Historical aspects of legal regulation of protection of the rights of children-orphans and children left without parental care in Kazakhstan

Аннотация

Kazakh society has always cared for orphans, which is reflected in its legislation and customary law.
The main purpose of this research is to examine the historical development of family law of Kazakhstan,
in which special attention is paid to legal regulation of issues relating to children-orphans. At the result
there was revealed its advantages and disadvantages, as well as the experience of the legal norms in
respect of orphaned children, including their upbringing and adoption. This research traces the evolution
of Kazakhstani laws on the protection of children-orphans and their interests, including adoption, guardianship
and patronage since the moment of formation of the Kazakh Khanate and to the present day.
There was examined the various historical events that have influenced the causes and consequences of
the formation of customary law, the Kazakh Soviet family law and law of modern Kazakhstan. Article was
reviewed such legal documents as the codes «Оn marriage and the family», and also used the method
of historical comparison of these legal acts. In addition, there were considered the works of Kazakh,
Russian and foreign scientists with the aim of obtaining more detailed information on the legal protection
of the interests of orphans at each stage of the historical development of the Kazakh family law.
Because, today, there are not many works concerning historical and legal overview of the regulation of
the protection of orphans in Kazakhstan, this study will allow to briefly learning the history of Kazakhstan
legislation about orphans in general.
Key words: orphan, adoption, guardianship, custom law, family law, Soviet Kazakhstan, Kazakhstan.