Zhanna S. Mazhitova ¹, Bibihadisha Zh. Abzhapparova ², Roza T. Aytbay ³, Almagul B. Kushpaeva ⁴

Affiliations
1 M. V. Lomonosov Moscow State University, 119234, Moscow, RU
2 L. N. Gumilyov Eurasian National University, 010000, Astana, KZ
3 Kazakh State Women Pedagogical University, 050000, Almaty, KZ
4 Sh. Ualikhanov Kokshetau State University, 020000, Kokshetau, KZ

Abstract

Background/Objectives: The article presents the history of the court of biys in the Soviet period. Methods/Statistical Analysis: The authors note that after political and legal reforms of the Russian Empire in the 19th century, the court of biys was not subject to deep transformation. It continued to be a means of regulation of social relations in the Kazakh society. Also, various legal practices - adat, Sharia law, Russian law, gradual incorporation of local cultural and legal space into the Imperial. However, the state of the court of biys began to change with the Bolsheviks’ rise to power. Findings: In the beginning populist slogans of the Soviet regime about universal equality and equal rights of all the nations formerly being the part of the Russian Empire, weakness and lack of knowledge about government of nomadic peoples made the Bolsheviks to tolerate legal customary practices of local nations. In those years courts of biys continued to exist as Aqsaqal (arbitral) courts and councils. However, with the establishment of the power, the Bolsheviks headed for complete abolishment of all the traditional institutes of the Kazakh society. The government adopted several documents aimed at first at weakening and then at abolishment of legal customary culture of the nation. The measures of the Soviet government revealed persistence of the experience and knowledge in the national conscience. Applications/Improvements: Thus, during the first decade of Soviet period the government went from support of traditional Kazakh court over to gradual abolishment and interdiction of their activity in the territory of Kazakhstan.

Keywords

Aqsaqal Court, Major Overhaul, Reforming, Russian Empire, The Court of Biys.

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