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THE KAZAKH BIY COURTS WERE KEPT AND REMAINED IN THE MEMORY OF GENERATIONS AS INDEPENDENT, PROFESSIONAL AND WISE JUSTICE

УДК 340.1(574)

Представлены основные результаты исследования степного права. Суд биев воплотил в себя ценности народной демократии и основывался на понятии справедливости, как ведущем принципе правосудия.

Дала (қыр) құқығын зерттеудің негізгі нәтижелері көрсетілген. Билер соты өз бойына халықтық демократия құндылықтарын жинақтаған және әділеттіліктің басты қағидасы ретіндегі әділдік ұғымына негізделген.

Keywords: biy’s court, nomadic civilization, Kazakh law

There are events, dates and people in the history of each nation. The subsequent generations respect and are proud of them, remember them as remarkable and their major events, spiritual rise in their lives. There are such phenomena, as institutional structures and establishments, which are kept strictly and seize memory and minds of new generations, that they have civilized meaning or even universal value. They are kept and live in their ideas as orientation to the future and a heritage having lasting value. Such memorable historical phenomen are the Kazakh legal proceedings - biy courts, formed within the nomadic society of the Turkic Kazakhs who lived during the century which was made and received the name “The Golden Age” of justice. When it stopped to exist as “The Golden Age” of justice, it remained as an everlasting torch in national memory.

The court as the public body was and remained the criterion and symbol of authority and management at all times and epoch by which features were judged about the authority, about its adherence to democracy and interests of people. As a rule, such representation prevails at those layers of the population which concern to objects -to the participants of proceeding who feels the attitude and difficulty of judicial authority towards themselves and those who stand on top of authority and creates court doesn’t have such feelings. The authority and prestigiousness of the biy legal proceedings had sank in the layers of the history long ago, had became the property of compassion and dream of all society, including dominating layers in present conditions of Kazakhstan. It is paradoxical, but the fact speaking much about general value of justice of biys.

It is necessary to make the initial clause and to define the concept “about biy courts in the nomadic society of the Kazakhs here”. In this case there is no speech about desire of absolutization of a society of the Kazakh nomads, especially about its isolated consideration in separation from its settled and city part or connections with it. The matter is, it is important to note, allocate, that biy justice in the valuable immanent status could be formed, developed and affirmed only in the environment and masses of classical nomadic part of the Kazakh society occupying the huge space of the central - Asian contingent and making overwhelming majority of the population of the Steppe territory. The city and agricultural culture interspersed and in the most part took the style of management and norm of behaviour from neighbouring settled regions and countries influenced the Kazakh nomadic society very little, on the contrary, made its and strengthening in the certain degree.

The biy courts was an ideal for modern statespersons of the Republic

D.A.Kunaev, who governed the Kazakh Republic during the Soviet authority for a long time, was the member of the Political bureau of the Central Committee of the CPSU and the First Secretary of the Central Committee of the Communist Party of Kazakhstan. He remained the active member of leading communist party, which ideology has not been compatible with the worship for the medieval history especially oppressed people, at the same time he had special respect to one of the legendary Kazakh biys- judges Tole biy. He had three photographs on the working table of his house; they were photos of Dimash Akhmetovich, Tole biy (in the center) and his wife Zuhra Sharipovna [1].

The first and present President of the independent Republic of Kazakhstan (since 1990) N.A.Nazarbaev, the former First Secretary of the Central Committee of the Communist Party of the Kazakh SSR, named the ancient Kazakh biys — judges as “Multiksiz adil, ot auyzdy, oraq tildi sheshender” — “Leaders with oratorical gift and feeling of faultless validity” in one of official speeches. N.A.Nazarbaev spoke about three well-knownbiys, who lived in the XVII - XVIII centuries and whose names were connected to echoes of “The Golden Age” of justice in the Steppe territory, Tole biy, Kazybek biy, Aiteke biy the following: “Barsha qazaq balasy attaryn ardaqtap, aitqandaryn jattaghan osy ush babamyzdyng el aldyndaghy engbegine, qkhalyq qamyn jegen adal isine soz jetkizip bagha bery qiyn- o” Ush danagoidyn onegeli omiri, el qamyn jegen adal engbegi, top bastaghan kosemdigi, ot auyzdy, oraq tildi sheshendigi, m,ultiksiz adildigi jonindegi aitar angime az ernes” — “They became a lasting symbol of unity for the Kazakhs, their passionate speeches seized minds of descendants, as sayings from sacred books”. It is possible to speak much about the famous lives of these three great people, about their acts for the sake of honour, advantage and sacred glory of people, about their natural leaders’ talent, oratorical gift, faultless validity”[2].

A biy as a judge, biy courts as the judicial authority has being continued till nowadays, in conditions of modern Kazakhstan, to personify and are officially used as worthy imitations of model of professionalism and the fair attitude towards the using of judicial function. Therefore, the court with participation of the jurymen, entered in the Republic as the idea for maintenance of the maximal validity during the settlement of the most complex jurisdiction of criminal cases has been called “biyler alqasy” the translation is “the board of biys”. The memory to great biys-judges - to courts of biys is shown here, for whom the independence, professionalism, philosophical reflection, speaking, limiting validity and honesty were the basic principles of their judicial vital activity.

Despite of centuries which separate present generation from “The Golden Age” of biy justice and from its last separate representatives who reminded of it, in spite of the fact, that from that time socially political environment has radically changed which product it was and to which it served, despite of it and nowadays discussions about wide introduction of a heritage of biy courts or nomination of biys, as judges in judicial system in the Republic flash from time to time. In this case it is not important for us how far it is comprehensible or unacceptable. It is important that the biy justice does not only continue to be star twilight in the historical memory of people, but also has been its valuable orientation in a policy of democratization of the judicial organization in the Kazakh state.

Research information about courts of biys in the nomadic society of the Kazakhs

The human history is rich with paradoxes and contradictions and it happens quite often which are born in their disorder and there are the phenomena representing pieces, the oases of universal value at first sight poorly accessible to habitually logic explanation. The special authority of biy judicial system in the Kazakh nomadic society was such puzzle - an innovation for understanding, which was considered as backward from the positions of the western civilization. Almost all foreigners from the European countries, irrespective of their status and the purpose of stay in the Steppe territory, named the Kazakhs of nomads of the XII-XIX of centuries as nomads by the way of life, “half-civilized’ by the ways of survival in natural sphere, “patriarchal” by the patrimonial division which has kept in the population and management, “violent” by upholding interests and freedom of development of huge pasturable space, “powerless’ by absence of open division of the population on citizenship and governors which was habitual for the West at that times. Management and authority in the big and small nomadic collectives had dual attributes. On the one hand, they belonged to those who had the greatest influence and respect by age, experience, natural insight in conditions of corporate -public social institutes, and on the other hand, belonged to those who were allocated by the property status on a background enough appreciable social stratification of the population on rich and poor. Remoteness of the Kazakh nomadic society from the centres of Asian and western civilizations, it’s fogged and “nomadic backwardness” served as the reason of late attention to it on the part of the Eurasian educated elite. The first foreign and especially Russian researchers came to the Kazakh steppe only in the beginning of XIX century. They have seen and have opened special institutes and the phenomena representing general values, such, as adherence to eloquence and sophistication, as a reigning cult of literature and the legality, formed in the life and in public consciousness in the internal organization and structure of the Kazakh society. A.I.Levshin, the largest Russian scientist - orientalist who visited the Kazakh steppe in 20th years of the XIX century with the research purpose, got world (global) glory for fundamental works about Kazakhs, wrote: The most intellectual Kirghizs of the Younger horde spoke that there was time when our people lived in peace, there was time when we had order, there were laws and justice. That was the Golden Age which they remember with sighs, it was the reign of the well-known khan Tauke who, if to trust legends, was really the genius in own way, and in Cossack annals should stand alongside with Solons and Likurg. Having pacified worrying clans and generations, he has not only entered the management and order, but has also given them many laws. The Kazakhs of the senior and Middle hordes assert that their national laws are much ancient than Tauke khan’s”[3].

The A.I.Levshin’s statement was not a note marked slightly. One of fundamental issues and features of the history of the internal formation of the Kazakh nomadic society which was seized and expressed, making and explaining of its former unity and force in the law. Its world, formation and order in a society have been based, as told by the author about laws and justice. They are the basis of that Golden Age of the Kazakh ground. From his and other authors, his contemporaries’ statement we consider that the first role was played by justice in all that ordered public processes. And not general justice, but the justice sent by biys, especially allocated from the society as a social group of professionals, who were worthy and adequate to their epoch. The speech about this will be a bit later.

Such paramount role of justice of the Kazakhs has been connected not only by the medieval nomadic society management. It was reduced basically to the sanction of disputes and conflicts arising in it. That was usual, historical phenomenon distributed everywhere. That was necessary to rise up the justice to a national rating of the Golden Age, that it has seized not ordinary attributes and the essence, especially allocating it among known and traditional establishments similar to it. These strict requirements were characteristic to the justice performed by biys during an epoch of their eminence as independent, wise national judges.

It is necessary to note one more valuable place in A.I.Levshin’s statements. He mentioned that “the wisdom” Kazakhs connect “the Golden Age” with the period of reign of khan Tauke in the Kazakh society (last quarter of the XVIII century). Not casually, that national memory has kept and allocates that period. Namely during the reign of khan Tauke, there was another - an official recognition of the leading role of biys in the political life of the Kazakh society in infringement of century tradition when khan supporters were always chinghizids- sultans. Tauke khan applying for all Kazakh throne in difficult years for the society and distributing the influence on all three Kazakh juzes, according to sources, in the activity has decided to lean entirely on biys in the activity, periodically convoked congresses of biys, considered the major questions internal and foreign policy there. It was not the beginning of process, which was the result of development of the previous epoch. The merit of Tauke khan consists that he has selected and used force and authority of the justice given by biys in realization of the state policy, which was influential in administrative and managerial system in the society. If to reply the question in what period of the history of Kazakhstan the formation of biy justice, it is enough to answer or note that it has been formed several centries and it became the phenomenon of the national scale only during the period of reign of khan Tauke. The nomadic way of life was powerful preservative of its valuable figures some of the representatives of “The Golden Age” of justice were kept, have lived until the beginning of the XX century. Such cases were judged and found out how they managed to keep the maintenance and legality in a nomadic society in the previous centuries and what the powerful factor in preservation was and maintenance of unity of the Kazakh nomads scattered and stretched on huge steppe open spaces of central Asian contingent.

Professor Grigoriev V.V., the known Russian orientalist was the most competent scientist of the second half of the XIX century while giving the description of the life of the Kazakh nomads and their internal structure. His advantage was explained, first, by his direct and deep knowledge of the language and life of the population of the Steppe territory, its cognitive ability and style of the researcher. About ten years heading the governmental administration on management of the Western part of Kazakhstan (from the middle of XIX century), he was in close contact to the Kazakh society, was in the near and far auls, nomadic encampments mainly on patrimonial division. In addition to all that, Professor Grigoriev V.V. used the documentsin imperial offices archival and current materials about the Kazakhs. In one of the works devoted to the comparative analysis of the history of the east Turkic people, having in view the Kazakh society, he wrote: “Nomadic way of” life could not be considered ordinarily incompatible with some significant economic and intellectual development. But it is hardly thorough”[4]. Confirming this idea he further said: “В пастушеских еще обществах возникает иногда, как видим у киргизов (казахов— С.З.) такое превосходное судопроизводство и такие порядки следственного и судебного процесса, каким могут позавидовать многие издавна цивилизовавшиеся народы”. “In nomadic societies sometimes still arises as it is seen at the Kirghiz (the Kazakhs S.Z.) such excellent legal proceedings and such orders of investigation and litigation to what civilized people can envy”[5].

The other Russian scientist Slovohodov L.A., the lawyer by education expressed also about biy courts and the Kazakh right “Jarghi”, who worked in the imperial administration in Kazakhstan for many years. He studied and knew the Kazakh language, spoke it excellently, and was personally familiar with many representatives of local nobility. He wrote the special work about the justice in the society of nomadic Kazakhs [6]. He considered the biy court as “original” and “national” because it was close and useful to people, carried not accusatory, only competitive character. “Legal proceedings of the Kirghiz (the Kazakhs S.Z.) people were democratic, publicly, simple and short. People have developed original, but quite clear structure of litigations, avoiding so harmful bureaucratic elements during the long period of time”. Justice in the Steppe territory, which was performed by biys, were loved by people and therefore it was the valid judicial authority [7].

Biy courts in the estimation of figures of national culture of the XIX and the beginning of XX centuries

Formation of national intelligence in the Steppe territory concerns to the second half of the XIX and to the beginning of the XX centuries. It is closely connected to Russia and Russian culture. Certainly, there were only a few educated people earlier especially in the settled centres, who had got education basically in the neighbouring Muslim centres, serving as letter writers, translators and spiritual instructors at khans, sultans and clan governors, taught their children in the initial Arabian letter. The most gifts went to the scientific centres of the East. Actually, the Kazakh national intelligency which has been brought up on the advanced traditions of the secular Russian European culture, though very few by number, they were the new educated layer in the society. Irrespective of, where they served, they were closely connected to the life of nomads and in many cases always carried in the essence their image of life, sights and thoughts. Some of them rose up to the level of known scientists and thinkers.

Descriptions, statements, and researches of representatives of the national intelligency, as experts, direct representatives of all ordinary and not ordinary, small and real in the organization of a corporate, common-clanic, individual way of life of the Kazakh nomads are of great value. The main thing was that they saw and lived in that economic, social, spiritual environment, characteristic for the Kazakh nomadic society with all its inherent attributes and models of self-organizing. Until the beginning of the XX century the ancient biy courts and norms of Kazakh law “Jarghi” were still kept isolated, and especially in distant and far areas of steppe where transformations did not reach yet though they felt their influence to some extent. Moreover, the historical memory of people about the “The Golden Age” of justice has not been covered with stratifications yet.

The heritage of the oustanding Kazakh scientist Chokan Valihanov (1835-1865) is especially valuable, who was characterized by contemporaries as “the ingenious researcher of the East”, “a meteor flown on a field of oriental studies”. In the connection to the Russian Government reforming, he asked the bodies of imperial authority, persuaded them not to make the full replacement of old biy courts of the Steppe by a new colonial judicial system, for the sake of calmness and internal well-being of the Kazakh society, together with the interests of the colonial autocracy. In the note “Court in the ancient national form”, he wrote the following: “Biy is not selected and affirmed formally. The value of them is based on fair authority, which is got by them in the same way as in European poets, scientists and lawyers. Shakespeare and Goethe are considered as great poets by all, but the genius of them is based not on decrees of the governments and not on formal elections of people”; ... only deep knowledge of the judicial customs, connected with oratory, gave the Kirghiz (Kazakhs) this honorary title ; the biy courts were made verbally, publicly and in all cases supposed legal profession. They were in such respect that did not demand and does not demand till now any disciplinary actions; the main advantage of biy courts, in our opinion, consists in absence of formalities and any official routine. The value of biy is based on authority and knowledge which is the patent for judiciary practice”[8].

The great Kazakh poet Abai Kunanbaev’s (1845-1904) products are known in all corners of the world nowadays, and whose sculptural monument has been established on one of the central streets of Moscow, wrote about biys and biy courts in the years of “The Golden Age” of justice, the following: Bui bilik degen bizding qazaq ishinde arbir sailaghan kisining qolynan kele bermeidi...Ras, buringhy bizding ata-babalarymyzdyng bul zamandaghylardan bilimi, kutimi, sypaiylyghy, tazalyghy tomen bolghan, biraq bul zamandaghylardan artyq ей minezi bar eken... 01 eki minezi qaisy desek, aueli-ol zamanda el bassy, top bassy degen kisiler bolady eken. kosh qondy bolsa, day —janjaldy bolsa, bulik bolsa solarda bolady eken. Ozge qara jurt, jaqsy-jaman ozderining sharuasymen jure beredi eken. 01 el bassy, top bassylary qalqi bitirse qalyqta ony synamaq, birden birge jugirmek bolmaidy eken”[9]. - “We had an opportunity to be convinced of uselessness of biy- judges elections in each volost. Not everyone could manage to make a justice. ... Yes, [former biys] certainly conceded to present people in erudition, courtesy, tidiness and neatness. But they possessed two advantages which we do not have at present ... What qualities do we speak about? There were people which were called “el bassy”, “top bassy” during ancient times. They solved disputes, operated life of the society, and simple people were engaged in the affairs. It was not accepted to challenge the decision of “el bassy”, “top bassy” or to run from one to another [10]. Alikhan Bokeikhanov was very educated intellectual, the large representative of political liberation movement in Kazakhstan at the beginnings of the XX century, repeatedly expressed that the biy courts has gone down to history of the Kazakh people as “national court” by the fact and form, and that the policy of colonial authorities connected to replacement of it by other courts which is impossible to consider as the successful decision. One of his articles was entitled “Qazaqtyng biyining опту bolek” — “The Kazakh biys had special place” [11]. There has been told much by him. The oustanding Kazakh educator and publicist Ahmet Baitursynov wrote and proved about radical distinctions in orientation and functions of the new appointed biys-judges becoming a part of machinery of state of the imperial government, and biy- judges who had made “The Golden Age” of justice in the history of the Kazakh people which separate representatives have lived till the new time. He named one of his articles as “Burynghy adil biyler” - “The last biys were the symbol of valid justice”. He wrote that “Xalukh sot degenimiz qazaqtyng ghadetindegi qaghidalar bjiynsha aitylatughyn bulik. Burynghy adil biylarding qolyndaghy bulik qazaqtyng neshe turli dertyn jazatyghyn jaqsy dari edi, bugingi aran biylaerding qolynda dari bolmaq tugil, ou bolyp jughyp tur” — “The national court is that which was earlier. The justice was based on the Kazakh common- legal establishments at those times. It was in the hands of biys who was devoted to validity, gave the prescription of medicine from all troubles, but now it is in the hands of modern state biys who will give poison instead of medicine”[12].

The Soviet authority could not eliminate “The Golden Age” of the Kazakh justice from the historical memory of people

It is amazingly and at the same time paradoxical that during the Soviet epoch, despite of the official ideology of denying something valuable in pre soviet history of the Kazakhs and others similar to them colonial people, for instance the notion about biys and biy court were something as about high, truly national establishment lived and continued to live in the memory of nation and in sights of authoritative intellectuals of the Kazakh people. Sometimes it was splashed out outside in their statements. As it was dangerous and the author could be accused in “political unreliability”, in “nationalism”, they expressed the opinions frequently indirectly gave them the description “strange”, but which has the connection with described cases and events. So, K.I.Satpaev the geologist and the intellectual, scientist with world acceptance, in one of his early works, devoted to the legendary biy and the governor of the Nogai-Kazakh Horde of the XVII century Edige biy, he gave the characteristic of him by the expression distributed in people “Khanda qyruq kisining aqyly bar6 biyde qyryq kisining ary, bilimi bar” — “Khan has the wisdom of forty men, and biy has- conscience and knowledge of forty men”. By his words in a society of nomadic Kazakhs “There was always more respect to biys than to khans”[13].

The writer with a world name and scientist Auezov M.O. has devoted a big article to “The dialogue of biys”- “Biylar aitysy” in which responded about them enthusiastically and showed several examples of participations of biys in competitions, their eloquence and art of proving which helped them to solveprincipal conflicts adequately [14].

The academician of the national academy of sciences, the big expert of the ancient and medieval history of the Kazakh people Margulan A.K. wrote, that many well-known biys, the experts of the antiquity and literature of the Kazakh people were invited from time to time to Omsk, which was one of the centers of colonial administration of the Kazakh Steppe in the XIX century. In his opinion “Munda keletin adamdar kobinese qalykhtyng rukhani tirshiligin, onyng sheziresin, ertegi-jyrlaryn biletin kileng sheshen biyler, quylma aqyndar, ataqty kuishiler bolghan” — “There were mainly invited biys, silver-tongued orators, poets improvisators, musicians, experts on the life, spiritual culture, the history and folklore of people”[15].

There was spoken openly about the justice of biys during the independent years of the Republic

After disintegration of the Soviet empire and declaration of the state independence of Kazakhstan there have been talked openly about biys and biy courts and about system of Kazakh law Jarghi”, inseparable from each-other as historical values. As the respect of the generations there was constructed a large monument of 4 metres height from the granite in Astana, the capital of the republic in front of the building of the Supreme Court of the Republic.This monument was devoted to three oustanding biy-judges who live in the second half of the XVII and the first half of the XIX centuries, Tole biy, Kazybek biy, Aiteke biy. They are represented orientally sitting next to each other, staring to the distant space.The historical place — the steppe natural boundary in the southern Kazakhstan oblast was declared as the historical memorial park “Ordabassy”, the translation is “the khan horde” by the government because the congresses of biys from three juzes were held there several times. On one of high hills of park there was established high-altitude monument. If you want to rise up to the top of the hill you can reach there by the terraced ladder which leads from the root of the hill. The Presidents of three neighbouring Turkic Republics - Kazakhstan, Uzbekistan and Kirghizia took place in opening ceremony on May, 1993. The president of the Republic N.A. Nazarbayev has told in the speech, that “The biys became a lasting symbol of unity for the Kazakhs; their passionate speeches have seized minds of descendants, as sayings from sacred books. It is impossible to overestimate their importance in our history, their historical merits before the Kazakh people” [16]. The high estimation of merits of biy-judges before the history of people was given in works of scientists, art workers, including the works of the prominent Kazakh writers known for the historical novels. The author of the novels “Blood and sweat” and the “Duty”, which were translated into several languages and became the best seller in the countries of Europe, has entitled one of his articles as “Biy-judges and orators”. It was Abdijamal Nurpeissov, who wrote: “В самом деле, с годами я, все чаще оглядывая мысленно иные пласты веков казахской истории, все более поражаюсь тому огромному доверию, к той опоре его на мудрость и высоту духа, что были присущи Высоким Его Сыновьям. И эта опора никогда не подводила мой народ. И не потому ли находим мы ныне в истории тысячелетнего института биев - ораторов тому немало удивительных примеров”. “Really, after several years, turning out to other layers of centuries of the Kazakh history, I realized more and more that there was a huge trust and support on wisdom and height of spirit that were inherent to its Big Sons. Moreover, that support will never betray my people. Therefore we find a lot of surprising examples in the history of thousand-year institute of biy-orators nowadays”[17].

Another oustanding writer Kekilbaev Abish, the author of several highly artistic and philosophically constrained historical novels and stories, has entitled one of the his articles devoted to biy -judges and orators “Esimderidynie turghansha urpaqtardung jadynda saqtalady” — “ Their names will be kept in memory of generations until there is a world”.He wrote about them the following: “Nurlary eki duniede birdie shalqyp, jandary jannattyng torinde uemdengen, esimderi dunie turgansha urpaqtardung jadynda turatynyn jaryqtarymyzdy osynau dunie turgansha kueli ghumarattaghy buyrmas mekenderine qaita jalghastyrghanymyzgha tauba dep tyrmyn” - “ we must thank our destiny that there has stepped the day when our great sons which light lit up the two worlds - terrestrial and heavenly, and their names are included into the annals of eternity, could return them in their places - in the sacred palaces of national consciousness”[18].

For years of independence of the Republic only 16 difficult years, there was a real splash of articles and works, more descriptive, about the Kazakh biy- judges, who were in the memory of generations and known by its folklore, hand-written and narrative sources. The serious research works have also begun. Offered multivolume “the ancient world of the Kazakh law” — “qazaqtyng ata zangdary” is the first fundamental work of searches on this way. It applies to be the intermediate final research opening open spaces for new researches, and at the same time it is the fascinating documentary material about biy- judges, their wisdom and art of the decision of disputed conflicts. The work deserves and it should enter the annals of universal culture by its right.

Sometimes it could be difficult to explain, especially when there has run a lot of time between the subject of an explanation and explainer. It is difficult to believe in that, which was trusted by many people, including authorities, when the whole epoch of conscious denying has run between real historical events and cognitive activity of the new time, behind which was well organized wall from ideologists. In these conditions, the reality is seemed as mirage, and mirage as reality. That happened to the Kazakh legal system “ Jarghi” with central figures of biy courts. They played the central, regulating and uniting role in a life of the nomadic society of the Kazakhs for the last centuries. It has been appreciated by the young generations of nomads and post nomads and estimated as the scientific idea. Nowadays it is considered as the mysterious epoch-making phenomenon representing universal value.

References

1. Dautov S. Abyz, ili uvazhenie r minuvshemu / “Vechernii Almaty”. 2006. August, 24.

2. Nazarbaev N.A. Five yeas of independence. Almaty. 1996. P. 153.

3. Levshin A.I. The description the Kirghiz-Cossack or the Kirghiz-Kaisats of hordes and steppes. SPb. 1832. Part III. P.169.

4. Grigoriev V.V. About Scythian people saks. Almaty. 1998. P. 43.

5. Ibid. P. 44.

6. Slovokhodov L.A. National court of a common law the Kirghiz of the Small horde / Works of the Orenburg scientific archival commission. V. XV. Orenburg. 1905.

7. Ibid. P.. 80, 81.

8. Valikhanov Ch.Ch. The collected works. V. I. Alma-Ata. 1985. P. 494-523.

9. Kunanbaev A. Eki tomdyk shigarmalarynyn tolyk zhinagu. V. 2. Almaty. 1997. P. 16-17.

10. Kunanbaev A. The book of words. Almaty. 1992. P. 18-19.

11. The newspaper “Kazakh”. 1914. № 50.

12. Baitursynov A. Zhana nizam. Almaty. P. 14.

13. Satpaev K.I. “Er Edige”. М. 1927.

14. Auezov M. Adebiet tarikhy. A. 1991. 188-191.

15. Margulan О. Ezhelgi zhyr, anyzdar. А. 1995, 234-235.

16. Nazarbaev N.A. Five years of independence. - А. 1996. P. 153.

17. Nurpeisov A.K. The ideas caused by acts of ancestors. In book Aiteke biy. А. 1998. P.49-54.

18. Kekilbaev A. “Egemen Kazakhstan” // 22 Mausym 1999.