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Subject: Bases of the financial law in the Republic of Kazakhstan






Plan:

- Financial activity of the state. The financial law of the Republic of Kazakhstan as the branch is right

- Budgetary law of the Republic of Kazakhstan

- Bases of the tax law of the Republic of Kazakhstan

- Legal regulation of the investment relations in the Republic of Kazakhstan.

Keywords: financial activity, taxes, investments.

1. The main concepts of the financial law. The financial law — is set of the legal norms regulating the public relations, the states arising in the course of financial activity for ensuring uninterrupted implementation of its tasks and functions during each concrete period of its development. As form of existence of the financial right the financial legislation acts.

The financial law uses two methods of legal regulation: imperative and dispositive.

The system of the financial law consists of the General and Special parts. The general part of the financial law is presented by the following institutes: the financial device, legal bases of monetary system, management in the field of finance, financial planning, financial control, financial and legal responsibility. The special part of the financial right studies a structure of a financial system of the state.

Financial activity of the state is carried out only on the basis of the right as which the financial right acts. And the financial right represents set of rules of law. Therefore the financial rule of law is the basis on which the financial law is under construction. Financial rules of law are characterized by the following signs: express state and imperious command; are accepted by authorized body of the state, for example, adoption of the act establishing a tax, can be carried out only by Parliament; contain obligatory rules of behavior, are calculated on numerous application and are addressed to uncertain number of subjects; financial rules of law are established by the act of a certain legal form, for example, the tax can be imposed by only such legal act which has a law form; performance of financial rules of law is provided with the compulsory force of the state, including compulsory execution of the financial obligation to the state and involvement of the persons which have violated the financial law, to the established financial and legal, administrative and criminal liability.

Financial rules of law are subdivided into regulatory and guarding law.

As the obligatory subject of financial legal relationship the state (as a whole or represented by authorized body) acts. Material financial legal relationship mediate direct cash flow (object, money or liabilities). Organizational financial legal relationship mediate formation of monetary system of the state, its financial structures, systems of governing bodies in the field of finance, the organization and planning of processes of formation and distribution of the state monetary funds and the organization of their use, including control.

The monetary system is understood as the organizational forms which have developed historically and fixed by the national legislation of functioning of money in the country. The monetary system includes the following elements: official monetary unit, types of bank notes; currency issue order; mode of the currency address; organization of monetary circulation.

The financial device of the state includes: financial system of the state as set of the state monetary funds, system of financial bodies of the state and financial regulation. As a result the financial device consists of such links as the budgetary device, the bank device, the device of the decentralized finance, the structure of trust off-budget funds.

Financial planning — is process of drawing up, consideration, the statement and the organization of execution of financial plans. As object of financial planning the monetary fund always acts. Any financial plan represents the estimate of the income and expenses of the relevant monetary fund. Process of financial planning breaks up not some stages: drawing up draft of the financial plan; consideration of the financial plan; approval of the financial plan; organization of execution of the financial plan and control of this execution; summing up implementation of the financial plan.

Legal forms of implementation of financial planning are planned and financial acts in the form of laws, resolutions, decisions, orders etc. Legal feature of planned and financial acts is that circumstance that they possess signs both standard, and individual legal acts.

Financial control represents quite difficult organizational system and consists of the following elements: subject, object, subject, purposes and control methods. As subjects of financial control the bodies of the state allocated with the corresponding powers of authority for control act, or the non-state actors operating for and on behalf of the state, whose powers of authority evolve from this assignment. The body or the person, making check on the relation of checked object, acts as the subject.

Objects of the state financial control are the state legal entities, non-state legal entities and citizens.

As subject of the state financial control the behavior of objects of this control from the point of view of observance of the duties by them as subjects of financial legal relationship acts. The purpose of financial control are: identification of the facts of violation of the financial legislation or low-quality execution by the participant of financial legal relationship of the duties; identification guilty and attraction them to the responsibility established by the legislation; elimination of violations of financial discipline and elimination of consequences of these violations.

Financial control — it always check or supervision for the purpose of check. Control consists of three stages: 1) collection of information; 2) assessment of collected information; 3) response to collected and analysed information.

Methods of financial control are understood as concrete receptions and ways of its implementation: check of calculations of financial plans (both already approved, and projects); analysis and calculating verification of reporting financial documentation (for example, statistical reports, balance sheets); verification of primary monetary documents (payment orders, commodity transport consignment notes, consignments, credit and debit warrants, etc.); inventory of money and inventory items; hearing and studying of reports and other messages; the analysis and synthesis of information arriving from law enforcement agencies and vessels; analysis and synthesis of performances of mass media and addresses of citizens; receiving written and oral explanations from the officials connected with production of financial operations; official inquiries in banking and other institutions; audit.

One of the main and most effective methods of financial control is audit. Audit — is the check of financial and economic activity based on studying of primary documents and accounting records. Usually audit is carried out in combination with other methods of financial control.

Completeness of coverage of audit happens: a) full when continuous inspection of complex character is made; b) partial when random inspection on a certain subject (for example is made, the expenditure of currency means) is checked.

Objects of check of audit are subdivided on: a) documentary when documentation is checked only; b) actual when inventory is carried out to addition of research of documents (miscalculate nature of inventory items, existence of money and securities is checked, control measurements in construction, etc. are carried out).

Organizational sign of audit is divided to: a) planned, that is what are carried out according to in advance approved plan; b) the unplanned. Both planned, and not planned audits for checked usually have nature of sudden check. The audits which are carried out on request of judicial investigative authorities belong to number of unplanned audits, in case of receipt of complaints inspiring trust and statements of citizens, and also receiving other signals of abuses and the rough violations of financial discipline demanding immediate check and the termination of violation of the financial legislation. Results of audit are made out by the audit act.

In the course of financial activity of the state, the financial law, there are two groups of the financial relations: material and organizational.

The material financial relations mediate cash flow, expressing processes of formation or distribution of the state monetary funds. These relations are connected with movement of concrete money or from the payer in this or that state fund, or, on the contrary, from fund to the recipient. The tax relations where the specific payer is obliged to transfer a certain sum of money of the relevant budget can be an example.

The organizational financial relations arise in connection with formation of monetary system of the country, a financial system of the state (definition of types of the state monetary funds and their appointment), control systems in the field of public finances (definition of government bodies to which implementation of financial activity of the state, establishment of their competence and a functioning order), the organization of financial planning, implementation of the state financial control is assigned.

These relations, without being economic, don't mediate cash flow as those. However they are intended to be an instrument for ensuring of normal functioning of the material financial relations. If the object of the latter is money, then the object of institutional financial relations is the very functioning of state-owned financial institutions.

2. Budgetary law of RK. The budgetary law — is the section of Special part of the financial law of the Republic of Kazakhstan, regulating the relations arising in the course of the organization of the budgetary device, and also in connection with formation, distribution and the organization of use central and local budgets.

As subject of the budgetary law the public relations arising in the course of the budgetary activity of the state, i.e. the organizational and material budgetary relations act.

The budgetary law uses two methods of legal regulation: imperative and dispositive. The imperative method most distinctly proves at realization of such ways of the budgetary activity, as getting by the state of money by means of their unilateral and compulsory withdrawal. The dispositive method is applied to legal regulation of those budgetary relations which are credit by the economic nature (the relations of the state loan and the relation of the budgetary crediting).

The system of the budgetary law has two parts, they are allocated: The general and Special. The general part includes institutes: 1) budgetary device; 2) management in the field of finance; 3) legal bases of budget planning; 4) legal bases of the budgetary control. The special part includes institutes: 1) legal regulation of the income of the budget; 2) legal regulation of expenses of the budget; 3) legal regulation of the state credit. Norms of the General part of the budgetary right generally regulate the organizational budgetary relations, norms of Special part — the material budgetary relations.

For the budgetary legal relations there the following signs: 1) they arise in the course of the budgetary activity of the state, i.e. activities for formation of the budgetary device, and also in connection with formation, distribution and the organization of use central and local budgets; 2) are a product of legal regulation of the state public (economic and organizational) the budgetary relations; 3) as material object of the budgetary legal relationship money or the liabilities being means or formation of the budget, or its expenditure in the form of distribution act; 4) as the obligatory subject of material budgetary legal relationship acts or the state as a whole (if it is a question of the republican budget), or the corresponding administrative and territorial unit, presented by the appropriate government body or other person. State’s bodies can act as the independent subject of organizational budgetary legal relationship; 5) the budgetary legal relationship (both are materials, and organizational) have a state domineering character.

Management in the field of the budget — is institute of the General part of the budgetary law, representing set of the rules of law defining competence of public and territorial educations in the field of the budget, and also competences of the government bodies realizing this competence. The system of the bodies controlling in the field of the budget, doesn't form organizationally issued branch of public administration though the leading role of the Ministry of Finance in this sphere is rather obvious. The budgetary activity (more precisely, activity in the budget sphere) carry out to some extent the majority of government bodies as all of them anyway deal with the budget.

Principles of budget planning:

1) principle of an annually of the budget. It means that the budget (as the financial plan) is developed annually;

2) publicity and publicity of budget planning, especially at its such stages, as the adoption of the budget which is subject to the obligatory publication, and the approval of the report on its execution which also is published;

3) supremacy of representative bodies of the power in implementation of such stage of budget planning, as the adoption of budgets (both central, and local);

4) control of representative bodies of the state of performance of budgets as financial plans;

5) strict legislative regulation of all stages of budget planning;

6) preparation of the draft of the budget on a scientific basis, its reliability and validity;

7) the detailed study of the budget as financial plan, the maximum rapprochement of indicators of the act of the adoption of the budget with the actual realities of this plan i.e. that there was no situation when on paper — one, and in practice — absolutely another (as they say " two we write, three in mind"); 8) parliamentary control of issue of bank notes and of such methods of getting by the state of money, as domestic and external state loans.

In a practice of budget planning two concepts are met: " fiscal year" (or " fiscal year") and " the budgetary period" (or " the budgetary cycle"). Fiscal year means an interval of time during which the budget — the main financial plan of the state is executed. In the majority of the countries which number Kazakhstan treats also, fiscal year coincides with calendar year, i.e. lasts from January 1 to December 31 inclusive. The budgetary period - is an interval of time covering all stages of budget planning. The budgetary period begins from the moment of the beginning of work on drawing up the draft of the budget and comes to the end with the approval of the report on its execution.

Process of budget planning breaks up to some stages: a) drawing up draft of the budget; b) consideration of the draft of the budget; c) adoption of the budget; d) organization of budget performance and control of this execution; e) the conclusion of the budget that includes drawing up and the approval of the report on its execution.

As one of the directions of the budgetary activity, the budgetary control represents activity of representatives on that of government bodies (bodies of the budgetary control) on check of observance of an order of formation and distribution of budgets, and also legality and expediency of use of budgetary funds their recipients.

Depending on bodies exercising it the budgetary control can be subdivided into three look:

1) the budgetary control exercised by representative bodies;

2) the budgetary control exercised by executive bodies of the general competence;

3) the control exercised by specialized bodies of the budgetary control.

The main methods of the budgetary control are:

1) consideration of the draft of the budget and check of validity of the indicators put in it;

2) establishment of system of the reporting about performance of budgets and consideration of these reports;

3) check of use of the allocated budgetary funds about legality of the budget, observance of a target orientation, efficiency and rationality;

4) check of course of execution of the budget;

5) consideration and approval of reports on performance of budgets as implementation of stages of budget planning.

To control the budget performance the whole system of the state reporting. is installed Recipients of budgetary funds deliver reports on their use in the appropriate financial bodies, and also in higher bodies of management.

Depending on time of the implementation the budgetary control is subdivided on preliminary, current and the subsequent

In material sense the budget is the state monetary fund. According to item 2. Art. 4 of the Budgetary code of RK (further — BC of RK) of April 24, 2004 No. 548-I the budget — is the centralized monetary fund of the state intended for financial security of realization of its tasks and functions. This fund is intended for financing of tasks and functions of the state of a general meaning at the central level of a financial system of the state (the central budget) and local levels (local budgets). The budget is the main monetary fund and largest in total expression for all levels of a financial system of the state.

As the legal category — is the financial and legal act by which the financial plan of formation and distribution created on central and local levels of the state monetary fund intended for financing of nation-wide tasks and functions are approved.

The budgetary system of RK is made by set of budgets and the RK National fund, and also budgetary process and the relations. The budgetary process — is RK regulated by the budgetary legislation activities for planning, consideration, the statement, execution, specification, adjustment, maintaining the budgetary account and the reporting, the state financial control, and also for planning and use of the connected forfeits. The budgetary relations are the relations arising in the budgetary process.

There are the state and local budget. The state budget — the consolidated budget uniting republican and local budgets without mutually repayable operations between them, used as analytical information and not subject to the statement. The budget of the state consists of budgetary funds, i.e. these are money and other assets of the state, receipt in state ownership and which expenditure are reflected in the budget in a monetary form. The local budget — the regional budget, city budget of republican value, the capital, the area budget (the city of regional value).

Depending on amendment procedure the budget happens corrected, approved and specified. The corrected budget — the approved or specified budget taking into account changes and the additions made by the Government of RK or local executive bodies, without specification respectively in RK Parliament or in Maslihat.

The voted budget — the budget for the corresponding fiscal year approved by Parliament of RK or corresponding Maslikhat;

The specified budget — the voted budget for the corresponding fiscal year taking into account changes and the additions accepted by Parliament of RK or corresponding Maslikhat during its execution.

In the Republic of Kazakhstan there are following levels of the budget:

1) republican budget;

2) regional budget, city budget of republican value, capital;

3) the area budget (the city of regional value) and

4) in the cases established by BC of RK, can be developed, be approved and be executed the emergency state budget.

The republican budget is the centralized monetary fund formed at the expense of tax and other revenues, the defined BC of RK, and intended for financial security of tasks and functions of the central government bodies subordinated to them of public institutions and realization of the all-republican directions of a state policy. The republican budget for the corresponding fiscal year is approved by the Law of RK. The regional budget, city budget of republican value, the capital is the centralized monetary fund formed at the expense of tax and other revenues, the defined BC of RK, and intended for financial security of tasks and functions of local government bodies of regional level, the city of republican value, the capital, public institutions subordinated to them and realization of a state policy in the corresponding administrative and territorial unit. The regional budget, city budget of republican value, the capital for the corresponding fiscal year are approved by the decision Maslikhat’s areas, the cities of republican value, the capital.

The district budget (the city of regional value) is the centralized monetary fund formed at the expense of tax and other revenues, the defined BC of RK, and intended for financial security of tasks and functions of local government bodies of the area (the city of regional value), public institutions subordinated to them and realization of a state policy in the respective area (the city of regional value). The area budget (the city of regional value) for the corresponding fiscal year is approved by the decision of the Maslikhat (the city of regional value).

The emergency state budget is formed on the basis of republican and local budgets and entered in cases of the extraordinary or martial law into RK. The emergency state budget is developed by the central authorized body on budget planning and approved in an order established by the legislation of RK, the Decree of the President of RK. The basis for introduction and cancellation of the emergency state budget is the Decree of the President of RK about introduction and cancellation in all territory of RK of the extraordinary or martial law. For the period of action of the emergency state budget action of the law on the republican budget for the corresponding fiscal year and decisions of Maslikhats about budgets of all levels of the local budget for the corresponding fiscal year stops. The emergency state budget works during term for which the extraordinary or martial law is entered.

The RK national fund represents state assets in the form of the financial assets focused on the account of the Government of RK in the RK National Bank, and also in the form of other property, except for intangible assets. The RK national fund is intended for ensuring stable social and economic development of the state, accumulation of financial assets and other property, except for intangible assets, decrease in dependence of economy from raw sector and influence of adverse external factors. The RK national fund carries out savings and stabilization functions. Savings function provides accumulation of financial assets and other property, except for intangible assets. Stabilization function is intended for decrease in dependence of the republican budget from an environment of the world prices for raw material resources.

Formation and using of the RK National fund are defined with an environment of the world and domestic commodity and financial markets, an economic situation in the state and abroad, priorities of social and economic development of the republic with preservation thus macroeconomic and fiscal stability and observance of main objectives and RK National fund tasks. Receipt and expenditure of the RK National fund are made in national and foreign currency. The account and the reporting on operations of the RK National fund are carried out in national currency. Trust control by the RK National fund is exercised by the RK National Bank on the basis of the contract on the trust management, concluded between National Bank. Sources of formation of the RK National fund are: 1) official transfers from the republican budget, defined as excess of the actual receipts in the republican budget from the organizations of raw sector over their annual volumes approved by the law on the republican budget for the corresponding fiscal year; 2) official transfers from the republican budget, defined at the expense of receipts from privatization of the state property being in republican property and relating to mining and processing branches; 3) official transfers from the republican budget, counted of ten percent from the sums of receipts planned in the republican budget of the republican budget from the organizations of raw sector; 4) official transfers from the local budget, defined at the expense of receipts from sale of the land plots of agricultural purpose; 5) investment income from management of the RK National fund; 6) other receipts and the income which hasn't been forbidden by the legislation of RK.

Receipts from the organizations of raw sector -a set of receipts in the budget from the organizations of raw sector on the following types of tax: corporate income tax; value added tax; tax on excess profit; bonuses; royalty; RK share according to production section under the signed contracts.

The budget consists of receipt and expenses. Receipts of the budget are the income, repayment of the budgetary credits, receipts from sale of financial assets of the state, and also the state loans. Expenses of the budget are expenses, the budgetary credits, acquisition of financial assets, repayment of a principal debt on loans.

The structure of the budget consists of the following sections:

1) income: tax revenues; non-tax receipts; receipts from sale of fixed capital; receipts of official transfers;

2) expenses;

3) operational balance;

4) pure budgetary crediting: budgetary credits; repayment of the budgetary credits;

5) balance on operations with financial assets: acquisition of financial assets; receipts from sale of financial assets of the state;

6) deficiency (surplus) of the budget;

7) deficiency financing (surplus use) budget: receipt of loans; repayment of loans; movement of the remains of budgetary funds.

The income of the budget are tax and other obligatory payments, official transfers, the money, transferred to the state on the gratuitous basis, recoverability not having character and not connected with sale of financial assets the states which are subject according to the present Code and other acts of RK to transfer in the budget.

Transfers - are gratuitous and irretrievable payments in the budget and the RK National fund, and also from the budget, including to physical and legal entities, from the RK National fund in the budget.

A certain interest represents a question of a ratio of the concepts " budget" and " treasury". According to RK Group Art. 192 the state treasury of RK means of the republican budget make, a gold and exchange stock and diamond fund, the natural resources being in state ownership (the earth, its subsoil, waters, a plant and animal life, etc.), and other state property which hasn't been assigned to the state legal entities. The local treasury is made by means of the local budget and other municipal property which hasn't been assigned to the state legal entities. Thus, the budget is part of treasury (the republican budget - part of the state treasury of RK, local - part of local treasury) and generally expresses its monetary component. Therefore, in relation to the financial device of Kazakhstan concept " treasury" is wider than the concept " budget".

Surplus of the budget is an excess of total amount of receipts in the budget over the volume of expenses and the credits allocated on a returnable basis.

The budget deficit is an excess of volume of expenses and allocated of the budget on a returnable basis of the credits over total amount of receipts in the budget. The budget deficit is a negative factor, surplus is considered as the positive phenomenon as it testifies to financial wellbeing of the state and the normal organization of budget planning.

The budgetary activity represents one of the main directions of financial activity of the state. The budgetary activity — is state activity represented by authorized bodies on the organization of the budgetary device, and also on formation, distribution and the organization of use central and local budgets.

3. System and types of tax in RK. Tax — the obligatory payment raised by the state from physical and legal entities. Taxes - one of the main sources of the income of the state budget. The main function of taxes fiscal since with their help material conditions of action of the state are created. Regulating function: taxes stimulate or constrain rates of development of economy. According to item 17 of Art. 10 of the Tax code of RK taxes are legislatively established by the state unilaterally obligatory monetary payments in the budget, made in the certain sizes, having irrevocable and gratuitous character.

Taxes arrive in the state budget. Therefore behind their receipt and use the state establishes control. Methods of tax control are: 1) state registration and maintaining accounting of taxpayers; 2) maintaining accounting of objects of the taxation; 3) maintaining the accounting of receipt in the budget; 4) carrying out tax checks; 5) carrying out cameral control; 6) monitoring of financial and economic activity of the taxpayer; 7) marking of separate types of excise goods; 8) control over authorized bodies.

Types of tax. Taxes can be classified by the various bases. Depending on the carrier of tax burden taxes can be direct and indirect. The direct tax — is a tax where his subject acts as the actual carrier of tax burden, i.e. payment of a tax leads to real reduction of its property. As example of such taxes income tax as a result of which payment the taxpayer loses part of the income acts.

Indirect tax — is a tax where his subject shifts his burden to other person acting as his actual payer (the tax carrier). As example of such tax the tax on a value added (VAT) and excises acts. Though as the legal payer of these taxes the seller of goods acts, finally they are paid by the buyer of goods as the sums of a tax join in the price of these goods paid by the buyer. In other words the sum of a tax is transferred by the taxpayer to other person.

Direct taxes can be subdivided on real and personal. Real taxes [from English real — the property] — is the property taxes (for example, the property tax, a tax on vehicles). Personal taxes — it is taxes on the income (profit) of the taxpayer.

Depending on a tax form they are subdivided on natural and monetary. At a natural tax as a subject of tax payment the things determined by patrimonial signs (usually — part of the reaped crop, got production) act. Monetary taxes (irrespective of object and a tax subject) are paid by money. Now it is a primary form of the taxation.

Depending on the subject of a tax they are subdivided into taxes on legal entities (on the western terminology — corporate taxes) and taxes on individuals (on the western terminology - individual taxes).

Depending on territorial level taxes are subdivided on nation-wide and local. The first are the income of nation-wide monetary funds (for example, in Kazakhstan - the republican budget), the second — the income of local budgets.

Depending on use as a method of the budgetary regulation taxes are subdivided on fixed and regulating. The fixed taxes — are what according to the legislation are assigned as a profitable source to a certain type of the budget. Regulating taxes — are what being fixed to certain budgets, in the course of the annual adoption of budgets are transferred to subordinate budgets for balancing of the last.

Depending on nature of use taxes can be general purpose and target. Taxes of general purpose (abstract taxes), being enlisted in the budget, are dissolved there in the mass of other budgetary income and are spent at budget performance without a binding to concrete actions. Target (special) taxes are used for financing of concrete actions. As example of a target tax the social tax acts.

By the method of calculation of the taxes they are divided on the accountant and non-accountant. When the accountant his tax amount (the so-called " salary tax") is established for each individual taxpayer's tax authority and the tax obligation arises only after the authority given to the payer of the relevant order (tax notice) with the calculated amount of tax. Non-accountant taxes are calculated and paid (of course, in terms of the tax legislation) by the taxpayer alone. Tax authorities only control over the completeness and timeliness of the calculation of the tax paying it.

According to TC of RK the taxes operating in the territory of Kazakhstan, are subdivided on direct and indirect. The VAT and excises belong to indirect taxes. Others treat straight lines.

According to Art. 60 of TC of RK the following types of tax are established: 1) corporate income tax; 2) individual income tax; 3) value added tax; 4) excises; 5) taxes and special payments of subsoil users; 6) social tax; 7) land tax; 8) tax on vehicles; 9) property tax.

Besides, in Art. 61 of TC of RK the following types of collecting are established: 1) charge for the state registration of legal entities; 2) charge for the state registration of individual entrepreneurs; 3) charge for the state registration of the rights to real estate and transactions with it, etc.

Taxes and fees are estimated and paid in tenge, except for cases when acts of RK and provisions of contracts on the subsurface use, concluded by the competent authority authorized by the Government of RK provided a natural form of payment and also when payment of taxes is carried out in foreign currency, according to acts of Kazakhstan.

Corporate income tax. According to RK Oil Company art. 77 legal resident persons of RK treat payers of corporate income tax, except for the RK National Bank and public institutions, and also the legal persons nonresidents carrying out activity in RK through continuous establishment or gaining income from sources in RK. Objects of taxation by corporate income tax, according to art. 78 of the Tax code, are the taxable income; the income assessed at a source of payment, and net income of the legal entity of the nonresident who is carrying out activity in RK through continuous establishment. Corporate income tax is estimated for the tax period (calendar year) by application of a rate of 30 percent to the taxable income.

Taxpayers pay corporate income tax by introduction of advance payments by equal shares during the tax period no later than the 20th day of the current month. The declaration on corporate income tax is submitted to tax authorities no later than March 31 of the year following the reporting tax period (except for the legal entities applying a special tax mode). On corporate income tax following the results of the tax period the taxpayer carries out final settlement no later than ten working days after March 31.

Individual income tax. According to art. 141 of the Tax code payers of individual income tax are the individuals having objects of the taxation.

Objects of taxation by individual income tax is the income assessed at a source of payment (the income of the worker, the income from single payments, the income in the form of dividends and other income determined by art. 146 of the Tax code and the income, free payments at a source (the property income, the taxable income of the individual entrepreneur and other income determined by art. 163 of the Tax code). Thus art. 144 of the Tax code defined the list of the income of the individuals who aren't subject to the taxation, in particular, the address social help, the alimony received on children, payments to the military personnel, the income from operations with the state securities and some other income.

4. Legal regulation of investment activity. Subject of legal regulation of the investment right are the investment relations arising in the course of investment activity. The method of the investment right is characterized by that the content of legal relationship is defined by regulations and contracts including the international.

The rights and duties of participants of investment legal relationship are defined by contracts therefore for the investment right uniform distributions of the rights and duties between subjects are characteristic.

The system of the General part of the investment right includes the following legal institutes: state regulation of the investment relations; investment legal relationship; protection of an investment; investment contract and organizational and legal forms of investment activity.

Institutes of Special part characterize the investment right in operation and settle down in logical sequence depending on a role and value of the adjustable relations, namely: investment activity; licensing; taxation; management of investments; investment tools; crediting; investment project; insurance of investment risks; separate types of investments; types of investment contracts; concession agreements; contracts of a bank loan; leasing contracts; obligations in the sphere of investment activity; pre-judicial, judicial and other forms of permission of investment disputes; responsibility for violations of the investment legislation.Special institutions are often characterized by the investment law in action and arranged in a logical sequence, depending on the role and importance of regulated relations, namely: investment activities, licensing, taxation, investment management, investment instruments, financing, project investment, insurance investment risks in certain types of investments, types of investment contracts, concession contracts, bank loan agreements, leases, commitments in the areas of investment, pre-trial, judicial and other forms of resolving investment disputes; responsible for violations of the investment law.

12-тақ ырып. Қ ұ нды қ ағ аздар. Банк. Банк қ ызметі. Кө нерген жә не кірме сө здер.Кө нерген жә не кірме сө здер туралы білімдерін кең ейту.

Қ ұ нды қ ағ аздар, бағ алы қ ағ аздар — мү ліктік қ ұ қ ық ты куә ландыратын, дивиденд жә не пайыз тү рінде белгілі бір ақ ша сомасын алуғ а қ ұ қ ық беретін қ ұ жат. Банк (италянша bankо — ү стел) — ақ ша қ аржылары мен қ орларын жинақ тау, кредит беру, мемлекеттер, кә сіпорындар (фирмалар), мекемелер жә не жеке адамдар арасындағ ы ө зара тө лемдер мен ақ шалай есеп айырысуда делдалдық ты жү зеге асыру, ақ шаның белгілі бір тү рін айналымғ а қ осу, ақ ша мен қ ұ нды қ ағ аздар шығ ару, алтынмен, шетелдік валютамен тү рлі операциялар жасау жә не басқ а да қ ызметтер атқ аратын қ аржы мекемесі. Банк қ ызметін бақ ылау жә не реттеудің экономикалық мә нін студенттерге тү сіндірту. Кө нерген сө здер – кү нделікті қ арым-қ атынаста жиі қ олданылмайтын, бірақ тілдің сө здік қ орында сақ талғ ан, кө пшілікке тү сінікті сө здер. Кө нерген сө здер кө нелену дә режесі мен себебі жә не қ олданылу сипатына қ арай ө зіндік лексика жү йесін қ ұ райды. Кірме сө здер - тіларалық қ арым-қ атынас (байланыс) нә тижесінде бір тілден екінші тілге ауысқ ан бө где тілдік элементтер (сө здер, сө з тіркестері, жұ рнақ тар т. б.). Кө бінесе белгілі бір жаң а ұ ғ ым-тү сініктің атауы болып келетін кірме сө здер «шет тіл сө здері», «интернационал сө здер», «варваризмдер», «калька» сияқ ты тү рлерге сараланып зерттеледі. Кө нерген жә не кірме сө здерден 50 мысалдан жаттату арқ ылы білімдерін кең ейту.






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