National Mentality and Its Role in Resolving Legal Conflicts (On the Example of Courts of Aksakals of the Kyrgyz Republic)

Abstract

This article is devoted to the issues of national mentality in resolving legal conflicts. The article examines the theoretical aspects of the national mentality and its content. The main part of the article is devoted to the Kyrgyz mentality and the peculiarities of the attitude of its bearers to the forms of resolving legal conflicts. At the same time, special attention is paid to the courts of aksakals as bodies for resolving legal conflicts in the Kyrgyz Republic. The peculiarity of the courts of aksakals is defined in the article by the fact that they do not belong to the state justice system, i.e. they are not part of the judicial system of the Kyrgyz Republic and are public bodies. The article analyzes the principles and procedures underlying the courts of aksakals, as well as their role and impact on dispute resolution and conflict resolution. Special attention is paid to the importance of these courts in maintaining social stability and respecting traditional norms and values. It is determined that the courts of aksakals have a positive impact on the unloading of state courts, thereby indirectly affecting the quality of decisions made by the latter. The article shows the differences in the national mentality in resolving legal conflicts within the framework of the courts of aksakals, depending on the region of the country, gender issues and categories of cases. The main directions of reforming the institute of courts of elders according to the latest changes in legislation are outlined. It has been established that despite the fact that there are some positive changes in the legislation concerning the courts of aksakals, the attitude of citizens of the Kyrgyz Republic towards the courts of aksakals currently remains ambiguous.