S.Z.Zimanov The Kazakh biy court is the common cultural value

I had a conversation with my colleague, who I had known for many years. He is a professor of law and chief of the department in one of the Moscow research institutes. He is famous specialist on the state power. I informed him that we are going to organize International Scientific Conference at the second half of 2008 year in Almaty which will be taken under the title «The Kazakh biy court is the unique judicial system». He has known that I have been working on this problem last ten years and I am the supervisor of the research project «Qazaqtyng ata zangdary» — «The ancient world of the Kazakh law» which is consisted of 10 volumes and eight of them were published, the remain two will be published in 2007 — 2008 years. He said:

— I realize that you want to present the scientific publicity the biy courts as the cultural value of the public importance which existed in the medieval Kazakhstan?

— You have guessed — I answered, — our researches and investigations showed the originality of the Kazakh law system «Jarghi», the most valuable features of which in the context of humanity notion were represented in biy courts.

— This the most serious and responsible task. Most of the scientists including lawyers will be critical towards to this problem. There is necessary to have true facts, the main is analyses and fundamental concept of your thesis — proposed my colleague.

— Our task on this stage is characterized by the conceptual scientific hypothesis about the wide importance of the Kazakh biy courts which is the theme of the open public discussion and exchange of opinions among the specialists on this problem. Of course, we insist on this because these are our principle arguments and reasons, — I replied.

My colleague warned me the following words:

— Over twenty best lawyers of Rome spent more than two centuries to form and present the system of the Roman law as the unique judicial system with concrete conceptions and qualification of law. You begin it with fewer arguments and during the transition period when we have not escaped the «class» approaches to the historical legacy.

I explained:

— We are not going to compare the medieval Kazakh nomadic society law system «Jarghi» with Roman law system. The quality and formal differences are large between them and probably incomparable. However, the Kazakh biy court is so advanced and systematic that it has its own «development». There is no necessity to think or idealize new facts which are unknown to the court. There is necessity to release them from the thousands ruins, to tidy them from dust and to form the biy-court in its original form. Roman lawyers developed legal concepts which are adequate to the large and particular but valuable legal experience which were preserved during the many scaled development of relations of the private property in its primary forms. The biy courts were dfferent in the system of relations, by its role and place, by its principles and tasks of activities. The concept about them was developed in the social conscience and was linked with the biy courts as the condition for existence and activity. Roman lawyers developed introduced prepared, exact formulations of the legal standards and concepts and the Kazakh legal system consisted of delicate and brief, meaningful and rhythmic legal-regulation standards and concepts which were easy to remember and recite. All these assist to study the scientific development of the problems of the Kazakh biy court.

At the end of our conversation my colleague asked:

— How do you estimate the difference in the legal aspects of the justice of the Kazakh biy courts' concepts and existence from that which was developed by the Roman legal system?

— The basic nature of the biy courts and those standards and concepts defining its activity and responsibility were formed by the valuable morality standards which were developed to solve conflicts more in the context of assistance to the human and peaceful standards of life because these concepts showed the impartiality and fairness of the biy-judges and their loyalty towards the ideals of stability and unity of the ethno-cultural society. The concepts about tangible aspects and wealth in the Kazakh system of law «Jarghi» and in the biy courts were the questions of the second plan only after the concepts about the moral basic of the life. The biy courts were more moral and more democratic consequently more national. In this occasion the biy courts were the legal system of common civilized purpose.

I

It is difficult to understand for a stranger and ill-informed one that based on the high morality principles Biy courts could be formed and existed in the nomadic society of the Kazakh which was considered as medieval and shepherd. Russian scientist —orientalist, Professor Grigoriev V.V., one of the authoritative researchers of the history, life and existence of the nomad Kazakhs, stated that such presentation was mistaken and wrote about the Kazakhs: «Кочевой быт считают обыкновенно несовместимым с каким-либо значительным развитием экономическим и интеллектуальным. Но это едва ли основательно». «Nomadic way of life is considered simply incompatible with some considerable economic and intellectual development. But it hardly could be the reason». In his opinion the thorough study of the Kazakh life convince «fine features» of it1.

As we mentioned above Professor Grigoriev V.V. is considered by the contemporary scholars as the most competent researcher of a number of political and cultural aspects of the history of Kazakhstan. He presented biy courts several times in his works. He relied not only upon the archives materials of the Central state establishments of the Russian country. He had been the governor of the tsar administration of the management of the western part of Kazakhstan in Orenburg city (he was the Chairman of the boundary commission — the administration was named so at that time) for 10 years. He knew the Kazakh language fluently, communicated with the famous people and visited the distant steppe regions and the most important thing in his behavior was that he had impartial and respectful relation towards the nomadic way of life, the beliefs, traditions and customs of the local people. We can state that Professor Grigoriev V.V. had a deep knowledge and analytical concept about the political and social organization of the interior life of the nomads. He read all the Russian and European literature devoted to the description of the Eastern part of Desht-Kipchak — three Kazakh juzes and expressed critical attitude towards these notes, in one of his works devoted to the comparability analyses of the history of eastern Turkic nations, which was published after retiring from the state office in Kazakhstan and when he began to make scientific investigations, he wrote about the Kazakh society: «У киргизов (казахов —С.З.) такое превосходное судопроизводство и такие порядки следственного и судебного процесса, каким могут позавидовать многие издавна цивилизовавшиеся народы». «The Kirghizs (the Kazakhs S.Z.) has such excellent legal proceedings and such orders of investigation and litigation to what civilized people can envy»¹⁶

Having the admirable expressions about the biy courts not from the part of Russian scientists most of whom served in the main bodies which administrated Asian ifairs and promoted the colonial policy in Kazakhstan and alongside with that from the part of a number of simple officials who served in the bodies of the tsar administration in Kazakhiya, you for the several times justifies the words of the Russian scientist- orientalist, educated by the European culture, Professor Grigoriev V.V. about the biy courts that «позавидовать многие издавна цивилизовавшиеся народы» — «most civilized nations could be envy them, these biy courts».

The ideas, estimations and opinions of the prominent well-known representatives of the national culture are of great interest, especially of those who lived and worked on the boundary of two centuries — 19th and 20th centuries when not only the national memory about the biy courts was very fresh, but there were alive some of the flowerers of «old» biys who were eager to remind old times and memorable history. So their ideas, opinions were very valuable, we can say, of great importance because they were the witnesses of some separate old biys and the legal system of the Tsar Russia and the Soviet state.

Russian orientalist academician N.Veselovskiy wrote about Chokan Valikhanov (1835 —1865) the prominent Kazakh scholar in 1904 year: «Русские ориенталисты единогласно признали в лице его феноменальное явление», «Russian orientalists admitted unanimous his wonderful notes about biy courts as phenomenon feature. There were wonderful extracts about the specific development of the Kazakh society and merits of biy-judges in the large article «А court in its ancient national form» which was prepared in Kazakhstan for Russian administration. There are some fragments from that: «Народ наш имеет богатую и не лишенных поэтических до¬стоинств замечательную литературу, более близкую к индогерманскому эпосу, чем к восточным произведениям этого рода. Наконец, что всего важнее, формы нашего общественного развития находятся в том самом безыскусственном периоде, когда они представляют наибольшую аналогию с результатом высшего, культурного развития». «Our people have rich and wonderful literature with some merits which is much closer to Indo-Germanic poetry than to eastern literature of such kind. At last, and most of all, the form of our development is in such ingenious period when it mostly presents analogy of higher, cultural result of development.» One of such social forms of the mode of life of the Kazakhs was the biy court which was estimated as «the highest cultural development» in comparison with the European one. He mentioned: «Бии формально никем не избираются и формаль¬но никем не утверждаются, значение их основано на частном авторитете, кото¬рый приобретают они так же, как в Европе поэты, ученые и адвокаты. Шекспир и Гете считаются всеми за великих поэтов, но именно гениальность их основана не на декретах правительств и не на формальных выборах народа». «А biy was not chosen at random or appointed formally. His prestige was based on his private authority, which he acquired like European poets, scientists and lawyers. Shakespeare and Goethe are regarded as the great poets by everyone, but an opinion of their genius is based not on government's decree and nor on the people's formal elections». It is not difficult to guess the meaning of the expression «namely the genius» was referred to the biy courts. It is also important that by the opinion of Ch. Valikhanov the biy courts was remained the same as they were «thousands years ago» in the middle of the 19th century, and changing internal and external factors «could not change its ancient and simple forms» .

A wise man and connoisseur of the Steppe laws, an outstanding Kazakh poet Abai Kunanbayev lived in the second half of the 19th and in the beginning of the 20lh centuries when the great steppe had the last century of the last representatives of old biy-judges, the admiration of people not weakened on the contrary in raised up such height in comparison with the Russian court. He regarded to take the responsibility of the national public judge and to facilitate the position and situation of his relatives and country-fellows from the punishment of local officials and from «the new biy- judges». He did not decline the suggestion of his country-fellows to be a biy-judge in their litigations. He demonstrated national and democratic features of the «ancient» Court which was fulfilled by biys and gained a wide popularity as wise and fair biy- judge. He was elected as Tobe biy (the Supreme biy) in complicated public legal proceedings. His decisions and authorities as a judge became popular among the people. Today we know more than fifty resolutions which he passed during his court processes by the «ancient» regulations. Some of them had important value for judicial precedents of his followers — for «national» judges and liberal governors. There are kept his original notes about biy courts. Abai wrote: «Да, безусловно, — писал Абай, — наши предки уступали теперешним людям в образованности, учтивости, ухоженности и опрятности. Но обладали они двумя достоинствами, которых у нас теперь нет». «Yes, certainly, our ancestors conceded to present people in erudition, courtesy, accuracy and neatness. But they possessed two advantages which we haven't at present». By his opinion the first advantage was — the biy courts.

This solved litigations, governed the life of the society». They treated elected biy-judge with respect, listened to his advices and made all his orders. At that time even the influential people did not cross the limits of prudence.» The second advantage of the ancestors was — «People preserved and valued the unity with sacrifice». Abai wrote: «At that time a prudent spirit of unity and concern about the honour were maintained by the nation's firm, honour and valour. We lost them». For the question what kind of judges were biys, Abai answered: «Not everyone could make a verdict. In order to had the council on the «top of the Kultobe» (he considered the council of biys at Tauke khan's time, 12th century) it was necessary to know all the law and regulations which were left by our ancestors, Codes of Kassym khan, Codes of Essym khan and «Seven Statutes» of Tauke khan .

The well-educated, enlightener, one of the active fighters for freedom and independence of the Kazakh nation Akhmet Baitursynov (1873—1938) named one of his articles «Burynghy adil biyler» — «Those fair biys» which he had written before the October Revolution of 1917 year. It was published in the conditions of tsar censorship and in the years when it was under the persecution for the critics of the tsar administration colonial policy and reforms in Kazakhstan. As the expression about biy courts was enough authoritative and true we decided to give an example from that. He wrote the following about biy courts in Kazakhstan before the tsar colonists: «Narodniy sot degenimiz qazaqtyng qadetindegiqaridalar boynsha aitulatyn bulik. Burynghy adil biylerding qolyndaghy bulik qazaqtyng neshe turli dertin jazatyghyn bulik edi, bugingi aram biylerding qolynda dari bolmaq tugel, uy bolyp jugip tur... 1822-shi jyl ustav shyqpastan buryn qazaq biyligi (soty) ozinde edi, sailanghan biy joq, qazaqtyng qadirli, qalykh qalaghan biyleri biylik aitushy edi. Biyge eki jaghy kelip juginip, biylik adil sanalyp, ony buzamyn deu bolmaushy edi. Qazaqtyng mundai biyleri ilude bireu bolmasa, quanta biylik aitpayshy edi» . «То, что мы называем на¬родным судом — это есть правосудие, основанное на казахских законах. Это правосудие в руках прежних биев было настоящим «лекарством», лечащим все-возможные недуги казахов, а теперь оно в руках современных биев (речь идет о назначаемых биях Царским правительством — С.З.) не только не стало «лекарст¬вом» — оно стало отравой. До введения Устава 1822 года (Законодательство России, по которому была отменена ханская власть в Казахстане — С.З.) казахи сами творили свое правосудие и справлялись со своими ослушниками. Тогда бии не избирались, правосудие осуществлялось биями по выбору народа. Стороны сами являлись бию, просили его суда. Правосудие бия было справедливым и никто не помышлял его оспорить. Такие казахские бии, за отдельными исключениями, не выносили неправосудные решения». — «What we call the national court is the justice based on the Kazakh customary law. That court on the hands of previous biys was the 'medicine' which cures from all kinds of diseases, now it is on the hands of modern biys (the speech is about that biys who were appointed by the tsar administration — S.Z.) not only the 'medicine' but it becomes a poison. Before the introduction of the Statute of 1822 year (A Legislation by which the khan power was abolished in Kazakhstan — S.Z.) the Kazakhs functioned its judicial power by themselves and accused the entire criminal by its own laws. Biys were not elected, justice was made by biys who the people had chosen at that times. The parts arrived to biys and asked him to settle the conflict. The justice of biy was fair and nobody obey it. Such biys never made unfair verdict or sentence».

Satpaev Kanysh Imantayevich (1899 — 1964), the first President of the national academy of Sciences who had headed it for 20 years, the largest geologist and connoisseur of the history of Kazakh culture named one of his earliest article, which he had written as a student of Tomsk University, «Biyde qyryq kisining ary, bilimi bar» — «Biy possess the knowledge and conscious of forty men». He characterized Kazakh biy as the persons with special status and who deserved the respect of the people «For true sentences and decisions based on the 'fair laws» — «Tura sozdy 'adil jarghygha' sansyz adamnyng batasy tumekshi». By his words biy was more valuable than the khan in the Kazakh society: «elde qashanda khannan gori biyding qadir-kuesi bassym bolady». Khans-governors, despite they were descendants of the powerful Chinghis khan dynasty and made the most influential number of the clan, they must take into consideration the influence and authoritative of biys in the society because without their influence they became powerless among the nation: «Khannyng arqa cuyeyi jarasymdy biymwen tabylady. Biysiz khan ongbaydy, khandyqpen Qatar qyraghy biylikte bir jerge bass qossa, ondai khandy elde suyedi, umytaidy, shezhiresin, atyn qaldyrady...El ishindegi rulardyng kosemi-biylerdi ishine tartyp qybyn taba almaghan alangghasar, anggulik khandar khan bolyp ta tura almaydy». «Вии были опорой ханской власти. Хан без биев не заслуживал уважения. Хан предвидящий, отправляет свою власть вместе с умудренными биями, уважаем народом, незабываем и оставляет свое имя в родословной истории». «Biys were the support of the khan's power. Kahn did not deserve a respect without biys influence. A khan who made his power with the help of wise biys would be respected by the people and he would never be forgotten and his name would be written in the history and annals of the nation» .

III

The following generations who lived after the epoch of glorious of biys including the modern generation, they have not give up their admiration and proud of those biys who were the signed marks of the best traditions in the history of intellectual and political culture of Kazakhs.

There was constructed a park in the natural boundary of Ordabassy in the Southern Kazakhstan for the memory of three greatest biys-judges of the 18th century Tole biy, Kazybek biy and Aiteke biy in 1993 as the respect. In his speech the President of the

Republic of Kazakhstan which he said at the celebration devoted to the opening of this steppe monument: «Three biys managed to suggest the great truth to the nation, who lost the unity on the boundary of the history that would lost the life. Three biys managed to calm down brave batyrs of three juzes and to collect and unite the nation. The wisdom and forecast of three biys were of great importance at that time... They became a lasting symbol of unity for the Kazakhs; their passionate speeches have seized minds of descendants, as sayings from sacred books».

The Kazakh justice fulfilled by biys had the best sides of value and ideals of the medieval nomadic society of the Kazakhs. It was not thrusted upon them neither by the khans nor by the others and was not the construction to the foundation of the Kazakh society. It had the deep roots in the society and embodied its existence and specific of its development. The formation of the Kazakh nation on the historical arena of the Central Asia as separate ethnos with its own statehood was connected with the ideals of freedom and liberty, democracy and sovereignty of the people. These peculiar features of the genesis of the Kazakh nation are discussed in details in other articles included into this section.

Biy's judicial law mostly expressed subject and concentrated ideals of democracy and sovereignty of the people in its main part, principles, essence of organization and activity which was available and characteristic in the frames of organized nomadic society of the medieval ages in one hand, and in the second hand it mostly leaned for the standards of high human morality. The last quality represented the specific of biy's justice and defined its place in the national scale. In this context biy legal system determined its social-economic basis choosing and introducing human values and giving it major importance in its activity.

The originality and conclusion of the results of biy courts, its activity and intention of its activity were determined by standards of morality which became the common-imperative regulations. Tangible, regulation-legal processing standards for biy courts were the tools of achievement of common morality objectives.

The concept «Аг» which can be translated «honour» or «conscience» was the most important in morality imaginations of the Kazakh-nomad and in the justice of biys. It was apprehended by the Kazakhs as natural attachment of their life. For example: «Malym janymnyng sadaghasay, arym malymnyng sadaghasy». — «The material values should serve morality, and in morality honour is the main thing». Some authors translated it: «Sacrifice your wealth for the sake of life, sacrifice your life for the sake of honour». There is another expression: «Mai saqtama, ar saqta». — «Take care of your property and not to forget care of your honour». That national, common morality became the part of the law regulations which were the directions for biy, khan and aksakals courts: «Jigitting kuny juz jylky, ary myng jylki». — «The penalty for man's murder is 100 horses but his honour costs 1000 horses». A biy was considered the bearer of the concept «аг» — honour and conscience. It was characteristic feature for a biy: «Khanda qyryq kisining aqyly bar, biyde qyryq kisining art men bilimi bar». — «If a khan has got a wit of forty men, then a biy has got a conscience and knowledge of forty men».

After the concept «Аг» — «honour», there was another concept «Uyat» — «Shame», which had not only the human but lawful meaning. It there was an expression among the people: «Olimnen uyat kushti» — «The shame is worse than the death», or «Bar baryn jeidi, uyatsyz aryn jeidi» — «The normal people are pleased with what they have, only the people who have not any shame can sell their honour». In the Kazakh law «Jarghi» on which biy court was based, there were such regulations: «Uyatsyz jalghan» — «Only shameless person can give false evidence»; «Uyatsyzdan ant surama» — «Shameless person cannot be appointed as takers of an oath». The meaning of this regulation is: according to the rules of the legal proceedings in the cases of absence of evidence or less evidence for establishment of the guilty of the defendant, the biy-judge proposes to take an oath as one of the means of proof, appointing one of the participants from the honourable one to take an oath by the agreement of parts and all the parts of the trail should express their trust to this person. The regulation «Uyatsyzdan ant surama» warns not to make possible mistake preventing from that «shameless person cannot be appointed as takers of an oath».

In each social-cultural society such concepts as Honour and Truth are the main standards for interrelation of people, groups and communities. However, in relations between the authority and government these concepts can be declarative and formal. Biy courts officially and publicly declare the concepts «justice»- «adil,adildik», «truth» — «shyn, shyndyq» as the principle criteria which they obey and manage during their legal proceedings and decisions. These are expressed in the regulations; «Aq pen qarany shyndyq aiyrar» — «Only the truth can dffer what is white and what is black»: «Soz shynyna toqtaidy, nyshnaq qynyna toqtaidy» — «If the truth is found there is the end to the word»; «Shynnan ozge qudai joq» — «There is no God higher than Truth'. By the ideals of the nomads-kazakhs the highest representatives of Fair and Truth were biys and biy courts. This is expressed in the following: «Adal biy-adil biy» — «А biy educated in honour is a fair biy». «Tura biyde tugan joq, tugandy biyde iman joq», which means «А fair biy should not have relatives in court, and if he does not obey, then he lose his fairness»; «Turashul biy elin ozdyrady, tumashyl biy elin azdyrady» — « A fair biy will lead his nation to the prosperity, a biy who concerns about his relatives will lead his nation to collapse». The following words were attached to the famous Tole biy from the senior juz (17th — 18th centuries): «Turaly biyde tughan joq, parlay biyde iman joq» — «А fair biy should not have relatives in court, and if he distinguishes between strangers and relatives, then he is immoral». This expressin has another variant; «Adilsiz bolsa biy ongbas, ayelsiz bolsa uy ongbas» — «А fairless biy is miserable, womanless house is miserable».

Mentioned morality and regulatory principles and establishments, which were characteristic for biys as the bearers of judicial power and justice of biys, had the certain tools of realization from which the ideals of legal proceedings depended. They were united in «Aqyl — soz qudrety — zangdyldq» — «Mind — holy word — lawfulness» each part of which had its own special definition adequate to the conditions of medieval nomadic society of the Kazakhs. These three words are considered to be connected criteria of the activity of biy-judges. Biy-judges must take into consideration these three words because they are the necessity condition for materialization of the morality of Fairness and Truth. These concepts have real, human meaning. They are so important and necessary for the justice of biys, that that put in the one line with fundamental factors. Mind (aqyl), the form and perfect level of thinking, is considered as the ability to think in details the reasons of the considered feature and connections of its constitutions. Mind is the basis of each creative activity, and judicial activity is also one of its activities. Simple mind which is necessary to think is ordinary ability of the most ones. Biy-judges of the nomad- Kazakh community had the highest mind in understanding of that epoch and of course only biys can be representatives of it.

In the notion of Kazakhs the word «soz» — «word» had a magic meaning. It was appreciated so high that it had a great importance in the public relations. It is shown in the national expression: «Aqyl korki til, tilding korki soz» — «Mind realizes itself in tongue, and tongue in word». The Kazakhs always understood the concept «soz» as one of the clever beautiful speech, which had its own power. It was considered as an art. «Oner aldy qyzyl til». — «А tongue is the art of all arts». Wealth and poverty, happiness and grief, tangible rich and others are connected with «soz», its activity, energy and function. It is expressed in the probates: «Jaqsy soz jarym yrys» — «А good word is a half of the fortune».

The highest level of «soz» is admitted to consider the eloquence and of course the first bearer of it was a biy-judge. «Soz» was his main tool and magic solution role of the «Soz» was presented at a biy court. In the system of material and legal standards, regulating the activity of biy-judges, the essence and role of the «soz» — eloquence played an important role because biy-judge had to master it very well. Yes, of course it was the first condition probably the main, in achieving and getting the rank of a biy. Let's see some of the standards:

1. «Soz tspqangha qolqa joq» — «Who speaks well that is a winner». This expression had regulation meaning. It was used during the legal proceeding in order to acquit the guilty if his logic of speech was accurate by its form and meaning.

2. There is another expression: Soz juesin tapsa-mal uesin tabady» — «If the word finds its master then the animal finds its owner». From this expression we can see the priority of a word before other means of evidence. In arguments concerning the property that person became a winner who made a good speech, so «soz» became a winner. Such kind of interpretation of the regulations was prevalent in biy-courts. In the epithet: «Dosy otkirdi jau almas, sozi otkirdi dau almas» — «who has the good friends that is never conquered by enemy, who has the good speech that is never sentenced by court».

3. The Kazakhs highly appreciated the meaning of «Soz» in the public relations and in the court and often confirmed it giving examples from the authoritative ancestors, the legacy of that was the duty for the following generations. There is a proverb about it: «Ataly sozge arsyz jauap qaitarady» — «Only the silly person can oppose the words of the famous ansectors». If to take into consideration that biy courts were guided by common law standards and precedent solutions and sentences of authoritative wise men including the famous biy-judges of the previous centuries, then the regulatory meaning of the given text could be clearer. The proverb which was entered to the conscience of the nation: «jon sozge toqtamaghan arsyz» — «who disregards the wise word that is conscienceless» expressed the common position of the meaning of the morality and leadership of the «Soz».

An ideology of the Kazakh nomadic society was formed to express the specific role of the «Soz» — eloquence, as the main tool of the existence of the nation, and first of all biy-judges owned that ability. It also made great demands on biy-judges. There is an example for that: «Erding quny eki auyz sozben bitedi» — «А conflict about the fine for murder id solved in two words» — that was the activity of wise biys. A biy- judge playing an intermediate role in the legal process must understand the necessity of the last sentence of his verdict. He must also remember the establishment: «Toqsan auyz sozding tobyqtai tuyini bar» — «А long sentence must end with brief solution». And he had to persuade and proof by a short sentence, and there is an example of another one: «Tilmen tuygendi, tispen sheshe almas» — «Formed by words cannot be destroyed by teeth». The sentences of biy courts were presented in such way.

The Kazakhs called biy-judges for their personal ability and talent with specific titles: «Ot ayuzdy, oraq tildi» — «Fire mouth and sharp tongue» which meant that they had an ability of eloquence. But not all the biys were raised up to that position. That is expressed in the following; ««Batyr degendy eki qatynnyng biri tabady, biy degendy ilude bireyi tabady» — «Either of two women can give birth to a hero but a rare woman gives birth to a biy»: «juzden bireu sheshen, myngnan birey biy kosem» — «From a hundred only one is an orator, from thousand only one is a biy-leader».

The excellent thing of main purpose of the biy justice of the medieval nomadic Kazakh society, according to its ideology was the reconciliation and armistice of sides taking part in the court notwithstanding the complicated relations of the sides. There existed an establishment standard: «Daudyng tubi bitu» — «The reconciliation is the end and objective of all litigations».

The Kazakh biy court was formed in specific features than in other Turkic- speaking countries and khanates of the Central Asia. It had the liberty of nomadic character connected with development of vast favourable meadow-pastural territory laid upon the banks of the rivers Syr-Darya and Amu-Darya in the south up to the Siberian area in the north, from Jounghar gates and Semirechie in the east up to the Caspian Sea and the Volga River in the west. Nomadic encampments and the routes of nomadic movement of the Kazakh people lasted in one direction for hundreds and even thousand miles. Firstly, the nature and space became closer and nearer for them. Secondly, under the name «Kazakhs» historically gathered, formed and lived ethnic groups of Turkic origin, who separated, truly did not admit the authority of governors that made the wars and conquers of foreign lands as their main way for existence and also propagated the culture of the settled population, Moslem religion as the support of their authority. In these conditions the groups who liked freedom of nomadic life moved for the distant territories and settle to the boundary territories of the khanates and declared themselves as the free «refugees» with considerable indications of free self-determination. Thirdly, the formation of the Kazakh nomad society happened only on its own personal basis during many centuries and in the force of that nomad society got a large stability. And that caused to determine the establishment of interior policy and regulatory standards of behavior, which was admitted as a must and necessity by the population. It was very difficult and impossible to destroy the conservative way of life of the nomad society and nomad thinking. It could explain the disadvantages of khans, sultans and hodgas who settled isolated in little encampments in the steppe zone and distributed the dogmas and rules of Moslem law and religion among aul (village) Kazakhs in order to make them urban settlements. Fourthly, the way of life which was mainly accustomed to the spirit of natural freedom and free relation and communication assisted to the formation of positive morality and social- cultural values among the Kazakh nomad society. The Kazakh biy court had the best democratic and morality traditions of the Kazakh nomad society represented the historical- national and common-cultural values.

The court is one of the main state establishments of all countries and of all centuries not depending on its forms. The role and essence of it so huge that all the classes of population, political and public authorities, privileged and ordinary citizens, rich and poor people are interested jealously in it equal level. The matter is that the court is the authority by its nature, because people go the court to solve their problems, conflicts which they could not solve without help of another person and the court sentence a verdict which touched the small and large fates of the people and even the humanity which is a must for all. Everything depended from the solution of the court, beginning with positive and negative emotions and ending with death or life. In this occasion a court can play conciliation or destroying role in the life of the society and political system. It depended on the level of relation of court with people and society. The history of the nation gave a lot of examples when the political and social-administrated classes had usurped the courts and had turned them to their establishments — the bodies of their policy and interests. At the same time the history of the humanity gave another example of the facts when the most of the population influence the social life of the community and country or recognize them, then courts become democratic establishments by its formation and activity which make the balance of interests of different groups of the population serving for the upper and lower stages of the society and they fulfill the stabilization role in the political cultural environment. This kind of court is recognized and promoted in the contemporary times. All these were in last but the history repeated in its new conditions.

The Kazakh biy court represents the most democratic form of the judicial power; the main purpose of its activity is priority values of the morality principles and imperative regulations which present the nature and tendency of stability and nationality in the social-political system.