Image and Realities
Edited By Aydar Amrebaev, Hans-Georg Heinrich, Ludmilla Lobova and Valikhan Tuleshov
Zhangazy Karimovich Kunserkin, The Judicial and Legal System in Kazakhstan: Modern Requirements and the Approach to International Assistance
Introduction The Republic of Kazakhstan gained independence on 16 December 1991, and, at the same time, complex and institutional-political, and so- cio-economic and legal reforms took place in the country. Earlier, in the period of the USSR, Kazakhstan had a legal system which was based on the communist ideology, and the priorities of this legal system were the interests of the socialist state and the ruling communist party. Furthermore, human rights and the principle of rule of law were ig- nored. The Soviet legal system and socialist legality were characterized at vari- ous stages of its history of mass extra-judicial repressions of citizens on class, religious, political and ethnic grounds. There is no doubt that, un- der certain historical conditions, the Soviet system of justice, taking into account the previous negative experiences and challenges of the time, did not permit large-scale violations of laws and human rights. I.e. a system of effective crime prevention which ensures judicial and prose- cutorial control of compliance with the law upon the administration of jus- tice, was provided, which guarantees citizens protection from unlawful prosecution. However, the Soviet system of justice was inherently vicious and does not provide for impartial, objective and fair trials. There is no doubt that, with these starting conditions, the new Kazakh national sys- tem of legal proceedings and court organization is in need of a speedy reformation and radical change in the fundamental principles. The pur- pose of legal reforms was the formation of a judicial system which would...
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