) dismissal from his post.

Disciplinary liability exists in two forms: 1) the total stipulated by labor legislation, 2) special, borne by employees in accordance with the statutes and regulations of the discipline. For example, civil servants may be subject to disciplinary action in the form of warning service incompetence.

In imposing a disciplinary sanction should be taken into account the seriousness of the offense, the circumstances under which it was committed, previous work and employee behavior.
For a disciplinary sanction against the employee shall be provided written explanation. The order on the application of disciplinary action is announced to the employee, subject to discipline, on receipt. Disciplinary action is applied not later than one month from the date of detection of an offense or a misdemeanor (not counting the time of illness of the employee or his stay in a holiday). Moreover, for each violation of labor discipline may be imposed only one disciplinary penalty (Article 95 of the Law).

The legislation of the Republic of Kazakhstan validity of a disciplinary sanction is limited to only six months from the date of its application. If during this period, the employee doesn’t be the subject to re-discipline, it is considered not having disciplinary action. The employer has the right to take it ahead of time on its own initiative or at the request of the employee or his immediate supervisor, at the request of the workers and their representatives (Article 96 of the Law).

4. Fundamentals of the land law. The rules of civil, administrative, tax, financial, environmental, criminal, procedural and other areas of law are used in adjusting along with the land legislation. They form a comprehensive industry land law with the rules of proper land laws.

The subjects of the field of the land law are mediated by the law public relations, having as its object the earth and arising in connection with its use and conservation, land management, the validation of land for individual subjects, the implementation of land ownership and other rights to the land. The features of the land as a natural object of management and the economic value of its functions in providing livelihoods determine the existence of a special sphere of land relations in the necessity of relevant legal regulations.

The subject land is not a legal regulation of all relations over land, but only those that have some economic content. In these respects an object of land ownership and its use is a universal territorial spatial basis of production and economic and social activities and in agriculture and forestry, the condition of the main means of production. With all the multiplicity of land running of economic, social and other functions of its objective characteristics it needs a comprehensive, coordinated legal regulation of land relations. Contents of land relations depend on the types and forms of ownership of landwhich is held in the society 's economic and social transformation, specific goals, objectives, land policy.

The system of land law. Land rights, occupying a definite place in the state system of law, interacting and being interconnected with other branches of the law also represents a particular system formation. It is characterized as an internal differentiation into relatively independent and at the same time interconnected elements: regulations, standards groups and institutes. The initial part of the system of land law is the rule of law, which consists of such essential components as a hypothesis, disposition and sanction.

The system of land law ultimately consists of two major components, the general and specific parts.

The general part of the land law consists of legal institutions that contain regulations that apply to the whole industry, the effect of which covers all or most types of land relations and at the same time it expresses the fundamental and universally valid start, the fundamental provisions of the land regulation.General Part of the institutions is based on the content of the land law and should be divided into: ownership of land; land use rights; government land fund, protection of property rights and other rights to the land, the legal responsibility for the land of the offense, the land of the process.

Standards of the institutes of the General Part of the land rights act either directly or indirectly - through standards institutes of the Special Part. Through the last one they are specified and detailize specific regulations of land issues.

The special part of the land law is composed of institutions that determine the legal status and protection of certain categories of lands. According to the categories which are provided in the legislation of land allocated for their main purpose, special part includes the following institutions determining the legal regime: agricultural land, land settlements, land for industry, transport, communication, defense and other non-agricultural land, land protected natural areas of forest land, land of water resources, land reserve.

The Institutions of the Special Part reflect the specifics, peculiarities of legal regulation of relations management, use and protection of land each category of land resources.

The method of land law. If the concept of the subject land law characterizes the social relations that makes up the sphere, the slice of land and legal regulation, the method of land law expresses a combination of legal methods and means to influence these social relations - the legal regime of land regulation.

Mandatory method characterizes the regulation of land relations on the basis of power- mandatory when the legal effect comes only from the top of the government, the position of the subjects are determined by the relationship of subordination, legal inequality of the parties.

Dispositive method is characterized by a general definition of the parameters of behavior of participants in land relations, the legal equality of the parties, giving them the opportunity to regulate their relations freely and independently within the established limits.

The method of land law is contained in the most part of the legal system, it directly determines the means, methods, and, finally, the possibility of a legal impact on land relations. A core element of the system is the process of legal regulation of land relations of the ordering process.

The principles of land law. The system of principles of land law has a number of regulatory and functional properties: a) directly regulates land relations; b) a means of overcoming the gaps and inconsistencies in the regulation of a particular plot of relationship; c) determines the guidelines, serves as a benchmark for rule-making and improve enforcement; d) provides systematic legal regulation of land- e) is an indicator of compliance with legal land policy of socio- economic interests of the subjects of land relations. Analysis of the current land legislation allows to select the following system principles.

The principle of land ownership. All the relations over land are ultimately based on this principle. Land Fund of the Republic of Kazakhstan consists of land owned by the state and private property. As a part of the land fund there is no land without the owner. All the land, except land, privately owned is a public property.