CC BY
95
Politics, orientation and sights of Kassym-khan
2. Theory of State and Law: textbook for universities./Ed. by Prof. V. M. Korelskii and prof. V. D. Perevalova. 2nd ed., Edited and add. - M.: Publishing Standards, 2003. - 616 p.
3. Theory of State and Law. - Almaty: Publisher, 1998. - 256 p.
4. Ozbekovich S., Kopabaev P. Theory of State and Law: Textbook. - Almaty: Zhety zhargy, 2006. - 264 p.
5. The terms of the Kazakh language industry research Dictionary: Law./General Ed. A. K. Kusainov. - Almaty: Publisher CJSC school, 2002. - 336 p.
6. The auditorium of S. Kazakh laws and the laws of its bases.//Kazakh parents parents. - Almaty: Zhety zhargy, -1 T. - 2004. - 632 p.
7. Kenzhaliyev Z. Zh. Nomadic Kazakh traditional legal culture in society: (theoretical issues, the lessons of history). - Almaty: Zhety zhargy, 1997. - 192 p.
Turysbek Zhanar, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law, Scientific adviser Mynbatyrova Nuraylym Kambatyrovna, candidate of juridical science, associate professor of department of theory and history of the state and law, constitutional and administrative law, Al-Farabi Kazakh National University E-mail: sergei--95-777@mail.ru
Politics, orientation and sights of Kassym-khan
Abstract: In the article it is described the Kazakh khanate during the period of reign of Kassym khan. It is spoken in detail the role of Kassym khan in the history of Kazakh khanate. Much attention is given to the policy of internal affairs which Kassym khan led and the policy in relation to the neighboring khanates. It draws our attention to the way how Kassym khan did expand the territory of the khanate. Author, also, gives valuable information on the word “kazakh”: the emergence and the utilization of this word, and about the collection of tribes and their transformation to “Kazakhs”. The article is concluded describing the bravery of the soldiers that were in the army of Kazakh governors.
Keywords: Kazakh khanate, politic, orientation, sights, administrative function, disagreement, nomadic territories.
Kassym-khan takes an outstanding place in the history of Kazakhstan. Having entered to khan throne in 1510 i. e. when yet has not passed also a half-century after formation of Kazakh khanate, having received in the inheritance shattered, different tribes of uluses, occupying the territory which has not had time to develop in the uniform government, he has left enormous and uniform in measures of that time after himself the territory — almost equal to modern Kazakhstan. To tell the truth, all this has taken place not during his ten years’ official stay in the head of the khanate (1510-1521), and began much earlier when Kassym khan yet did not carry khan title, but e actually was the second khan, alongside with Burunduk khan, i. e. in result more than his 50-years state activity, including in a role of the sultan — commanderand the manager on the most part of the khanate.
With increasing growth of influence and administrative function of the Kassym-sultan, not being still khan,
the prestige of Burunduk-khan fell among people though his certain merit in expansion of borders and strengthening of the Kazakh state cannot be belittled. Not a disagreement with Kassym sultan though it is impossible to exclude it, and mainly as a result of an output from his obedience of the majority of ancestors and their transition to the side of the Kassym-sultan have compelled Burunduk-khan to leave authority in Kipchak steppe and to leave to Samarkand, to another chinghizids, with some of which had related — marriage connections.
Kassym-sultan was the third son of one of the founders of the Kazakh khanate Janybek-khan who in his turn was content with a supporting part in khanate after Kerei-khan. Kerei-khan was more senior than Janybek khan on genealogy, age and on thenumber of uluses. The principle of seniority in system of authority chinghizids remained firm. After death of Kerei-khan, the authority has passed to his son Burunduk khan who was consid-
131
Section 2. Science of law
ered as the grown-up in relation to successors ofJanybek khan. However as it was mentioned above, did not prevent growth of influence of the Kassym sultan in internal and foreign affairs and to have more authority in opinion of the next states and in the environment of khanate citizens. Burunduk khan was reconciled with such position: in the beginning because of concurrence of the purposes of their policy and later appearing before the facts to change which already was powerless.
Kazakh khanate in last quarter of the XV century and the first quarter of the XVI century — during Bu-runduk-khan and Kassym-sultan, and in particular when last became autocratic khan, has turned to the center of unifying movement of the Kazakh grounds, fast growth of the nomadic collectives, passing the big massifs and nomadic territories in khanate structure. So was formed huge Kazakh state almost equal to the area of modern Kazakhstan, even is more if to take into account so-called “wood peoples", settled to the north, on the Irtysh-Yeni-sei zone, taking place under imperious influence of Kazakh khanate within the peak of its growth.
Not resetting military and peace successes of the Kazakh khans in expansion of territorial borders of khanate which, certainly, played a significant role, it is necessary to specify one important circumstance in this problem. The ethnonim “Kazakh”, at the same time having during that historical epoch huge sociopolitical, spiritual — slogan value for association of nomads.
The known expert on medieval east sources V. P. Yudin, named one of the researches “To ethymology of ethnonim the Kazakh (qazaq)”, wrote, that in XIV-XVI centuries “the whole collectives which for any reason left people” were called as Cossacks also [1, 148]. These reasons were different: oppression and discontent in places of living, weariness of nomads from wars and intestines conflicts between ulus governors. If to speak in the modern language the most deep reason serving by the natural engine of leaving or flight of mass of nomads from under authorities of the Uzbek union (in the beginning Kerei and Janybek sultans) in limits near Chagatai ulus, in Mogolistan (in Semirechie) and connection to them of the increasing number new and new uluses, there was an inertia by more free life and to freedom in general. On this way Kazakhs had to pass and go through huge difficulties and the nature “kazakhisation” — aspirations to a free life were brought up in them with resistance. “In opinion of mere mortals the Cossack was embodiment of courage, resistance, unpretentiousness” — mentions V. P. Yudin [1, 149]. Further he wrote, that in opinion of one people “the life of the Cossack has been surrounded with
an aura of glory, and in others caused also fear”. All this, in his opinion, “very much early has led to that around of them legends were created and the life of them has been poeticized”.
Between concept “Kazakh” as the name of the certain ethnos (nationality) and concept “cossack” as the social name of separate nomadic groups and the communities separated from a great mass of the population in searches of free self-determination and the best pastures which, probably, was and much at various times and in different areas, exists the certain connection and at the same time the big difference [2, 249]. Kazakhs as ethnos were formed directly in conditions of their political consolidation, and under the term “cossack” designated layers of the nomads separated from a great mass nomadic population and left on marchers the grounds behind which this name subsequently was fixed. In this value and sense of a word “Kazakh” and “Kazakhs” as social concepts, were known long before the formation of Kazakh khanate. Sources speak about them since the IX century. “Free fugitives” and “daring person” — the Kazakhs most destitute and tempered in difficulties, brave in struggle for freedom have made base and serious updating for Kazakhkhanate.
On the behalf of Kassym khan the history of Kazakhstan had wise, bright talent and the oustanding governor devoted to fatherland. His half-century state, military both diplomatic policy and activity can be named as a policy of unification of the grounds and consolidations of Kazakh people. On this field Kassym khan has achieved tremendous successes [3, 96].
Kazakh khanate, originally occupying areas of the rivers Shu and Karatal, totaling, under some data, about 10 thousand adherents of Kerei-khan and Janybek-khan, during the short time — in a life of almost one generation — strongly extends in borders and becomes one of five influential countries in the Central Asia with the population already 1.2-2 million person. This was promoted mainly by two factors: Kazakh khanate began to personify “a zone of freedom” and the relative world for the nomads tired of oppressions, robberies and from infinite conflicts and wars, conceived family-clan both small and big arrogant governors on the one hand. And on the other hand an occurrence on historical arena of Kassym-khan as the commander and the clever governor, the diplomat and the reformer in some extent restored the former glory and power of the Ak-horde (Golden Horde), broken as a result of Timur’s and timurids invasions [4, 204].
Many campaigns and invasions of Kassym-khan into limits of Uzbek khanate, Mogolistan and Nogai hordes
132
General characteristic of the criminal common law of Kazakhs
accomplished during the reign of Burunduk-khan, with his consent and after it he became the Supreme governor of the khanate, were successful and consequently, that he used growing sympathy of the population of neighbouring countries to his internal policy. This policy has consisted in a universal recognition and expansion of authority of national assemblies, ancestors and biy courts, and also force of common — legal institutes in the Nomadic communities. A policy of restriction of intervention of ecclesiastics in affairs of nomads of Kipchak steppe zone carried out by Kassym-khan was very important. Certainly, in successful military operations of Kassym-khan the paramount role was played by that he managed to create the efficient army growing on number consisting from sarbazes, trusting in him and following after him. Kassym-khan has restored the force of the army regulationsof kipchaks: “Khan boryshy j oryqqa tu kqtery, sarbaz boryshy tugha erip jan beru” — “The duty of khan to lift a banner of
a campaign, and the duty of sarbaz (soldier) to follow a banner and to give the life”. At the same time he has established, that the decision of a question on fulfilment of campaigns should be approved by people. This new word is formulated rather indicative in substantial and brief saying: “Batyr bolsan joryq bolsyn, joryq joly maqyl bolsyn”, “Let will be batyrs, let there will be campaigns which approved by people”.
One of the chronicles of that time carries Kazakh khanate to number of “glorious” within the limits of former possession of Chinghiz-khan. As he said “Kazakhs who are famous all over the world by power and fearlessness” live in this limits. Further it is underlined, that armies of Burunduk-khan and Kassym-khan were terrible powerful both by number, and by bravery.
Under orders of the Kazakh governors, “at the same time were gathered four hundred thousand quivers of bogatyrs, each of which was equaled to ten of to valiant soldiers”.
References:
1. Yudin V. P. Centralnaya Azia v XIV-XVIII vekah glazami vostokoveda. - Almaty, 2001.
2. Drevnetyurkskaya civilizatsia: gfmiatniki pismennosti. - Almaty, 2001.
3. Atygaev N. A. Kazakhskoe khanstvo v XV - seredine XVI veka. - Almaty, 2003.
4. Pichulina K. A. Yugo-Vostochnyi Kazakhstan v seredine XIV - nachale XVI vekov. - Alma-Ata, 1977.
Useinova Gulnara Rakhimzhanovna, doctor of juridical science, professor, Department chair of theory and history of the state and law, constitutional and administrative law, Al-Farabi Kazakh National University Useinova Karlygash Rakhimzhanovna, candidate of juridical science, associate professor of department of theory and history of the state and law, constitutional and administrative law, Al-Farabi Kazakh National University E-mail: sergei —95-777@mail.ru
General characteristic of the criminal common law of Kazakhs
Abstract: The Kazakh common law didn’t know accurate definition of the concept “crime”. The crime was understood as “bad business”, “bad behavior”. Accurate differentiation between a criminal offense and tort in the Kazakh common law didn’t exist. Deliberate acts assumed existence of direct intention, in all other cases unintentional acts took place. For qualification of crimes played also elements of the subjective party large role, as a way, a place and time of commission of crime. From the point of view of a place of its commission, the crime committed in a native aul was considered as the most serious crime. It was punished more strictly, than the crime committed in others aul.
Keywords: common law, crime, the death penalty, the corporal punishments dishonoring punishments, delivery of the victim guilty to the party, exile from tribal community, kuna, aip.
In the pre-revolutionary Kazakh society which wasn’t had the extreme social and regulatory and administra-
knowing the written right, usual and legal establishments tive importance.
133
