SETTLEMENT OF CASES AND DISPUTES IN CIVIL LAW AND PROCEEDINGS IN KAZAKHSTAN (ACHIEVEMENTS, PROBLEMS AND PROSPECTS)

Abstract

The article describes the history of the emergence, formation and development of peaceful settlement of cases and disputes in civil law and judicial proceedings of the Republic of Kazakhstan. The achievements of the Republic of Kazakhstan in the settlement of cases and disputes through conciliation procedures were noted, promising directions for strengthening peace and harmony in the country were revealed, problematic issues facing civil law and judicial proceedings were indicated. The authors found that the settlement of cases and disputes by peaceful means is consistent with the conceptual ideas of the development of the national legal system. Based on this study, it has been revealed that the existing set of ways to settle cases and disputes, known as the alternative dispute resolution system, has gone through several stages of development. The historical and legal analysis allowed the authors to determine the trend of development and improvement of the national legal system towards simplification of legal proceedings and humanization of legislation. Along with this, to determine that today the peaceful resolution of cases and disputes, on the one hand, is the main factor in reducing the level of conflict in the country and the judicial burden, and on the other hand, an indicator of increasing the level of legal culture of the Kazakh population and its confidence in the judiciary. The authors show the socio-legal significance for civil law and judicial proceedings in Kazakhstan of informal and flexible conflict resolution procedures forming the institution of restorative justice, which arose as an alternative to punitive justice. In the course of the research, concepts and categories developed by civil law and judicial proceedings, normative legal acts regulating the procedure for settling cases and disputes, conceptual and strategic documents defining the development and improvement of the national legal system, statistical data of courts on conducting conciliation procedures were used.