Characteristics of the law: certainty

n People in both their personal and business lives should be able to:

q form relationships with others

q enter into contracts, such as those relating to marriage and the acquisition and disposal of property

reasonably secure in their knowledge of what they are doing and their understanding of its effects

q Classification of the law: criminal law (generally aims to punish ) and civil law (generally aims to compensate)

n Public law regulates the interaction of citizens with the state
(e.g. criminal law, constitutional law, administrative law)

q Private law regulates the relationship between individuals within a state (e.g. contract law, tort law, property law)

Citizenship (an individual’s nationality) is a bond between an individual and a state that establishes reciprocal rights and duties between them.

Nationality is a legal, political, and social link between the individual and the state

• Nationality establishes mutual expectations for both the state that confers it and the individual who acquires it

• Examples of the rights of a state: imposing taxes on an individual, serving military forces.

• Example of the rights of an individual: obtaining a state protection

How is citizenship acquired?

1. Passively by parentage

2. Passively, by being born in a state that considers a child born there its citizen

3. Actively, by naturalization of an individual who voluntarily changes allegiance from one state to another.

Parantage

• The child’s citizenship was that of the parents

• Jus Sanguinis or ‘blood rule’ for establishing citizenship.

• Applied in Europe, Latin America and many English speaking countries.

Birth

• A nationality by birth rule.

• Jus soli or “soil rule” for determining citizenship.

Naturalization

• Individuals may actively change their nationality through the process of naturalization.

• The national law of the country from which nationality is sought establishes its naturalization requirements.

• LAW OF THE REPUBLIC OF KAZAKHSTAN

on Citizenship of the Re of Kz (with amendments and additions as of 27.04.12.) Enforced by the Resolution of the Supreme Council of the RK of December 20, 1991

• The citizenship of the Republic of Kazakhstan determines the stable political and legal relationship of an individual with a state and reflects their mutual rights and obligations.

• Each individual in the Republic of Kazakhstan has the right to citizenship. Citizenship of the Republic of Kazakhstan is acquired and terminated in accordance with this Law.

Дата добавления: 2015-11-14