CONTINUITY OF TRADITIONAL METHODS OF DISPUTE RESOLUTION WITH THE MODERN INSTITUTION OF MEDIATION IN KAZAKHSTAN ANNOTATION

Authors

DOI:

https://doi.org/10.26577/JAPJ202410911

Abstract

In Kazakh history, there was a tradition of resolving various conflicts in society with the help of the court of biys and the council of elders. These institutions were closest to the people. Since their activities were based on the ideas of justice and humanity, and its ultimate goal was to reconcile the disputing parties and bring them to peace. Each biy and elder considered it his sacred duty to show complete objectivity towards the disputing parties when resolving the case. “Dau muraty – bitim” (The purpose of dispute resolution is reconciliation) was one of the basic principles underlying the court of biys of nomadic Kazakh society. This, in turn, is one of the main tasks of mediation in modern Kazakhstan. The article attempts to determine the historical continuity of modern mediation and traditional institutions with peacekeeping and conciliation activities. In order to determine the activities of the court of biys aimed at peacemaking and reconciliation, an analysis of the works of scientists and a review of historical archival materials were carried out. The features of the activities of the council of elders, which is one of the oldest institutions in traditional Kazakh society, are also determined. The main directions of revival and modernization of traditional institutions at the present stage of development of the Republic of Kazakhstan have been identified.

Keywords: Сourt of biys, council of biys, council of elders, dispute, mediation, peacemaking, reconciliation, value.

Author Biographies

M.Zh. Kalshabaeva, Turan University, Kazakhstan, Almaty сity

Master of jurisprudence science, doctoral student of Turan University

S.A. Sartayev, Al-Farabi Kazakh National University, Kazakhstan, Almaty city

(corresponding author) - Candidate of jurisprudence science, dean of the Faculty of pre-university education of Al-Farabi Kazakh National University

S.J. Suleimenova, Al-Farabi Kazakh National University, Kazakhstan, Almaty city

Doctor of Law, Professor, Head of the Department of Civil Law, Civil Procedure and Labor Law of Al-Farabi Kazakh National University

S.K. Zhetpisov, Toraigyrov University, Kazakhstan, Pavlodar сity

Doctor of jurisprudence science, head of the Department of "jurisprudence" of Toraigyrov University

D.A. Tursynkulova, Al-Farabi Kazakh National University, Kazakhstan, Almaty city

Candidate of Law, Senior Lecturer, Deputy Head of the Department of Theory and History of State and Law, Constitutional and Administrative Law for Scientific and innovative work on International Relations of Al-Farabi Kazakh National University

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Published

2024-04-01

Issue

Vol. 109 No. 1 (2024): Journal of Actual Problems of jurispredence

Section

THEORY AND HISTORY OF STATE AND LAW