The use of Kazakh customary legal norms and its institutions during the Soviet period

Abstract

In the article, the authors explore the problem of the fate of customary law of Kazakhs under the conditions of Soviet authorities. This research aims to conduct an objective problems analysis of the history of the functioning adat in the conditions of the dictatorship proletariat in the region, through the coverage of two interrelated blocks of issues. On the one hand, the characteristic of traditional normative and legal culture of the indigenous population is given, on the other — the politics of the proletarian state in relation to the norms of the adat in the first twenty years of the functioning of the Soviet government. The research results show that customs and traditions were not considered self-values but were evaluated as potential objects of state interaction in need of change and transformation. This policy was based on the ideas and goals establishment of the dictatorship of the proletariat. A characteristic feature of the research of the Soviet period concerning the fate of customary law in the conditions of Soviet power was that during the reviewing the normative-legal inheritance of people, its negative side was absolutized. This did not allow recreating the comprehensive appearance of entire system of customary legal relations and could not lead to the creation of a distorted picture ofreality and the statement of one-sided approach to it. Modern works of national and foreign scientists in the field of the studied problems form new directions of scientific search. The article concludes that the accumulated basic empirical material revealing the phenomenon of customary law allows an objective look at the issues under study, which have found adequate reflection and solutions in society and contribute to the further development of a wide range of problems.