Legal Responsibility in the Legislative System of Kazakhstan
Abstract
The relevance of the study is caused by the paramount importance of the legal responsibility institution, without which one cannot imagine the existence of the legal state. Threading all the spheres of public life, the legal category of responsibility is a significant element of the mechanism for their regulation and plays an important role in the provision of order and safety. The objective of the paper is in the cognition of the complicated and multi-faceted phenomenon of legal responsibility and in the definition of its position in the legislative system of the Republic of Kazakhstan. In this regard, this paper is aimed at the revealing of the main approaches towards the understanding of the responsibility in law, the study of the kinds of legal responsibility and their legal sources. The leading approach in the study is the analysis that allows integrally considering the accumulated theoretical experience in the issues of legal responsibility, as well as revealing the drawbacks in the documentation of the responsibility in the applicable legislation. The paper presents modern concepts of legal responsibility, reveals the existing definitions of its concept, and considers the system of legal responsibility and its basic elements (kinds) with the definition of its legal framework for each element of the responsibility. The materials of the paper may be helpful to the scientists in their research of the problems of legal responsibility in all the legal branches, university teachers and students in the educational process when studying and teaching the legal disciplines.
References
[2] Amandykova, S.K. 2001. Constitutional and legal sanctions and responsibility in the constitutional law of the Republic of Kazakhstan. Constitutional and legal responsibility: problems of Russia, the experience of foreign countries. Moscow University Press.
[3] Avakyan, S.A. 2006. The Constitutional Law of Russia. Yuristŭ.
[4] Avakyan, S.L. 2001. Actual problems of constitutional and legal responsibility. Constitutional and legal responsibility: problems of Russia, the experience of foreign countries. Moscow University Press.
[5] Bakhrakh, D.N., Rossinsky, B.V., and Starilov, Yu.N. 2008. Administrative law. Norma.
[6] Bazylyev, B.T. 1985. Legal liability: theoretical issues. Krasnoyarsk University Press.
[7] Bobrova, N.A., and Sidorov, V.N. 2017. The legal nature of positive constitutional responsibility. Enforcement 3: 62-70.
[8] Boshno, S.V. 2013. The system of law and the system of legislation. Law and Modern States 5, http://bar-association.ru/?p=402 (accessed March 22, 2019).
[9] Bratus, S.N. 1976. Legal liability and legality. Yuridicheskaya literatura.
[10] Bratus, S.N. 2001. Legal liability and legality. Gorodets-izdat.
[11] Channov, S.E. 2009. Service relationship: the concept, structure, security. Os'-89.
[12] Code of Republic of Kazakhstan. 2014a. Criminal Code of the Republic of Kazakhstan, http://adilet.zan.kz/rus/docs/K1400000226 (accessed March 22, 2019).
[13] Code of Republic of Kazakhstan. 2014b. On Administrative Offenses, http://adilet.zan.kz/rus/docs/K1400000235 (accessed March 22, 2019).
[14] Code of Republic of Kazakhstan. 2015. Labor Code of the Republic of Kazakhstan, http://adilet.zan.kz/rus/docs/K1500000414 (accessed March 22, 2019).
[15] Constitution of the Republic of Kazakhstan. 1995. Constitution of the Republic of Kazakhstan, https://online.zakon.kz/Document/?doc_id=1005029 (accessed March 22, 2019).
[16] Drachuk, M.A. 2007. On the question of the independence of the institution of employee liability. Bulletin of Omsk University. Series ‘Law’ 3(12): 86-94.
[17] Efremova, T.F. 2000. New dictionary of the Russian language. Explanatory and educational. Russkiy yazyk.
[18] Gogin, A.A. 2007. Offenses: the concept, nature, types. Nota Bene.
[19] Grigoryan, G.M. 2009. Legal liability – responsibility for the offense. Issues of Judicial Reform: Law, Economics, Management 1: 7-10.
[20] Ibragimov, H.Yu. 2002. Administrative law. Daneker.
[21] Ioffe, O.S. 1975. Law of obligations. Yuridicheskaya literatura.
[22] Ioffe, O.S., and Shargorodsky, M.D. 1961. Theory of Law. Gosurizdat.
[23] Kakimova, M.SH. 2007. Fundamentals of the Theory of State and Law. Foliant.
[24] Khachaturov, R.L. 1998. The concept of legal liability. Bulletin of the Volga University named after V.N. Tatishcheva. Series ‘Jurisprudence’ 1: 39-44.
[25] Khachaturov, R.L., Yagutyan, R.G. 1995. Legal liability. International Academy of Business and Banking.
[26] Kurdyuk, P.M. 2012. Development of scientific approaches and concepts about the essence of legal responsibility in the context of the transformation of the Russian legal system. Science and Education: Economy and Economy; Entrepreneurship; Law and Administration 3: 42-5.
[27] Kuznetsov, S.A. 2000. Great Dictionary of Russian language. Reference Edition. Norint.
[28] Law of the Republic of Kazakhstan. 2015. On Civil Service of the Republic of Kazakhstan, http://adilet.zan.kz/rus/docs/Z1500000416 (accessed March 22, 2019).
[29] Law of the Republic of Kazakhstan. 2016. About Legal Acts, http://adilet.zan.kz/rus/docs/Z1600000480 (accessed March 22, 2019).
[30] Leyst, O.E. 1962. Sanctions in the Soviet law. Gosurizdat.
[31] Leyst, O.E. 1977. The main types of legal liability for offenses. Jurisprudence 3: 24-30.
[32] Lipinsky, D.A. 2004a. General theory of legal liability. Samara Academy of Humanities.
[33] Lipinsky, D.A. 2004b. On some problems of the legal liability system. Law and Politics 12: 22-30.
[34] Lushnikova, M.V., and Lushnikov, A.M. 2006. Essays on the theory of labor law. Legal Center Press.
[35] Makareyko, N.V. 2014a. The system of legal liability under the current legislation. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 4(28): 56-62.
[36] Makareyko, N.V. 2014b. Administrative law: textbook for applied baccalaureate. Yurayt.
[37] Malinovsky, V.A. 2001. Some issues of constitutional and legal responsibility of the President of the Republic of Kazakhstan. Constitutional and Legal Responsibility: Problems of Russia, the Experience of Foreign Countries 1: 417-440.
[38] Malko, A.V. 2004. Preferential and encouraging legal policies. Legal Center Press.
[39] Marchenko, M.N. 2011. Theory of State and Law. Zertsalo-M.
[40] Matuzov, N.I., and Malko, A.V. 2001. Theory of State and Law. Yurist.
[41] Mukhamadiyeva, G.N., Mukaldyeva, G., Karasheva, Z.T., Khamzin, A.S., Buribayev, Y.A., Khamzina, Z.A. 2017. Modernization of social security ystem legal regulation in Kazakhstan: Experience and standards of the OECD members implementation. Journal of Advanced Research in Law and Economics 8(8): 2498-2503.
[42] Nedbaylo, P.E. 1971. The system of legal guarantees of the use of Soviet legal norms. Jurisprudence 3: 44-53.
[43] Nersesyants, V.S. 1999. General theory of law and state. Norma.
[44] Nugmanov, R.R. 2006. Positive responsibility in criminal law. Kompleks.
[45] Omarova, E.B. 2011. Liability of employees: problems of theory and practice. Eurasian University. L.N. Gumilyov.
[46] Order of the President of the Republic of Kazakhstan. 2007. On the approval of general military charters of the Armed Forces, other troops and military formations of the Republic of Kazakhstan, https://tengrinews.kz/zakon/prezident_respubliki_kazahstan/konstitutsionnyiy_stroy_i_osnovyi_gosudarstvennogo_upravleniya/id-U070000364_/ (accessed March 22, 2019).
[47] Orekhovsky, A.I. 2005. Introduction to the philosophy of responsibility. SibSUTI.
[48] Ovsepyan, ZH.I. 2001. On the question of the sources of constitutional responsibility, its sectoral adequacy and new mechanisms in the federal legislation of the Russian Federation. Constitutional and legal responsibility: problems of Russia, the experience of foreign countries. Moscow University Press.
[49] Ozhegov, S.I., and Shvedova, N.Yu. 2006. Explanatory dictionary of the Russian language. A TEMP.
[50] Pashentsev, D.A. 2008. Positive liability in civil law. Actual problems of modern civil law. Gothic.
[51] Pashko, Ya.S. 2008. The delimitation of liability in labor law from civil liability. Problems of Economics and Legal Practice 2: 225-27.
[52] Poletayev, Yu.N. 2003. Liability of the parties to the employment contract. Gorodets-izdat.
[53] Razgildiyev, B.T. 1993. The tasks of the criminal law of the Russian Federation and their implementation. Saratov University Press.
[54] Razgildiyevа, M.B. 2011. The theory of financial and legal coercion and its scope. Saratov State Academy of Law.
[55] Retyunskikh, I.S. 1997. Criminal law relations and their implementation. Publishing house of the Voronezh State University.
[56] Rodionova, E.V. 2007. Legal responsibility as a type of social responsibility: current problems. Academy of Management of the Ministry of Internal Affairs of Russia.
[57] Sadikov, O.N. 2006. Civil law. Infra-M.
[58] Sapargaliyev, G.S., and Salimbayeva, J.C. 2001. Constitutional responsibility issues. Jeti Jargı.
[59] Shon, D.T. 1995. Constitutional responsibility. State and law 7: 35-43.
[60] Sukhanov, E.A. 2004. Civil law. Volters Kluver.
[61] Suleymenov, M.K. 2006. Responsibility in civil law. Network publication ‘Zakon.kz’, http://www.zakon.kz/203608-otvetstvennost-v-grazhdanskom-prave.html (accessed March 22, 2019).
[62] Suleymenov, M.K. 2012. The system of law and the system of legislation of Kazakhstan: the choice of the path. Network publication ‘Zakon.kz’, http://www.zakon.kz/4466326-sistema-prava-i-sistemazakonodatelstva.html (accessed March 22, 2019).
[63] Suleymenov, M.K., and Basin, Yu.G. 2000. Civil law: a textbook for universities (academic course). KazSLA.
[64] Taranov, A.A. 2000. Administrative law of the Republic of Kazakhstan. Academic course. Baspa.
[65] Vasilevich, GA. 2001. Constitutional legal liability is a special kind of legal liability. Constitutional and legal responsibility: problems of Russia, the experience of foreign countries. Moscow University Press.
[66] Vitruk, N.V. 2001. Constitutional responsibility: theory and practice. Constitutional and legal responsibility: problems of Russia, the experience of foreign countries. Moscow University Press.
[67] Vitruk, N.V. 2008. General theory of legal liability. RAP.
[68] Voplenko, N.N. 2006. On the concepts of ‘type’ and ‘subspecies’ of legal liability. Leningrad Law Journal 2: 41-53.
[69] Yachmenev, YU.V. 2012. Legal liability: concept, types and features. Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia 2(54): 66-74.
[70] Yeskina, L.B. 2012. On the issue of substantiation of the institution of constitutional and legal responsibility in the Russian legal system. Constitutional and Municipal Law 8: 4-14.
[71] Yusupov, V.A. 1985. Theory of Administrative Law. Yuridicheskaya literatura.
[72] Zhakayeva, L.S. 2001. Constitutional and legal responsibility in the legislation of the Republic of Kazakhstan. Constitutional and legal responsibility: problems of Russia, the experience of foreign countries. Moscow University Press.
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