Final review: family, criminal, financial, environmental and procedural law
Lessons 27 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
27
Final review: the five sections of the textbook
Review: textbook §§ 1–28 (pp. 4–139)
GoalReview the key concepts of the textbook’s five sections by linking them together, consolidate age limits, time limits and rates, and solve exam-style case studies.
New words
a branch of law: a group of norms regulating one kind of social relations · Huquq tarmog‘ia legal fact: an event or act that creates, changes or ends legal relations (for example, registering a marriage or committing a crime) · Yuridik fakta kind of liability: disciplinary, administrative, civil-law or criminal · Javobgarlik turia case study: a short situation that is solved by applying legal rules · Kazus
Explanation
The five sections studied this year regulate different relations, but they are closely linked. Family law regulates the relations of spouses, parents and children that begin when a marriage is registered at the civil registry office (marriage age of 18 for both sexes, common property, the marriage contract, maintenance); if these duties are seriously broken, for example by evading maintenance set by a court decision, criminal law applies. Criminal law determines which act is a crime: all four elements of the composition of a crime must be present, and the subject must be sane and have reached the age of liability (16 as the general rule, 14 for certain serious crimes listed in the Code, 13 for intentional murder with aggravating circumstances). Financial law regulates the state’s money funds — the budget (the financial year runs from 1 January to 31 December), taxes (VAT and personal income tax at 12 percent) and state credit — while environmental law regulates the protection of nature and the “polluter pays” rule. Procedural law shows the order in which these rules are applied: the presumption of innocence, the independence of the court, the adversarial contest of the sides and evidence obtained only by lawful means. When solving a case study answer three questions: which relation was broken (the branch), who did it and at what age (the subject), and what consequence and which kind of liability follow.
Worked examples
Case study: 17-year-old Sardor guessed the password of a classmate’s social-network account, logged in and deleted files. Analysis: the object is information security and privacy; the subject is over 16, so the question of liability is examined; depending on the harm and its consequences there may be administrative or criminal liability, and separately compensation for the harm (civil-law liability) is decided. If the case reaches investigation or court, he is considered innocent until the verdict enters into legal force, and because he is a minor a defender must take part.
Case study: an enterprise let waste water flow into a river without permission and fish died. Environmental law: the enterprise compensates the damage (“polluter pays”), and the responsible person may face an administrative fine or, with grave consequences, criminal liability. Financial law: the fine collected becomes budget revenue. Procedural law: evidence such as the analysis of water samples (an expert opinion) must be gathered in the lawful manner.
Class activity
Case-study stations: the class splits into five groups; each group writes its own invented case study on one section of the textbook and passes it to the next group. The groups write a solution using the scheme “branch — subject — consequence” and justify it to the class. No real persons or events are used.
Practice
1
Write the marriage age, the criminal sign of evading maintenance, and the limitation period for divorced spouses’ claim to divide common property.
The marriage age is 18 for both sexes; failing to pay money due under a court decision for more than two months in total; the limitation period is three years.
2
How many so‘m is the 12 percent VAT on a product priced at 350,000 so‘m before VAT?
42000
3
List the four elements of the composition of a crime and the forms of fault.
Object, objective side, subject, subjective side; the forms of fault are intent (direct and indirect) and negligence (overconfidence and carelessness).
4
Why can the rules of family, criminal or financial law not work fully in practice without procedural law? Justify.
Because substantive rules only say what is allowed and what is not; when a right is violated, procedural rules decide who restores it, in what order and on what evidence, and so prevent arbitrariness.