Ïðàâî/1. Èñòîðèÿ ãîñóäàðñòâà è ïðàâà
Saktaganova I.S.,
Associate Professor, Department of Theory and History
of State and Law, constitutional law, Candidate of Law
Eurasian National University of L.N. Gumilyov, Astana, Kazakhstan
Ayabekova
M.,
The 3rd year
student of the specialty jurisprudence of the Eurasian national university
Named after L.N. Gumilev, Astana, Kazakhstan
Saktaganova
A. B.,
The 2nd year
student of the specialty psychology of the Eurasian
national university
Named after L.N. Gumilev,
Astana, Kazakhstan
The future and development trends of the legal culture in the Republic
of Kazakhstan
Legal
consciousness, legal culture and legal education should be the basic principle
of every citizen in the formation, growth and development. Legal consciousness
is a set of feelings and views of human to applied and accepted legal norms,
capabilities to evaluate them respectively[1,10]. The main component of the
state policy is increasing the level of legal culture of human. Every citizen
of the Republic of Kazakhstan is appreciated the formation of justice,
absorbing a legal value. The most precious treasure for society is a human,
human freedom and human life. The youth of today should be able to appreciate
this precious treasure. Therefore, the formation of political culture is the
main goal of education.
The
Head of State Nursultan Nazarbayev paying attention to the importance of
creating a legal culture in the society, said: "Legal Culture in a
civilized society is a necessary part of the general culture of each person,
professional requirement for each official. It will be impossible to reform our
economy, strengthen democratic permanent criterion not to establishing
respective legal order” [2,3]. In general, the low of legal consciousness and
legal culture in the modern world leads to negative events in the community.
Its basis is the lack of legal education.
The
order is the source, the foundation of all awards. In this basis at the
University of our Head of State Nursultan Nazarbayev in an interactive lecture
entitled "Kazakhstan on the way to the knowledge society" raised the
question that we need to do to implement the said ideas. In our opinion, it is
necessary to develop a legal education in the family, kindergartens, secondary
and higher education institutions in accordance with the modern life. However,
we would make a step towards the preservation of peace, if the measures and
decisions of human rights bodies, the court in society would be honest and
fair. Even if you pay attention to the philosophy of the ancient East,
Confucius in his study "self-knowledge" said: "The state must be
governed by the laws based on justice that is morality is the basis of the
first consciousness." He believed that it is the only way to end the
unrest in society. The representative of the school of the Legalists Shan Yang
answered on this view: "The management based on humanism lead to numerous
crimes. The Governor shall punish more than praise, that there were no riots.
Whatever the punishment will be, it must create an atmosphere of fear and
distrust of population. Administration of the State and its development is not
developed on the basis of wishful thinking, but by development of lands,
strengthening the army. Also it is implemented by fooling the people "[3,
49]. In our opinion, legal consciousness and legal culture of citizens will
reach a higher level, if every law enforcement body would speak to each citizen
on the preservation of the order, its prevention, perhaps, we will enter into
the number of first disciplinary countries.
In the
strategy "Kazakhstan-2050" of the President of the Republic of
Kazakhstan and the leader of the nation Nursultan Nazarbayev said: "We do
not have to come to a compromise by the most minor offenses, hooliganism, not
disciplinary, because it violates the peace of society, degrades the quality of
life. To feel disorder and licentiousness opens way to other crimes. The
atmosphere of intolerance to small offences is an important step in the fight
against crime, in strengthening public order. We must overcome the legal
nihilism and involve society to preserve the legal order "[4,5]. The
protection of dignity, which is the task of the state clarified in the human
law. In accordance with Article 1 of the Constitution of the Republic of
Kazakhstan"
The
Republic of Kazakhstan proclaims itself a democratic, secular, legal and social
state whose highest values are an individual, his life, rights and freedoms
"[5, 4]. Currently, if the state at the time of the adoption of a citizen
to work gives special attention to resume, perhaps there would be no crime in
the service. Everyone knows that recently, that is, in 2014 killed 15-year-old
young girl. She didn’t die independently, and was the victim of the "Taxi
Driver." The most important thing is that the driver worked in the center
of "calling taxi." In this regard, the Head of State in the Message
says, "We should consider destructive social behavior with employment. We
have to act disorderly conduct in public places and private letters, and that
will be reflected in the summary of recruitment services to supplement the
application of punishment are taken into account during the growing stage. All
these things should be the norms of the public life" [4, 6]. So in the
message, the president warned the people and all the citizens in the state and
public services. This shows that our country has a low legal consciousness. It
is known that the main task of the prosecution bodies nowadays is supervision
of compliance with the requirements of the law, prevention of tampering the
law.
The
prosecutors of our country strengthened works of supervision on the development
of legality and legal order, especially the prosecutor of Kyzylorda. There was
the meeting recently by participation of the President Nursultan Nazarbayev
with the heads of law enforcement agencies. We can say that the main purposes
of the council are carrying out intensive fight against crimes in society, to
stop the corruption, to establish justice and learn foreign experience. In this
first meeting the General Prosecutor Askhat Daulybayev told openly about
achievements and lack of points in the sphere of the law enforcement.
Generally, to avoid these limitations the Head of our country said about these
problems in his message to the people of Kazakhstan. According to this, a
leading worker, docent of the Institute of Law of the Republic of Kazahstan
Ibragimov Zhamalladin said in his speech: “At the conference the President said
that law enforces should be a compassionate of the nation, not the “recipient
of life”. Secondly, specialists of the sphere should know to learn new things
and forget old things. However, the police in the fight against crimes are
always on the first place. It is known that they sacrifice their lives when human
life is in threat. According to the President, the activity of law enforcement
bodies need reformation, because there is a heavy approach since the Soviet
Union. We should be able to take examples from practices of the developed
countries and use them. “The great offence is started from the minor crime.
However, everyone knows insufficient sides of the issue. Also, it is
ineffective to arrest every criminal and take them into prison.
The
time has come to work out effective methods of this. I think that we need to continue developing legislation. The
judicial process in Britain is very expensive and takes a long time, so they
always try to reach compromise. These
issues are examined in the civil procedures. In accordance to statistics of the
Republic of Kazakhstan, there were considered 509318 cases in 2007- 2008,
533735 cases in 2009-2010, 583185 issues in 2011-2012. Only one third of them
were solved. In the evidence to this issue above, there have worked the law “On
Mediation” since august, 2011. According to statistics of 2012, there were
received 653000 statements, claims, requests to the court. In comparative this
method with foreign countries that is
disputes were solved for 90 % in the USA, 87% in the Great Britain, 40% in
Slovenia, 30% in China. As well as, looking at the data of the USA on resolving
disputes: “There is the alternative method calling “the private court system”
in the USA, the disputes there are decided by the help of judge who retired
from the service. Any level of culture started from minor things. Let’s stop on
the levels of culture in our county. In conclusion, without the order in
society there will not be the permanent development of the state. So, we think
that on making such important jobs systematically, members of law enforcement
agencies will be hoped by people”. Sure, there is a huge contribution of law
enforcement bodies on establishing legal consciousness. If the citizens who
work in this sphere regularly published agitation and propaganda about
prevention of the offences and crimes, there would be effective influence to
the psychology of a child and wouldn’t be crimes. We can’t separate criminals
according to ages.
The
increasing of crimes, committed by youth and adults everyday shows not perfect,
vice versa the bad sides of the future. There is no doubt that fighting against
crime is staying as the broken policy of the state anyway. Considering
effective sides fighting against crime, particularly fighting against minors,
it is necessary to prevent, warn them. The President of the Republic of
Kazakhstan Nursultan Nazarbayev said that it is important to pay attention not
only law enforcement bodies should accept measures on preventing and developing
crimes by minors, generally crimes, also parents of every child must participate
on decreasing measures of crime. Law enforcement agencies and parents should
accept educated measures to stop crimes among minors. Also on prevention of
these crimes decision of the judge plays an important role. All of these raised
issues increase the role of youth’s consciousness and culture in society on
forming the legal consciousness. On the speech of the head of the state N.A.
Nazarbayev in the VI Congress called “The objectives of the national court
system on the field of “Kazakhstan-2050” strategy”: “The important size of
national development in XXI century is perfect and effective national court
system. Independent and fair court is the basis of the legal country. In
reality, we know that assistance of lawyers for some citizens is experience and
problematic on material way, losing the case in the court by the same person,
who couldn’t use own abilities well, wouldn’t be more expensive”? Today, there
are enough lawyers with a deep, rich knowledge who represent in the court. But,
incidentally “barnyard grass had water thanks to rice”, there are people who
want to take a share thanks to clever lawyers with whom they work together.
According to this, on the speech of the head of the state N.A. Nazarbayev in
the VI Congress called “The objectives of the national court system on the
field of “Kazakhstan-2050” strategy”: “The Kazakh have a word “it is easy to
say the authority, but difficult to say knowing.” To judge fairly is a sacred
duty of every judge. It isn’t enough to know the law very well. The most
important thing is that the judge should be honest and fair. The judge is the
honor of people. If he is very honest, argued sides will not doubt the validity
of the arbitration. Accused will understand that there is the punishment to
people, who violate the law”. Also, we are the nation who take aim to create
perfect state and believe to be eternal country.
The
implementation of justice fair, fast and quite is reflect of perfection of any
country. Development of the court system will not be stopped; it should be
always continuously improved. We will continue activities in this direction.
Well, the judges, we expect the high professional education, fair and honest
and believe in you. Our Constitution is started like this: “The precious
treasures of our state are human and human’s life”. So, protection of this
precious treasure is the important issue in front of every citizen and society.
Briefly, the main duty of parents in every family is to educate youth who will
develop our country in future and will be honest, humane. And the duty before
the state is to set legal consciousness and culture to all people’s heart,
mind, even to older generation and the middle class. In this regard, I remember
the word of great man al-Farabi “In the first human more need to take spiritual
education before knowledge, because knowledge without education is a terrible
enemy of humanity, it will destroy all his life in the future”…Sure, saying
“What you see in a nest you will take it in flying”, there will decrease the number
of offences in society, if parents explain their children the meanings of
culture and legal consciousness from birth. Therefore, we shouldn’t forget that
the future and development trends of legal culture of present generation are on
hands of parents and the state. In our opinion, the society, which people
respect the law and believe in the court is the most advanced society. Our goal
is to create the society like this one. Let’s create such society together!
The list of using literatures:
1. Agibaiev A. The
legal literacy- prerequisite of establishment the legal state// “Justice”
scientific and legal magazine. - Almaty, 2013 ¹3.-p.30
2. Berzhanova Zh. Z.
The formation of legal culture of students on basis of out- of- class
educational works. – Kyzylorda. -2012. – p. 25.
3. Myrzaly S.
Philosophy. - Almaty: “Bastau”, 2010. – p.644
4. Nazarbayev N. A. The message for people of Kazakhstan
called“Kazakhstan-2050” new political direction of the state with forming
strategy”. Astana, Akorda. – December 14, 2012. http://www.inform.kz
5. The Constitution of
the Republic of Kazakhstan.- Almaty.-2012.- p.40