Barymta – As an Institution of the Legal System

Karlygash Useinova,Spatai Sartaev,Aidar Zhainak,Aset Toktybaev,Akylbek Isabekov,S Ziyadin,R Dinis De Sousa,A Shaikh,A Mottaeva,A Borodin

doi:10.1051/e3sconf/202015905005

Abstract

The article is devoted to the study of the Barymta Institute and determining its place in the customary legal system of the Kazakhs. The article shows the main stages of the emergence, development, and liquidation of Barymta; reveals the essence and content of the Barymta Institute; identifies and analyzes the main forms of Barymta manifestation. The ultimate goal of the legal reform carried out in Kazakhstan is the formation of the national legal system of the Republic of Kazakhstan. In many ways, its success depends on how much the legal heritage of the Kazakh people will be used. Traditional Kazakh society did not know written law. That is why legal regulations were of great social, regulatory and managerial importance. Without studying the customary law of the Kazakhs, developing specific, reasoned views on its nature, as many prominent scientists emphasize, it is impossible to comprehensively study the history of the people of the traditional period, especially since many issues remain completely unexplained.

Highlights

The first attempts to study the common law of the Kazakhs were made back in the XYIII XIX centuries
The article is devoted to the study of the Barymta Institute and determining its place in the customary legal system of the Kazakhs
The problem of the institution of Barymtyis very closely connected with the problem of implementing the norms of the traditional law of the nomadic Kazakh society. The latter is controversial in the theory of the law of the traditional Kazakh society

Summary

Introduction

The first attempts to study the common law of the Kazakhs were made back in the XYIII XIX centuries. A significant contribution to the study of problems of Kazakh customary law was made by Kazakh enlighteners S.S. Valikhanov, I. The studies conducted during this period in the field of the customary law of the Kazakhs were unilateral, class in nature. The common law of the Kazakhs, legal scholars are increasingly beginning to consider in the aspect of the development of the traditional legal culture of the nomadic society. Such studies include the works of N.L. Aitkulova, K.A. Alimzhan, S.

Methods

Discussion

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