Kazakhstan
Abstract
In consequence of that person's
thoughts can be expressed primarily through speech , every nation appreciates
the culture of speech andthrough a culture of the state can attract a
particular attention . If one country would be violated public order and
political stability , in that State on the law enforcement and legal obligation
is imposed to restore public order and the rights violated , to ensure the
rights and freedoms of citizens , and to suppress a particular crime under the
laws in force in this country.
Keywords: criminal trial, the court
official in charge of criminal cases, the responsibility for the criminal
proceedings, speech culture officials.
The basic quality of judicial speech
is credibility - validity of all theses and conclusions. Convince - so logical
arguments to prove or disprove any provision cause the belief that the truth of
the thesis is proved , that is, to persuade judges to accept this view .
Important factors are persuasive speech speaker conviction in the rightness of
their position in the case and the high culture of his thinking. Conviction
comes from the knowledge of the case . M.G.Kazarinov , for example, in a speech
said : "The court has entrusted me with the task of protecting , my belief
in the innocence of the defendant greatly facilitated my performance of my
duties." This idea is expressed in speech O.V.Derviza "... I am doing
their professional duty with the profound conviction of the correctness of my
legal and moral evaluation Vasilyeva . " Conviction speaker leads to the
need to convince the court .
In consequence of that person's
thoughts can be expressed mainly through speech , every nation appreciates the
culture of speech and
through a culture state can attract
a particular attention . If any state would be violated public order and
political stability , in this state law enforcement officials and lawyers
imposed duty to restore public order and human rights violations , to ensure
the rights and freedoms of citizens , and to suppress a particular offense
under the laws in force in this country.
First means master of eloquence is
the desire to learn new, without sparing himself . As said Lomonosov ,
eloquence - it is a natural spiritual ability , clear , strong voice , spirit,
open-mindedness . For example, all known such great people that have attracted
deserved attention as the famous Roman orator Cicero , Greek orator
Demosthenes, Athenian orator and Apollo. Another example : Greek orator
Demosthenes fought Kallistratov speaker during the criminal proceedings Oropa .
Callistratus won the case and enthusiastic people followed him to the door of
the house . Demosthenes was so struck by the eloquence Callistratus whitewash
Oropa at trial that threw childrens games and went to the development of their
oratory with great responsibility. He listened to the speech of other speakers
, trying to repeat them without disturbing the internal structure and content.
Sometimes I'm certain he did not like at its sole discretion to excerpts ,
recorded successful phrases and expressions of other speakers and used them in
his speech. Conducted analysis failed speeches , identifying errors . Thus ,
analyzing the speeches and performances , he became a great orator of ancient
Greece.
If we look at the history of our
independent , democratic state and then witness the development of the
traditional legal culture in the Kazakh society that has achieved significant
heights in this development. You can appreciate the people who worked in the
name of the time lawyers - bi , who knew how to reconcile the warring parties
to bring them to compromise, find a way out of the most difficult situations
that have arisen as a result of hatred, conflict , struggle for land , water
and other material values , especially when between genera and
tribes acted principle of " blood for blood , an eye for an eye ."
How is authority , what force had to have in order to stop the bloodshed
generated conflict sides resting on spears and swords , and reconcile them to
restore order and justice ? This force - the eloquence of speech , penetrating
into the hearts of the people , touching their souls , this force , which had
bi Kazakh , performs the function of lawyers of the time. Famous Supreme Court
Chief Justice of the Republic of Kazakhstan , a prominent scientist, Professor
M.Narikbaev , in his work " From our great orientation to the Supreme
Court " gives the highest rating exceptional merit lay judges " Bi -
a leader , a bi - this speaker, bard , lawyer, doctor and the referee , bi - is
a thinker , a psychologist and artist, bi - this educator "[1] .
In Kazakh society was a lot of
famous people - judges, fair and open , with dignity and avtortetom decide the
fate of people weighing them on the scales of justice. Among them are the
symbol of justice legal system of Kazakh society - Tole bi and bi Kazybek
Aiteke . These names are always attracted special attention . Kazybek bi
possessed a natural gift of oratory. When a group of Kazakh bi went to Kalmyk
Khan Kontaychi to return captured sons and daughters , as well as property ,
while still very young Kazybek stood before the Khan and , looking into his
eyes , said: "We are Kazakhs, graze cattle , but no harm. To our
well-being has not disappeared , that our borders are not trampled enemies ,
our peaks sharpened and always ready for a fight . No one enemy can not defeat
us, and nobody can say anything bad about us . If a ruler become proud - we
trample his army. We were able to keep friends and separate the wheat from the
chaff. A son from his father , but he will never be a slave, as a daughter ,
born from the mother will not be a slave . You - Kalmyk we - Kazakhs, and
nothing you do not give in , if you - metal , we - coal and its heat melt
metal. As a young horse , we are always ready for battle. Gets or owned by us
or nazovai place and time for battle ! ". Such wise filled courage and
strength it struck a young boy Kalmyk Khan , he could not find an answer. When
Kazakh ambassadors have bridled horses , going way back , Kalmyks gathered and
turned to their khan :
- Shame on you so cowardly threats
tremble before some boy ?
At that Khan said
- And what about you , do not feel?
When the young man said , it seemed that there are two near Sneem ognedyshashih
lion and whispered : " Do not you dare open your mouth , we 'll show you !
". This confused me and I did not even found the answer. Maybe you have
not seen it , but it was. So gather their belongings and people back all .
Oratory Kazybek bi , his ability to
influence people 's culture was truly endless speech , every word penetrated
deep into the soul of Khan , so Kazybek bi received almost Khan's powers ,
leaving Khan only nominal power. If Kazybek possessed this gift , if it just do
not have that event might affect the Kazakhs Kalmyk Khan and regain their lost
? VU Kazakhs there is a saying : " You can cut off the head , but not the
language ." This means that the word is always mightier than the sword .
And what Kalmyk Khan Kontaychi later remarked: "You are not Kazakh Kazybek
you Kazybek great orator ," is a kind of recognition of skill Kazybek
recognition rich culture of speech and expression verbally Kazakh bi.
In those troubled times Kazybek
brought huge benefits to the people in the legal, political and social spheres
. Even in this example it is clear that any other action would lead to
bloodshed, the result
which would become a fact of no
return stolen property and people Kalmyks . While bi action helped to avoid
bloodshed , keep the peace , return stolen and leave about yourself most
impressed .
Owning a culture of professional
speech is one of the great abilities of the person , making him a man , means
performing its vital functions . Building a culture of professional speech
lawyers leading criminal litigation is one of the main conditions for joining
our independent legal state ranks highly in world powers. Celebrated the 20th
anniversary of the declaration of independence , and for 20 years our country
is a democratic legal state . Legal culture occupies a special place in a
democratic state . Legal culture in a democratic society - a collection of
cultural resources of speech for all citizens of society. In a state of law
culture of professional speech lawyers determines the appearance of elements of
legal culture . In order to be a democratic state of law must be fully form the
legal culture in society. For the formation of legal culture should always
sovershenstovat legal consciousness of all citizens of society, including
seasoned professional lawyers. We can see elements of the legal culture in all
historical periods of development of Kazakh society , up to the present day ,
when it was created by a democratic constitutional state . Legal consciousness
of the people was formed as part of the legal culture . Legal culture and legal
consciousness , formed in Kazakh society , rooted in the traditions of the
Kazakh people. At the moment, we need to update in accordance with the
requirements of the times , to bring global standards and systematize legal
culture emerged over the centuries and we got from our great ancestors.
Tm Kulteleev of legal culture of
Kazakhs emerged over several centuries , writes the following: "The
traditional law of the Kazakhs , like other nations, there is a collection of
Radica , based on the force of law " [2 ], and academician gives
S.Z.Zimanov following reference : "The strength of traditional norms lies
in their implementation without external forces . As a consequence - in the
tradition of the forces of inertia effects are present , but other principles
about their presence is impossible. Tradition, rooted in the psychology of
members of society can be removed from consciousness only through extraordinary
efforts and the impact of external factors particularly strong interest [3].
Currently, the Republic of
Kazakhstan is a democratic independent state of law , having its own judicial
system , control their own judiciary , so all issues going on a particular
criminal case , and do things and processes are solved according to the
principles defined by the criminal procedure Code of the Republic of
Kazakhstan. Principles of justice within prescribed limits impose obligations
and responsibilities to the officials carrying out the trial and ensuring that
the rights and freedoms of citizens. For example, a Complies with Article 10 of
the CPC states: " The court, prosecutor , investigator, body of inquiry
and the inquirer when criminal proceedings are required to strictly follow the
requirements of the Constitution of the Republic of Kazakhstan , the present
Code and other regulatory legal acts referred to in Article 1 of this Code
" [ 4].
According to the principles of the
Code of all officials involved in criminal proceedings requires the presence of
high qualification , the rule of law , as well as reminded that, in the case of
violations of the law , they will be attracted to ostvetstvennosti established
by this legislation. At the same time , demands on the availability of highly
qualified allow participants to keep the high moral principles of justice ,
directing them to the development of professional culture. Professional culture
of the proceedings can be developed based on the language features of speech .
In this connection it should be noted that the majority of our citizens have a
low level of legal consciousness and did not sufficiently understand the
requirements of legislation that causes disagreement with the actions of
officials of the criminal proceedings , and with their fair solutions.
Principles of justice , as defined above , provide a basis for the
implementation of fair conduct of the case , based on the requirements provided
in the Code, which is mandatory respected officials at all levels. These
principles and requirements fully provide legal protection of the rights and
freedoms of citizens . These principles are fully embrace the rights and
freedoms , responsibilities and actions of bodies and persons involved in
criminal prosecution and maintenance charges in court, as well as persons with
protecting the criminal proceedings or they represent their rights and
interests : Attorney ( state prosecutor ) , the investigator , the body of
inquiry , the investigator , the suspect, accused , their legal representatives
, defender , civil defendant , his legal representative and the representative,
the victim , a private prosecution , civil plaintiffs , their legal
representatives and representatives . And in the process requirements of the
victim, whose rights were violated , and that , relying on the court , demands
justice , moral and material compensation , and in the protection of their
rights by the defendant always used legal norms . Therefore, these standards
mandatory accounted for as at the pre- trial bodies ( investigator, prosecutor
and investigative bodies ) and during judicial decisions and judgments . If a
litigant , whether the defendant or the victim or any other person having any
relation to the process of properly understand the rules of law , they are
respectful of the law and its requirements without interfering with exercise
trial. The law provides explanatory work for participants in the criminal
process. In conclusion, our research would like to dwell on the notion that the
purpose of a fair sentencing under legislation aimed at preserving the security
of the citizens is not a punishment in itself - and this applies not only to
criminal cases , but all court cases in general - and educational measures
implemented in the legal order. And it needs to be clarified for citizens at
the state level .
Literature :
[1 ] M.Narikbaev . From our great
orientation to the Supreme Court . Atamura 2001 .
[2] TM Kulteleev Criminal customary
law Kazakhs. Almaty , 1995 .
[3] SZ Zimanov Laws ancestors
Kazakhs and their genesis . Almaty, 2001 .
[4] Code of the Republic of
Kazakhstan № 206 of 13.12.1997 .