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On the eve of the 25th anniversary of the Constitution of the Republic of Kazakhstan, in the year of the 185th anniversary of the birth of Sh. Ualikhanov, the Library of the First President of Kazakhstan - Elbassy features a virtual exhibition of "one exhibit". The exhibit is not an item from the museum collection, but a document that is a valuable archival source on the history of the customary law of the Kazakhs, written in the second half of the XIX century by the great Kazakh scientist Shokan Ualikhanov.
The continuity of traditions, the preservation of historical memory were the basis for the formation of the national idea, the state policy of the First President of the Republic of Kazakhstan - Elbasy N.A.Nazarbayev from the first years of his activity as the highest official of the country. The historical and cultural heritage of the people became that necessary and weighty support in the process of searching for national identity, the creative force of which made it possible to preserve peace in a multinational and poly-confessional society, to determine the country’s own path of development.
Continuity of traditions, preservation of historical memory were the basis for the formation of the national idea and state policy of the First President of the Republic of Kazakhstan - Elbassy N. Nazarbayev from the first years of his activity as the highest official of the country. The historical and cultural heritage of the people has become necessary and strong support in the search for national identity, the creative power of which has allowed us to preserve peace in a multi-ethnic and multi-confessional society, and to determine our own path of development.
The Constitution of the Republic of Kazakhstan confirmed the true independence of the country. It was adopted at a popular referendum on August 30, 1995, after 33 thousand collective discussions of the project, during the work on which, on behalf of the First President of the Republic of Kazakhstan N. Nazarbayev the world experience of constitutional law was carefully studied. Addressing the people on this issue, N. Nazarbayev said: "The main message I would like to convey today to all Kazakhstanis is the fact that the new Constitution is able to open an opportunity for stable and consistent development of the country in an environment of interethnic harmony and civil peace, consistent implementation of political and economic reforms."
The adopted Constitution has been protecting the rights of all citizens of the Republic of Kazakhstan for a quarter of a century. It is up to date and, at the same time, contains the basic values that were established in the customary law of traditional Kazakh society.
- Throughout the world today, politicians and historians, journalists, and researchers are asking themselves: How, by avoiding turmoil and sharp inter-ethnic conflicts in multi-ethnic Kazakhstan, has it been possible to carry out successful reforms and lay the foundations for a national ideology? The answer lies in our Constitution, developed under the direct participation of the President and supported by the people. Today we can say with confidence that Nursultan Nazarbayev managed to protect the interests of our citizens and protect the sovereignty of the state. This is a person who, along with professional qualities, has high human qualities. Therefore, the citizens of Kazakhstan respect him, love him, his voice carries a lot of weight among world leaders", - emphasizes Director of the Library of Elbassy Amerkhan Rakhimzhanov.
On the eve of the Day of the Constitution of the Republic of Kazakhstan, a virtual exhibition immerses spectators in the broad historical context of the Kazakh traditional society, the most important institution of which was the court of biys. It played a decisive role in the formation of the legal culture of the Kazakh people, combining profound ideas, legal and ethical categories.
Domestic historians and lawyers give a high assessment of the activities of biys. In particular, academician S. Zimanov, who devoted a number of his works to the history of law, believed that "the Kazakh biy court is a unique judicial system worthy of taking a special place in the world of historically significant legal systems."
It is no accident that along with the names of great khans and valiant batyrs, the names of such outstanding biys as Tole bi, Kazybek bi and Aitike bi and others, whose activities influenced the state policy of the Kazakh khanate, and the fate of every citizen, are still alive in people's memory. For centuries, the biy court has been a full-fledged judicial system that responds to all the needs of the people to defend justice. In the XIX century, the process of transformation and gradual abolition of the institution of the court of biys began.
In 1854, the tsarist government carried out judicial reform, fundamentally changing the centuries-old experience of traditional judicial proceedings, effectively depriving the people of the right to an honest, impartial trial, introducing bureaucracy and bribery. Shokan Ualikhanov was very concerned about this, who understood the full possible scale of the consequences of the judicial reform. He undertook a detailed study of the problem, studied current statistics and wrote a "Note on judicial reform", in which he expressed his socio-political views. Here is a brief quote from his work: "The main advantage of the biy court, in our opinion, is the absence of formalities and any official routine. The significance of biy is based on authority, and this title is like a patent on the judicial practice...".
Shokan Ualikhanov felt an urgent need to protect the interests of the people. As he watched traditional social networks and regulatory mechanisms being rapidly destroyed, he sought practical solutions to problems.
He saw one of these ways in preserving the institution of the biys court. The "Note on judicial reform" is interesting both from a scientific and artistic point of view. To understand how advanced the scientist's views were, you need to read the entire work. However, some idea of the author can be formed from one short quote: "in our time, regulation and formalism should be viewed as an anachronism...".
The legal system of the Republic of Kazakhstan has gone from traditional forms of customary law to the program documents of the government "Alash", then from a number of constitutions of the Soviet Union to the current Constitution of a sovereign state. A kind of refrain on all periods of constitutional construction is the thesis of the author of "Notes on judicial reform": " In order to carry out any transformation and then to preserve it, it is necessary that the reform correspond to material needs and be adapted to the national character of the society for whose benefit it has been undertaken." The Constitution of the Republic of Kazakhstan is a true heritage of the era of formation and consolidation of the foundations of independent Kazakhstan - an equal, active participant in the world community of states.
The materials of the exhibition can be found on the website: https://presidentlibrary.kz/ru in the section "Virtual Exhibitions"
The exhibition materials can be found on the website:
https://presidentlibrary.kz/ru in the section «Virtual exhibitions»