Akhmetov A.S. Legal culture of the republic of kazakhstan as the most important condition of democratic state and civil society development

ПРАВОВАЯ КУЛЬТУРА КАК ВАЖНЕЙШЕЕ УСЛОВИЕ РАЗВИТИЯ ДЕМОКРАТИЧЕСКОГО ГОСУДАРСТВА И ГРАЖДАНСКОГО ОБЩЕСТВА

Keywords: legal culture, legal upbringing, legal education, civil society

Ключевые слова: правовая культура, правовое воспитание, правовое образование, гражданское общество

This article is devoted to analysis of civil society legal culture. The purpose of the article is to highlight valuable reference points of legal culture of the Republic of Kazakhstan in the process of democratic state development

Данная статья посвящена анализу правовой культуры гражданского общества. Целью статьи является выделение ценностных ориентиров правовой культуры Республики Казахстан в процессе развития демократического государства

In the conditions of social and economic, political transformations in the Republic of Kazakhstan, it is very important to provide process of respecting the rule of law, decisions accepted by the government and to provide implementation of legal acts. Development of legal culture directly depends on the rule of law and legal education. In order to develop legal culture collaboration of the state and society, the mass media and each citizen is needed.

After achieving independence Kazakhstan became an example of carrying out successful economic, political and social modernization for other countries of the former Soviet Union. Possessing enormous natural riches, intellectual potential of the population and increasing political activity, Kazakhstan can enter the number of fifty most developed countries of the world in the next few years.

Nowadays it’s becoming more and more obvious that the most successful and effective solution of the political, economic and social tasks, which the state is facing, is almost impossible without level rise of society legal culture, raising each citizen to have the deepest respect for standards of law and its norms, and citizens’ readiness to actively develop legal culture.

The Republic of Kazakhstan systematically pursues the legal policy which main task is creation of the democratic state. In this direction the great value has, for example, the Decree of the President of RK from August 24, 2009 «About the concept of legal policy of the Republic of Kazakhstan for the period from 2010 to 2020». This Concept is an important system document that defines the main directions of the national right development, improvement of structure and functional methods of law enforcement and judicial bodies, bodies of the state supervision [1].

In the Concept of civil society development in the Republic of Kazakhstan for 2006-2011 the role of civil society is accurately defined: «development of civil society is an important condition for creation of the democratic, secular, constitutional and social state. Public progress, democratic development, economic recovery are possible with active participation of citizens in all important spheres of social activity» [2].

Priorities of the Republic of Kazakhstan are characterized by political stability and interethnic agreement which is expressed in interethnic consent. In this process steady, balanced in all the elements and structures and at the same time, dynamically developing society, assumes a legal form of harmonization of the personality interests, separate social groups and the state (society) as a whole. As scientists note, the solution of democratic transformations of legislative ensuring problem in polyethnic and multicultural Kazakhstan is caused by creation of legal mechanisms of ethnic group interaction regulations. It is obvious that legislative activity should be carried out taking into account national traditions and the titular nation; dominating in the society of a right understanding paradigm; all-democratic, humanistic norms of a civilized law and order. Thus, the analysis of legal consciousness features of ethnosocial groups of the Republic of Kazakhstan should become a conceptual basis for development of humanistic essence realization models and standard and regulatory functions of the right in specific conditions of Kazakhstan; development of practical recommendations about formation and improvement of legal culture of the Kazakhstan citizens directed on consolidation of polyethnic society. Following the results of social researches of Institute of philosophy and political science of the Ministry of Education and Science of the Republic of Kazakhstan on a question «As you consider, whether law enforcement agencies (prosecutor's office, courts, police etc.) equally belong to all citizens of the country?» the following results are received: such bodies create offenses themselves - 35 %, generally - yes - 11 %, protect those who has money and power - 46 % and - 5 %, another - 2 %, I find it difficult to answer - to 1 % [3, page 130, 131, 144, 145]. It shows low level of legal culture of both employees of law enforcement agencies, and ordinary citizens and says that the problem of legal culture development in Kazakhstan is rather actual.

The legal culture provides recognition of the human person value that involves the statement of the personality concerning moral independence and independence from the state. Such legal aspects as freedom of speech, communication, security of person are a logical outcome of legal fixing of a conscience freedom. The legal norms which are devoted specifically to the person rights and freedoms are registered in the constitution of almost each state of the modern world, and that gives the chance to speak about the legal mechanism of ensuring human rights.

If to consider function of these institutes and mechanisms of their functioning, their importance is revealed in declaration of the rights and freedoms of the person that leads to a radical change of all legal system in a legislative order, and since then the legal regulation of the subjective rights and personal freedoms is a degree of its perfection. It allows the personality to become a full subject of political and legal life of the whole society and the state.

Thus, we consider that the rights and freedoms of the person are necessary elements of civil society and the democratic state. These concepts organically cooperate and are a part of the public relations. Besides, they act as a standard form of expression of the civil freedom measure, coordination of their acts, streamlining of their interrelations, avoidance of the conflicts and contradictions. The rights and freedoms of the person, level of legal culture is a criterion of a maturity of a democratic and legal basis of any state, an indicator of its ability to provide people with high quality life in absolutely different spheres – personal, social, economic, political, cultural. Set of natural (inaliennable) human rights is an ability of the individual to freely fulfill its potential both in society, and in the state, and these "abilities" are formed by means of legal culture, and formulated and fixed in normative legal acts (the constitution, laws).

So, modern Kazakhstan society with its ethnic and socio-cultural features, with its own level of legal culture, legal mentality is capable to construct the real civil society only in case of realization practical key parameters of corresponding to Kazakhstani society type and a form of legal culture and sense of justice in each individual. Process of continuous progress in the sphere of legal culture, creation of conditions for its realization and improvement, a scientific approach to the solution of arising problems, and at last, society democratization, all this are necessary conditions for further prosperity of our state.

The legal culture is a component of society culture and the personality, it can serve as an indicator of culture development. It is one of the parties of the social and standard system showing moral and legal level of society as a whole. The legal culture is an indicator of perception of legal knowledge and skills, legal behavior of each individual and his ability to realize norm of the right operating system.

For formation of legal culture the legislation which really "works" and meets the requirements of civil society is necessary. Therefore, big responsibility, legal and moral simultaneously, is taken by those who create the laws, which should be legitimate, transparent, unrepugnant to principles of moral and reflect the rights and freedoms of the individual. Rules of law should be created for the person, for his development and correspond to cultural values, such as: justice, freedom, truth, and so forth.

In Kazakhstan much attention is paid to a question of legal culture development, a humanization of the legal sphere. The state policy is on the right way: the institute of human rights is developing, the moratorium on the death penalty is introduced, the procedural legislation is reformed, - and all this as a complex belongs to the positive moments of legal reforms in Kazakhstan. However, there are problems connected with prevalence of material interest and physical requirements over ideals of justice, duty, moral, and all of this is the main threat to the constitutional state, civil society.

Collaboration not only of power structures, but also scientists, workers of the educational sphere, mass media is necessary for studying of this process, it will be reduced only to the analysis and ordering of the received results, to definition of the new purposes and tasks.

Список литературы

1. The Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020. [Electronic resource]: the decree of the President of the Republic of Kazakhstan dated 24 August 2009. № 858. Mode of access: www.zakon.kz. - Screen Caps

2. The concept of civil society in the Republic of Kazakhstan for 2006 - 2011 [text]. Astana: BI, 2006-64

3. Malinin G.V. Dunaev V.Y., Kurgan V.D. Nysanbayev A.N. Theory and practice of inter-ethnic and cross-cultural interaction in modern Kazakhstan. - Almaty 2002. p. 130,131,144,145.

Сведения об авторе

Akhmetov A.S., Ph.D in Philosophy, assistant professor Pavlodar State Pedagogical Institute, Republic of Kazakhstan, Pavlodar city, [email protected], 8(7182)651629, mobile.[phone]

Ахметов Арман Серикович, доктор Ph.D по философии, доцент Павлодарского государственного педагогического института, Республика Казахстан, г. Павлодар[email protected], 8(7182)651629, сот.87053333556

УДК 343.9

Шарапов Р.Д.

Sharapov R.D.

Дата добавления: 2014-10-23