THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS IN KAZAKH CUSTOMARY LAW

In the article, the authors provide evidence that human rights and freedoms were already relevant in Kazakh society during the khanate era. For a people who upheld steppe democracy, freedom and justice were considered the highest values, and human rights and freedoms were ensured thanks to the impartial decisions of the biys (traditional judges). The aim of customary law was not simply to punish the offender, but, while punishing, to restore the harm caused by the crime. At present, punishment remains, but the restoration of harm is left aside. The damage suffered by the victim is not compensated; instead, the penalty replenishes the state treasury.