Право/1.История государства и права

Students Saktaganova Alina Daniyarovna, Saktaganova Akmaral Bakytovna

Eurasian National University of L. Gumilyov

“Zheti zhargy” as the ancient law of the traditional Kazakh society

“Zheti zhargy” is ancient laws and regulations of customs, which have come down till our time by a strong memory of our ancestors, also its a bright indicator of culture and legal, public life of the Eurasian nomads. In a world civilization “Zhety zhargy” entered the history as the "Golden Age of a fair trial," of the Kazakh people, and was remembered by its fair, clean, true, humane legal position. This code is not limited to the concept that it belongs only to the Kazakhs and it is not included in the territory of any nation, this code is the "free right of nomads", which was held cultural sorting and have uniting character a legal norms of nomadic Turkish-speaking people.

This is confirmed by the book "The social system of the Mongols" (L. 1934) by the Academician B. Ya Vladimirtsev which says that the concept “Zhargy” is a common public legal institution belonging to Turkic- Mongols people and this is explained by a fundamental, linguistic affinity.

The Constitution of the Kazakh steppe "Zheti Zhargy" is wordless base on the rules that we use our modern day. There are several confirmations. For example, our ancestors strictly adhere to the principle: "The prohibition of 40 houses to a damsel" [1,157-158]. The articles covered such a case, "- The rape of women recognized an identical crime murder" (similar to the rules present day). For such crime must pay damages to the parents or husband woman .If a man who raped a woman agreed to give the bride money and take her as his wife, he is exempted from punishment. -If a man sees his wife in treason he has the right to kill her. If interfere 4 men and prove that she is not capable of this, the woman found not guilty and released from punishment [2,167]. This shows the purity, humanity, justice of the Kazakh nomads.

The root of the legal norms of the Kazakh people "Zhety zhargy" lies deep. This code of laws was gathered more than a century, for several centuries. Laws of customs of the Kazakhs appeared long ago before perfection of state and nation, and eventually joined the customs of the people, and turned into laws of everyday life. For study the history, nature of a nation, we must know their laws of customs, it is important to develop their laws accordingly to this period.

Qualities such as respect for elders, good manners, courtesy, civility, humanity in the customs of the Kazakh nomads were also manifested in the monument of steppe nomads the Ancient Law "Zheti zhargy." In the articles of "Zhargy" contain the following norms: "The son, who had insulted parents, was put on neck the bloated felt mat, planted his back on a ruminant animal, was beaten by the whip, went along aul and was shamed. The daughter for the crime was tied her hands with her feet and was given to the punishment of mother." [3.168]. It shows relationship, feelings for parents of Kazakh people for that time. In our time, we continue to respect our parents and put them in the first place.

The legal monument of steppe is the Constitution of steppe, which at that time was in a prominent position in the regulation of internal and foreign policy of the Kazakh people. Currently "Zheti zhargy" is the beginning of the state law that regulates and controls the society, international politics.

The next allocated evidence is the second charter of "Zheti zhargy":  "to require estate for the blood that is, if someone's man killed, he would be compensated (Price for a man- thousand sheep, five hundred sheep for)" [2,167].

If bring the exact evidence relating to offset the damage, it can be noted the killing of Baikara, younger brother of the judge Baba by the guard of Tevkelev in a collision with the Kazakhs. In this regard, there was a major conflict, "March 9 day (1732-ZH.A.)

The opposing party foremen Baba and Dzhantuma in nomadic, Abul Khair Khan, moved from crowded and steel waggons of Tevkelev nearby. Then the interpreter to Tevkelev, sent two people Bothrops atrox, which requested that he Tevkelev, gave them the Bashkirs, if it finds that shot his brother Baba Bey called Baikara. And if you will not give up, they especially from lutche gained from it, catching Covo, stamped. Or  Tevkelev of this murdered Bayqara paid for them out of the ordinary law of the ancient years, the ordinary price, namely 100 horses, 1 armor, yasyr 1, 1 merlin, 1 good gun, 1 camel, Inasmuch law so read them. And if the plaintiff of payment not wishes to take, then given to the death of the murderer. And another sergeant, pokazuya his addiction gives him Tevkelevu of two so that the ability to inflict ... "[4.28]

We have proposed nowadays to use in our society an article about the payment of very valuable wealth that has existed since ancient times, left in the inheritance of our ancestors "Zheti zhargy", that is the principle which shows condescension, humanity of Kazakh people. Nowadays we offer to replace a prison sentence with the payment, which was transferred by our ancestors.

In the steppe nomadic Kazakhs right "Zheti zhargy" different by strictness and occupies a special place in the religious rules. Ancient Turkic speaking nations concerned strictly to religion and respected it. Its proof can be seen in the articles of the Ancient Law "Zheti zhargy": "If someone offends God and if it will be proved by 7 persons, then he will killed, by scattering the stones. The man who called reprobate, must forfeit property" [2,168].

Here we can see a sign of devotion, the method of sticking the religion of the Kazakh people, respect for him, that there is no forgiveness to betrayal of those who moved to another religion.

We take on the basis of scientific assumption that "Zheti zhargy" is not only a legal monument, but also a state institute and mechanisms of power. "Zheti zhargy" is still have not lost the significance for the independent Kazakhstan.

One of the tasks directly related to the requirements of the present day is the question of preventing the marriage to the seventh generation. In the norms of "Zheti zhargy" is written if youth get married to the seventh generation, the bride and groom will sentenced to the death penalty. Due to vigilance of our ancestors, in that day people pay special attention to the hereditary solidity. At the time, L. Morgan drew special attention to this and said: "Marriage between members of the family, who are not related, but have the same blood is the strongest race on the physical structure; advancing two tribes communicated with each other, so the skull and the brain of a new generation increases accordingly to qualities of the two tribes "[5.54].

Current genetic science and medicine proves that in the result of marriage between relatives are born weak, sick children with problems of the mind and physique.

The list of used literatures:

1. S.Z.Zimanov The ancient laws of the Kazakhs. X- tome, Almaty “Zheti zhargy” 2010, p.589

2. S.Z.Zimanov The ancient laws of the Kazakhs. IX-tome , Almaty “Zheti zhargy” 2009, p.563

3. S.Z.Zimanov The ancient laws of the Kazakhs. V-tome , Almaty “Zheti zhargy” 2005, p.539

4. 4. Zimanov S. Z. The ancient world of Kazakh rights  and its origins // ancient world of Kazakh rights. Almaty: Zheti Zhargy, 2001. p. 187

5. 5. S. Ozbekuly The law in the nomadic Kazakh civilization, Almaty «Mektep», 2002, p. 258