Правовые проблемы применения судебного прецедента в правовой системе Республики Казахстан

Abstract

In the article the legal research of judicial precedent which is the basic part of English law is carried out in historical aspect. The correlation of case (common) law, equity law and statutory law is considered.A unique phenomenon in the history of formation and development of Kazakhstan’s statehood is recognized by the Biy court, which formed the basis of legal proceedings for many centuries. The article substantiates the conclusion that the application of the Kazakh customary law in legal proceedings, based on justice, honesty, impartiality and had a precedent character, contributed to the socio-economic development of nomadic society for many centuries. In Soviet times, however, the Biy court was seen as an attribute of nationalist ideology and an instrument of class domination.A new stage in the development of the judicial system in Kazakhstan is associated with the acquisition of state independence and the establishment of our country as a full member of the world community. The Supreme Court of the Republic of Kazakhstan adopts regulatory decisions, which are the main regulatory legal acts and relate to the current law. In connection with the creation of the AIFC and the relevant Court, the need to study the judicial precedent in order to introduce in one form or another English law in the legal system of the Republic of Kazakhstan was actualized. The authors conclude that the implementation of judicial precedent in English law in the legal system, or rather in the proceedings of Kazakhstan is not possible, although some elements of judicial precedent can be implemented.