Право / 1. История государства и права.

a senoir teacher, master of law Sciences of the law Department

Muidenova Alya Kalzhanovna

Kyzylorda state university after Korkyt Ata, Kazakhstan

a senoir teacher, master of jurisprudence of the law Department Zhuldybaeve Akmanat Rysbekkizi

Kyzylorda state university after Korkyt Ata, Kazakhstan

Formation of democracy at legal reform period

The history of the development of jurisprudence started with the formation of ancient Kazakh in our country. We, Kazakh country after having got our independence in 1991, adopted the main law, a basis of our state, the Constitution of Republic of Kazakhstan on August 30, 1995. All adopted normative legal acts, laws take their beginning from the Constitution [1].

«If the time changes, principles will change too» mentioned Great Abai, our laws have been changing in accordance to the changes of the society and they are being improved. Republic of Kazakhstan recognized itself as a democratic, legal, social, intelligent country in the Constitution and the most valuable wealth is considered to be a human life, their rights and freedom. How adopted laws take values mentioned in the Constitution into consideration.

It is known that scientists often discuss and debate about systematizing legal policy in the judicial legal reform. It is very important to systematize legal policy, especially crime, criminal enforcement system nowadays. We must learn and make such a reform from other states` legal experience and rely on our state legal rules [2]. President of Republic of Kazakhstan declared a moratorium of the death penalty in 2004. It means that this punishment is not removed from the punishment. It is considered to be one of the most severe punishment in criminal Codex of Republic of Kazakhstan [3]. Do we need such kind of punishment? One side thinks, if we refuse from this punishment, there will be no punishment to scare criminals in the criminal world. The others think, that systematizing legal policy is an index of the democratic process. We can not resist bad behavior by depriving human life.

First of all, we must find out reasons, factors, which make person act in this way, do the crime. If the state responds to violence with violence, it may fall to the same level. According to Blez Pascal`s opinion «depriving bloodsuckers` life leads to increasing their quantity». If we do not refuse death penalty, it means that we do not appreciate values written in the Constitution. The majority of the population think that it is not time to refuse from death penalty. When the time comes. One of the most developed democratic state among powerful democratic states with its developed civil society such as the United States of America can not refuse from this punishment too. Every human being has a right to live. Human being was not сreated by the state, that’s why it does not have any rights to deprive somebody’s life. The state only regulates peoples` relationship in the society [4].

In accordance to this opinion there is one more alternative punishment is an imprisonment. This punishment has negative elements. The state has to spend 3200 tinge from the state budget for one criminal a day in places of deprivation of liberty. It means that an average size of money spent for one criminal is about 1000000 tinge a year from the state budget. The main factors, resources which make people do the crime are an economical inconstancy, polytical changes in the society. According to static report the majority of imprisonment are teenagers and their number is increasing.

Spending life in colonies, to be brought up in the condition of colonies mean to spoil teenagers` destinies. For example: nowadays often occurring theft is the theft of mobile phones. The criminal is usually judged for three or four years if he steals a phone costing 30000 tinge. If the criminal pays a fine in the tenfold size his destiny will not be spoiled and the state will not spend a lot of money for criminals. Instead of taking blames to prison it is better to involve them in social work, to make them pay fines and to save money. At present one of the main reason of doing crime is social condition, that’s why much attention must be paid to families who are unemployed, it will be one of the best solutions in preventing the crime. The next main issue is those who are deprived of freedom, their returning back to the society, their relationship with relatives, families and employment. They usually have a lot of difficulties in everything, because the society itself does not take them back. The number of the defendants is increasing annually. The conditions of colonies are not subject to any criticism, so there is a problem, to build new colonies and colonies for women. We must find out some mechanisms to solve unfriendliness and hardship between people in the society. One of the mechanisms is to develop an institute «Mediation» which appeared in the court recently. Mediation is a kind of system consisting of experienced people such as abyzes and bies (people who were very wise, bright, who had known a lot and seen very much in life) in ancient Kazakh country [5].

Before going to the court, citizens must consult mediation and solve everything peacefully. President`s plan of making legal reforms during the period between 2010-2020 in the legal system, changes and new laws will be taken in the legal system will work in favor of the society and influence on the state development directly.

Used literature:

1. Constitution of Republic of Kazakhstan August 30,1995 – Аlmaty: Attorney, 2014.

2. Periods of historical development of Kazakhstani legal system. // Law and Judiciary. - October 27. - 2004.

3. The code of crimes of RK July 16, 1997. – Almaty: Attorney, 2014.

4. Isakhmetuly Zh. The definite situation of systematizing legal system and its future. // Sayasat. – 2007. - №10.

5. Baigaraev А. Historical analysis of financial punishment issues in сonducting the judicial process. // Tura Bei. – 2008. - №1.