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Main directions of theory of state and law in the soviet and soviet Kazakhstan period
bourgeois hegemony, when it just represents a particular class. He underlined the crucial role of civil society as the contributor of the cultural and ideological capital required for the survival of the hegemony ofcapitalism. Rather than posing it as a problem, as in earlier Marxist conceptions, Gramsci viewed civil society as the site for problem-solving. Misunderstanding Gramsci, the New Left assigned
civil society a key role in defending people against the state and the market and in asserting the democratic will to influence the state. At the same time, Neo-liberal thinkers consider civil society as a site for struggle to subvert Communist and authoritarian regimes. Thus, the term civil society occupies an important place in the political discourses of the New Left and Neo-liberals.
References:
1. Malko A. V., Matuzov N. I. Theory of State and Law translated form Russian. - Almaty: “Aisa-Press”, 2013.
2. Edwards Michael. Civil Society. - Cambridge, England: Polity Press, 2004.
3. Draper Hal. Karl Marx’s Theory of Revolution (Volume 1: State and Bureaucracy, Volume 2: The Politics of Social Classes). - New York: Monthly Review Press, 1977 & 1986.
4. Hrapnyuk V. N. Theory of State and Law, 1997; Zholaman K. D. Theory of State and Law. Textbooks: NurPress. - Almaty, 2005.
5. Ibrayeva A. S. Theory ofState and Law: Textbooks. 2nd ed. With ext. And edit. - Almaty: Zheti Zhargy, 2006. - 424 p.
Mynbatyrova Nurlaym Kanbatyrovna, candidate of juridical science, associate professor of department of theory and history of the state and law, constitutional and administrative law, law faculty, Al-Farabi Kazakh National University E-mail: [email protected]
Main directions of theory of state and law in the soviet and soviet Kazakhstan period
Abstract: The aim of the article is to define the main directions of theory of state and law in the Soviet and Soviet Kazakhstan period, to analyze and to memorize its features. At the very beginning of the Soviet period theorist-scientists’ point of view in sphere of theory of state and law had been analyzed. Scientists who made a great contribution into the development of theory of state and law and their opinions about state and right had been memorized. Methodical basis of the article consists of the cognitive principles and special scientific methods unity and connection. System, historically, comparative evaluation methods had been used during the work. Author’s all achievements can be used in reformation of legal fields taking into account people’s traditional jurisprudence. It can be used in teaching theory and history of state and law, legal and social studies history disciplines at law faculty.
Keywords: state, law, proletarian right, social right, Marxism, group attitude, theory of state and law.
The development of theory of state and law during the Soviet period had basically been formed by impact of Marxist studies. The main ideology embracing all fields of social life in the Soviet period was supposed cognition of group which directed to form the communist community. The main categories and conceptions of theory of state and law were developed in strong ideology and were improved in false scientific cognition.
During the Soviet period to establish proletarian ideology was the main direction then to establish legal ideology. Ideological theory basis leaned on Marxist and Leninist state and legal studies, is the studies derived from basic relations in theory of state and right.
After October revolution all authors in Marxist direction had recognized resolutions of bolshevists as a proletarian law. On this basis proletarian legal conception was grounded and formed. One of this conception’s supporter D. I. Kursky mentioned that “right” means proletarian interests [1, 104]. P. I. Stuchka theoretically made a great contribution into further development of Marxist right concept during the Soviet period. According to P. I. Stuchka’s point of view group description of right had been recognized. Methods based on revolution dialectics were guided. Base studies was methodically founded in defining of right [2, 57-60]. At the beginning of the Soviet State there
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Section 2. Science of law
have been a conception “legal groups" in acts adopted by fair people commissariat.
We should know that during the Soviet period E. B. Pashukanis made a contribution into formation ofle-gal conception, in his common theory oflaw and Marxism work, he gave a special meaning to nature of legal group, leaning on works of Marxist studies founders. It is considered that bourgeois law was the most developed law of last types [3]. It limited liability of above mentioned proletariat law. In the mid 1930s the author introduced the main concept of socialist law. After formation of soviet community (there were no group discrimination) it was necessary to research the Soviet State and its rights. Later in M. Doschenko’s work the idea of socialist law had been developed. The conception Legal science had been developed during the Soviet period with a special influence of A. Ya. Vyshinsky. In 1938 at the first meeting on Soviet state and problems of legal science, A. Ya. Vyshinsky’s conception of law was formed. In accordance with this
conception, the conception right representing interests of governing group (authorities) rules and regulations were legally confirmed by the state [4]. Ya. Vyshinsky meant by conception of law the legal right conception. Because he didn’t mean the difference between “law” and “right”, and therefore conception of “law” was accepted as the “right”.
Since mid 1950s during the Soviet period conception of law had been critisized in a certain degree. Right didn’t mean only legal right, but also more than legal norms in legal relation conception. This conception was offered by S. F. Kechekyan and A. A. Piontovsky. Later, A. K. Stalgevich added legal consciousness considering legal norms as legal relations conception. Between 1960-1980s instead of legal norms conception, conception of law had been used widely.
In Soviet Kazakhstan, theory of state and law had been evaluated and developed due to persistent work of Kazakhstan’s well-known scientists as S. Z. Zimanov,
M. T Baimakhanov, G. S. Sapargaliev, S. N. Sabikenov and others. Among them the patriarch of legal sciences S. Z. Zimanov’s work was especially important. In 1974 he wrote an article about contradiction problems of law in Kazakhstan and invited scientists to take part in discussion of this problem. It was one of very important job of that
time and was connected to M. T. Baimakhanov’s monographic work [5, 86]. S. Z. Zimanov basically mentioned that subjective reasons of legal contradiction due to ideological conception wasn’t reasonable, and said that it was necessary to research contradiction of law not only theoretically, but also practically [6, 140]. In 1982 S. Z. Zimanov did a report on theme “Common theory of law and its place in legal system” at the seminar of lawyers and philosophers which was organised by Institute ofState and Law of Academy of Sciences and theory of state and law and history departments of Kazakh State University. In his report he considered widely the role and place of law conception. In his report he also identified that practice will play an important role in common theory conception, and nowadays new aims and tasks in state law have to be considered on jurisprudence theory level than legal fields. In addition, he offered to analyze and review main advantage and disadvantage problems of theory of state and law. In 1970 various conceptual opinions concerning theory of state and law had been analyzed. S. Z. Zimanov was against that theory of state and law was in methodical sciences, he offered to consider it as a science with a methodical meaning. In his work he also offered to pay a special attention to person’s legal status and form it in a special legal science direction.
Some problems of theory of state and law were discussed by scientists with S. Z. Zimanov’s guidance. In 1984 there was a joint meeting together with above mentioned Instituite and departments with S. Z. Zi-manov’s guidance. S. Z. Zimanov was one of leading scientists who made a great contribution into development and formation of legal sociology in Kazakhstan period. At the beginning of 1980s due to S. Z. Zimanov’s persistent work there had been debate on various theory problems of state and law of the Soviet Union state. One of such debates was mentioned in V. S. Nersesy-ansct’s report about conception of law. At that time it was important that conception of law must be understood widely than norms. V. S. Nersesyansct offered the necessity of difference between conception of law and right in the late of Soviet State and post Soviet period. Later it was convenient to form liberal theory of conception of law.
References:
1. Kursk D. I. Selected articles and speeches. - M.: Gos. publ jurid. lit-ry, 1958. - 327 p.
2. Drybin L. G. Stuchka - theorist and advocate marsizma-Leninism. - Riga, 1983. - 484 p.
3. Pashukanis E. B. General Theory ofLaw and Marxism. - M., 1924.// [El. res.]. - http://www.gumer.info/bibliotek
4. Vyshinsky A. Y. Problems in the theory of state and law. 2nd ed. - M.: Gosyurizdat, 1949.// [Electronic resource]. - Available from: http://www.twirpx.com/files/law/tgp/ff.djvu/
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Concept and features of slave and slavery in the traditional Kazakh law
5. Baimakhanov M. T Contradictions in the development of the legal superstructure under socialism/ M. T. Baimakhanov; Ans. Ed: Zimanov S. Z. - Alma-Ata: Science of the Kazakh SSR, 1972. - 358 c.
6. Zimanov S. Z. General Theory of Law and its place in the course of the theory of state and law. - Alma-Ata, 1979.
Myrzakulova Moldir, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law, Scientific adviser: Associate professor U. A. Akhatov E-mail: [email protected]
Concept and features of slave and slavery in the traditional Kazakh law
Abstract: Traditional Kazakh society is small in relation to the following trading update of slavery, although she is the subject of many discussions of this issue is very complex. At the same time, Kazakh society of slaves and slavery of the views of the nomadic way of life and its spiritual sources showed how to search. Kazakh nomadic society deeply the nature of slavery, only one side of assessment, blowing, to provide a comprehensive, in-depth analysis showed that the phenomenon is one of the most necessary.
Keywords: traditional law, society, slave, historical practice.
In the modern Kazakh society phenomena that are socio-politically important and being especially when the image against them, and you will notice that their relationship is a clear need for a deeper concepts. In fact, the world of nomads, especially Kazakhs are allocated in the process of farming, the concept of cultural and moral concepts, etc. factors which are of their particular characteristics. According to our opinion, one of the events require special concepts in the Kazakh public concept is slavery.
Why in the traditional Kazakh society, rather than for example in some eastern and western countries appeared position peculiar concepts. Of course, this is a difficult task, it is impossible to convey the scope of a single word or a concept. We can understand and penetrate deeply into the development of the evolution of the emergence of slavery in the Kazakh steppe.
In protokazakh Institute of slavery society evolves with every requirement arising in society socio-economic processes. Forms and methods of slavery and slavery if delve deeper into the history of the development and changes in ways of using a particular sector of society.
Based on historical practice formed in protokazakh society of slavery, mainly in Kazakh society slaves, and the essence of the concept and their role in society has established a system. In other words, in the traditional Kazakh society, that is, in the XV century, and the beginning of XVIII century formed the notion of systems on the role of slaves society, and this is the fruit of centuries of trial which is rich in its fruits.
In traditional Kazakh society study of slavery richly problems that are theoretically important. In our the-
ory, such important problem is on the one hand from the etymology of slavery. In a brief encyclopedia of our country is said about the etymology of slavery, and expressly states that takes place in a slave society, as well as its function, and talk about the benefits of his work for the nomadic Kazakhs. Now let’s try to consider the conclusion: “In Kazakhstan developed a generic form of slavery. Slaves for sex differences were called servant and slave. They are mainly engaged in household chores. And in rural areas slaves were used for plowing the land, and for the construction of irrigation facilities. But here, the slaves could not become the main production force. Slaves in the Kazakh society were were bezpravnymi creatures, and control an ancient rule based on traditional adat rules. Slaves were bought, sold again, and let’s get together dowry rich girls sometimes even becoming the prize in the competition. But it is not very developed in Kazakhstan, only had a patriarchal characteristic" [1, 301].
And the ancient Turkic language dictionary and slaves provided the following explanation: “Qul I.
1. The slave Slave: ol odka qul qulliy bolmis erti — while slaves became slave owners; kisi barca jarmaq quly boldilar — all people have become slaves of money.
2. God’s servant, a man: qul tanrika butti — people believe in god (single); farista bitir qul nequ qilmisin — Angel writes that made the servant of God; bajat berdi qulqa eki koz qulaq — God gave man two eyes and ears.
Qul, kun: male and female slaves, slaves: qulim kunim boduniy tanri jer aju berti — my slaves and people then headed Heaven and earth; beduk bergan gatiy
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