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The Constitution of Kazakhstan: Tranditions as Sources for Laws

These days a round-table discussion was held in Yerevan on "2015 - 20 Years of the Constitutions of Armenia and Kazakhstan".

The round-table discussion was held in the framework of the project "Armenia-Kazakhstan: Cooperation Platforms" implemented by NGO "European Integration" with the support of the Embassy of Kazakhstan in Armenia.

The speakers of the discussion were the envoy-adviser of the Embassy of Kazakhstan in Armenia Zhalgas Adilbayev, Director of the CIS institute in Armenia Alexander Markarov, orientalist Naira Mkrtchyan, senior advisor of the Chairman of the Constitutional Court of Armenia Anahit Manasyan and Chairman of "Integration and development" NGO Aram Safaryan.

Orientalist, Yerevan State University lecturer Naira Mkrtchyan in her speech mentioned that the ideas of constitutionalism in Kazakhstan in their origins go back to centuries. In their formation legislative monuments of 15-18 centuries played an important role, they are: "The Bright Path of Kasim Khan," "Ancient path of Yesim Khan" and "Zheti zhargy" ("Seven establishments") of Taukeh Khan.

"Zhety Zhargy" is a set of laws of customary law of the Kazakhs adopted by the Kazakh khanate under Khan Taukeh in the 17th century. The proceedings were based on customary law - adat and Islamic law - sharia.

"Zhety Zhargy" includes the following sections:

1. Land Law

2. Matrimonial law

3. Military Law

4. Regulations on trial

5. Criminal law, establishing penalties for various crimes other than murder.

6. Act on "kun" (ransom), establishing penalties for murder and grievous body harm.

7. Law on widows, which regulates property and personal rights of widows and orphans, as well as obligations in relation to them of the community and relatives of the deceased.

According to the "Zhety Zhargy", criminal liability usually applied only to the direct culprit, however, it was widely circulated principle of collective responsibility of the community.

Death penalty was applied only in extreme cases, such as rape and theft of someone else's wife. There was no special body for the executing the sentence. This right was transferred to the petitioner.

In general, researchers point out the humanitarianism of the Kazakh criminal law.


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