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34Мемлекет жэне к^цыц теориясы
УДК 340
THE NEW CONCEPT OF PUBLIC LEGAL EDUCATION
IN KAZAKHSTAN
Tukiev Asian Sultanovich
Director of the Legislation Institute of the Republic of Kazakhstan, c.j.s., Associate Professor, Astana city, Republic of Kazakhstan; e-mail: instzak-kz@mail.ru
Akhmetov Kenzhaly Kenzhetaevich
Senior Research Fellow of the Department of International Law and Comparative Legislation of the Legislation Institute of the Republic of Kazakhstan, Astana city, Republic of Kazakhstan: e-mail: ke.akhmetov@adilet.gov.kz
Keywords: Concept; legal education; legal culture and state policy.
Abstract. The state policy in the sphere of legal education of recent years was based on planning documents without a certain conceptual approach. At the same time, these programs are mostly propagandistic in nature and have proved to be ineffective, which is due to the presence of a number of systemic problems of the implementation of state policy in the field of legal education.
In modern conditions, it is necessary to develop a conceptually updated state policy in the field of legal education, which would be based on completely different institutional approaches. This model requires active participation of nongovernmental organizations (NGO), business community, and mass media. The authors have tried to demonstrate crucial importance of the participation of public (civil) forces in the implementation of the future policy in the field of public legal education. The authors also pointed out the problems of mechanisms of implementing policy in this field and noted the importance of alternative sources offunding in addition to budget resources.
In this article a team of researchers developed common approaches to the development of the future Concept of public legal education, which sets a fundamental goal - to shape a law-abiding citizen with active citizenship. The purpose requires the formation of active, law-abiding behavioral attitudes which is reflected in the tasks and general approaches of legal education.
КАЗАКСТАНДАГЫ Ц¥К;ЬЩТЬЩ САУАТТАНДЫРУДЬЩ ЖАЦА Т¥ЖЫРЫМДАМАСЫ
Тукиев Аслан Султанович
Казацстан Республикасы Зацнама институтыныц директоры, з.г.к., доцент, Астана цаласы, Казацстан Республикасы, e-mail: instzak-kz@mail.ru
Ахметов Кенжалы Кенжетай^лы
Казацстан Республикасы Зацнама институтыныц халыцаралыц зацнама жэне салыстырмалы цуцыцтану бвлiмiнiц ага зылыми цызметкерi; Астана цаласы, Казацстан Республикасы, e-mail: ke.akhmetov@adilet.gov.kz
Ty^h свздер: Тужырымдама; цуцыцтыц агарту; цуцыцтыц мэдениет; мемлекеттт саясат.
Аннотация. Соцгы жылдары цуцыцтыц агарту саласындагы мемлекеттт саясат нацты тужырымдамалы эдшке ие болмай, багдарламалар мен жоспар цужаттарына негiзделген. Бул ретте аталган багдарламалар квбiне насихаттау сипатына ие жэне жалпы тшм^з болып келдi. Куцыцтыц агарту саласында мемлекеттт саясатты wm асыруда бiрцатар ЖYйелi мэселелердщ болуы осыган себеп болды.
Казiргi жагдайда мYлде басца институционалды эд^терге негiзделген цуцыцтыц агарту саласындагы тужырымдамалы, жацартылган мемлекеттж саясатты эзiрлеу взектi болып келедi. Аталган тэсш Yкiметтiк емес уйымдардыц, кэсткерлж ортаныц, соныменцатар, БАК-ныц белсендi цатысуын талап етедi. Авторлар цуцыцтыц агарту саласындагы болашац саясатты wm асыруда цогамдыц (азаматтыц) куштердщ цатысуыныц критикалыцмэнт кврсетуге тырысты. Авторлар, сонымен цатар, цуцыцтыц агарту саласындагы саясатты wm асыру механизiмiнiц проблематикасын кврсетт, бюджет ресурстарынан басца, альтернативтi царжыландыру квздерШц мацыздылыгын атап вттi.
Аталган мацалада зерттеушыер ужымымен, алдына iргелi мацсатты цоятын жогары азаматтыц позициясы бар зацга багынатын азаматты цалыптастыру,
болашац Цуцыцтыц азарту тужырымдамасын эз\рлеуд1ц жалпы тэстдерг анъщталган. Бундай сипаттагы мацсат 6елсенд1, зацга багынатын, дурыс мгнез-цулыцтыцты цалыптастыруды талап етедг, ол ез кезегшде цуцыцтыц агартудыц жалпы эдгстерг мен мтдеттертде сипат алады.
НОВАЯ КОНЦЕПЦИЯ ПРАВОВОГО ПРОСВЕЩЕНИЯ
В КАЗАХСТАНЕ
Тукиев Аслан Султанович
Директор Института законодательства Республики Казахстан, к.ю.н., доцент; г. Астана, Республика Казахстан; e-mail: instzak-kz@mail.ru
Ахметов Кенжалы Кенжетаевич
Старший научный сотрудник отдела международного законодательства и сравнительного правоведения Института законодательства Республики Казахстан, г. Астана, Республика Казахстан: e-mail: ke.akhmetov@adilet.gov.kz
Ключевые слова: Концепция; правовое просвещение; правовая культура и государственная политика.
Аннотация. Государственная политика в сфере правового просвещения последних лет основывалась на программных и плановых документах без наличия определенного концептуального подхода. При этом данные программы носят преимущественно пропагандистский характер и в целом оказались неэффективными, что связано с наличием ряда системных проблем в реализации государственной политики в сфере правового просвещения.
В современных условиях актуальным является разработка концептуально обновленной государственной политики в сфере правового просвещения, которая базировалась бы на совершенно иных институтуциональных подходах. Данная модель требует активного участия НПО, предпринимательской среды, а также СМИ. Авторы попытались продемонстрировать критическую значимость участия общественных (гражданских) сил в реализации будущей политики в сфере правового просвещения. Авторы также указали на проблематику механизмов реализации политики в сфере правового просвещения и отметили значимость помимо бюджетных ресурсов альтернативных источников финансирования.
В настоящей статье отражены выработанные коллективом исследователей общие подходы к разработке будущей Концепции правового просвещения, которая ставит перед собой фундаментальную цель - сформировать законопослушного граджданина с высокой гражданской позицией. Цель такого рода требует формирования активных, законопослушных поведенческих установок, что отражено в задачах и общих подходах правового просвещения.
Introduction
In modern conditions joining Kazakhstan the top 30 most developed countries of the world the establishment of the rule of law, the increasing of the level of legal culture, and other are one the most important governmental tasks, and their achievement is directly related to the effective implementation of the state policy in the field of public legal education1.
It is generally accepted that legal education consists of legal advocacy, legal nurturing and legal awareness [1, pages: 153-158], [2, pages: 200-207]. In turn, we believe that at present time legal education and legal issues are also components of legal counseling and assistance, promotion of legal mechanisms.
Recent years the governmental policy in the field of public legal education was based on program and planning documents, such as: Program on law-explaining work, the formation of legal culture, legal education and citizenship education for 2005-2007; Program on law-explaining work, raising the level of legal culture, legal education and education of citizens for 2009-2011; Comprehensive plan to improve the level of legal culture of citizens of the Republic of Kazakhstan for 2012-2014.
The above-mentioned programs were mainly propagandistic in nature and, on the whole, exhausted their possibilities. In this regard, the research team consisting of A. Tukiev, J. Kulzhabaeva, J. Tlembaeva,
1 Legal education is a complex concept combining elements of legal education and legal propaganda and representing educational and educational activities aimed at the formation of active citizenship among citizens, knowledge of the national legislation, rights and duties of individuals and citizens, and the possibility of obtaining legal assistance.
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A. Abylayly, D. Dosmyrza, V. Konusova, V. Kazieva, I. Eleusizova, A. Irzhanov, K. Akhmetov, D. Abdildina, Sabirov K., Kysykova G., Mushanov T. and Sultanova L. have developed a draft Concept on improving the field of legal education, taking into account the best international practice.
According to the research group, the existence of legal nihilism remains one the most important social and state significant problems. This, among other things, is expressed in the social passivity and disbelief of citizens by virtue of the law, what in future can lead to serious systemic social consequences. According to L. Winterstinger, the most common consequences are poor health associated with stress, loss of income, and in future fear, ill-health and family breakdown. Vulnerability to legal problems is increasing due to low income, age, reduced educational qualifications and poor health [3, pages: 2-3].
At present time the effectiveness of public policy in the field of public legal education is directly related to the presence of a number of systemic problems:
- current model of shaping governmental policy in this field is based on the primary role of the state and primary responsibility of governmental bodies for it's effectiveness;
- program activities were mainly informative and propagandistic, which were expressed in the publication of legal acts in the media and clarification of their provisions;
- program activities did not take into account the needs of special target groups;
- procedures for assessing the quality and effectiveness of the implementation of activities in this field were not established.
According to the research, 30% of those people who face civil legal problems are trying to solve these problems on their own. Especially it concerns such areas as consumer complaints or problems with debt2.
In addition, the current situation of the national policy in the field of legal education indicates that the formation of a high level of legal education is impossible without the active participation of civil society. Therefore, in this direction, radical changes are needed, which require a serious transformation of the institutional model for the implementation of policies in this field.
It would also be advisable to envisage the role of the mass media and educational institutions in the renewed policy of public legal education, which, in our opinion, should take into account the cultural, historical, gender and other features of the development of
modern society, commitment to human rights and a focus on results that ensure sustainable development of the country.
Basic provisions of public legal education
In our opinion, the new governmental policy in the field of public legal education requires the adoption of completely new tasks and goals that can be reflected in the updated concept in this field. The goal of the state policy in this sphere should be aimed at raising the level of legal culture of citizens characterized by lawful behavior and civic activity. Achieving this goal is possible due to the following tasks:
1) providing citizens with legal knowledge, rights and duties of the individual and citizen;
2) formation of stable orientation towards lawful behavior among citizens, creating the atmosphere of intolerance to all cases of their violation, the inevitability of responsibility;
3) establishment of the rule of law as an immutable social value, respect for it, decisive overcoming of legal nihilism;
4) increase of citizens' confidence in public bodies and representatives of state power;
5) use of scientific and cultural potential of the country in order to increase the level of legal awareness and legal culture of citizens;
6) formation of zero tolerance for corruption, prevention of offenses, eradication of marginal behavior of an individual;
7) timely informing citizens about the planned political decisions of public bodies and explaining the objectives of these decisions;
8) creation of an effective mechanism of cooperation in the field of public legal education between the state and civil society.
These tasks are aimed at understanding the law and the rights of citizens, which in future can help people to manage with their daily problems more effectively.
Approaches, directions and tools of public legal education
The new governmental policy in the field of public legal education in terms of content should be diverse and offer completely new approaches, directions and tools for legal education. So, in order to increase public confidence in the ongoing activities on legal education, it is expedient to apply the most advanced and modern approaches both to organizing events and interacting with the public. On this basis, legal education should be based on the following approaches:
1) orientation to universal human values and the ideals of humanism;
2) openness to cooperation;
3) autonomy and self-management of
2 Towards a national strategy for public legal education. A discussion paper. September 2004
stakeholders of public legal education;
4) customer orientation, accessibility for a specific audience and response to the needs of the audience;
5) innovation and creativity;
6) monitoring and control of processes of public legal education.
Public legal education encompasses a wide range of legal and socio-political topics, which to some extent may unevenly or unnecessarily expand activities in the field of legal culture and legal education. In our opinion, this in general can negatively affect the overall effectiveness of the policy in this field. Therefore, the content of public legal education should be supplemented by the following areas:
1) strengthening culture of human rights, which is based on a universal understanding of the value of human rights, cultivating respect for the rule of law, zero tolerance for corruption;
2) provision of information and educational materials to a person regarding the legal problems he is facing or that is common among this circle of persons;
3) (informational) support of people who wish to solve the legal problems independently;
4) providing comments to persons who wish to apply for the relevant legal service;
5) providing information on alternative dispute resolution;
6) training in writing of lawsuits, petitions, etc .;
7) providing information on legal aid centers and on state-guaranteed legal aid;
8) free counseling by practicing lawyers and lawyers of various associations, chambers, collegiums and societies.
Means and methods of public legal education
Means and methods of legal education reflect a list of specific tools that should be aimed at the broadest and at the same time target groups. Taking into account all the multidimensionality of public legal education, as well as the need to increase confidence among the population, it is very important to search for new, more advanced ways of influencing these groups, including interactive communication tools3.
We consider it appropriate that legal education and legal information can be provided in various ways with the active or passive participation of the target audience:
1) brochures on specific legal topics -handouts in public places, as well as places of
target group (schools, libraries, service centers, universities, government agencies, correctional institutions);
2) articles and regular columns in newspapers and magazines about existing legal problems - appropriate educational and promotional activities in newspapers, journals about existing unresolved problems in various branches of law, as well as changes in legislation should be conducted in order to prevent misinterpretation of that changes;
3) telephone help lines providing information on legislation and legal services - it is necessary to introduce a telephone reference line, the operators of which could analyze the nature of the problem, provide general information on the algorithm for its resolution, with further redirection to the appropriate authorities or organizations;
4) material provided in the Internet, social networks, which would differ depending on the level of complexity of providing information and target audience - it is necessary to create educational sites on legal topics for as many target groups as possible;
5) guidance and comments on relevant laws on the Internet, specialized legal portals for citizens, providing information on the latest changes in legislation - government websites in addition to the feedback section, should contain a section of frequently asked questions, through which a citizen could find an answer, without waiting for a response from the public body;
6) webinars, teaching free courses on relevant issues - this method covers a wide range of various consultations, seminars, trainings, held both in public places and via the Internet (webinars);
7) activities based on role-playing games, for example, game trial - this method can be used both in schools and universities, and in adult education. This method can also include training in the preparation of statements of claim, petitions and complaints;
8) legal education and legal information on the legal system of the state:
a) within the framework of school education, a curriculum for junior, middle and senior classes should progressively shape students' legal conceptual apparatus of thinking. Schools should be visited not only by law enforcement officials, but also by representatives of the business community (companies providing legal services and advice, etc.).
3 Information tools of this kind are widely used by UK NGOs (Developing a public legal education programme. Guidance and toolkit. February 2016. The Law society of England and Wales). For example, the creation of a special mobile application (SmartLaw), the development of hand-outs (handbooks, guides) for legal information on specific legal topics, as well as the creation of special educational headings on government websites and social networks (Public Legal Education and Information in Ontario Communities: Formats and Delivery Channels. August 2013. Project head: Julie Mathews).
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b) within the framework of higher education institutions, the legal education of students of all specialties should be provided. Law universities and faculties of universities should strengthen the work of legal clinics to provide free legal assistance;
9) active use of television, video and radio programs with strong and informative legal content - within the framework of the television format next methods can be used: social videos about assistance programs, including legal ones; programs to increase the legal literacy of the population, which would cover the offenses and the consequences for their commission; films and TV series that affect legal problems.
Foreign practice indicates that the activities in the field of public legal education are designed specially for the audience and reflect the problems faced by this audience, its knowledge and level of legal capacity, as well as barriers they face4.
Thus, measures to increase the legal awareness of citizens should be of a general educational nature. At the same time, they should also be oriented towards certain segments of the population, as the Kazakhstani society differs in diversity according to various criteria. Accordingly, the policy of public legal education should meet the needs of certain segments of society, which include:
1) children and adolescents - shaping a legal conceptual apparatus of thinking from the junior classes of the school, legal education in the field of rights of the child, mechanisms of legal protection.
2) orphans and children deprived of parental care - information support about the rights guaranteed to them by the state and social benefits and programs.
3) students - increasing students' awareness of their own responsibility for committing offenses, consultations in various branches of law, counseling and training in addressing legal aid.
4) women - legal advice of gender equality in employment, in divorce proceedings, payment of alimony, protection of parental rights; counseling and training to address legal assistance in rape, domestic violence, forced marriage and other problems.
5) persons with disabilities - legal education of basic rights of this target group (education, employment, income maintenance and social security), training in legal assistance in case of violation and deprivation of the rights and benefits guaranteed by law.
6) pensioners - the right to medical care and social services, options for supporting
retirees, ways to improve housing conditions, the procedure for registration of benefits and subsidies, and regularly inform the elderly population about the latest changes in legislation.
7) civil servants - shaping the skills and knowledge aimed at effective interaction with the population on legal issues.
8) families and persons below the poverty line - legal education about the benefits provided by the state and special support programs (employment, education), telephones and support organizations for the poor; for children and adolescents - informing about places and telephone lines of legal assistance, conducting trainings and interactive games about the protection of their rights; for women and children - consultations conducted jointly with psychologists, on remedies in case of domestic violence.
9) population of rural areas - general educational activities in the legal system of the state, eradication of corruption in rural areas, cultivating respect for law and the rule of law.
10) oralmans - adaptation to the legal system of the state with the goal of socializing oralmans, advising on their rights and duties as a citizen and as oralmans, conducting trainings and seminars on seeking legal assistance.
11) persons working at hazardous production facilities - legal education of employees in the field of protecting labor rights and in the sphere health, social benefits and other payments.
12) prisoners - informing about their rights and ways of obtaining counseling support or legal assistance.
Model of public legal education
As it was noted above, the policy in the field of public legal education, based mainly on the efforts of public bodies or administrative resources, is not effective enough, because the tasks to be accomplished in the field of legal education are fundamental for both the society and the state. Therefore, attracting other stakeholders is very important in this area. Moreover, effective implementation of state policy in this field depends on the participation of such stakeholders as NGOs and (legal) business community as a whole.
In particular, the principle of active participation of all civil society institutions is popular in foreign countries. Non-governmental organizations play a pivotal role in providing legal information, as well as in shaping skills necessary for the effective resolution of legal problems in everyday life. In Australia, for example, Legal Aid Queensland actively interacts with government agencies and other
4 Principles and Guidance. Public Legal Education Network Advice Services Alliance
partner organizations to implement projects and conduct networking events, forums on legal education5.
In addition, in the United Kingdom, the United States and Australia, legal education is not limited in advocacy and propaganda methods, but also provides measures to form an active citizenship.
A very significant role is assigned to the allocation of specific target groups that are to some extent in a vulnerable position (pensioners, migrants, victims of domestic violence) due to the low level of legal culture or the lack of accessible channels of legal information.
In our opinion, it is necessary to envisage opportunities for the broadest involvement of civil society institutions: NGOs, educational institutions, the media, business community, etc. into an updated model of state policy in the field of legal education.
Non-governmental organizations
The activities of NGOs should be aimed at educating and informing residents on the most significant legal issues through various service programs for the general audience, as well as for educational institutions.
The participation of NGOs in the formation of the legal culture of the population will be manifested at various levels of interaction with authorities and the business community in a variety of ways. Coherence and social integration of state policy in the field of legal education will be its important feature.
Mass media
The cultural, ideological and propaganda influence of mass media is massive, which allows them effectively influence on various social groups, as they are able to create information products that are accessible and easily perceived for the majority of citizens.
Within the framework of legal education, the media should provide certain legal information or information about legal problems that will allow citizens (different social groups) provide solid guidance in socially significant phenomena and problems. Moreover, the media will shape public opinion on the most significant social and legal problems, thereby stimulating active citizenship.
Educational establishments
Educational institutions should fulfill their primary educational role in providing legal knowledge and certain practical legal competences.
Starting from the preschool age, children should receive basic knowledge in the legal field (familiarization with the rules of the road, fostering good conduct on the street and in public
transport, the formation of primary views of children about their rights and responsibilities).
Educational institutions are providing students with basic legal knowledge, and students are mastering the most significant moral values and norms of behavior. Information of this kind should be organized and directed towards shaping of a law-abiding citizen.
The development of the legal culture of students in educational institutions should be conducted in a sufficiently diverse and effective manner, such as training, master classes, conferences, legal circles, round tables, case study method, discussion of video films or joint legal solutions.
Business community
(Legal) business community, in addition to direct corporate interest, should pursue non-commercial goals to provide services or conduct activities to enhance the legal culture for philanthropic purposes. At the same time, the state should stimulate business community and mass media in other ways, for example, by providing tax incentives, various kinds of administrative indulgences, etc. Companies that provide legal and consulting services, colleges, chambers and associations should organize seminars, lecture courses on legal issues, free legal assistance to the public.
The state
Public bodies possess huge administrative and financial resources for effective implementation of public legal education. In addition, the state has sufficient competence to shape the model of legal education for the population through the development of a special governmental policy. This policy assumes the formation of specific directions for the development of legal culture of the population and individual social groups. An important advantage of the activities of public bodies is that they have targeted and systemic character.
General Implementation Mechanisms
The formation of an effective system of public legal education is a complex governmental goal, which implies achieving such fundamental state-significant tasks as establishing the rule of law, the development of legal culture and others.
Foreign experience points to the need to create a special body (center) whose activities, first of all, would focus on issues of public legal education. The creation of such center is a strategically important step, which guarantees success in implementing the policy in the field of legal education6. Such center could be the National Center for Citizenship and Law under a
5 Community Legal Education Strategy. http://www.legalaid.qld.gov.au/files/assets/public/about-us/cle-strategy.pdf
6 Developing capable citizens: the role ofpublic legal education. The report of the PLEAS Task Force. July 2007
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certain public body that would coordinate public authorities and be responsible for analyzing and monitoring the implementation of state policy in this field.
In addition, in our opinion, successful legal advocacy and issues of raising the legal culture depend on the activities of the whole system of public bodies. In this regard, we consider it appropriate for the government to develop general and targeted programs for public legal education.
A special role in the implementation of policies in this field should be given to State Corporation «Government for Citizens», whose activities are currently focused on the provision of various types of public services.
In this regard, it is necessary that this corporation will be able to expand the range of public services by including free consultations for target groups that fall under the policy of public legal education. In turn, the legal community and NGOs will need mandatory periodic provision of practicing lawyers of various profiles on a free basis.
To achieve large-scale goals of this kind, it will be necessary to search other alternative tools that would stimulate the active participation of NGOs, the commercial sector, and mass media in public policy in this area. In this direction, it is necessary to provide specific funding for each responsible stakeholder of public legal education. The financial basis will be the mechanism of the state social procurement, as well as certain targeted programs.
Implementation of a full-fledged state policy in the field of legal education, in addition to state funding, should also include other alternative sources of funding. In this aspect, the search for additional sources of funding should be very effective. In particular, companies providing legal and consulting services, colleges, chambers and associations could independently organize seminars or trainings on legal issues for the population or students, and the mass media provide reports or special
plots that would be aimed at increasing the legal literacy of the population.
In order to stimulate the participation of NGOs and business community in the activities of public legal education, it is necessary to develop a special rating that would reflect the degree of involvement of certain organizations in the program of improving the legal literacy of the population. The rating can become a kind of reflection of the existence of a high reputation of the stakeholders of legal education in society and the state. In turn, the presence of a high rating would guarantee participation in public funding in other areas.
In addition, this policy will strengthen the intersectoral partnership: developing partnerships between government bodies, universities, the mass media, NGOs and the business community, as well as a strong communication policy that will promote the values of public legal education at the local and national level.
Conclusion
Thus, the full implementation of governmental policy in the field of public legal education will ensure the popularization of human rights, promote respect for the law, encourage citizens to interact with the legal system, that ultimately will enhance the level of legal culture of citizens characterized by lawful behavior and civil citizenship.
In our opinion, the current situation of the legal culture of the society has become a complex problem for modern Kazakhstan, and its solution is fundamental to our future. In this direction, a radical revision of the views and beliefs about the governmental policy and the place of civil society institutes in the field of legal education is required.
Shaping a new institutional model of legal education is a conceptually different approach to further development of the legal culture of Kazakhstani society. It will be necessary to mobilize all institutions of civil society and introduce new policy principles in this area.
REFERENCES
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2. M. U. Krutikov. Pravovoye vospitaniye v sisteme pravovoy sotsializatsii v usloviyakh sovremennoy Rossii. Izvestiya Tul 'skogo gosudarstvennogo universiteta. Gumanitarnyye nauki. 2013, str.: 200-207;
3. L. Wintersteiger. Legal Needs, Legal Capability and the Role of Public Legal Education. A Report by Law for Life: the Foundation for Public Legal Education. 2015.
