International Association of Lawyers of the Turkic world and the urgent problems of law - Юридический журнал Правовое государство: теория и практика

ISSN 2500-0217 / Включен в Перечень ВАК

 

Ryan Fanis Mansurovich
Doctor of Law, Professor
The article examines the position of the Turkish people in the world today. Conceptualized results Turkological symposium, held on 28 - 29 April 2011 in Astana. Particular attention is drawn to the legal issues raised by the International Association of Lawyers of the Turkic world.

 1. On April 28-29, 2011 in Astana on the basis of the Eurasian National University named after LN Gumilev hosted the International Symposium Turkicology "Turkic World: Past and Present", which was aimed at exchanging views on pressing problems of the Turkic world.

Symposium organizers: Ministry of Education and Science of Kazakhstan, the Ministry of Culture of Kazakhstan and the Eurasian National University named after LN Gumilev.

At the symposium, attended by a large group of scientists (historians, lawyers, linguists, archaeologists, etc.) from Kazakhstan, Russia, Turkey, Azerbaijan, Uzbekistan, Kyrgyzstan, Ukraine (Crimea), Moldova (Gagauzia).

During the International Turkic Symposium "Turkic World: Past and Present", which was attended by more than 60 lawyers from the countries listed above, the constituent congress of the International Association of Lawyers of the Turkic world.

Draft Constitution of the International Association of Lawyers of the Turkic world has been sent to the participants of the symposium in advance, together with the invitation to the symposium, and therefore comments on the draft of the Charter were also considered and taken into account in advance.

The founding congress of the International Association of Lawyers of the Turkic world comprehensively discussed the draft Constitution, based on the comments submitted and has previously expressed at the congress adopted the Charter and the Resolution on the results of the Constituent Congress.

International Association of Lawyers of the Turkic world was established in order to facilitate the implementation of the Nakhichevan agreement on the establishment of the Cooperation Council of Turkic Speaking States from 3 October 2009 and the Declaration IX Nakhchivan Summit of Turkic states.

Discussion of the Constitution of the International Association of Lawyers of the Turkic world has shown that lawyers, including those who participated in the Congress, can fruitfully cooperate on legal theory approach and content of future legislation to the urgent needs of social practice, taking into account the peculiarities of culture of the peoples of the Turkic world. In particular, they talked about the account in the legislation of proven time customs (customary law), especially education of children and adolescents in the Turkic-Muslim world, etc. The need to promote the development of joint scientific and legal schools, strengthen vzaimoinformatsionoy activities, organization of joint theoretical research.

International Association of Lawyers of the Turkic world is a permanent body that will meet annually.

2. Materials Turkological symposium and exchange of views between the lawyers of the Turkic world serves to highlight certain issues that are important for the development of modern legislation, including in the Russian Federation and the Republic of Bashkortostan.

First of all, it is about understanding the process of state-legal activities of the essence of the East, east of justice. It is very important not to lose sight of the following provision: if the mentality of Western nations has its roots in Christianity, with its various vevvyami, the mentality of the Eastern people has its roots in Islam. You could even say that it is precisely the differences between Christian and Muslim values ​​are the basis of the centuries-old dispute between the representatives of these religions. At the same time, it is considered that there is every reason to mitigate or even eliminate these differences. Especially since it had no deep, fatal, obstacles. Furthermore fundamentals of convergence of Islamic culture, with other civilizations rooted in the text of the Koran. In particular, it says, "believed, as well as Jews, Christians and sabeitam - all those who believe in God (the One) and on the day of judgment, who worked good, destined to reward from the Lord (good), there is nothing to be afraid of them, nor they are acquainted with grief. [1]

Based on these verses of the Quran, President of the Islamic Republic of Iran, SM Hatimi in his speech for another "Millennium Summit" at the United Nations, dedicated to the dialogue of civilizations, September 5, 2000 said: "In man, focused mind and soul of the East of the West, and the denial of the two constituent parts of the human being has made our understanding of its essence, defective and insufficient "[2].

The problem of the East, and hence of Oriental lies precisely in the comprehensive preservation of the human soul especially in today's world, called by many tragic. [3] The tragic because Western civilization has developed technology so that the very same human activities can destroy the entire environment in the world , the basis of life of people. Western civilization is unable to cope with the decline of morals and spirituality, which could lead to the degeneration of man as a rational being. East, relying on Islam resists such a tragic development of mankind. In many positions on the assessment of the situation between East and West, Orthodox Russia closer to the East than the West. Russia - a truly Eurasian country.

Summarizing all heard at the symposium Türkological can say that the main problem of Oriental Studies today rests on the rescue of spirituality, morality of the people when they comply with the requirements of doom policy, economic development, military threats. The problem is really one of the most difficult. But worthy to take it up.

If you go to a particular legal problem, it deserves our attention the experience of the Turkic world in the field of child-rearing.

It is known that the problem of street children, crime is relevant in Russia so far. At present, one in four children in Russia - a stray. Even in 2002, the then Russian President Vladimir Putin ordered Prime Minister Mikhail Kasyanov instructed to take immediate action to address the problems of child neglect.

Today (almost ten years) in the Premier himself VV Putin and the problem of street children is not only permitted, but also significantly worsened. This is eloquently described in the "Arguments of the Week" for February 22, 2011. Specifies that during this time (2002) adopted "tens of stillborn programs. Several years ago, was adopted by the Federal target program "Children of Russia", sub-program "Prevention of neglect and juvenile delinquency" for 2003-2006. And it promised to develop a national plan of action for children. [4] But all these plans remained on paper. As a result, currently not developed even more or less tolerable conception of activities for children. Accepted set of laws, but not sufficiently strong conceptual basis. These laws can also be attributed to the number of stillbirths.

Here is one good example. In December 2010, the Federal Law № 436 - FZ "On protection of children from information harmful to their health and development."

This law seems to be absorbed all that is known in modern Russia relative to facilitate the normal development of children. However, a closer relation to the possibilities of this kind of legislation, especially in light of experience in the Turkic - Muslim world can be found significant gaps. Thus, in the Turkish-Muslim world, to the health and development of children are beginning to pay attention to the embryonic period.

It is very important that the father and mother of the unborn child to his conception prepared to a certain extent. In particular, by this time the father and mother of the future no less than two weeks did not use any alcohol and other drugs affect the mind and products. Newlyweds educated parents like that to conceive of sound mind and physical condition. Child - it's really the fruit of the coveted expected, bringing happiness family.

Next. From birth to adulthood the child is surrounded primarily mother, father and other family members. Must be installed natural link between the child and the mother. So, even if deemed European woman reacts to a baby crying in the middle of one minute, the Oriental woman (Turkic-Muslim) on average over ten seconds. There's a reason why the child is crying, he (the child) asks thus help. And on how such assistance is coming soon and meet the needs of the child depends on many things: the child acquires certain stereotypes responsiveness, involvement in the suffering of others, requests, etc.

Turkic-Muslim world are paying serious attention to the duration of breast-feeding on the environment the children until they are fully mature. Here it is to raise children in the family or with the help of a nanny. Nurseries, gardens not very much cultivated. It is believed that the money the state spends on the nursery, kindergarten care and upbringing of children, it would be better to intelligently distribute family education.

Measures to parenting affect the results: there is less promiscuity among children, homelessness, juvenile delinquency, bullying, etc.

In short, we have something to take from the experience of raising children in the Turkic-Muslim world.

From what he heard in Astana was remembered and made it focus on issues of equity. It is known that in the world today as well as in the Russian Federation, one of the major gaps advocates lack of justice. Deficiency of justice affects both regarding the relationship between rights and responsibilities, which alone have the right, and others - duties, and in the right balance between labor and distribution of wealth. The quality of life of Russians in the country is far tail in the world ranking, and the number of billionaires dollorovyh came out on top (the vast majority of these billionaires live in Moscow) At the same time, there is no fair response to such a sharp stratification of society. As practice shows Russian law enforcement agencies strongly corrupt, they are far from being resolved criminal phenomena on the basis of equity.

So, in the Turkic world is given a lot of attention to the problem of the revival of traditional measures to ensure fairness. First of all we are talking about turning to justice for various decisions in the organs of the state. In particular, the Kazakh legal scholars pay great attention to the revival of traditions associated with the court biys.

Academician of the National Academy of the Republic of Kazakhstan SZ Zimanov writes: "The concept of" biy court "in the era of social recognition and prosperity associated with the concept of the search for truth in any particular contentious case and with justice, the basis of the judgment. Bi - judges could only be a man who took these ideas as installation, imposed from outside, but as a natural norm should his behavior. Such representation is firm existed in the popular mind and in the minds of the judges themselves. And how many centuries it was necessary directions of development, and through what stage of social trance had to go to educate, raise people with the ideological orientation? Kazakh biy court - a unique judicial system - that is our claim and promising direction of research software, lying on the shoulders and the responsibility of the new generation of scientists and enthusiasts. "[5]

I could cite many other areas of public life, where historical and present experience of the Turkic peoples could be useful to us. Especially in Bashkortostan, where such an experience akin to us for a long time.

[1] The Qur'an .M., 1990. Sura 2, verse 62.

[2] SM Hatimi Speech at the "Millennium Summit" at the United Nations., M., 2000. p. 67.

[3] IJ Froyanov Dive into the abyss. M., 2002.

[4] The arguments of the week. №7 (248). February 22, 2011.

[5] Zimanov SZ Kazakh biy court - a unique judicial system. Almaty. 2008. p. 6-7.

Last modified on 17/04/2015

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ISSN 2500-0217 / Включен в Перечень ВАК