CC BY
36
Section 2. Science of law
evelt’s “New Directions" which dedicated to the U. S. crisis conclusion, covers all areas of life, from production to the ideology of the economy and society, and it is a first condition and activity for us, which is a key to success.
The role of president of Kazakhstan is invaluable in the rapidly developing state. And every citizen of our homeland should be proud to belong to this country. While I was writing this article, I could not relate to the subjective topic. National Leader’s role and importance cannot be overemphasized; it can be a long list before the merits of the President of Kazakhstan society and the international community. Starting my own way in the state agency, I encourage all young employees learn from the older generation. Save researching and working capital, also increase it for future generations. There is nothing more useful than personal experience, transferred for the
benefit of the state. I urge all to help each other and us, the younger generation to learn the intricacies of government, the public service. Today, we have all that other states envied us and something equal to us due to the efforts of National Leader. Each of us has an equal opportunity to make a positive contribution to the development of our society — a society, where our children and grandchildren will live. I encourage you as a lawyer, serving the state to educate the younger generation of civil justice.
The Leader of the Nation said: “Our young people should live and behave themselves in order to treasure our customs and traditions, they should delight and inspire with their talent all around freely navigate the starry sky advanced thought of mankind”. Nursultan Nazarbayev leads our nation to a bright future. Let this path will be bright and happy!
References:
1. Veryaskin V. P. Life and values as fundamental concepts of philosophical anthropology.//Life as a value. - M.: Institute of Philosophy, 2000. - P. 31.
2. Abdirayymova G. S. Value orientations of modern youth (sociological analysis): monograph. - Almaty: BAUR, 2005. - 302 p.
3. Power as the value and power of values: the metamorphosis of freedom. - Almaty: Institute of Philosophy and Political Science, 2007. - 470 p.
4. The human and national values in a changing society. - Almaty: Akyl kitaby, 1997. - 220 p.
5. Nazarbayev N. A. Social modernization of Kazakhstan: Twenty Steps to the Universal Society of Labor. 10.07.2012. Kazakhstan truth.
6. Nazarbayev N. A. Strategy “Kazakhstan - 2050”: a new policy established state (Astana, December 14, 2012).
Tursynkulova Dinara Ahanovna, Candidate of Jurisprudence, Associate Professor of Department of the Theory and History of State and Law, Constitutional and Administrative Law, Law Faculty, Al-Farabi Kazakh National University E-mail: adilek03@mail.ru
Some problems of research of institute of mutual aid in system of the right of the Kazakh customs
Abstract: In this article some questions on problems of research of institute of mutual aid in system of the right for the Kazakh customs are considered. One of traditions of nomadic Kazakh society is Institute of the Brotherhood. System of a brotherhood and mutual aid - reflection of difficult structure of area because of requirement of society. During development of the Kazakh society brotherly brothers from mutual system of the help - revolutionary development in the past also knew institutional structure which will bring some objects round. It is known some forms of mutual aid in Traditional Kazakh society. For example, among them: the esker, the public, milk, warm hospitality, lifts red, can be, etc. attributed.
Keywords: mutual aid, right, brotherhood, traditional Kazakh society.
Traditional Kazakh nomadic way oflife based on the society gave birth to a system of social structures and
company’s capabilities to meet the requirements of the norms. One of the traditions of the nomadic Kazakh so-
128
Some problems of research of institute of mutual aid in system of the right of the Kazakh customs
ciety is Brotherhood Institute. The right of the Kazakh ritual called the Institute of mutual assistance in the popular literature of the Institute. Brotherhood and mutual assistance system is a reflection of the complex structure of the field due to the need of the society.
Based on the field is always the risk of the development of society and was directly dependent on the environment. Longer than visiting a variety of actions to be politically incorrect nature of the society was not sufficiently developed to resist. The public nature of the various poor, drought, etc. is not a system of rules governing the social relations to delete. And above Brotherhood friendly system is regulating these relations.
During the development of the Kazakh society fraternal brothers from the mutual aid system is a revolutionary development in the past and knew the institutional structure that will bring to life several objects. It is known several forms of mutual assistance in the Traditional Kazakh society. For example, among them: asar, the public, milk, warm hospitality, raise the red, etc. can be attributed to.
During the Soviet period, the fraternal relations Old Brotherhood, feudalism was assessed as lust and they studied at the level of the class methodology. Kazakh customs of this phenomenon is inherent in the study of the law. Well-known scientist Z. Kenzhaliyev describe it like this: “As a rule, a large number of customary law, the universality and courtesy, “humanity” are assessed, on the other hand is defined as the inverse of its instability, inconsistency (particularism) has to say. In fact, this habit - tradition the real strength of the rule of law, and the unit could fall even. They increased flexible, sensitive and volatile through the strength of the relations governing them reach their goals, to ensure compliance with the stability of the position. Edit ritual particular norms do not distinguish between the value of their appearance, the standards would not be able to see it from the point of view of the laws of the state, on their way to study them and as a result of the use of the image of the ritual law was a reflection of distortion” [1, 63]. The cases referred to in this experience of brotherhood and mutual help system. Brothers — friendly system has played a big role in Kazakh society. Because the relationship between this view through reconciled, rural health, and the brothers were provided. Kazakh societies for centuries were friendly and peaceful, which led to the establishment of the rule of the unity of the atmosphere, the only system with a relative or a Brotherhood Help Institute.
What is the role of relatives (brotherhood) relations on the Kazakh customs right? To determine
this issue, we need to determine the theoretical values with the following conditions. Relatives (brotherhood) ratio is generally not whether the law on the right to institute a wide range? We need to open this issue. This must be stopped before a brief description of the concept of the Institute of common law. Law Institute is: “The institute of the right is the isolated group of the legal norms governing the public relations of a concrete look. As an example it is possible to call institute of the property right in civil law, institute of responsibility of officials in administrative law, the institute of an electoral right and norm regulating the status of the deputy, in constitutional law Institutions can be sectorial and cross-sectorial (complex)” [2, 325]. And in one of the local papers, analyzes Law Institute said: “Life is not a norm. Or some similar ratio relations will have to integrate the proper implementation of several legal norms. For example: civil relations, criminal rights, etc. consolidation of such regulations and legal institutions”, — called [3, 127]. Domestic well-known scientists P. Kopabaev and S. Ozbekovich by legal institutions understand the following brief: “Legal Institutions regulates social relations determined by a special uniform, a uniform set of rules” [4, 137]. Comment dictionaries, provided the following summary: “The Institute of Law (Legal Institute) — a certain kind of public relations (or pack) in accordance with the laws governing the set of” [5, 168]. Of course, given the right to institute the principles can be applied directly to the Kazakh customary law system, is it not? We need to clarify this issue. In our opinion, it is necessary to consider the question of the application of the right to Kazakh customs system. At the current stage, to determine the structure of the right of the Kazakh Assessment and theory of law cannot be used directly. Relatives (brotherhood) are a system for the Kazakh law is one of the ways of regulating issues of special importance. These are the basic elements of: milk, livestock giving the public, heating, etc. need to recognize the individual as an institution. There is a sign that the relationship of the individual standards is a set of rules of the nature of the self.
Fraternity (brotherhood) plays an important role in the relations of another issue of the role and importance of the right to Kazakh system. The nature of the traditional Kazakh law, we can only open its property, the legal system and family (brotherhood) will be able to reveal the role and place of the relationship.
As for nowadays Kazakh right, S. Z. Zimanov’s these thoughts can fully reflect the specifics of the Kazakh law:
129
Section 2. Science of law
within the framework of the specific rights of Kazakh nomadic civilization was born, was the most valuable property of that era. In this context, it has historical significance and legal systems must be able to legally can take their place in the world.
Kazakh regular feature of its history and meaning of the right to certain institutional structure is not that. All nations such practices at the initial stage of its history since the beginning of the era of the rule is based on the legal regulation of salvation. However, such an unstable period of many nations, and the era of transition in a short period of time. They fight for the rule of law dynasty, nomadic and semi-nomadic unions formed in accordance with the transition for new areas, such as the medieval ideology. Kazakh who was the breath of freedom is the right of the field formed a vast area of prosperity and growth, based on the principles of a peaceful, stable natural nomadic civilization are remarkable. In this context, it is determined by the content of the developed world, and exceeded the scope of its [6, 35].
The value of the laws of the Kazakh parents only Kazakhs ethno-cultural boundaries can not be limited to explaining the role of self-regulatory. Where we have a wide range of Kazakh rights qisandiqtin bugawinda are made true. He worked at the same time a few: regulatory, management, consolidation, protection and moral. In the broadest sense of the law, the authorities and the public nature and source of morality and spiritual values. Due to the inherent properties of such rules created by the laws of the ancient Kazakh adwini strong right, was one of the nomadic nature of the Mongolian law, the law of the strong Russian influence persists head retains its image. Neighboring countries’ legal systems, even if it is the right Kazakh effect could lead to the destruction ofpower. The structure of the fundamental rights of Kazakh eliminate the effects of yesterday to a new era of modern society.
The main feature of the Kazakh law which is based on the collective number. Nomads’ material formed a human collective consciousness from a very early age. This situation was caused by the increase in the regulation of social efficiency of public relations. In addition, during the analysis of the nomadic Kazakh political relations should be given to the following issues: the nomadic lifestyle conditions are very severe, severe and related social well-being and not only the normal life of the climatic conditions, as well as hu-
manistic social institutions established by the Company virtually depends on the offer. If we feel this sense, the problem, Kazakh nomadic civilization the world has a special value to the right direction with a model of the recognition of the importance of ethnic distinctions variants and the practical implementation of the provisions of collective tribal democracy, mutual aid, tribal and spiritual responsibility initiatives of material factors, such as the rule of humanistic items had been demonstrated in other words, has the value rather than the substance of the steppemen properties [7, 70].
Kazakh human values are always high on the right. Kazakh was the size of the main core of the human rights values. This formation is known about the scope and scientist Z. Kenzhaliyev’s this idea is a very reasonable. Correspond to the concept of comfortable understanding of the true will of the nomads, and is a synonym. My right (right), will volunteer with the concepts ofhuman thought and activity, between the owner, master, he reflects. Human self-dance, limiting its efforts did not go inside, he is a man, in his mind, from the start to the internal nature of things here.
So will the law, there is a problem of the true concept of man, namely, human nature is comfortable, in his opinion, is the source of the word activity is considered within the framework of the questions about them.
Hence the law (true, will) be considered in connection with the concept of individual, his personal view and was regarded as one of the essential human qualities of the image. People outside the (separate) are not considered to be of force or phenomenon. Therefore, the rules of law in society, customs regulations with the right people (xaqimen, voluntary) are not in direct contact. They are the ancestors first time, the oldest ritual, the template library to understand that the covenant. In other words, the previous generation of generations deferred example, show the direction of counsel, which is no doubt aqiqattagi action model. Secondly, the need for binding customary norms, as the law of life column. That is, they are man-made derivatives, which were invented rather than the result of the work and life itself, in the history of discussion was dominated by his approach to the law of life [8, 47-48].
Lastly we can say, that mutual relations play an important role in the Kazakh customary law system as one of the structural systems.
References:
1. Kenzhaliyev Z. Zh. Nomadic Kazakh traditional legal culture in society: (theoretical, historical readings). -Almaty: Seven tired, 1997. - 192 p.
130
Politics, orientation and sights of Kassym-khan
2. Theory of State and Law: textbook for universities./Ed. by Prof. V. M. Korelskii and prof. V. D. Perevalova. 2nd ed., Edited and add. - M.: Publishing Standards, 2003. - 616 p.
3. Theory of State and Law. - Almaty: Publisher, 1998. - 256 p.
4. Ozbekovich S., Kopabaev P. Theory of State and Law: Textbook. - Almaty: Zhety zhargy, 2006. - 264 p.
5. The terms of the Kazakh language industry research Dictionary: Law./General Ed. A. K. Kusainov. - Almaty: Publisher CJSC school, 2002. - 336 p.
6. The auditorium of S. Kazakh laws and the laws of its bases.//Kazakh parents parents. - Almaty: Zhety zhargy, -1 T. - 2004. - 632 p.
7. Kenzhaliyev Z. Zh. Nomadic Kazakh traditional legal culture in society: (theoretical issues, the lessons of history). - Almaty: Zhety zhargy, 1997. - 192 p.
Turysbek Zhanar, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law, Scientific adviser Mynbatyrova Nuraylym Kambatyrovna, candidate of juridical science, associate professor of department of theory and history of the state and law, constitutional and administrative law, Al-Farabi Kazakh National University E-mail: sergei--95-777@mail.ru
Politics, orientation and sights of Kassym-khan
Abstract: In the article it is described the Kazakh khanate during the period of reign of Kassym khan. It is spoken in detail the role of Kassym khan in the history of Kazakh khanate. Much attention is given to the policy of internal affairs which Kassym khan led and the policy in relation to the neighboring khanates. It draws our attention to the way how Kassym khan did expand the territory of the khanate. Author, also, gives valuable information on the word “kazakh”: the emergence and the utilization of this word, and about the collection of tribes and their transformation to “Kazakhs”. The article is concluded describing the bravery of the soldiers that were in the army of Kazakh governors.
Keywords: Kazakh khanate, politic, orientation, sights, administrative function, disagreement, nomadic territories.
Kassym-khan takes an outstanding place in the history of Kazakhstan. Having entered to khan throne in 1510 i. e. when yet has not passed also a half-century after formation of Kazakh khanate, having received in the inheritance shattered, different tribes of uluses, occupying the territory which has not had time to develop in the uniform government, he has left enormous and uniform in measures of that time after himself the territory — almost equal to modern Kazakhstan. To tell the truth, all this has taken place not during his ten years’ official stay in the head of the khanate (1510-1521), and began much earlier when Kassym khan yet did not carry khan title, but e actually was the second khan, alongside with Burunduk khan, i. e. in result more than his 50-years state activity, including in a role of the sultan — commanderand the manager on the most part of the khanate.
With increasing growth of influence and administrative function of the Kassym-sultan, not being still khan,
the prestige of Burunduk-khan fell among people though his certain merit in expansion of borders and strengthening of the Kazakh state cannot be belittled. Not a disagreement with Kassym sultan though it is impossible to exclude it, and mainly as a result of an output from his obedience of the majority of ancestors and their transition to the side of the Kassym-sultan have compelled Burunduk-khan to leave authority in Kipchak steppe and to leave to Samarkand, to another chinghizids, with some of which had related — marriage connections.
Kassym-sultan was the third son of one of the founders of the Kazakh khanate Janybek-khan who in his turn was content with a supporting part in khanate after Kerei-khan. Kerei-khan was more senior than Janybek khan on genealogy, age and on thenumber of uluses. The principle of seniority in system of authority chinghizids remained firm. After death of Kerei-khan, the authority has passed to his son Burunduk khan who was consid-
131
