The history and the role of the Supreme Court in Kazakhstan.

Judicial power is realized through civil, administrative and penal procedure. Bodies of judicial power are the Supreme Court and inferior courts. The particularity of Kazakh procedure is the absence of arbitration procedure. Economic disputes are resolved in civil procedure despite of subjects. Courts take the judicial acts in the form of decisions, sentences, determination and orders. Supreme Court is a high judicial body on civil, penal, economic and other cases jurisdictional to inferior courts, controls their activities and provides clarifications of judicial practice. History of the Supreme Court of the Republic of Kazakhstan Kazakh courts date back to ancient times when folklore and traditions and religious rules performed the function of the laws in the Kazakh steppe. On a vast area stretching from the Black Sea to the Altai mountains one after another rose and fell the ancient states of Sakhs, Gunns, Yusuns, Turks, Karluks which had their own laws the evidence of which can be found in a variety of sources on the State and the law. This has been convincingly proved by L. Gumilev, a wonderful scientist and a great connoisseur of Eurasian issues, in his scientific paper on ancient Turks. The consolidation of the state is associated with the name of Kasym khan, the son of Az Zhanibek khan. Under his rule the legal norms and traditions of that time were consolidated into a book called «The Truth of Kasym khan». A noticeable contribution to the development of the legal system of the Kazakh society was also made by Esim khan who considerably toughened the military laws and raised the level of responsibility of Kazakh warriors which was necessary for defence from the attacks of the aggressive Joungars. At the end of XVII Az Tauke, Tole bi, Kazbek bi, Aiteke bi created the «Zheti Zhargi», which became the code of laws and of court proceedings. However, as this code has reached us only in verbal form, the society did not regard it as official legislation. However, having been polished by many generations of users in line with the Kazakh traditions, those laws played an important role and did a lot of good to the Kazakh people. In 1918 – 1920 at the height of the civil war some areas of Kazakhstan were held by the White Guard who cancelled the revolutionary tribunals. In order to restore the tribunals, on 12 April 1919 the Kazakh military-revolutionary committee issued the Regulations of the revolutionary tribunals, and on 31 December 1922 a decree was signed on the formation of the Union of Soviet Socialist Republics. This brought about a drastic change in the structure of the court system. At the beginning of 1923 the All-Union Central Executive Committee issued the decrees on the establishment of the supreme courts in the republics. Pursuant to that decree, on 10 April 1923, the RSFSR Supreme Court issued decree No. 31, in which paragraph 8 provided as follows: «… it is decreed to establish the administration of Turkestan branch to supervise a staff of 57 persons of the Turkestan branch of the Supreme Court established pursuant to the resolution of the Presidium of the Supreme Court of 17 March of this year.» On 11 April of the same year the All-Union Central Executive Committee issued a resolution on the establishment of the Supreme court of the Kyrgyz (Kazakh) region of the RSFSR. Below you can read the full text of that resolution No. 0268 signed by M. Kalinin, the secretary of the All-Union Central Executive Committee, and by secretary T. Safronov (On the status of the Kyrgyz (Kazakh) branch of the RSFSR Supreme Court»:

Date: 2014-12-22; view: 1279