The Ministry of Education and Science of Republic of Kazakhstan

THE STUDYPROGRAM FOR THE DISCIPLINE (Syllabus)

The constitutional and political structure of the Republic of Kazakhstan for the specialty “Political science”, 5B030100 Jurisprudence

Semey

The educational porgram for the discipline (Syllabus)

The constitutional and political structure of the Republic of Kazakhstan

Prerequisites (necessary skills and knowledge for the mastering of the acquiredcourse)

The History of Kazakhstan, The History of law and political doctrines, The Theory of Politics

To master the acquired course a student must:

  • have basic knowledge acquired on The History of Kazakhstan, Political sciences, The History of political doctrines;
  • have comparative analytical skills of law and state phenomena; the legal status of the man and the citizen; state forms and political regimen; the construction and operation of the state bodies in accordance with the principle of unity and the separation of state powers.
  • have a minimum knowledge about general characteristics of the Constitution;

Postrequisites (acquired skills and knowledge at the of the course). Comparative Political science, Political modernization

While studying the exact discipline a student must:

a)have an idea:

  • about constitutional and political institutions and the methods of regulation realized in the modern state legal and political practice;
  • about general content, principles and functions of the Constitution of the Republic of Kazakhstan as the Main law of the government and society;
  • about main stages of constitutional development of Kazakhstan.

b)know:

  • main notions and categories of the discipline;
  • main principles and elements of the basis of constitutional structure and political system of the Republic of Kazakhstan;
  • content and principles of basis of legal status of the man and a citizen;
  • constitutional principles of organization and activity of state organs, its structure, legal status and main authorities;
  • constitutional basis of the local government in the Republic of Kazakhstan;

c)be able to:

  • be fluent in constitutional-legal and political concepts and categories;
  • logically correctly express and justify his point of view on questions of political structure and constitutional- legal issues;
  • consciously make a variety of legal actions in accordance with applicable constitutional law of the Republic of Kazakhstan

Main requirements to the components of the course and its acquisition.

Main requirements to the components of the course and its acquisition. Missing a lesson shows your willing to study and it will be taken into consideration while assessing final marks of the course. Your duty is to be in the classroom and study.

All the tasks of discipline have to be finished before the lesson that is fixed in the term timetable. Tasks passed later of the given time will be marked lower and as a result it will influence final mark of the discipline.

The study process must be active, not passive. Doing a home task should take about 2-3 hours a week. You should consult a teacher according to the timetable of the consultation. The study materials must be read during the whole period of the study, not only during completing home tasks. It is necessary to be ready for every lesson. The success of course acquisition mainly depends on your participation on the classroom tasks. Good attendance, active participation at the lesson and passing good of quality tasks on time will help you during the attestation and examination. The examination will check not your theoretical knowledge, but your ability to use the acquired knowledge practically. All the tasks of the examination will be based on the tasks of the teachers during the lectures, practical tasks and IWS.

Interim attestation will be conducted according to the preliminary materials. The final examination is compulsory for everybody and will be based on the passed materials. During the semester there will be 2 midterm control works where passed material acquisition will be checked.

Students’ responsibilities (recommended list):

  1. Do not be late for the lesson
  2. Do not miss lessons; in case of illness reference is required.
  3. Missed lessons must be worked out according to the format and time that teacher asks.
  4. In case of tasks default, final mark will be reduced.
  5. Be active during the educational process.
  6. Complete the home tasks fully.
  7. Be patient, open, frank and friendly with group mates and teacher.
  8. Constructivefeedbackatallthelessons.
  9. To promote teamwork and involvement in the discussion of peers
  10. Be punctual and reliable.
  11. Avoidtelephonecallsduringtheseminarlessons.

The politics of academic behavior and ethics are based on rules of inner schedule of the university and ethic code of the students.

The constitutional and political structure of the Republic of Kazakhstan- 3 credits

The characteristics of the discipline:

The basis of the eduactional course of the Constitutional and political structure of the Republic of Kazakhstan is based on the Constitution and legal acts relating to the organization and functioning of the constitutional order of the Republic of Kazakhstan, its political system, the legal status of man and citizen, the legal status of bodies of state and local government.

The Constitutional and political structure of the Republic of Kazakhstan iscloselyrelated to disciplines such as theory of the government and law, history of the government and law of the Republic of Kazakhstan, administrative law, political science, history of political and legal doctrine that is determined by the discipline characteristics.

Based on the aims of teaching students General sequence is predetermined explore specific topics of this course, is based the ratio of lecture and seminar classes, and also addresses the forms of independent work of students. These criteria, in essence, are subject and teaching the purpose of the program. According to the results of the study course students pass the exam.

Aim of the discipline:

The study of the given discipline has its own aim: firstly, assimilationof notions, political and constitutional- legal categories and terms, formation of scientific view about constitutional and political structure of the Republic of Kazakhstan; about democratic society; about legal government and institutions; about legal status of a man and citizen, his rights, freedom, obligations, guarantees and responsibilities.

Secondly, acquiring analytical skills of social- political relations and connections, correct assessment

Во-вторых, приобретениеумений инавыкованализаобщественн- политическихотношений исвязей, a correct evaluation of the phenomena of state law the validity, legally competent skills to use and apply knowledge of the constitutional and political structure of the Republic of Kazakhstan in the performance of professional tasks.

Discipline objectives:

Main objectives of the course:

  1. Familiarize students with the fundamental provisions of the Constitution and political system of the Republic of Kazakhstan, the doctrine of the Constitution as the fundamental law of the state and society
  2. Know the essence of the basic constitutional law and political institutions, especially the development of the constitutional structure of Kazakhstan.
  3. Deeply grasp the constitutional provisions regulating the most important social and political relations in all spheres of life. In particular, the fundamentals of the legal status of the individual, constitutional principles of organization and activity of organs of the state, the foundations of local self-government in the Republic of Kazakhstan.
  4. Study constitutional laws and laws regulating government legal and political relations
  5. Gain skills of working with study and scientific literature of the discipline
  6. Develop skills of applying acquired knowledge in the practical (or scientific)activity

Understanding students with these critical issues of constitutional and political structure of Kazakhstan contributes to their correct orientation policy and state law, the understanding of issues of public, constitutional and political practice.

In the study of constitutional norms there have to be used the system and dialectical methods, comparative analysis, historical perspective, statistical and sociological data.

The course consists of following parts:

-Lectures outlining main theoretical regulations;

-Seminars for detailed discussion of the main problems of the theory, practice and checking the correctness of situation solutions;

-Self training including study of extra resources and project completion.

Discipline content

Module

/

Themes of the lessons

/ Lectures / Sem. / IWS
I /
  1. The subject and objectives of the study discipline. The place and role of the study discipline in the training the political scientists
/ 1
  1. The constitution of RK is the main law of the society and the government
/ 2 / 1
  1. Constitutional bases of the society and government structure
/ 2 / 1 / 4
П /
  1. State power and form of government in the Republic of Kazakhstan.
/ 2 / 1 / 4
  1. The political system in the Republic of Kazakhstan
/ 2 / 2
  1. Administrative – territorial structure of the Republic of Kazakhstan.
/ 1 / 1 / 2
  1. The legal status of man and citizen in the Republic of Kazakhstan. The citizen in the political system of the Republic of Kazakhstan.
/ 3 / 2 / 4
  1. Political parties in Kazakhstan. The role of political parties in the political life of the country.
/ 2 / 1
Ш /
  1. Elections as a political institution. The election system and the formation of bodies in the Republic of Kazakhstan.
/ 5 / 3 / 4
  1. The President of the Republic of Kazakhstan is the head of state and the highest official.
/ 2 / 1 / 4
  1. Legislative power in the Republic of Kazakhstan. The Parliament as the Supreme representative body of the country.
/ 2 / 1 / 4
IV /
  1. Executive power in the Republic of Kazakhstan. The government of the Republic of Kazakhstan.
/ 3 / 1 / 3
  1. The constitutional Council, and judicial power in the Republic of Kazakhstan.
/ 2 / 2
  1. Bodies of local state administration and self-government in the Republic of Kazakhstan.
/ 1 / 2
Total / 30 / 15 / 45?

Module 1 (lectures- 4 hours, seminars-4 hours)

Aims and objectives of the module 1:

to reveal the contents of the subject, its basic conceptual apparatus. Show the stages and features of the constitutional development of the country.

I. Topic: The subject and objectives of the study discipline. The place and the role of the study discipline in the training of political scientists.

  1. The subject and objectives of the study discipline. The place of “constitutional and political structure of the Republic of Kazakhstan ”in the training of political scientists.
  2. The stage of the constitutional development of the Republic of Kazakhstan. The Constitutions in 1924, 1937, 1978, 1993y. The Constitution of the Republic of Kazakhstan 1995 is the main law of the society and the government. Scientific, educational and reference literature.

II.Topic: The Constitution of the Republic of Kazakhstan 1995 is the main law of the society and the government.

Lectures

  1. The notion and the essence of the Constitution.
  2. The subject of constitutional regulation.
  3. The form and the structure of the Constitution. Written and unwritten Constitutions.
  4. Legal features of the Constitution.

Seminars

  1. The notion, the essence and the form of the Constitution.
  2. The stages of development of constitutional law.
  3. Prerequisites and reasons of adoption of the Constitution in 1995, making changes.

Module 2 (lectures – 9 h., seminars – 12 h., ISW - 10)

Aims and the objectives of the module 2:

To introduce with the basic concepts, definitions and content of the constitutional system, its basis, the political system of the Republic of Kazakhstan, form of government and political regime. To show the interrelatedness and interdependence of these systems and the functioning of constitutional institutions

Lectures: Constitutional structure of the Republic of Kazakhstan. The politicalsystemtheRepublicofKazakhstan.

  1. Notions, main principles and elements of the structure of the Republic ofKazakhstan.
  2. Politicalsystemof the Republic ofKazakhstan: notions, structure and the principles of functioning..
  3. Politicalpluralism. Politicalpartiesandpublicorganizationsas subjects of political system and political relations.
  4. Government power. The implementation of the principle of separation of powers in the Constitution of 1993 and 1995
  5. The form of governing in the Republic of Kazakhstan.
  6. Administrative-territorial structure of the Republic of Kazakhstan.
  7. Economical system: notions and main principles. Constitutional regulation of economic relations.
Seminars

III. Topic: Constitutionalbasesofsocietyandgovernmentstructure.

  1. Notionsandtheprinciplesofconstitutional structure basis.
  2. PoliticalregimenoftheRepublicofKazakhstan: notions, content and the types.
  3. Economicalsystem: notions and main principles.
  4. Constitutional principles of entrepreneurship of citizens and legal people of the Republic of Kazakhstan.

IV. Topic: State power and forms of governing in the Republic of Kazakhstan.

Aim: to consider the membership and appointment of state power.
Objectives: to give the concept of state power, the process of formation and development of the sovereignty and independence of Kazakhstan, to characterize the form of governing.

  1. Statepower: itsmembershipandappointment.
  2. Theprincipleofpowerdivisionand its realization in the republic of Kazakhstan.
  3. Thesovereignty ofthegovernment, nationalandpublicsovereignty.
  4. Theformofgoverning. ThePresidentialformofgoverning.

V. Topic: Administrative- territorial structure of the Republic of Kazakhstan.

Aim:Ananalysisof the administrative- territorial structure.

Objectives: theconceptofadministrative- territorialstructure, unitary features and administrative- territorialdivision.

The concept of administrative- territorial structure. The territorial unity of the state.

  1. Unitary state as a form state structure. The organization of the power in the unitary state.
  2. The Republic of Kazakhstan as unitary government. Республика Казахстан как унитарное государство.
  3. Administrative- territorial division and the order of its changes.

Module 3 (lectures – 6 h., seminars – 6 h., ISW – 4 h.)

Aims and the objectives of the module 3:

Reveal the most important theoretical concepts of human rights, constitutional and legal status of man and citizen, the importance of the institution of citizenship, its acquisition and loss, the relationship of rights and duties of a citizen. To introduce with the constitutional guarantees of rights and freedoms in the Republic of Kazakhstan.

Lectures. Modernconceptsofthehumanrights. Constitutional- legal status of the man and the citizen in the Republic of Kazakhstan. The institution of the citizenship.

  1. Theoretical concepts of human rights. Constitutionalbasesoflegalstatus and the citizen. Constitutional- legal status of a man and a citizen.
  2. The Citizenship: notion and constitutional- legal regulation. Methods, orderandconditionsofcitizenshipacquisition. Citizenship termination.
  3. Legalstatusofforeigncitizensandpeople without a citizenship.
  4. Constitutional rights, freedom and responsibilities of the citizen.

А) Personal rights and freedom.

В) Politicalrightsandfreedom.

С) Social- economic and cultural rights and freedom.

Main responsibilities of a citizen

  1. Constitutionalguaranteesofrightsandfreedomofamanandacitizen.

Seminars.

VII. Topic: Constitutional- legal status of a man and a citizen in the Republic of Kazakhstan.

1. The legal status of citizens of the Republic of Kazakhstan, its concepts and principles.
2. Constitutional and legal concept of citizenship of the Republic of Kazakhstan. Its acquisition and loss. Legal status without citizenship.
3. The system of constitutional rights, freedom and obligations of citizens. Personal rights and freedom. Economic and social rights and freedom of citizens.
4. Political rights and freedom of citizens of the Republic of Kazakhstan.
5. The status of the individual under the Constitution of the Republic of Kazakhstan.

ISW

Make a comparative analysis of the constitutional and legal status of man and citizen between countries such as Russia, Belarus and Uzbekistan (by choice, written)

К, имеющийсилузакона «»РКр

Module 1U. (Lectures – 6h., seminars – 4 h., ISW – 4 h.)

Aimsandobjectives: to show the evolution of the electoral system of the Republic of Kazakhstan. To reveal the basic principles of electoral law, the possibilities of its implementation. To acquaint with the latest voting technology.

Lectures

TheelectoralrightandelectoralsystemsintheRepublicofKazakhstan.

  1. The concept of electoral system and electoral right.
  2. The evolution of electoral system in the Republic of Kazakhstan.
  3. Principlesofelectoralright: universal and equal electoral rights, direct and indirect elections, secret agreement.
  4. Typesofelectoralsystems: majority, proportionalandmixed.
  5. The principles of participation of citizens in elections to representative bodies of state authority and the President of the Republic of Kazakhstan.
  6. The electoral process in Kazakhstan: key stages, subjects and selective technologies.

Seminars

VIII. Topic: Electoral system and electoral right in the Republic of Kazakhstan.

  1. The concept of electoral system and electoral right.
  2. Main principles of electoral rights.
  3. Typesofelectoralsystems: majority, proportionalandmixed.
  4. The procedure of elections of the President of the Republic of Kazakhstan, Parliament, local representative bodies and local government bodies.

ISW

Give a comparative analysis of the electoral system between countries such as the Republic of Kazakhstan, Russia, Belarus and Uzbekistan (by choice, written)

Module 5 (lectures – 15 h., seminars – 17 h., ISW – 17 h.)

Aim: to reveal the functioning of the major institutions of government: the President as head of state, Parliament as the Supreme representative body of the Government as the highest Executive body and their interaction in the system of separation of powers and system of checks and balances.

Lectures

The President of the Republic of Kazakhstan as a head of the government.

  1. The constitutional- legal status of the President of Kazakhstan. The place of the head of state in the system of separation of power. The place and role of the President in the political system
  2. The order of election of the President and his inauguration.
  3. The powers of the President, his relationship with other higher bodies of state authority of the Republic of Kazakhstan. Suspensive veto.
  4. The President’s acts. Accountability and responsibility of the President.
  5. The office of the President and his role in the implementation of the functions of presidential power.
  6. Early dismissal procedure and conditions of implementation of impeachment

Topic: The legislature in the Republic of Kazakhstan. The Parliament of the Republic of Kazakhstan

  1. The legislature: concept, its role in the system of power separation. Законодательная власть: понятие, ее место в системе разделения властей.
  2. ParliamentisthehighestrepresentativebodyoftheRepublicofKazakhstan. ThestructureoftheParliament.
  3. TheSenate: the order of formation and activity and powers.
  4. TheMazhilis: the order of formation and activity and powers.
  5. Legislature process in the Republic of Kazakhstan. The process of law- project passage in the House of Parliament.

6. The status of the Parliament deputy.

Topic: executive power in the Republic of Kazakhstan.

The government of the Republic of Kazakhstan.

  1. Legal nature and the pace of the government in the system of the government bodies.
  2. Theorderofeducation, structure and the principle of action of the Government.
  3. TheresponsibilityofthegovernmentinthefaceofthePresidentoftheRepublicandaccountability to the Parliament of the Republic. Governmentresignation.
  4. Government apparatus.
  5. The Ministry: the order of organization, competence and acts of the management.

StateCommittees, departments, their competences and acts of management.