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Topic 1 The main concepts about state, law and state- legal phenomena
Purpose: to acquaint with the main concepts of the theory of the state and law.
Plan:
1 The state: the concept, characteristic features and its functions.
2 Form of state:
- form of government;
- form of state structure;
- form of the political regime.
3 Form of state – the Republic of Kazakhstan.
4 Law: concept, features, system. Hierarchy of Kazakhstan legislation.
1 State: the concept, characteristic features and its functions.
State is a unified political organization of society which extends the power to all territory of the country and its population, enacts binding commands for all, has for this purpose administrative machinery and possesses the sovereignty.
Characteristic features of state
- sovereignty
- people
- territory
- state symbols
- taxes and levies
- citizenship
- enforcing authorities
- laws
Functions of state
Internal functions
External functions
2 Form of state
The form of state is the structural organization of society expressed in the form of government in the form of state structure and in the form of a political regime.
Form of government– it is structure of the highest agency of state power, the order of their creation and distribution of powers between them.
A monarchy is a form of government in which sovereignty is actually or nominally embodied in a single individual (the monarch).
Types of a monarchy
A republic is a form of government in which the country is considered a "public matter" (Latin: res publica), not the private concern or property of the rulers, and where offices of state are subsequently directly or indirectly elected or appointed rather than inherited. In modern times, a common simplified definition of a republic is a government where the head of state is not a monarch.
Types of a republic
Form of state structure– the administrative- and- territorial structure of the state characterizing relationship between central and local state authorities.
A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions (subnational units) exercise only powers that their central government chooses to delegate. The great majority of states in the world have a unitary system of government.
A federation (Latin: foedus, foederis,), also known as a federal state, is a political entity characterized by a union of partially self-governing states or regions united by a central (federal) government. In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, are typically constitutionally entrenched and may not be altered by a unilateral decision of the latter.
A confederation (or confederacy), in modern political terms, is a permanent union of political units for common action in relation to other units.[1] Usually created by treaty but often later adopting a common constitution, confederations tend to be established for dealing with critical issues (such as defense, foreign affairs, or a common currency), with the central government being required to provide support for all members.
Form of the political regime – set of methods and ways of exercising of the state power.
A democratic regime refers to a democratically elected government. It is a form of government whose representatives acquired their mandate and power from the people either directly through a referendum or through their democratically elected representatives.
The antidemocratic regime has some types: tyranny, totalitarianism, fascism etc.
The antidemocratic regime has some features:
a) domination of one political party;
b) existence of one official ideology;
c) as a rule, domination of one form of ownership;
d) minimizing or elimination of any political rights and freedoms;
e) stratification of society onto classts, estates and castes;
e) low economic level of the peoples" life;
g) emphasis on punitive measures and concussions;
h) aggression in foreign policy, etc.
The legal (rule-of- law) state is the organization of the political power, creating conditions for the fullest ensuring the rights and freedoms of the person and the citizen, and also for the consecutive restriction by means of the law of the government for prevention of offenses.
Features of the legal (rule-of- law) state:
rules of law (supremacy of law),
supremacy of the constitution,
division of the powers (authorities),
increase of a role of the court,
the advanced civil society,
security of the rights and freedoms of citizens
3 Form of state – the Republic of Kazakhstan.
The Republic of Kazakhstan is a unitary state with a presidential form of government. According to the Constitution, the state proclaims itself a democratic, secular, legal and social state whose highest values are an individual, his life, rights and freedoms.
Kazakhstan gained independence on December 16, 1991. The capital is the city of Astana. The state language is Kazakh. The Russian language has the status of a language of interethnic communication. Monetary unit - tenge.
The President of the Republic of Kazakhstan is the head of state, its highest official, who determines the main directions of the domestic and foreign policy of the state and represents Kazakhstan within the country and in international relations. The President is the symbol and guarantor of the unity of the people and the state power, inviolability of the Constitution, rights and freedoms of an individual and citizen.
The Government implements the executive power of the Republic of Kazakhstan, heads the system of executive bodies and exercises supervision of their activity.
Legislative functions are performed by the Parliament of the Republic of Kazakhstan, which consists of two Chambers acting on a permanent basis: the Senate and the Majilis.
The Senate is composed of deputies represented in an order, established by the constitutional law, on two persons from each oblast, major city and the capital of the Republic of Kazakhstan. Fifteen deputies of the Senate are appointed by the President of the Republic taking into account necessity of maintenance of representation for the Senate of national-cultural and other significant interests of a society. The Majilis consists of hundred seven deputies elected in an order, established by the constitutional law. Nine deputies of the Majilis are elected by the Assembly of the people of Kazakhstan. Term of the powers of Senate deputies is six years; term of the powers of the Majilis deputies is five years. Currently three parties are presented in the Mazhilis – “Nur Otan” People's Democratic Party, “Ak zhol” Democratic Party of Kazakhstan and Communist People’s Party of Kazakhstan.
By its administrative-territorial structure the country is divided into 14 regions and 2 cities of republican significance:
The population of Kazakhstan as of June 1, 2012 was 16 million 760 thousand people. According to the national census the ethnic structure of the Kazakhstan society by 2009 looks as follows:
Kazakhstan is located in the centre of the Eurasian continent. Its territory is as large as 2 million 724,9 thousand square kilometers and accordingly it occupies the ninth place in the world by its size. In the North and West the republic has common borders with Russia - 7 591 km (the longest continuous overland border in the world), in the East with China - 1 783 km, in the South with Kyrgyzstan - 1 242 km, with Uzbekistan - 2 351 km and with Turkmenistan - 426 km. The total length of overland borders - 13 200 km. Besides that, there are two midland seas in its territory – the Caspian and Aral. Kazakhstan is the largest country in the world that has no direct access to the World ocean.
The Flag of the Republic of Kazakhstan
The Flag is one of the main symbols of the state that represents its sovereignty and identity. The Russian term “flag” for Flag comes from the Dutch word “Vlag” and means cloth of officially adopted size and colour and commonly with an image of emblem (coat of arms).
The Flag of sovereign Kazakhstan was officially adopted in 1992. It was designed by Shaken Niyazbekov.
The State Flag of the Republic of Kazakhstan is a rectangular breadth of blue colour with the image of the sun in its center with a soaring steppe eagle underneath. Along the flagstaff there is a vertical band with the national ornamental patterns. The images of the sun, rays, eagle and ornament are of golden colour. The ratio of the Flag’s width to its length: 1:2.
In heraldry each colour has its own specific meaning. Thus, a blue-sky colour symbolizes honesty, fidelity and integrity. Moreover, the blue-sky colour has a deep symbolic meaning in Turkic culture. The ancient Turkic peoples always worship the Sky as their God, and their blue-sky banner symbolized devotion to Father Ancestor. The blue colour of the State Flag of Kazakhstan means pure sky, peace and prosperity, and self-colour of the background represents the unity of our country.
According to the heraldic principles the sun symbolizes wealth and abundance, life and energy. That is why the sun rays on the flag have the form of grain, a symbol of wealth and welfare. By representing the sun at its state attributes Kazakhstan reaffirms its commitment to universal values, which also indicates that the new young country is full of life-affirming energy and is open to all countries for cooperation.
The image of the steppe eagle is one of the main heraldic attributes which is used on coat of arms and flags of various peoples for centuries. This image is commonly considered as a symbol of power, insight and generosity. A soaring steppe eagle represents by itself a power of the state, its sovereignty and independence, aspiration to high goals and sustainable future. The image of the steppe eagle on the world outlook of Eurasian nomads has a special place and is associated with such notions as freedom and fidelity, sense of dignity and courage, strength and purity of thoughts. The symbolically rendered silhouette of the golden steppe eagle reflects aspiration of the young sovereign state to the heights of world civilization.
Another important element of the State Flag is a vertical band with the national ornamental patterns. This Kazakh ornament is one of the forms of specific artistic perception of world in strict accordance with aesthetic styles of the people. Representing a harmony of various forms and lines, it is also an expressive means of discovery of the inner world of the people. The national ornament along the flagstaff represents the art and cultural traditions of the people of Kazakhstan.
The Emblem of the Republic of Kazakhstan
The Emblem is one of the main symbols of the state. The Russian term “gerb” for Emblem comes from the German word “Erbe” (legacy) and means hereditary distinctive sign that represents a combination of figures and objects to which a symbolic sense reflecting cultural and historical traditions of the state is given.
The history is an evidence of the fact that the nomads of the Bronze Age that inhabited the territory of modern Kazakhstan identified themselves with a special symbol which is called totem. Its graphical expression further got the name “tamga”. This term has been for the first time used in the Turkic Khaganate.
The Emblem of the sovereign Kazakhstan was officially adopted in 1992. The authors of the State Emblem are Kazakhstan’s famous architects Zhandarbek Malibekov and Shot-Aman Ualikhanov.
The State Emblem of the Republic of Kazakhstan has the shape of a circle (wheel). It is a symbol of life and eternity that was especially valued among the nomads of the Great Steppes.
The central heraldic element of the State Emblem is the image of shanyrak (an arched cross-shaped top of the Kazakh yurt) against a sky blue background which irradiates uyks (supports or bearings of the yurt) in the form of sunrays to all sides. On both right and left of shanyrak there are images of mythical winged quarter horses. At the top of Emblem there is a volumetric five-pointed star. There is also the inscription “Kazakhstan” at the bottom of the Emblem. The images of shanyrak, uyks, and mythical horses, as well as the inscriptions “Kazakhstan”, have the colour of gold.
Shanyrak is a main backbone part of the yurt that resembles a blue sky. It is also one of the key elements of Kazakh family dwelling in the traditional culture of Eurasian nomads. The image of shanyrak on the State Emblem of the republic is a symbol of common home and common homeland of all people living in Kazakhstan. The stable development of Kazakhstan depends on welfare of each citizen just like the strength and stability of shanyrak depends on reliability of all its uyks.
The winged mythical horses, tulpars, are the key heraldic element of the State Emblem. The image of the horse stands for such notions as bravery since time immemorial. The wings symbolize a centuries-old dream of multinational people of Kazakhstan to build a strong and prosperous nation. They represent pure thoughts and aspiration to successive and constructive development. The golden wings of racers also resemble golden sheaves of grain that are a sign of labor of the people of Kazakhstan and material welfare of the country.
In centuries past the horns are often used during ceremonial rites of nomads as well as a finial to their fighting banners. The images of heavenly grace, fertility of the earth and the military fortune in the form of various animals’ horns are always considered as integral parts in symbolic compositions of different peoples. Therefore, a winged horse with a horn of plenty is an important typological image which has deep semantic and historical roots.
Another element on the coat of arms is a five-pointed star. This symbol is used by man from ancient times and represents constant aspiration of people to the light of truth and the pursuit of the sublime and eternal matter. The image of a star on the State Emblem reflects the dream of people to build a state open to all countries of the world for cooperation and partnership. Hearts and arms of the people of Kazakhstan are open to representatives from all five continents.
The primary colour of the State Emblem is the colour of gold, which serves as a symbol of wealth, justice and magnanimity. The colour of blue sky symbolizes a serene sky, peace and prosperity.
The Anthem is one of the main symbols of the state. The Russian term “gimn” for Anthem comes from the Greek word “Gimneo” and means solemn, ceremonial song. The Anthem serves as an important sound symbol with a key value for the effective socio-political consolidation and ethnocultural identification of citizens of the country.
In the history of sovereign Kazakhstan the national anthem was adopted two times: in 1992 and 2006.
After gaining independence in 1992, a competition was announced to writing of music and lyrics of the national Anthem. Following the results of the competition, it was decided to retain the melody of the previous anthem, the anthem of the Kazakh SSR. Therefore, Mukan Tulebayev, Yevgeny Brusilovsky and Latif Khamidi have become the authors of the first anthem. The creative team presented by Kazakhstan’s famous poets Muzaphar Alimbayev, Kadyr Myrzaliyev, Tumanbai Moldagaliyev and a young poetess Zhadyra Daribayeva won the poetic contest.
The new State Anthem was adopted in 2006 in order to promote the country’s sound symbolism. It is based on the patriotic song “Menyn Kazakhstanym” (My Kazakhstan) which is popular among the people and written in 1956, with music by Shamshi Kaldayakov and lyrics by Zhumeken Nazhimedenov.
President Nursultan Nazarbayev modified the original lyrics of the song. The corresponding amendments have been introduced to the Decree “On State Symbols” at the joint session of the Houses of Parliament on January 6, 2006 and the Parliament approved it as a new State Anthem of Kazakhstan.
4 Law: concept, features, system. Hierarchy of Kazakhstan legislation.
Law – system of obligatory for all rules of the behavior established and authorized by the state, expressing common and individual interests of the population and acting as the state regulator of the social relationships.
Law features:
1) volitional character;
2) obligatory for all;
3) normalization;
4) community with the state;
5) formal specificity;
6) systemacity.
Principles of the law:
1) justice;
2) legal equality of citizens before the law and court;
3) humanism;
4) democratism;
5) unity of the rights and duties;
6) mingled persuasion and violence.
The system of the law is a structure of the law, its division on branches, institutes and rules of law (precept of law)
A) the branch of the law is the ordered set of the legal norms regulating a certain sort of the social relations.
C) the legal institute is the ordered set of the legal norms regulating a certain type (group) of the social relations.
C) the rules of law – the concrete rule of behavior.
Classification of the law system
1 The law can be divided into substantive and procedural categories.
2 The law can be divided into private and public categories.
3 The law can be divided into internal and international categories.
There are two law system of the world - common law system and civil law system. The difference between civil and common law systems is that civil law systems are codified systems, and the basic law is found in codes, while common law system resisted codification, and this law is not based on acts of parliament but on case law.
Hierarchy of the Kazakhstan Law
Legislative acts
1 Constitution of the Republic of Kazakhstan
2 Laws introducing amendments and additions to the Constitution
3 Constitutional lows and decrees of the President, having the force of Constitutional
laws
4 Codes
5 Laws and decrees of the President, having the force of laws
6 Resolutions of Parliament and its Chambers
Sub-law acts
7 Decrees of the President
8 Resolutions of the Government
9 Orders of ministries and other heads of central state organs.
10 Acts of local representative and executive authority.
Control questions:
1 What is a concept of the state ?
2 What external functions of the state do you know?
3 What internal functions of the state do you know?
4 What are the features of the state?
5 What does the “form of the state” mean?
6 What does the “form of government” mean?
7 What kinds the form of government do you know?
8 What does the “form of state structure” mean?
9 What kinds the form of state structure do you know?
10 What does the “form of the political regime” mean?
11 What kinds the form of the political regime do you know?
12 What is a concept of the law?
13 What are the features of the law?
14 What do you know about the system and hierarchy of Kazakhstan legislation?