Justice is one for all, even if the mentality is the Asian …
The Kyrgyz Republic is the most democratic of the states of Central Asia according to the opinion of many people. It is important that not only political system developed, but also judicial - it is one of the most important criteria of the democratic development. How are the things in the republic in this sense?
The member of the Association of lawyers of Kyrgyzstan, lawyer Sergey Vladimirovich Radchenko told us about it:
- It is necessary to remember first of all that we don’t live in Europe, but in Asia. And, respectively, the mentality here is not European, but Asian with all consequences …. For example, the articles are another here. I do not think that there is such article in Russia as kidnapping of the bride! The numbering of articles here is another too, but as a whole, and it is quite clear, much is copied from the experience of other countries, including the Russian.
Certainly, there is the difference if to compare with the neighbors. Everything is very rigid in the same Uzbekistan: not the definite person told a word and the problems began. In Kyrgyzstan it is possible to speak much more, but all the same it is necessary to think that you speak, especially recently. There was a case of criminal case prosecution against the citizen of the Kyrgyz Republic of Slavic nationality for sharp statements in mass media on an ethnic question. I didn't know that there were similar cases concerning the citizens of the Kyrgyz Republic – the Kirghiz.
I have to note that there are not many criminal cases which are characterized by the phrase – “on the national ground”. Usually it is simply household conflicts without nationalities.
Do the citizens always go to court? No, certainly. If there is a possibility to solve a question on custom, they will try to solve it. But, I will notice that people began to apply in court with claims more frequently! Take the least kidnapping of the bride. Earlier it was simply impossible to present that the criminal case can be started: what to do if there is such custom… The brides were abducted from a home too regularly in the Soviet period, but the subject didn't exist. And now not only criminal cases are already brought on such facts in the republic, but these affairs reach court and there are sentences. While, however, “bridegrooms" received only the conditional sentences …
I don’t see any “national” moment concerning my work as the lawyer. The people of different nationalities apply for the help for me as the lawyer and very often the Kirghiz. After all, not a nationality is important for the client, but absolutely other qualities. However, probably affairs are thereby as I have no political ambitions …
Do we have the political cases? Yes. For example, the meetings began to occur even more often in the republic after the Osh events of two-year prescription. On the one hand, it is the democracy. But there is also a reverse of the medal: the person got out the people on the street the action isn't coordinated with somebody, somebody is not responsible for anything … It shouldn't be!
They try to give political coloring to many cases though there is no trace of policy there. There are many conversations; as to listen, so it is the theory of the world plot in its pure form … And actually, there is nothing in the actions of the accused except as mercenary purposes.
What most of all now disturbs? The conversations that the Russian language should change the status: they say, it is no need to be the official language if there is the state Kyrgyz. Now the Russian has just the same rights, as well as the Kyrgyz in the judicial system. The case can be tried as in the Kyrgyz and in the Russian language. But, if those who advance the idea about the Russian’s replacement achieve it, so nothing good would be! It will be simple a nightmare! For example, elementary there are no textbooks to prepare the lawyers in the Kyrgyz language. All terms, as you understand, are taken not from the Kyrgyz language too. Even when the Criminal Code was translated from the Russian to the Kyrgyz language, then the confusion began …
The politicians who pursue any personal purposes, in this case should understand that measures offered by them won't result in wellbeing of the republic. Most likely, absolutely on the contrary. And it is when all citizens of the republic of Kyrgyzstan are interested in a stable and full development of judicial system.
Viewed : 1012 Commented: 2
Author: Vladimir Kuzmenkin
Publication date : 05 June 2012 13:14
Source: The world and we
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