THE PROSPECTS OF IMPLEMENTATION OF JUDICIAL PRECEDENT IN THE LEGAL SYSTEM OF KAZAKHSTAN

Authors

  • Maidan Kontuarovich Suleimenov

Keywords:

Judicial precedent, English law, law system, judicial system, judgment

Abstract

In article author present the analysis of prospects of implementation of a judicial precedent to the legal system of Kazakhstan. The author marks out two aspects of implementation of an English law: 1) improvement of the civil legislation; and 2) implementation of a precedent in the judicial system of Kazakhstan. At the same time it is noted that the English law is other legal system. At the same time domestic courts are focused on the legislation and only the legislation and to build to the level of a source of law judicial precedent very dangerously. The judicial law is not just all-obligation of decisions of the courts, it is a system of law; and it is obvious that at the branched legislative system  such system of law cannot be. In this regard the author notes that it is possible only to speak about special value of the concept "precedent" as "a precedent of interpretation of the law".

In article the analysis of experience of Russia is presented, based on which the author proves that implementation of a precedent entirely depends on specific conditions and features of a legal system of the state. The precedent in the countries with the continental system of the law is not authority of the government, it is the power of the authority.

Considering questions of implementation of judicial precedent in the Republic of Kazakhstan, the author notes a number of essential shortcomings of the concept "Ulgi", which existence do not allow to accept it.

In article the conclusion is drawn that there are no both bases, and real conditions for implementation of judicial precedent in Kazakhstan now. However at the author emphasizes need to aspire to that resolutions of the Supreme Court on particular cases gradually became model judgments which would be applied by all courts of Kazakhstan by consideration of the same affairs. Over time it is possible to give to these judgments force, obligatory for all courts, and it will already be like precedent or a quasi-precedent.

Published

30.03.2019

How to Cite

Suleimenov . М. К. (2019). THE PROSPECTS OF IMPLEMENTATION OF JUDICIAL PRECEDENT IN THE LEGAL SYSTEM OF KAZAKHSTAN. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(55). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/281