ZHAKHANSHA DOSMUKHAMEDOV WAS THE FOUNDER OF CIVIL LAW IN THE KAZAKH REGION

Abstract

The emergence and development of civil law as an independent branch of law was associated
with the development of commodity-money relations and first developed in ancient Rome. Roman
law was formed on the basis of customary law as well as the judicial practice of masters who resolved
property disputes. Therefore, it was in Roman law that the main provisions of modern civil law were
first formed. A powerful impetus to the development of civilistic thought was the rapid development of
commodity-money relations in the Russian Empire. The high level of development of civil law science in
pre-revolutionary Russia influenced the formation of civil law in the Kazakh region. A prominent social
and political figure, professional lawyer, one of the leaders of «Alash», the head of the Western branch of
«Alash-Orda», Zhakhansha Dosmukhamedov was at the forefront of the development of civil law thought
in the territory of modern Kazakhstan. His political and legal views were formed under the influence of
progressive ideas of representatives of the Kazakh intelligentsia, Russian socio-political thought of the
19th – early 20th centuries, Western thinkers and lawyers. In this article, the author first examined the
role of Zhakhanshi Dosmukhamedov as a civilist in the formation and development of civil law in the
Kazakh region. Also the autorth identified main stages of him political and legal views.
Key words: state, legislation, civil law, civil law relations, contract law, politics, law, autonomy,
republic, rule of law.