BASIS OF SOCIAL PROGRESS IS THE DEVELOPMENT AND STRENGTHENING OF LEGAL CULTURE OF THE POPULATION

G.R. Absattarov - candidate of political sciences (Kazakhstan)

To understand a basis of social progress as development and strengthening of legal culture of the population, first of all it is necessary to give briefly definition to the concept "social progress" as object of politological research.

The concept "social progress" was included into a scientific turn long ago. However sociologists and political scientists of the different directions far ambiguously understand social progress that in itself creates known difficulties when studying this question.

In this regard there is a question, what is "social progress"?

Social progress is the direction of development, is characterized by transition from simple, lowest forms of political lives to more difficult, to the highest, to more perfect. The basis of this progress is legal culture of the population.

It is necessary to tell that ideas of social progress can be considerably deepened and concretized at politological research of legal culture of the population.

Meanwhile, as shows the politological analysis of scientific literature, the legal culture of the population as a basis of social progress yet weren't a subject of independent research to socio-political science in this connection the complete view of this problem didn't develop yet. Therefore, taking into account the arisen needs for justification of a basis of social progress as development and strengthening of legal culture of the population on materials of Kazakhstan has big not only theoretical, but also practical value.

The legal culture serves in Kazakhstan as the channel of interaction of the personality, society and the state, and the channel of social progress of the country. Its basic purpose consists in implementation not discharges, but accessions of Kazakhstan citizens to society and public work. It is connected with its intrinsic lines as focus, implementation of imperious functions in the society ordering impact on all range of the socio-political relations. The legal culture in Kazakhstan becomes the real instrument of social, political and economic transformations, the modernizations having essential impact on functioning of political and legal system of the state and civil society as a whole. [1]

Modern ideas of legal culture in Kazakhstan proceed from recognition of organic unity in it two beginnings: spiritual, ideological and practical, active. Formation of legal culture and socialization in Kazakhstan are considered as active process. Ability of this or that phenomenon to become an element of legal culture of Kazakhstan first of all is defined by opportunities of its influence on achievement of planned results of activity.

It is necessary to tell that the legal culture of Kazakhstan as a phenomenon of socio-political reality, doesn't consist of the separate and isolated phenomenon, but represents some complete education. Integrity defines those integrated qualities which are inherent in separate components as to system components. The conceptual tool of solution of the problem of politological research is the creation of system of indicators and the empirical indicators defining legal culture of Kazakhstan as socio-political phenomenon.

In the Kazakhstan society where the traditional consciousness and legal culture aren't legal phenomenon in strict sense of the word, the standard relations are perceived quite variably, and often it is impossible to call legal behavior of the population law-abiding. "Division of positions" is the exact characteristic of condition of the consciousness, defining both the contents, and evolution of legal culture in Kazakhstan. This line not only is present, but also dominates. In consciousness of Kazakhstan citizens there was no change yet, degree of bias, fears is still great that planned measures won't have real impact on practical side of business, on total disappearance of those negative tendencies which developed in society in previous years.

This situation in Kazakhstan is caused by a variety of reasons: insufficient efficiency of reforms of political and legal system, low legal competence of citizens, their insufficient knowledge of the rights and duties; not completeness of the legal case; I nsufficiently high professionalism of lawyers; contradictions of legislative process in a transition period of political development; administrative legal nihilism; weakness of law-enforcement and judicial systems. These and other characteristics cause a condition of legal culture of the Kazakhstan society.

The legal culture and the content of sense of justice of Kazakhstan citizens generally depend on knowledge of the right and policy besides which they can be allocated with specific political and legal definiteness. However the knowledge of the right and policy isn't decisive factor lawful behavior. These factors have to include not only negative sanctions, legal education, but also the national state and legal ideology influencing on formation of legal installations of the Kazakhstan citizen in his social and concrete, not always favorable objective conditions.

Relying on results of available researches of legal culture of Kazakhstan, it is possible to characterize it as extent of mastering by the right, policy in operation, in particular, consciousness, responsibility in implementation of requirements of the right, policy, creative orientation to the all-Kazakhstan, universal values and norms, and also features of national culture in the inconsistent political, legal situations, assuming in the highest manifestation intuitive political and legal behavior, participation in law-making and in development of a state policy. So, legal culture of Kazakhstan as a socio-political phenomenon is the difficult phenomenon, a certain unity general, special and single. Efficiency of each element in the general mechanism of impact on the Kazakhstan citizen changes depending on the whole complex of factors, among which: time, socio-political space, economic situation, political situation. Each component of this mechanism can be a determining element on condition of impact on consciousness and sense of justice of the personality and society as a whole.

The saved up experience of Kazakhstan and other countries shows that the consciousness, habits, behavior of people how they wanted it, change where more slowly, than there are changes in economy, policy, society organization forms. [2]

Former installations on fast and the simple decision on methods of the complex problems facing the Kazakhstan society remain also. Political forces of various orientation resort to tactics of promises, seeking for strengthening of the influence, a victory on elections, referenda, etc. Unfortunately, the present political power didn't avoid it that extremely negatively affected to social well-being and political behavior of masses. Because there was a gap between expectations of people and real deterioration of conditions of their life that generated moods of uncertainty, apathy, fear and aggression.

It is formed and widely the special condition of the Kazakhstan mass consciousness for which are characteristic extends: thinking and knowledge crisis; science profanation; revival of superstitions; cult of satisfaction of needs of nature; decline of moral standards as a result of ideas about morals relativity, etc.

The consciousness of many Kazakhstan citizens is deformed dually, inconsistently as tries to combine incompatible stereotypes and installations. Accumulation of negative emotions, versatile irritants and incentives reaches the tension, threatens with continuous failure.

One of serious manifestations of influence of a socio-political situation in the country on legal culture of the population is the legal nihilism.

In principle, nigilistic consciousness in Kazakhstan is the objective phenomenon peculiar to transition period, being accompanied by radical withdrawal pains of political foundations. In most cases masses without special enthusiasm perceive large changes and shocks, especially if they pass against very essential decrease in a standard of living. They reject all new until will estimate its socio-political and economic advantages.

The legal nihilism is a certain form of public consciousness of the Kazakhstan people, reflecting political and national and historical features of the Kazakhstan society. Degree of legal nihilism in Kazakhstan is some kind of indicator of health of society and the state in which it is shown. Therefore it is possible to tell with confidence that the legal nihilism in Kazakhstan is not only legal concept, but some kind of socio-political phenomenon resulting an assessment of the right or its separate norms by Kazakhstan citizens, social, political subjects or even all Kazakhstan society.

It should be noted that the legal culture of Kazakhstan reflects an ideological and legal condition of the Kazakhstan society in a certain historical stage, characterizes level of sense of justice, knowledge of the right, respect for laws.

In this regard there is a question, what ratio of sense of justice and legal culture in Kazakhstan?

Legal culture of Kazakhstan is the phenomenon wider and "qualitatively saturated", than sense of justice of Kazakhstan citizens. It covers sense of justice of the population in unity with forms of its manifestation. It always should be connected with an assessment of level of knowledge and understanding, with development of views, representations, belief, moods, feelings of Kazakhstan citizens concerning the right, legality and with practical behavior of subjects. In other words, the legal culture of Kazakhstan is a unity of legal knowledge, estimates and behavior of Kazakhstan citizens.

Level of legal culture of Kazakhstan is defined by level of sense of justice, degree of its progressiveness, scale and depth of legal education in the country, vocational training of lawyers, extent of development of legal, political sciences, legal, political thinking. From here those demands which are made today to reformed political, legal relations of Kazakhstan. Without changes in legal, political thinking of Kazakhstan citizens it is impossible to carry out reform of all Kazakhstan legal system.

It is necessary to tell that the legal culture of Kazakhstan renders organizational regulating influence in respect of ensuring social and positive behavior, the prevention of negative manifestations and elimination of factors promoting them at the solution of socio-political problems of any sphere and any standard of living of the Kazakhstan society. It acts as necessary condition of development of democracy in Kazakhstan, and the democracy is finally necessary in order that in the Kazakhstan society there was a social progress, there was legality and justice triumphed, the healthy and moral infrastructure was approved.

Speaking about difficult structure of legal culture of Kazakhstan, it should be noted that this concept is applicable not only individually, but also to separate professional groups, social groups, to the government and public bodies, establishments and officials. For example, for an assessment and characteristic of legal culture of Kazakhstan in the sphere of public administration the most importance gets respecting the rule of law, elimination of an abuse of power, competence, efficiency, ability to direct, providing of legitimate interests and the rights of citizens of our country, etc.

At the same time, the legal culture of Kazakhstan is in organic unity and interrelation with other areas of culture of the country - political, ethical, esthetic, which norm are harmoniously coordinated to the Kazakhstan right. The interrelation of legal and political cultures is especially close. High level of political culture of Kazakhstan is inconceivable without high level of legal culture of the Kazakhstan society, strict observance of the principle of legality which is not only legal, but also the political principle.

Addressing to identification of a place of different types of human activity in legal culture of Kazakhstan, it is necessary to allocate at least the following its areas: activity directly in the legal sphere and activity of unlawful character, but connected with a right coverage. The understanding of the first doesn't represent special complexity, in the second case is mass media, literary works, painting, cinema, etc., activity in itself to legal culture of Kazakhstan not relating, constantly fills up its "funds".

The legal culture of Kazakhstan as extent of free development of the individual is shown, first of all, in his readiness to perception of progressive legal ideas and laws, skills, the real right. From these positions it is characterized by existence of legal cultural reference points and progress. The legal culture of Kazakhstan is a certain character and level of activity of the identity of the Kazakhstan citizen in the course of which it acquires or develops the legal knowledge, abilities, skills. At last, the legal culture of Kazakhstan can exist and as result of cultural activity in the sphere of the right, policy, i.e. as set of the corresponding degree of political and legal knowledge, abilities, skills of the personality – the Kazakhstan citizen. This way of existence of legal culture of Kazakhstan can be considered as potential.

In the politological analysis of a real condition of legal culture of the personality Kazakhstan citizen it is necessary to see its multiple layers. Data of legal culture of Kazakhstan to one of three ways of its manifestation and existence involuntarily narrow tasks of formation of this culture at the population. So, if the legal culture of Kazakhstan is considered as legal cultural potential, is free or involuntarily possibilities of its further development, and stability of legal culture already acquired by Kazakhstan citizens stand aside also. The first is provided with the legal cultural activity, the second is elaborated with legal cultural orientation.

Definition of legal culture as degree and nature of legal development of the personality Kazakhstan citizen, providing individual activity, in effect, contains two of its characteristics, irreducible one to another.

The concept of legal culture the same as concept of education, is an indicator of development of the Kazakhstan person, first, from its level, secondly, from its orientation. It is obvious that in a case about which there is a speech, we deal with approach to education from the point of view of its level which can't be estimated what of them is higher, what below. It is possible to speak about various types of education only.

At an assessment of legal culture of Kazakhstan business is where it is more difficult, than with the Kazakhstan education. First of all, because types and levels of the Kazakhstan education are standard that you won't tell about legal culture of Kazakhstan. Besides, education classification consistently follows from the conventional types of knowledge in that type in what they developed in modern Kazakhstan society while the culture tipologization in general and legal culture of Kazakhstan in particular, makes a start from typology of activity which isn't developed yet in socio-political science.

It is necessary to approach to the analysis of structure of legal culture of Kazakhstan also from its level and depth of knowledge of the legal phenomenon, from positions of mastering by them. Here ordinary, professional and theoretical levels of legal culture of Kazakhstan citizens are allocated. Ordinary level of legal culture is limited by a daily framework of life of Kazakhstan citizens at their contact with the legal phenomenon. With its help it is impossible to think and estimate correctly all parties of legal policy and practice. Specifics of ordinary legal culture of Kazakhstan citizens such is that it, without rising to level of theoretical generalizations, it is used by Kazakhstan citizens in their everyday life at observance of legal duties and use of the subjective rights.

The legal culture of Kazakhstan should be considered at two levels. First, at the level of public and legal institutes as some objective phenomenon. We talk about the Kazakhstan practice of functioning of legal system as a whole, about specifics of activity of legal institutes. Secondly, at the level of group and individual sense of justice and legal behavior of citizens of Kazakhstan which is carried out through steady norms, values [3].

Professional level of legal culture of Kazakhstan develops at the persons who are specially engaged in legal activity, for example, at lawyers. At everyday, direct contact with the legal phenomenon they develop professional level of legal culture. Higher degree of knowledge and understanding of the legal phenomenon in the corresponding area of professional activity is peculiar to this culture.

Full and comprehensive identification of essence and the maintenance of the legal phenomena in power only the personality Kazakhstan citizen possessing in legal culture by certain theoretical level. The theoretical legal culture of the Kazakhstan citizen represents scientific knowledge of essence, character and interaction of the legal phenomena in general, all mechanism of legal regulation, instead of its any separate directions, all legal life of the Kazakhstan society.

The legal culture of the Kazakhstan society as system is interconnected with external systems in relation to it, and also with system of higher order in which it is included. There are no doubts that functioning of legal culture of the Kazakhstan society is determined, finally, by system of the political, social and economic relations. This determination of legal culture of the Kazakhstan society causes to life its such function, as legal support of process of formation of new Kazakh statehood and social progress of the country.

The personality in Kazakhstan has to be characterized by pronounced legal orientation, knowledge and understanding of the right. The legal culture of the Kazakhstan society has to promote formation of legal culture of the personality - the Kazakhstan citizen, respect for the law.

Ideals inherent to legal culture of Kazakhstan, rules of law, the principles, traditions assume consolidation of members of the Kazakhstan society, concentration of their efforts to the solution of problems of creation of the constitutional state and social progress. The legal culture of Kazakhstan provides socio-political unity of people. It allows not only to carry out legal communication between citizens, but also to regulate their relationship in the legal sphere.

From our point of view, in post-socialist Kazakhstan basic values, the principles and norms of the modern democratic civilized legal systems creating conditions for civil identification and civil self-realization start being implemented. These principles and norms are stated in the Constitution of the Republic of Kazakhstan [4], in constitutional, civil and other branches of the right.

Now the system of the right of the Republic of Kazakhstan includes: state law, civil law, administrative law, labor law, family law, financial right, land right, nature-guard right, criminal law, criminal procedure right, civil procedural law.

In the Kazakhstan society there is a certain extent of submission to the right, its prestige, a certain general existing of various estimates, moral and socio-political positions, customs which support or weaken action of political and legal system of the country. This community of skills and the values connected with approval, assessment, criticism and realization of political and legal system, it is possible to define as the general legal culture of the Kazakhstan society. This legal culture of our society can be more or less developed, and its separate parts can be coordinated in various degree with all culture of the country. But there are also certain deviations from the fundamental beginnings of this general legal culture [5].

The legal culture and the content of sense of justice of Kazakhstan citizens generally depend on knowledge of the right, policy, morals besides which they can be allocated with specific legal definiteness. However the knowledge of the right, policy isn't decisive factor lawful behavior of Kazakhstan citizens. These factors have to include not only negative sanctions, legal education, but also the national state and legal ideology influencing formation of legal installations of the personality Kazakhstan citizen in its social and concrete, not always favorable objective conditions.

Relying on results of available researches of legal culture of Kazakhstan, it is possible to characterize it as extent of mastering by the right in operation, in particular, consciousness, responsibility in implementation of requirements of the right; creative orientation to the all-Kazakhstan, universal values and norms, and also features of national culture of Kazakhstan in the inconsistent legal situations, assuming in the highest manifestation intuitive legal behavior, participation in law-making.

In the conclusion it is possible to draw the following conclusion: first, the legal culture of the population is initial defining ideas, requirements, the installations making a moral and political basis of social progress of Kazakhstan; secondly, as the main requirement to productivity of legal culture of the Republic of Kazakhstan improvement of quality and level of social and legal life of society and the personality acts. It can be expressed in ensuring security of the status of citizens, in opportunity on prospect, in coherence and predictability of actions of the political power of Kazakhstan.

Literature

1. Концепция правовой политики Республики Казахстан с 2010 до 2020 года// Казахстанская правда. – 2009, 27 августа.

2. Абсаттаров Р.Б. Этнополитические противоречия в СНГ и способы их решения// Ежегодник СНГ: проблемы, поиск, решения. – Москва, 2011. –С.57-61.

3. Абсаттаров Г.Р. Правовая культура населения – важнейший фактор совершенствования правовой политики Республики Казахстан// Вестник КазНПУ. Серия социологические и политические науки. – 2012, №2. –Алматы, 2012. –С.153.

4. Конституция Республики Казахстан. –Астана, 2008. –С.7-14.

5. Sozialphilosophische, politische und rechtliche Aspekte der Modernisierung Kasachstans – Berlin, 2012.-S.135.