Court of biys

The court of biys (modern Kaz. Biler cell ) is a state institution in a traditional Kazakh society, one of the ways to regulate legal relations ^[1] .

Prior to the adoption of the code of laws “ Zhety Zharga ” by Tauke-khan (1680-1718), the life of the Kazakh society was regulated by the traditional legislative codes “The light path of Kasym-khan ”, “ Esim hanny eski zholy ”. The origins of their formation are rooted in antiquity, the period of existence on the territory of Central Asia of Scythian - Saka , Hunno - Sarmatian tribes and state formations ^[1] .

The bii court consisted of one or several bii who considered disputes and crimes within the framework of their clans and tribes. Disagreements between zhuzes , tribes, affairs of state importance were considered by the council of sultans and the most famous biys under the khan. The biys trial was held with the participation of all interested persons and witnesses. The basis for the indictment of the bii court was a confession of guilt to the accused, material evidence, testimony of witnesses and drinking oath water. Witnesses could not be minors, mentally ill, relatives or friends of any of the parties. If members of the bii court did not come to a consensus, the decision was made by the supreme bii. After the decision was made, in a sign of consent, a rite of cutting a motley rope was performed - ala zhip kesu . Biyam in the established amount was paid a fee - " bilik aky ". The parties had the right to turn to another biy or to the supreme biy - teb bi . In case of non-enforcement of the court decision by biys, a barymt was applied, that is, forced cattle theft from the guilty party. When one of the parties belonged to the khanate class, only the khan or sultan made the decision, however, such a requirement was not always respected, and the court of biys could make decisions regarding the guilt and punishment of representatives of the khan's blood. The main task of the court of biys is to establish the truth and help restore justice ^[1] .

As a result of the Russian judicial reform of 1864, the bi court lost its traditional meaning as a legal institution. The introduction of a three-level court of biys (a special court, volost and extraordinary congress), the restriction of legal authority turned it into an administrative institution of the colonial power of the Russian Empire in the Kazakh steppe ^[1] .

In Soviet sources, the bii court was often criticized. So, according to lawyer T. M. Kulteleev , “ in reality, the biys court was not a“ people's ”court, but a class court, protecting only the personal and property interests of the ruling class ... It was not fair and not“ wise, ”but hypocritical and corrupt. For the outcome of the bii trial, the decisive factor was not truth, but the wealth and influence of the victim and the accused ” ^[2] .

However, pre-Soviet sources spoke about the court of biys in exactly the opposite way. A. Gaines , who examined the life and customary law of the Kazakhs, wrote about the advantage of the court of biys:

“ The court of biys is quick and carried out in words, it is fairly fair and always disinterested, and therefore is respected not only by Kazakhs, but also by commoners and Cossacks, many of whom go to the biys court ” ^[3]