The article reveals the significance of the bi court as a socio-political value for the Kazakh people. It is devoted to the study of the bi court as a fundamental institution of the traditional Kazakh legal system and its potential role within the modern legal framework of Kazakhstan. The relevance of the research is determined by the need to improve national legislation and the judicial system, as well as by the aspiration to utilize the centuries-old traditions of ancestors to enhance the effectiveness of justice.
The article substantiates the feasibility of establishing a specialized state research institute for the comprehensive and comparative study of the traditional Kazakh legal system “Zhargy” and bi court justice. It also refers to international experience (Canada, Australia) in creating similar centers aimed at considering local legal specificities.
The appeal to ancestral traditions stems from the need for a profound modernization of the country’s current legal and judicial systems. In addition, it is emphasized that foreign practices — particularly the organization and operation of magistrate courts — deserve the close attention of domestic lawmakers.
It is considered appropriate to integrate the bi court into the country’s unified judicial system as a court of first instance in order to improve access to legal protection for rural residents and to significantly reduce the workload of district court judges. In this regard, it is necessary to introduce appropriate amendments and additions to the Constitution of the Republic of Kazakhstan and the Constitutional Law “On the Judicial System and the Status of Judges”, as well as to adopt a separate Law “On Bi Courts in the Republic of Kazakhstan”.
