JUDICIAL SYSTEM OF THE KYRGYZ REPUBLIC AS AN ELEMENT OF A MIXED LEGAL SYSTEM: HISTORICAL LESSONS AND THEIR CONTEMPORARY SIGNIFICANCE

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судебная система, смешанная правовая система, обычное право, адат, шариат, суд аксакалов, правовая традиция, судебная реформа

Abstract

The relevance of the study lies in the need to understand the historical foundations of the formation of the modern judicial system of the Kyrgyz Republic, particularly in the context of its integration into the international legal space and the implementation of the principles of the rule of law. The purpose of the article is to analyze the evolution of judicial institutions in Kyrgyzstan within chronological and legal frameworks, to identify the features of the mixed legal system and determine how historical legacy influences current reforms. The scientific novelty lies in a comprehensive examination of the judicial system of the Kyrgyz Republic as a component combining features of various legal families — traditional, religious, common law, and continental – which allows for an original interpretation of its legal identity. The methodological framework includes historical-legal, comparative-legal, formaldogmatic, and institutional approaches, which provide a comprehensive analysis of sources, normative acts, and academic literature. The results of the study highlight the key stages in the development of the Kyrgyz judicial system and show that traditional institutions, such as the courts of aksakals (elders), have been preserved and integrated into contemporary legal practice. It is established that the Kyrgyz legal system has historically evolved as a mixed one, and its resilience largely depends on the continuity and organic use of legal traditions. The uniqueness of the article lies in its interdisciplinary approach to the cultural and historical conditionality of judicial reform.

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Published

2025-05-15

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