SOME THEORETICAL ISSUES IN THE DEVELOPMENT OF LAW IN THE COUNTRIES OF CENTRAL ASIA IN THE CONTEXT OF DIGITALIZATION

The article analyzes and compares the legal developments of the countries of Central Asia in the context of digitalization of all aspects of public life, including the legal sphere. There is a commonality in the legal development, due to the commonality of their historical development, religion, culture, customs, mentality of these countries. Also, the region in which they are located is the basis for uniting them into a separate group.The author tried to analyze the common features of the legal systems of these countries, as well as those features that are inherent in the legal development of individual countries of this region. It is noted that the judicial system of these countries is developing along the same vector towards the creation of a truly independent judicial system, which does not exclude the presence of certain aspects in development, in particular the institution of jury trial in Kazakhstan, attempts to create such in Kyrgyzstan, etc. or those common and distinctive features that took place in the systems of sources of law in these countries regarding the status of decisions of the Supreme Courts. The article also notes those trends in the legal development of these countries, such as the influence of English law and its application in the field of international cooperation, more precisely in the field of business and commerce.

SOME THEORETICAL ISSUES IN THE DEVELOPMENT OF LAW IN THE COUNTRIES OF CENTRAL ASIA IN THE CONTEXT OF DIGITALIZATION

ARTICLE INFO Keywords: Central Asia, region, legal development, generality in legal development, system of law, legal system, sources of law, judicial system, jury trial, status of decisions of higher courts, English law, influence of English law.

Mavluda Akhmedshaeva, Doctor of Science in Law, Professor, Department of Theory of State and Law, Tashkent State University of Law E-mail: mavludaahmedshaeva@gmail.com ORCID: 0000-0003-3719-6599

ABSTRACT The article analyzes and compares the legal developments of the countries of Central Asia in the context of digitalization of all aspects of public life, including the legal sphere. There is a commonality in the legal development, due to the commonality of their historical development, religion, culture, customs, mentality of these countries. Also, the region in which they are located is the basis for uniting them into a separate group. The author tried to analyze the common features of the legal systems of these countries, as well as those features that are inherent in the legal development of individual countries of this region. It is noted that the judicial system of these countries is developing along the same vector towards the creation of a truly independent judicial system, which does not exclude the presence of certain aspects in development, in particular the institution of jury trial in Kazakhstan, attempts to create such in Kyrgyzstan, etc. or those common and distinctive features that took place in the systems of sources of law in these countries regarding the status of decisions of the Supreme Courts. The article also notes those trends in the legal development of these countries, such as the influence of English

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law and its application in the field of international cooperation, more precisely in the field of business and commerce.

I. Introduction Before proceeding to the analysis of trends in the development of law in the countries of Central Asia, it would be logical to first define the concept of “trend”. Trends are usually understood as a relatively stable direction of development of a phenomenon, activity, etc. As it is written in dictionaries, etymologically, this word comes from the late Latin word tendentia, meaning “direction” and from the Latin word “tendo”, meaning “to direct.” A trend is a relatively stable direction in the development of a phenomenon, process, activity, etc., revealed as a result of analysis, observation, etc. [1]. In this article, under the trends of regional development of law, we understand the main directions of development of modern law in the space occupied by Kazakhstan, Uzbekistan, Turkmenistan, Tajikistan and Kyrgyzstan. Here the question may arise why it is the law of these states that is analyzed separately from the development of the world legal field. It must be emphasized that there are sufficient grounds to assert that these countries have many common aspects of development that serve to unite them rather than divide them. The commonality of historical development, religion, culture, customs, mentality of these countries, and the territorial region in which they are located, are the basis for uniting these countries into a separate group. At this point, before proceeding to the analysis of the main issues, we need to pay attention to the term “region”. The term “region” is Latin and derived from the word “regio”, which means “country”, region. It should also be noted that there is no consensus on the question of which countries the Central Asian region includes. According to Britannica, the American universal encyclopedia, the region includes

Kazakhstan, Uzbekistan, Turkmenistan, Tajikistan and Kyrgyzstan. And according to UNESCO, an influential international organization, this region includes, in addition to the above countries, also Mongolia, the northwestern part of China, that part of the territory of Russia, located in Asia south of the taiga zone, Afghanistan, the northwestern part of India, the northern part of Pakistan and Iran [2]. II. Research results and discussion It should be noted that although these countries gained independence in almost the same historical period and began to form their national statehood, it is difficult to say today that their development, especially legal development, is the same. It can be stated that each state had its own path of state-legal development, during the 30 years that have passed since the acquisition of state independence, and, accordingly, its own achievements and results in development. Currently, in the context of all-round digitalization not only of the economy, but also of all spheres of public life, a certain scientific and practical interest is the analysis of the development of law in the countries of the Central Asian region, as part of the global legal field in general, as well as an important part of the post-Soviet legal space, occupied by the CIS countries. Since the need to study national legal systems, as M.N. Marchenko notes, “is determined not only by the desire to expand the traditional legal horizons, limited, as a general rule, only by the circle of certain national legal problems, but also by the quite natural need of researchers for a deeper and more versatile study their own legal systems through the prism of other legal systems.”[3]. Is there any need to add to the above that this is not only a requirement of modern legal studies, but also a call of the times. After

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all, as never before, universal global and national development are interconnected in all spheres of public life, not only in science, but also in legal studies. In this regard, we cannot but join the opinion of the well-known legal theorist S.S. Alekseev that the national limitations of legal knowledge within a given country, its isolation on purely national positivist material, with all its importance for every lawyer, are ultimately fatal for jurisprudence as a true science [4]. In view of the foregoing, we consider it necessary and useful to attempt to analyze the development of law in the countries of the above-mentioned region, their relationship with each other, on the one hand, with international and European law, on the other hand. The constitutional development of these states in the transitional period deserves special attention. In the post-Soviet era, at the beginning of independence, these states faced (arose) the vital question of ways of further development. At that extremely difficult time, they chose the path of democratic development. But everyone knows that democracy is not formed by desire alone. To do this, the political, socio-economic and spiritual foundations of society must mature. Building their state-legal development at the initial stage of their independence, the Central Asian countries were based both on their national experience of statehood, as well as on the state-legal experience of developed countries, which was reflected in the Constitutions they adopted. In this regard, it would be useful and interesting from a scientific point of view to compare those articles of the constitutions of these countries, which fix the provisions on the essence of the political regime and political system, as well as on the form of the state. For example, Article 1 of the Constitution of Turkmenistan states that “Turkmenistan is a democratic, legal and secular state in which government is carried out in the form of a presidential republic”[5]. This article of the

Constitution of Turkmenistan enshrined not only the political regime, and the secular, legal, democratic nature of the state, but also its form of government in the form of a presidential republic. But apparently, at present, judging by the actual position of the President in the system of state bodies and political relations, the form of government in this country can be called super presidential. A similar article of the Constitution of Tajikistan declares that “The Republic of Tajikistan is a sovereign, democratic, legal, secular and unitary state. Tajikistan is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person”.[6] If article 1 of the Constitution of Turkmenistan, in addition to the political essence of this state, also shows the form of government, then the similar article of the Constitution of Tajikistan shows the form of government in the form of a unitary state. At the same time, unlike the Constitution of Turkmenistan, the Constitution of Tajikistan establishes that Tajikistan is a social state. Paragraph 1 of Article 1 of the Constitution of Kyrgyzstan stipulates that “the Kyrgyz Republic (Kyrgyzstan) is a sovereign, unitary, democratic republic built on the principles of a legal, secular state”[7]. In this paragraph of Article 1 of the Constitution of this country, unlike the Constitution of Turkmenistan, the form of state administration is not indicated, and, unlike the Constitution of Turkmenistan, the form of state structure is not fixed. The Constitution of Kazakhstan in paragraph 1 of Article 1 stipulates that “the Republic of Kazakhstan asserts itself as a democratic, secular, legal and social state, the highest values of which are a person, his life, rights and freedoms”[8]. Paragraph 1 of Article 2 of the Constitution of Kazakhstan states that “The Republic of Kazakhstan is a unitary state with a presidential form of government”. Thus, this paragraph of Article 1 not only indicates the form of government, but also the form of government of Kazakhstan, which distinguishes this norm from similar norms

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of the Constitutions of the countries of this region. Among the constitutions of the countries of this region, the Constitution of the Republic of Uzbekistan is quite local in fixing the above issues in comparison with others. So, according to Article 1 “Uzbekistan is a sovereign democratic republic. The names of the state “Republic of Uzbekistan” and “Uzbekistan” are equivalent. And Article 2 of this Constitution states that “The state expresses the will of the people, serves their interests. State bodies and officials are responsible to society and citizens”[9]. Based on the foregoing, it can be concluded that in the Constitutions of Turkmenistan, Tajikistan, Kyrgyzstan, Kazakhstan and Uzbekistan, when it comes to the secular, democratic legal and social (Tajikistan) nature of the state, it should be noted that these statements had the character of goals, guidelines for the future to which it is necessary to strive, which these republics have been doing over the years of independence to the extent of their political, economic and social capabilities, from the real degree of political will and aspirations for democracy. When it comes to fixing the form of the state in the Constitutions of the above states, or rather, when it is fixed in some Constitutions and not fixed in others, it must be borne in mind that the form of the state, which are the form of government and political regimes, is phenomena dynamic, the content of which changes in accordance with changes in the political, economic, social life of society. In this regard, the “fathers” of these Constitutions refrained from fixing the forms of the state, bearing in mind the relative volatility of relations in this period of development of the state. As is known, the legal system of the states of Central Asia is close in its parameters to the Romano-Germanic legal family. Consequently, the main source in this legal family is the written law, but not judges who only apply law to a specific case, not creating it themselves. And the decisions of the Plenums of the Supreme

Court are also aimed at ensuring that the relevant norms are applied by the courts in an appropriate manner. At the same time, although the legal systems of the countries of this region are close to the Romano-Germanic legal family, today, in the context of globalization, this legal space cannot be called a zone free from the influence of the Anglo-Saxon legal family. We can observe the influence of this legal family, especially in the area of business and investment. Based on the experience of the Astana Financial and Business Center, similar to the experience of Singapore, Hong Kong and Dubai, where English law is applied for foreign investors, and also bearing in mind the possibility of applying English law in Uzbekistan, it can be argued that this process appears before us as a development trend rights in the region. Here it is necessary to emphasize once again the great place and role of legal consciousness in the legal development of any state or society. Therefore, the question arises whether in every society there are real legal relations provided for in the rules of law, what is the specific share (contribution) of legal relations in the totality of general relations, whether the population always follows the exact legal path to resolve disputes, what reasons and on what basis they turn to legal regulations? What is the level of provision of legal assistance to the population? How many lawyers are there for every 1,000 people? If you pay attention to the figures, then in our country there are a little less than 8,250 people per lawyer. For comparison: in the USA this figure is 256, in Italy -260, in Germany -500, in France -1403, and in neighboring Kazakhstan - 4000[10]. The solution of this issue is undoubtedly important for the legal development of society. In Uzbekistan, in recent years, close attention has been paid to solving this issue, systemic measures are being taken to remove obstacles on this path. In this regard, the Decree of the President of the Republic of Uzbekistan dated May 12, 2018 No. PD-

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5441 “On measures to radically increase the effectiveness of the institution of the legal profession and expand the independence of lawyers” deserves attention, it provides for comprehensive measures to improve legislation in the field of advocacy, to form an effective system of protection rights and legitimate interests of individuals and legal entities, on the introduction of innovative and information and communication technologies in the field of advocacy, as well as on enhancing the role of the Chamber of Advocates of the Republic of Uzbekistan as a defender of the institution of advocacy and other measures. [11]. Also, in the Decree of the President of the Republic of Uzbekistan dated April 29, 2020 “On additional measures to radically improve legal education and science in the Republic of Uzbekistan” was a procedure has been outlined according to which the teaching staff of law faculties, legal technical schools in the future can, with the preservation of their place of work, engage in advocacy without undergoing an internship in lawyer structures[12]. When it comes to the legal development of the above states, it would be logical to pay attention to the concept of legal development. Legal development is the process of growth of legal culture at the level of society as a whole and in all aspects of legal existence, namely, legal regulation, lawmaking, law adoption, law education. This naturally raises the question of how the legal development of a particular nation or state is manifested. Can the presence of a system of legislation be a sign of legal development? However, as repeatedly stated in scientific sources, especially in countries belonging to the Romano-Germanic legal family, and in societies with the presence of legislation, legal development may or may not occur. The conclusion is that the only indicator of legal development is not the existence of legislation. To understand the positive impact of legislation on legal development, it is necessary to determine its legal quality.

Moreover, in the Anglo-Saxon legal system, legislation is not considered a key indicator of legal development to any extent, although within the common law system there are laws issued by parliament, that is, containing general abstract rules, as in the Roman legal system. However, as a general rule, these norms become an element of the legal system only when judges directly apply them in their activities, at least once during the trial. According to the well-known legal theorist Ronald Miles Dvorkin, judges cannot apply the norms of the law without clarifying it to a specific dispute and to the current socio-political situation [13]. The judge cannot obtain a ready-made decision from the general rules, corresponding to a particular case, by a simple implication [14]. The judge in this situation will have to determine the general norm within the framework of current principles, interpret the content of the existing judicial practice formulated up to that time. Continuing reflections on the trends in the development of regional law, it is necessary to state that the legal development of the region is not free from the influence of trends in the development of European law. For example, if we take the trend of increasing the role of judicial decisions in the Romano-Germanic legal system or the trend of the influence of English law on the Romano-Germanic legal family, then we can observe that these trends go beyond the EU, affecting, among other things, the legal systems of countries Central Asia. It should be noted that in the domestic legal literature there are also different approaches to the legal nature of the decisions of the Plenum of the Supreme Court. The authors of these approaches base their vision on the fact that “Judicial acts that have entered into force are binding on all state bodies, public associations, enterprises, institutions and organizations, officials, citizens and are subject to execution throughout the territory of the Republic of Uzbekistan. Failure to comply with a judicial act entails liability established by law”[15]. For

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example, Doctor of Law F.F. Mukhitdinova, recognizes the legal nature of the decisions of the Plenum of the Supreme Court, and considers it necessary to enshrine them in legislation. According to the scientist, the courts, in addition to law enforcement, certainly carry out a law-making function [16].

This scientific approach is also typical of the legal system of other states in the region. We can observe that in Kazakhstan a peculiar practice has developed on this issue. So, academician of the Academy of Sciences of Kazakhstan R. Maidan Suleymanov writes: “Although the legal nature of the decisions of the Constitutional Court and the Plenums of the Supreme Court in Russian Federation is still being discussed - whether they are normative legal acts or precedents - this issue is resolved at the constitutional level in Kazakhstan. Decisions of the Constitutional Council and normative resolutions of the Supreme Court of the Republic of Kazakhstan are binding normative legal acts. [17].

It should be noted that although judicial decisions, especially decisions of the Plenum of the Supreme Court, are de facto binding on the respective courts, it is still difficult to consider them as rules of law, since they are inherently law enforcement in nature.

They do not create new rules, they are guidelines aimed at ensuring the correct application of the relevant norms in practice. As Professor M.N. Marchenko noted: “Unlike orders, decrees and orders on specific issues, a legal norm is addressed not to an individual, but to a circle of people. A legal norm continues to operate after its implementation in social relations and human behavior. [18].

Thus, although the decisions of the Plenum of the Supreme Court have some formal features of a norm of law, such as general obligatoriness and an expression of the will of the state, they cannot be considered a norm of law. Since these decisions do not create new rules of conduct, they only aim to ensure the effective application of existing norms of law. So, the realities of today’s judicial practice in relation to decisions of higher courts. Considering the peculiarities of the development of law at the regional level, it seems necessary to pay attention to the discussions that the decisions of the Supreme Court have a precedent character to one degree or another.

In the scientific literature of the CIS, including among the scientists of the region, there is a discussion about the precedent nature of decisions of higher courts of the supervisory instance, focusing on the question of whether these decisions are precedents or normative legal acts. Here it seems not superfluous to recall that this issue is not only scientific and theoretical, but also practical. It should be recalled that several decades ago, the decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation gradually became de facto binding on lower courts when considering cases of the same type.

This circumstance was confirmed by the Constitutional Court in 2010, and was also reflected to a certain extent by the administrative code of procedure and the civil procedural code of the Russian Federation[20].

At this point, attention should be paid to the fact that during the aforementioned period, the Supreme Arbitration Court (which operated until 2014, and then became part of the Supreme Court) employed highly qualified scientists, judges with extensive experience, whose decisions were the most optimal solution to the dispute, and it seems that this circumstance may have played an important role in the gradual acquisition of the precedent nature of the decisions of the above court.

And therefore, it is quite logical that the lower courts took these decisions as a basis, a model for their decisions1.

In this regard, the question of how things stand in the legal science and practice of the countries of the region on this important task is interesting. Take, for example, the solution of this issue in Kazakhstan, then we can see the presence of sufficient certainty.

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According to academician M. Suleimanov, in Kazakhstan the decisions of the Constitutional Court and the Supreme Court are binding, but cannot be a precedent. At the same time, the aforementioned author does not exclude such a possibility in the future: “decisions of the Supreme Court in specific cases should be gradually transformed into standard judgments of other courts of Kazakhstan in similar cases ...” [23]. If higher courts with highly qualified judges, when considering relevant cases in the first instance, make the most reasonable, legal and fair decision, then it is possible that they will become a de facto model for lower courts when considering cases of the same type. Thus, it can be said that as a result of the legal development of the region, including the development of judicial practice, in particular, the advanced training of judges, the most optimal decisions of these courts, following the results of consideration of certain categories of cases as a first instance, could play the role of a certain model in their qualities, the basis for lower courts when considering cases of the same type. When it comes to general and specific aspects of the development of law in the countries of the Central Asian region, it would be logical to pay attention to their judicial system. Currently, the following system of courts operates in Uzbekistan, including: the Constitutional Court of the Republic of Uzbekistan; Supreme Court of the Republic of Uzbekistan; military courts; Courts of the Republic of Karakalpakstan, regional and Tashkent city courts; Administrative court of the Republic of Karakalpakstan, administrative courts of regions and the city of Tashkent; inter-district, district, city courts for civil cases; district, city courts for criminal cases; inter-district, district, city economic courts; inter-district administrative courts[24].

If we talk about the peculiarities of the development of the judicial system in the countries of the region, then it is necessary to pay attention to the creation of jury trials in Kazakhstan and Kyrgyzstan. In 2007, this institution was also borrowed in Kazakhstan and the continental model of the jury trial was chosen. The Law of the Kyrgyz Republic dated July 17, 2009 No. 234 amended the Criminal Procedure Code establishing the procedure for considering criminal cases with the participation of jurors. Then the Law “On juries in the courts of the Kyrgyz Republic” was adopted, according to which, from January 1, 2015, jury trials were to begin work, and the phased introduction of this institution was to be completed in 2017[25]. But this did not happen. The State Target Program “Development of the Judicial System of the Kyrgyz Republic for 2019-2022” approved by Decree of the Government of the Kyrgyz Republic dated March 7, 2019 No. 112 provides for the “introduction of the institution of jurors.” This document states that Chapter 45 of the Criminal Procedure Code of the Kyrgyz Republic on jury trials will enter into force in stages, starting from 2020 to 2022 [26]. The delay in the introduction of this institution in Kyrgyzstan, in addition to organizational, legal, socio-political factors, was apparently also influenced by the consequences that took place in Russia and Kazakhstan associated with the introduction of this institution. In addition, as experts emphasize, “trust in the courts, according to numerous sociological surveys, is extremely low” [27]. In other Central Asian countries, such as Uzbekistan, Turkmenistan and Tajikistan, there is currently no institution of jury trial. In these countries, the participation of the population in legal proceedings is carried out by the participation of two people’s assessors, who are not professionals in the field of jurisprudence, while a professional judge presides over the process. According to the general opinion, this institution in Kazakhstan

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also needs serious organizational and procedural improvement [28]. At this point, it is not superfluous to recall that the fate of this institution in the West has not always been smooth. How often scientists quote the statement of the French historian C. Cardonne (XIX century) “the jury did not justify the hopes placed on it, as it disappointed everyone with its mildness and condescension towards dangerous criminals” [29]. To date, as can be seen from the development of legislation on jury trials in Russia, many shortcomings, conflicts and contradictions both in the legislation and in the organization of this institution have been eliminated. From this follows the conclusion that the effectiveness of a newly introduced institution depends on a complex of factors, from organizational to psychological in our example [30]. Consequently, the legal systems of the region exist and function interacting and mutually enriching each other. The development of international relations in the context of globalization between states determines the mutual exchange of experience in the legal sphere. III. Conclusion Based on the analysis of some areas of development of the legal systems of the countries of the Central Asian region, we can come to some conclusions:

1. In the modern development of the legal systems of the Central Asian states, there are quite common features due to the commonality of their history, culture, religion and historical destiny. These legal systems in their parameters belong to the Romano-Germanic legal family; 2. At the same time, it is impossible not to notice a certain specificity in the development of the legal systems of these states, not only associated with different levels of economic, political and social development, for example, in the structure of the judicial system, in the codification of legislation, in the constitutional consolidation of the form of the state, etc. 3. On the example of the legal systems of these countries, one can see the influence of the Anglo-Saxon legal system, more precisely, English law in the field of legal protection of business, commerce, etc. Here we can see a refraction, a reflection of the global trend in the development of law in a particular region; 4. In the legal development of these countries, trends are traced, such as convergence with European law, as well as proximity to the legal systems of postsocialist, now sovereign CIS states; 5. At the present stage of development of the legal systems of these states, there are great opportunities and effective potential for mutual cooperation and its further deepening.

1. Philosophical Dictionary. Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. Modern economic dictionary. — 2nd ed., corrected. Moscow: INFRA-M. 479 p. 1999. 2. info.centralasia.institute@gmail.com 3. Marchenko M.N. Problems of the theory of state and law. M.: Prospekt, 2011. (768s.) P.3. 4 Alekseev S.S. The problem of the general theory of law // Bulletin of the Humanitarian University. Series “Law”. 2000, No. 1 (2). P. 6. 5. Constitution of the Republic of Turkmenistan // https://online.zakon.kz/ Document/?

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6. Constitution of the Republic of Tajikistan.// Foreign Constitutions. Comparative analysis of the institutions of the constitutional law of foreign states. //https://www.google. com/search?rlz=1C1GCEA_enUZ927UZ927&sxsrf 7. Constitution of the Republic of Kyrgyzstan//https://cyberleninka.ru/article/n/konstitutsiistran-sng-i-drugih-postsotsialisticheskih-gosudarstv-sravnitelno-pravovoy-obzor 8. The Constitution of the Republic of Kazakhstan//https://cyberleninka.ru/article/n/ konstitutsii-stran-sng-i-drugih-postsotsialisticheskih-gosudarstv-sravnitelno-pravovoy-obzor 9. The Constitution of the Republic of Uzbekistan // https://www.lex.uz/acts/35869 10. There are more than 8,000 citizens per Uzbek lawyer (На одного узбекского адвоката приходится более 8 тысяч граждан) // https://uz.sputniknews.ru/20191113/Naodnogo-uzbekskogo-advokata-prikhoditsya-bolee-8-000-grazhdan-12789686.html.; https:// www.gazeta.uz/ru/2020/06/30/justice/ 11. Decree of the President of the Republic of Uzbekistan dated May 12, 2018 No. UP- 5441 “On measures to radically increase the effectiveness of the institution of the bar and expand the independence of lawyers” // National Legislation Database, 14.05.2018, No. 06/18/5441/1210 12. On additional measures to radically improve legal education and science in the Republic of Uzbekistan .https://lex.uz/docs/4802181 13. Ronald Myles Dworkin; - American and British lawyer, political scientist, philosopher and legal theorist, creator of the concept of “law as integrity / honesty” (English law as integrity). 14. Implication - (from Latin implicatio plexus, from implico I closely connect) a logical link corresponding to the grammatical construction “if .., then ...”, with the help of which a complex statement is formed from two simple statements. (Philosophical Encyclopedia) https://dic.academic.ru/dic.nsf/enc_philosophy/436/ 15. Law of the Republic of Uzbekistan “On Courts” dated July 28, 2021// https://www.lex. Uz /ru/docs/5534928 16. Mukhitdinova F.F. Formation and development of the judiciary in the Republic of Uzbekistan. Abstract on sois. uch. degree doctorate legal nauk.T.: 2012.S.23. 17. Suleimenov M. Prospects for the introduction of judicial precedent into the legal system of Kazakhstan. C.4. http://pravo.zakon.kz. 18 Marchenko M.N. Problems of the theory of state and law. Moscow: Prospekt, 2011.- S.610-611. 19. Suleimenov M. Prospects for the introduction of judicial precedent into the legal system of Kazakhstan. C.4. http://pravo.zakon.kz 20. In 2014, due to judicial reorganization in the Russian Federation, this practice ceased to exist 21. Suleimenov M. Prospects for the introduction of judicial precedent into the legal system of Kazakhstan. C.4. http://pravo.zakon.kz 23 Mukhitdinova F.F. Formation and development of the judiciary in the Republic of Uzbekistan. Abstract on sois. uch. degree doctorate legal nauk.T.: 2012.S.23. 24. Law of the Republic of Uzbekistan “On Courts” dated July 28, 2021// https://www.lex. Uz /ru/docs/5534928 25. Judicial systems of Central Asia a comparative overview Edited by G. Dikov. МА Moscow. Jurisprudence 2015.Обзор судебных систем стран Центральной Азии. – М.: ИД «Юриспруденция», 2015. – 328 с. ISBN 978-5-9516-0753-9 В 2015. 26. cbd.minjust.gov.kg › act 27. cbd.minjust.gov.kg › act

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28. К. Сооронкулова, Н. Сальпиева. Аналитическое исследование :Судебная реформа в Кыргызстане. Рекомендации для лиц, принимающих решения //https:// center.kg/article. 29. См. цит.: Демичев А.А. Периодизация истории суда присяжных в России // Журнал российского права. 2001. № 3. С. 137–150. 30. См. Ahmedshaeva M.A. The role and place of reception of law in modernization of law// https://www.paideumajournal.com/gallery/4-sep2020.pdf

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