Абай аты н дагы К азак у л т т ы к п ед аго ги кал ы к университет!
К азахский н ац и он альн ы й педагогический уни верси тет имени Абая
Абай атында»ы ХАБАРШЫ ВЕСТНИК «Э леум еттану жэне саяси гы лы м дар» сериясы Серия «Социологические и политические науки» № 1(41)
S А лм аты
САЯСИ ГЫ ЛЫ М ДАР ПРОБЛЕМ АЛАРЫ
П РОБЛЕМ Ы ПОЛИТИЧЕСКОЙ НАУКИ
Абай атындагы КазУПУ-шц Хабаршысы, «ЭлеуметтЫ жэне саяси гылымдар» сериясы. №1(41) 2013 ж. THEORETICALLY M ETHODOLOGICAL FOUNDATIONS OF LEGAL CULTURE O F THE SOCIETY O F KAZAKHSTAN: POLITOLOGICAL ANALYSIS G.R. Absattarov - deputy dean ofdepartm ent o f history, the candidate ofpolitical science o fK A Z N P U ofA b ai Each o f researchers o f concept o f legal culture pays attention to its sides interesting personally, various aspects
o f legal culture as socio-political phenomenon. Us the essence and political aspects o f legal culture o f the
Kazakhstan society as the legal culture of Kazakhstan citizens functions in society in close connection with its
political system, and, so interests, first o f all, and with the state, and is urged to provide realization o f diverse
socio-political interests. That is, already even as a first approximation it is possible to see that, in fact, the legal
culture o f Kazakhstan citizens as socially - the political phenomenon is closely connected with the political sphere
of public life, with politic system and with the state institutionally, functionally, standardly and world outlook.
The logic ot the proof o f interrelation o f legal culture o f Kazakhstan citizens and political, in fact, the
phenomena and processes, will be following: in the beginning public nature o f legal culture o f Kazakhstan
citizens and dialectics o f interrelation o f legal and political culture o f Kazakhstan citizens following from this
nature, then interference and interaction o f legal culture with political system o f society, with the state and civil
society will be considered.
Having studied a large number ot the Kazakhstan sources the author 1 found out that some domestic scientists
considered legal culture in close connection with political culture.
The Kazakhstan lawyers noted important in our opinion feature o f interrelation o f legal and political culture.
This feature is that in works o f philosophers o f an antiquity legal and political problems are considered in the most
In the scientific works Kazakhstan lawyers (S.Zimanov, M.Baymakhanov, S.Sartayev etc.) note that the policy
and the right along with the general principles, the coinciding purposes, a community o f historical destinies have
various socio-political functions that affects on corresponding to them to versions o f cultures. They believed that
difference o f legal culture from the political consists, first o f all, in features o f law-making and right executive
activity, formation and functioning o f sense o f justice o f the personality, in specifics o f rules o f law and legal
relationship, distributions, development and realization by people o f legal information. The legal culture not only
characterizes right executive activity, but also contains the whole set o f the political and legal requirements turned
to citizens, stores and enriches samples and ideals o f due behavior, original authority o f the law and respect for it.
Activity ot citizens, accoding to norms o f political culture, has to be by all means and an example o f legal culture,
the Kazakhstan lawyers note.
We believe that with this situation it is possible will agree. However, not all scientific practices o f the domestic
experts studying dialectics o f policy and the right, political and legal culture, find support at the author. So that
political and legal culture are inseparable from each other: high level o f political culture is impossible without an
appropriate level o f legal culture, strict observance o f the principle o f legality which is not only legal, but also
political. Thus, as the political and legal culture can be separated from each other though they and are
interdependent. In this regard it is necessary to tell that in legal culture uniqueness the right in relation to policy
and political consciousness is shown that the last, mediating the power and management relations in the society,
making a policy essence, includes recognition o f not passing value o f the right, possibility o f only those political
actions which don't overstep the bounds, allowed by the right .
Therefore, it is possible to postulate that the mass political consciousness, as a rule, approves only that political
reality which is carried out within the legislation existing in the country. As a result all possible transformations o f
the political power and a political regime, have to be accompanied objectively by change in legal system and in
total - in political culture. So, answering in 2012 in the city o f Kyzylorda a question: "In what measure you are
familiar with existing Constitution? ", 35% o f respondents answered that are familiar in general, 7% - are well
familiar, 2% - are completely familiar, 21% - at all don't know, 35% - are badly familiar. As a result it turns out
that more than a h alf o f kyzylordinets we aren’t so well familiar with the basic law o f the country, probably, even
less they are familiar with all legal system that allows to judge and quite low extent o f acquaintance o f
kyzylordinets with a political situation and with political system in the Kazakhstan state.
It, however doesn't mean that the mass consciousness completely approves actions o f the political power and
its version — the power judicial. So, on a result o f the research conducted in Kyzylorda area o f quantity and
character the address o f citizens to govern o f area, Ore President and the “
nt o f K =
i ^ P ^ b l e
to come to a conclusion that the number o f the citizens addressing with complaints and statements
b° dpoSpulation T om ^ahits'asTa^recu 1 iar indicator o f efficiency o f activity o f authorities represent the peculiar
political institute being an element o f historically developed structure o f decision-making and defining along
S s S
appointments, the main forms o f contn» o f implementation o f the made d ec .s.o n . l f ,n he we e
countries fight against infringement o f human rights from governing bodies is effectively realized, firs of all n
the form o f judicial claims, through judicial system, in Kazakhstan such bas.c (and, perhaps, universal institute
historically was and on - former there is a complaint in higher instance. Through institute o f complaints the
population and the organizations considerably can carry out institutional changes according to the interests and
U* k t h o ^ d ' b f п о ^ й Г ^ Т ^ и и к и г е o f Kazakhstan reflects an ideological and legal condition o f the
KazaMstan society tn a certain hfstorical stage, characterizes level o f sense o f justice, knowledge o f the right,
Г ° S *1 n°t 1 ri s r e gar d there is a question, what ratio o f sense o f justice and legal culture in Kazakhstan?
Legal culture o f Kazakhstan - the phenomenon wider and "qualitatively saturated", than. ^ ’^ 0 Galw ays
Kazakhstan citizens. It covers sense o f justice o f the population in unity with
should be connected with an assessment o f level o f knowledge and under*and ng w th
rpnresentations belief moods, feelings o f Kazakhstan citizens concerning the right, legality and with practical
words, the legal culture o f Kazakhstan is a unity o f legal knowledge, estimates and
Ь ^ 'Т Г х ^ ^ о Г ^ и и Т и г е ^ K a z a k h sta n is defined by level o f sense o f justice, degree o f its progressivencss. scale
a n d
d l th o f l g a l education in the country, vocational
tr a in in g
o f l a ^ , ^
political sciences legal political thinking. From here those demands which are made today to leiormed politic .
l ^ a l relaUonTof Kazakhstan. Without changes in legal, political thinking o f Kazakhstan citizens it is impossible
to carry out reform o f all Kazakhstan legal system.
It 2 necessary to tell that the legal culture o f Kazakhstan renders organizational regulating influence "'respect
o f enL T ng sciTal and positive behavior, the prevention o f negative manifestations and e . « o r . o f factors
promoting them at the solution o f socio-political problems ot any sphere and any stan ar о
She acts as a necess^y condition o f development o f democracy m Kazakhstan and the
y n e L s a ^ in order X
the Kazakhstan society there was a legahty and just.ee «um pired,
o f Kazakhstan, it should be noted and that this concept is
applicable not only individually, but also to separate professional groups, social groups, to the govemmcn
establishments m i officials. For"example, for an assessment and =
Kazakhstan in the sphere o f public administration the extreme importance gets respecting the rule о
S S 2 S o f an abuse o f power, competence, efficiency, ability to direct, security o f providing leg,tin,ate
m'A T t h e 'l m e tim ^ A e ^ le J f c d m r e oTlCa^klistan is in organic unity and interrelationvvithother arejK of
culture o f the country-political, ethical, esthetic, which norm are h
rinht The interrelation o f legal and political cultures is especially close. High level o f political culture or
Kazakhstan is inconceivable without high level o f legal culture o f the Kazakhstan society, strict observance с f the
principle o f legality which is not only legal, but also the political principle.
Addressing to identification o f a place o f different types o f human activity in legal culture o f Kazakhstan it
necessary to allocate at least the following its areas: activity directly in the legal sphere and activity ^
character, but connected with a right coverage. The understanding o f the first doesn t represent specialcom p ex ty
in the second case - mass media, literary works, painting, cinema, etc., activity in itself to legal
Kazakhstan not relating, constantly fills up its "funds".
. . , .
The legal form o f activity in Kazakhstan always assumes trial (consideration) o f !egal b u s m e s s it is c arre о
exclusively authorized on that by bodies o f the state, officials and other subjects o f the i
expressed in operations with norms o f the Kazakhstan right; it is fixed in according ^
n « *
establishment o f a number o f guarantees; it is directly connected with need o f use o f various methods and means
° f т Й e?e7entsno n e g a l culture o f Kazakhstan allocated here not completely co in cid ew ith its
characterize level o f legal culture o f the Kazakhstan society. The sense o f justice, right legal ty,
Вестник КачНПУим. А бая, серим «Социологические и политические_науки», № 1 J±1)JU 1 3 ?- -------- —
character, level, extent o f development, i.e. that does this stage by a civilization o f public progress are the content
o f legal culture o f the Kazakhstan society not simply. This contents is defined with criteria o f a political
assessment o f legal activity o f Kazakhstan .
The legal culture o f the Kazakhstan society as system is interconnected with external systems in relation to it,
and also with system o f higher order in which it is included. There are no doubts that functioning o f legal culture
of the Kazakhstan society is determined, finally, by system o f the political, social and economic relations. This
determination o f legal culture o f the Kazakhstan society causes to life its such function, as legal support o f process
o f formation o f new Kazakhstan statehood.
The content ot the specified function changes on a measure tasks at this or that stage o f reforming o f the
Kazakhstan society. This function can be implemented various ways, including thanks to formation at the
Kazakhstan population o f legal knowledge, belief, habits, etc., providing their lawful, socially active behavior in
the legal sphere. Here development o f skills o f legal activity o f citizens and society as a whole, reforming o f all
legal system o f Kazakhstan is important also. Most likely, it is one o f the main functions o f legal culture o f the
Kazakhstan society today.
Other functions o f legal culture follow from it also from which it is possible to distinguish: development and
transformation o f legal reality (informative and converting, valuable and standard, right educational,
Informative and converting function o f legal culture o f the Kazakhstan society is connected with a problem o f
creation o f the constitutional state. The knowledge o f legal reality o f Kazakhstan assumes the accounting o f those
crisis processes which proceed in economy, policy and society. The begun reform assumes also use o f
opportunities o f such function o f legal culture o f the Kazakhstan society as development and transformation o f
Valuable and standard function o f legal culture o f the Kazakhstan society is directed on ensuring steady,
harmonious, dynamic and effective functioning o f all elements o f legal system o f Kazakhstan. The legal culture is
connected not only with reflection o f legal reality, but also with active return impact on it. This function o f legal
culture is realized by means o f the rules o f law which assimilation is necessary for each citizen for successful
adaptation within the state. The standard party o f legal culture o f the Kazakhstan society includes a wide range o f
requirements which arc shown to an inner world o f the Kazakhstan citizcn, his moral and legal qualities,
knowledge, legal belief, etc.
Valuable and standard function o f legal culture o f the Kazakhstan society covers the various phenomena and
the facts which gain valuable value, being reflected in human acts, socio-political institutes, etc. Proceeding from
it rules o f law, other components o f legal culture o f the Kazakhstan society act as objects o f an assessment. On
this basis in science, the isolated theoretical direction - a legal axiology” was created .
Its realization begins when the estimated relation o f the identity o f the Kazakhstan citizen to result, the purpose
o f its actions directed on change o f surrounding legal reality, to standards, the examples o f behavior provided by
rules o f law, to behavior and activity o f other persons is studied. The estimated reality in legal culture o f
Kazakhstan consists in "change" by the individual, socicty o f the right, legality, a law and order, legal relationship,
the mechanism o f political and legal regulation, by comparison to the corresponding political, legal values.
Educational function o f legal culture o f the Kazakhstan society is expressed in formation o f legal qualities o f
the identity o f the Kazakhstan citizen. Transformation o f legal instructions, rules o f law into a habit, in the natural
regulator o f activity o f the Kazakhstan citizen o f the citizen assumes that they are acquired by the personality the
Kazakhstan citizen, became her internal belief. It is possible to judge extent o f assimilation o f rules o f law on real
behavior o f the Kazakhstan citizen o f the citizen in various legal situations. In this sense the culture o f legal
activity o f the identity o f the Kazakhstan citizen is culture o f her behavior in the legal sphere.
The personality in Kazakhstan has to be characterized by pronounced legal orientation, knowledge and
understanding o f the right. The legal culture o f the Kazakhstan society has to promote formation o f legal culture
of the identity o f the Kazakhstan citizen, respect for the law.
Inherent in legal culture o f Kazakhstan ideals, rules o f law, the principles, traditions assume consolidation of
members o f the Kazakhstan society, concentration o f their efforts to the solution o f problems o f creation o f the
constitutional state. The legal culture o f Kazakhstan provides socio-political unity o f people. She allows not only
to cany out legal communication between citizens, but also to regulate their relationship in the legal sphere.
From our point o f view, in post-socialist Kazakhstan basic values, the principles and norms o f the modern
democratic civilized legal systems creating conditions for civil identification and civil self-realization start being
implemented. These principles and norms are stated in the Constitution o f the Republic o f Kazakhstan , in
constitutional, civil and other branches o f the right.
Абай атындагы К,аз¥ПУ-нщ Хабаршысы, «Элеуметпик жэне саяси гылымдар» сериясы, №1(41) 2013 ж.
Вестник КазНПУ им. Абая, серия «Социологические и политические науки», № 1(41), 2013 г. T he legal culture o f K azakhstan, thus, expresses in essence socio-political com m unication and interaction o f
the individual, the state and society, and in this quality such assessm ent acts as the politological characteristic o f
legal culture o f the country. T here is m ore. T he legal culture o f K azakhstan in essence acts as expression,
reflection as essence o f th e contents and functions o f the constitutional state, and result o f im plem entation o f legal
policy o f the R epublic o f K azakhstan at the heart o f which political and legal education o f th e population lies.
1. See: Sozialphilosophische, politische undrechtlicheAspekte der ModernisierungKasachstans.-Berlin, 20I2.-S. 136-141. 2. Абсаттаров Г. P. Правовая культура населения — важнейший фактор совершенствования правовой политики Республики Казахстан //Вест ник КазНПУ. Серия социологические и политические науки. - 2012, - №2. - С. 151-152. 3. Констиуция Республики Казахстан. -А ст ана, 2008. - С. 4-15; 41-47. ТуШн
Макапада саяси гылымдарда жете зерттелмеген казакстандык когамныц кукыктык мэдениетшш саяси acneicruiepi
В статье рассматриваются политические аспекты правовой культуры казахстанского общества, которые в
политической науке еще не изучены.