Maratov Zhanbolat Azatuly
second year master's student
al-Farabi Kazakh National University
Sartayev Spatay Altinbekuly
Candidate of Jurisprudence, associate professor
al-Farabi Kazakh National University
Features of legal education in modern Kazakh society
Any legal culture
and legal education will continue to be the subject of urgent and important.
The development of the state, society and the great personal contribution to
the development of legal education.
Kazakh country
celebrated 550 years of Kazakh Khanate in 2015 year. This is a historic
milestone in the modernization of the country’s national and spiritual values
of the event, had an impact. Each developed, cultural country
protects its history and is doing everything possible conditions to preserve
and pass on the history of the future generation. Because history is the
experience of the people gathered for centuries.
This period of
time, the development of legal and democratic idea of the state.
In this context, the development of the state of the national legal system
opens the way for the recognition of as one of the most important factors. The
most important thing in the country in the implementation of various reforms
taken traditional board and the knowing of right important.
In the history of
our state it occupies an important role in the legal understanding of the human
mind customary laws, as well as cultural and legal norms. The statutory rate of
people who are considering all sectors of life of the people are considered
legal action and education rights and rules.
Law society for
the science and practice of traditional legal culture and legal education and
the importance of the study of the history of the development of this
institution was directly related to a trial by jury.
Kazakh traditions
and knew the right, to save her, the jury was discussed. Judges exercise of
judicial power. Judges considering cases covering all spheres of society, in
particular, economic, civil and criminal cases, etc. considered.
In the history of
our country a lot of bi’s as Kazybek
bi, Aiteke bi, Bortak bi, Temir Kutlu bi, Mutban bi, Borshy bi, Konirat bi
Argaly Sanly, Maiky bi, Kaldar bi.
Kazakhs have a
proverb «the father of the bottom of the whole of the word is Maiky bi». Maiky
bi was seen with his skill and
eloquence. «Bi to bi, and house for him» not in vain.
Judges Institute
is a legal culture of the Kazakh people, to preserve the uniqueness of the
Kazakh state law can be considered as a contribution to the culture of the
world. Bi, folk wisdom and spiritual culture of the nation and is the keeper of
all the legal culture of the population [1, p. 148].
Great field
writer, philosopher Shoqan Ualikhanov in his work «on the reform of the
judicial record», writes «In recent years our government is working closely
with the creation of administrative and legal proceedings, also paid special
attention to the education of the population. This was due to some of our land
reform. Thus judicial reform. Re-establishment of a judicial proceeding, of
course, we can make changes in the administrative structure of the former in
the region and the Russian government, as well as the Kazakh people that have
complicated and bureaucratic burden instead of a confusing chaos of the modern
Russian city, the beginning of the implementation of the rural communities and
self-management initiative districts and is unlikely to be effective, efficient
administrations. Homeland bears to such important changes have been made to
some of my thoughts, judicial and administrative reform in public education
records as the head of the Kazakh people committed to providing the highest
privileges I know». [2, 248 p.].
After further
Shoqan Ualikhanov continues, «But the opinion of the people, especially the
knowledge, and culture, uncertain public opinion does not always come true
urgent desire of the people. The Company's senior, in the opinion of a
distinguished group of people to look at whether the presence of the mourner
chalk, because the aristocratic and wealthy people, the first high-ranking
often conflict with the interests of the majority of the congregation, in the
interests of the people of the community, is to the contrary. People vulgar
Idiots, including the direction of the mood of the review of thousands of
people as a result of unexpected events, the situation seems to be a little.
Imperfect uncertain minded person can not have a full sense of the nature of
the child. He was a boy with a sense of its external action can not be reunited.
However, the life of the internal and external situation that is characteristic
of the person and try to improve the quality of human growth stage of the era,
the era of the characteristic signature of the person it is being
öasïet tank per second. Humans are self-aware, self-concept is less
about the world around, the risk of blindness afloat only at expense determined
to improve that, but the truth is connected with the desire to count the damage
would be more likely to pose a problem. About this exemplary examples in the
history of abundance. Therefore, the issue of public people do not question the
need for more reform. Legislators and reforms in the public interest should be
no doubt about intends to do that. But the damage to the development of society,
what is different about the notion that in every age, still there is much more
probable hypothesis, and proves that no mistakes of unjustified intertwined
into a legend of the old unhealthy habits many people saw the truth of the
axiom can not be freed, expressed the hope that its beliefs into beliefs» [2,
249 p.].
As we have seen
the need to protect the interests of the Kazakh steppe people is entrusted to
the judges, and the need for legal education.
Academic
Salyk Zimanov, who studied the traditional habit for a long time, for his work
on legal education in one of the trials and wrote: «The change of generations
of Kazakhs their struggles over the centuries in the middle of a «to make an
order» is the idea of the keeper's commitment to the idea and it
is not sold in any court, and he was paid historically true look - «bi».The
absence of the great khan of the field of dance. However, the social status of
the individual managers seem high. Mouth of the population that remains of
these ancient beliefs in the minds of the people: «Khan has forty across pay,
bidets forty across further education» [3, 28, p.].
Here, the fair
play of biand sheshen people and have a direct impact on the promotion of the
level of legal awareness and legal culture. Judges themselves followers of
legal culture and legal education, its owner can not say more than that.
At the same time,
judges have served, at the same time be fair to his contributions to the
development of the development of the state.
Academician Salyk
Zimanov said the role of the regulatory and integrated in his work «the Kazakh
judicial system of a single jury», work was a key link in traditional
societies, the jury and the judges defense lawyer, [4, 45, p.].
Kazakhstan
academician Sultan Sartayev writes: «The bi is no law and no apply. It was
decided by the two sides of the issue. Person making the complaint about
permission of a controversial issue bi to trigger a left lash case. This is a
procedural order. Open procedure was always the center of attention of the
people of the Judges. Honor and conscience of the dance was the establishment
of order and discipline among the population and to a fair trial. «Bii kilan
bolsa, el ilan boladi»[5, 45, p.].
As you can
see, the Judges and the dedication to their work and determined to show a
strong increase in legal literacy in the traditional Kazakh society. Relying on
the honor and conscience of the Judges and the judges indicates the presence of
a high sense of justice, to ensure that the legal culture and legal education.
Kazakhstani
scientist, Professor Alua Ibrayeva wrote in her writings, «the jury as a body
that will rule the day, had a decisive influence on the minds of members of the
legal community and served many different agencies who are doing today. These
are the political activities of the congregation, and ore to the agreement, as
well as one of the national organization of the population; human rights or
legal services; moral and educational services; ideological; folk wisdom,
people's values, customs and traditions saving; representation; day-to-day
organizational activities; or compromise and conflict prevention activities
»[6, 166 p.].
Judges fluent
knew the law and custom. Legal reforms made by the judges, as it is known, by
law, legal assistance to the judges, the public education of the judges in the
legal proceedings. This applies to judges, «Tura bide tugan jok, tugan bide
iman jok» It should be mentioned that it is important to spread the word among
the people. This is the sense of honor and conscience of bi, humanity.
Judges held a
meeting with the judge’s character, is a model example of the actions of the
people, the dance of the legal education of the public through the
interpretation of the laws.
Dance to master
the art of public speaking and dance proves to be the owner of the high legal
culture. People's «Oner aldy kizil til», and «Soz suiekten otedi» saying it may
have. Judges influenced the art to speak to the legal consciousness of the
population.
Thus, the dance
has been providing legal education in the following forms: dance by law, the
laws put the interests of the population; dance rite, the guardian of the laws
and expert; natural in the art of public speaking and speaking of the dance,
there was a higher legal education in the country.
References:
1 Narikbaev M. S.
From Great bi to the Supreme Court. -: Atamura, 1999. - S. 145-151
2 Sh. Ualikhanov.
Collected works. T. I. - Alma-Ata, 1985 S. 248-250.
3 S. Zimanov. The
law and the right to Kazakh sources // Kazakh ata zan. Almaty: distance
Charter, 2001. EO 25-30.
4 S. Zimanov.
Kazakh court of trial by jury is a unique system. - Almaty, 2007. - 245 p.
5. S. Sartaev
Judges // Kazakhstan in the meaning of the rule of law. Almaty: distance
Charter, 2001. EO 25-30.
6 A. Ibrayeva.
Features of formation and development of the Kazakh right «Zhargy» and bi an important role in His truth providing// Ancient
World kazaxs: material, documents, researches tomax tithing. - Almaty, 2009. -
T. 10. S. 165-169.