On May 13 of this year at the Eurasian Law Academy named after Kunayev hosted a round table dedicated to the 95th anniversary of the Patriarch of Kazakhstan jurisprudence Uzakbai KUDAIBERGENOV.
It was attended by colleagues, relatives, friends, students of the famous legal scholar. The participants of the event warmly recalled the famous lawyer who made a significant contribution to the formation of Kazakhstan's legal system and national legislation. Thanks to his knowledge and practical skills, Professor U.D. Kudaibergenov in 1960 became chairman of the Legal Commission under the Council of Ministers of the Republic (by modern standards, he headed the Ministry of Justice). In the future, he realized his huge potential in teaching.
On January 10, 2022, a remarkable man, a prominent representative of the scientific intelligentsia of our country, Professor of the D. A. Kunaev Eurasian Law Academy Uzakbai Dilmagambetovich Kudaibergenov, would have turned 95 years old. He was born into a peasant family in the village of Bashen-Kol, Temir district, Aktobe region, and lived a big, eventful life, remaining in the ranks until its last days as a citizen who cares about the fate of the country.
And there is no doubt that the wonderful name Uzakbai, given by relatives to a newborn, played a special role in the active longevity of Professor Kudaibergenov. It is not for nothing that American scientists, after many years of research, were able to prove how the name factor can affect a person's life, advising all future parents to carefully choose a child's name, as it leaves an imprint on his entire future life.
In 1943, U.D. Kudaibergenov, having graduated with honors from the secondary school of the Temir district center of the Temir district of the Aktobe region, entered the Alma-Ata State Law Institute. In the third year of the Law Institute, as an excellent student and a social activist, he was awarded the Stalin Scholarship for outstanding achievements in academic and social work.
After graduating from the Law Institute in 1947, Uzakbai Kudaibergenov was admitted to the postgraduate school of the law sector of the Academy of Sciences of the Kazakh SSR, in 1949 he was sent to study at the full-time postgraduate school of the Institute of State and Law of the Academy of Sciences of the USSR. The scientific supervisor of the young promising scientist was Doctor of Law, Professor of the Institute of State and Law Maria Pavlovna Kareva, a prominent specialist in the field of theory of state and law.
And already on September 26, 1952, U.D. Kudaibergenov at a meeting of the Academic Council of the Institute of State and Law of the Academy of Sciences of the USSR brilliantly defended his PhD thesis on the topic: "Socialist legal consciousness". The official opponents of the applicant were well-known Soviet jurists: corresponding member of the USSR Academy of Sciences, Doctor of Law, Professor Mikhail Solomonovich Strogovich (author of the first Marxist textbook on the theory of state and law, published in 1940 (together with S.A. Golunsky), as well as Candidate of Law, Associate Professor Kerimov Dzhangir Abbasovich (who later also became a corresponding member of the USSR Academy of Sciences (1966). It is noteworthy that both Strogovich M.S. (1894-1984) and Kerimov D.A. (1923-2015) lived a long and rich life in creative terms, as if receiving an invisible charge on behalf of the candidate of the degree of Candidate of Legal Sciences Uzakbai Dilmagambetovich Kudaibergenov, who subsequently dedicated such lines to his teachers:
Their path in science
He was a model for me.
Although it is difficult and thorny,
I still fell in love with him.
Since 1953, U. Kudaibergenov worked as a senior lecturer, associate professor (since 1956) of the Alma-Ata Higher Party School. In May 1960, by the decision of the Government of the Kazakh SSR, he was appointed Chairman of the Legal Commission under the Council of Ministers of the Kazakh SSR, formed by the Decree of the Presidium of the Supreme Soviet of the Kazakh SSR in connection with the abolition of the Ministry of Justice. The Legal Commission carried out a huge amount of work related to the codification and systematization of the legislation of the Kazakh SSR, as well as the development of draft legislative acts and decisions of the Government of the Kazakh SSR on regulatory issues. In particular, under the leadership of Kudaibergenov as Chairman of the Legal Commission under the Council of Ministers of the Kazakh SSR, for the first time in the history of the republic, work on fundamental projects of the civil, criminal, civil procedure and criminal procedure codes of the Kazakh SSR was started and completed in a short time.
In this regard, it is impossible not to note such an unforgettable participation of Uzakbai Dilmagambetovich at the historical conference of Asian and African lawyers in the capital of the Republic of Guinea - Conakry, dedicated to the topic: "The role of lawyers in the fight against foreign military bases, racial and national discrimination and the construction of a democratic state in the former colonies of imperialism", held during a week in October 1962.
In September 1963, U. Kudaibergenov, on his own initiative, resigned from the post of chairman of the Legal Commission under the Council of Ministers of the Kazakh SSR and, despite new proposals for his appointment to high positions in the state apparatus of the republic, transferred to the Department of Theory and History of State and Law of the Faculty of Law of the Kazakh State University to engage in his favorite creative research work. As Uzakbai Dilmagambetovich himself has repeatedly explained: "Clerical work is not for me, there is no creativity in official work, since a person becomes only part of the bureaucratic apparatus. Therefore, he did not aspire to an official career. Clerical work did not appeal to me. He himself resigned from a post in the Government equal to the post of deputy minister. He also refused the post of deputy prosecutor of the Republic. I liked the work of a teacher in higher educational institutions - lively, creative work with the younger generation of the country." It is not for nothing that they say: creative people are the conductors of some divine plan, while the lack of creativity in the character allows many to be complaisant and quirky, which is required for official work.
In 1968, Uzakbai Kudaibergenov moved to the position of senior researcher at the Department of History and Theory of State and Law of the Institute of Philosophy and Law of the Academy of Sciences of the Kazakh SSR, where a wonderful creative atmosphere was created under the leadership of the Director of the Institute, Academician S.Z. Zimanov. But in 1970 , at the invitation of the leadership of the Alma-Ata Higher Party School, the most prestigious higher educational institution of the republic, he goes from senior lecturer to head of the Department of Soviet State Building and Law of the Alma-Ata Higher Party School, engaged not only in scientific and pedagogical, but also in intense socio-political work. At the same time, the remarkable personal qualities of Uzakbai Dilmagambetovich helped to create a creative and friendly atmosphere at the department headed by him, which contributed to the development of pedagogical and scientific activities of the department as a leading unit of the Alma-Ata Higher Party School.
"Your creative and inspired work in this position," it was noted in this regard in the address folder of the Alma-Ata Higher Party School on the occasion of the 60th anniversary of Uzakbai Kudaibergenov, "you successfully combine with active social work, you are a member of the party committee of the school, an active lecturer of the society "Knowledge", a member of the scientific advisory council at The Ministry of Justice of the Kazakh SSR, you were elected a deputy of the Frunze District Council of People's Deputies of Alma-Ata, you often speak in party, Soviet and Komsomol organizations, in law enforcement agencies, labor collectives."
It was during the years of work at the Alma-Ata Higher Party School that U.D. Kudaibergenov took an active part in the preparation of the draft of the new Constitution of the republic in connection with the adoption by the Supreme Soviet of the USSR of the Constitution of the USSR 1977. "Dear Uzakbai Dilmagambetovich, - the letter of thanks of the Presidium of the Supreme Soviet of the Republic says. - The Presidium of the Supreme Soviet of the Kazakh SSR expresses its gratitude to you for your active participation in the preparation of the draft of the new Constitution of the Kazakh SSR, which was adopted at the extraordinary seventh session of the Supreme Soviet of the Kazakh SSR on April 20, 1978."
In connection with this letter of thanks, it is also impossible not to mention a remarkable case from the distant childhood of Uzakbai Dilmagambetovich, who has become a guide for his entire subsequent life related to law and the Constitution, which has not yet been realized for the child. In August 1936, he, a student of the 4th grade, at the request of members of the propaganda brigade, read out the text of the draft Constitution of the USSR of 1936, printed in Latin script, to illiterate villagers of his native village of Bashen-Kol.
Since October 1991, in connection with the closure of the Alma-Ata Higher Party School due to the actual collapse of the party-Soviet system and the collapse of the USSR, U.D. Kudaibergenov has been invited to work in the apparatus of the Supreme Soviet of the Republic as a scientific consultant and subsequently head of the sector of the Committee on State Building and Regional Policy of the country's highest representative body.
During this truly epoch-making period of time for our country, Uzakbai Dilmagambetovich took an active part in the preparation of a number of drafts of the constitutional law "On State Independence of the Republic of Kazakhstan", the law "On local representative and executive bodies" and other historical documents. And, of course, the most striking turning point not only in the life of U.D. Kudaibergenov, but also the country as a whole, became his work as a member of the Constitutional Commission for the development of the draft of the first Constitution of the Republic of Kazakhstan, solemnly adopted by the Supreme Council of the country on January 28, 1993.
It was in the committees of the Supreme Council that developed various regulatory legal projects on the formation of a new independent state - the Republic of Kazakhstan - that a new social order, a system of relations in the country was practically established, which was dictated by objective reality, the demands of everyday practice. And these social needs, the demands of modern times were crystallized and clarified with the help, in particular, of scientific research and generalizations, memos of employees of the committees of the Supreme Council, as a rule, who had scientific degrees. Scientific and practical recommendations and conclusions prepared by them, of course, could not but form public opinion, which had a significant impact on the nature of laws and other legal acts adopted by the Supreme Council. All this suggests that legal scientists also participated in the formation and formation of the Republic of Kazakhstan as an independent sovereign state, and among them the name of Uzakbai Dilmagambetovich Kudaibergenov must be named.
Subsequently, in connection with the dissolution of the Supreme Council of the Republic of Kazakhstan of the 13th convocation, from May 1995 to June 1996, U. Kudaibergenov worked as Deputy Director for Scientific Work of the Research Institute of Legislation under the Ministry of Justice of the Republic of Kazakhstan. Under the leadership of Professor Kudaibergenov, the Institute was engaged not only in the preparation of conclusions on numerous drafts of new legislative acts of the Republic of Kazakhstan, but also in intensive research work focused on nodal, theoretically complex and practically important problems of state legal practice. After all, full-blooded rule-making activity is impossible without a scientific understanding of the rapidly changing legislation and regulatory practice of state bodies.
From July 1996 until the last days of his long and full of creative research life, Uzakbai Kudaibergenov worked at the D.A. Kunaev University (now the D.A. Kunaev Eurasian Law Academy), fruitfully combining teaching and fundamental scientific work. He has published more than 100 scientific and popular scientific works in collections of materials of scientific and practical conferences and in republican socio-political journals. His teaching manual on the theory of state and law (2000), which is still popular among students, also received wide recognition in the scientific and pedagogical environment.
Generously gifted with the talent of a researcher, Professor Kudaibergenov made a great contribution to the study of the problems of state-building, the constitutional foundations of the formation of Kazakhstan as a democratic and rule of law state. At the same time, the scientific interests of U.D. Kudaibergenov, from the standpoint of high citizenship defending the fundamental provisions of the legal policy of the state, were not limited to purely state problems. He was also keenly interested in the issues put forward by the legal reality of the country - the issues of legal education of various segments of the population, raising the level of legal awareness of society, legal culture and legal outlook of the individual. The scientific works of the professor remain an inexhaustible source of theoretical political and legal ideas, many of which have been embodied in scientific publications of his students and followers and will still be actively implemented in the practice of building the legal statehood of New Kazakhstan.
Professor Kudaibergenov was not only a talented scientist, but also an excellent teacher, the classes conducted by him were popular, having a high appreciation of the student audience. His lectures on the academic disciplines "Theory of State and law" and "Constitutional law of the Republic of Kazakhstan" were distinguished by a high theoretical level, a lively connection with the practice of state bodies, a fascinating form of presentation. No wonder U.D. Kudaibergenov, the author of the remarkable creation "A Song in honor of Science "Theory of State and Law", notes that he is a prisoner and a servant of the beautiful theory of law, in which the high achievements of philosophy and sociology of law, and the wise science of the theory of state and law as the support of all jurisprudence, the concepts of which are no less valuable than the laws of natural sciences.
As an experienced mentor of young people, he was well-versed in various methods of creative learning, passing on to the younger generation his outstanding knowledge and skills of research work, giving impetus to the enthusiasm of students and undergraduates for scientific research, future work in law enforcement. The talent of an excellent lecturer, deep knowledge of fundamental state-legal problems, a practical approach to the theory of state and law and constitutional construction of the Republic of Kazakhstan won the professor great love and respect of the students. Moreover, the total teaching experience of Uzakbai Dilmagambetovich in the country's universities was more than 53 years!
Uzakbai Kudaibergenov took an active part in public work. He was a deputy of the Frunze District Council of Workers (1965-1969), a member of the Scientific Advisory Council of the Ministry of Justice (1961-1963), a lecturer of the republican society "Knowledge". In this regard, it is impossible not to quote the words from the congratulatory letter of the Presidium of the Board of the Alma-Ata city organization of the society "Knowledge" (1987) to Professor Kudaibergenov: "Your fruitful public activity is a vivid evidence that the word of the lecturer has a greater mobilizing power. You have been a member of the society "Knowledge" since its foundation and in this field you make a worthy contribution to the promotion of socio-political and legal knowledge. During this time, you have become a recognized speaker, a highly qualified lecturer, one of the most respected and authoritative in the capital of Kazakhstan."
For a number of years, Professor Kudaibergenov, as one of the authoritative domestic legal scientists, was a member of the academic councils of scientific institutions and universities of the country - the Institute of Philosophy and Law of the Academy of Sciences of the Kazakh SSR (1968-1970), the Almaty Higher Party School (1970-1991), the D.A. Kunaev University (1997-2019).
Colleagues and relatives have always noted the human qualities of Uzakbai Dilmagambetovich - benevolence, sensitivity, responsiveness. And it's not just benevolence and responsiveness, when you see live that this is a particularly wonderful warehouse of soul and character, a noble embodiment of the value of a Person, a bright Personality, always ready to share with you the necessary advice. Many of his lessons as a mentor, wise words remain with us for life, helping not only in professional activities, but also in personal life.
It is especially necessary to note his genuine intelligence, truly encyclopedic knowledge in the field of world history, literature, and especially classical poetry. On this occasion, it is impossible not to quote the words of the professor himself: "without elegant literature, without poetic books, the creations of thinkers, I cannot think of a full-fledged life":
They ease the hardships of being,
A weary heart is given joy.
At the same time, Uzakbai Dilmagambetovich, a passionate admirer of literary creativity, was himself the author of poetry collections that contain the author's reflections on human life and its contradictions, on the duty and responsibility of a person to people and society. Based on many years of personal experience of teaching in law schools of the country, the author paid great attention to the issues of revealing the role of law and legal education in the spiritual and moral growth of a person, in improving the legal culture of citizens. And as the poet himself wrote, in his poems "there are traces of my reflections about life and the people around me":
About the lessons of life that I have learned.
The most important of them for me is this:
Work hard! Your civic duty
Be always ready to perform honestly.
For his conscientious work, Professor Kudaibergenov was awarded the state medals "Veteran of Labor" (1978), "For Valiant Labor" (1982), "Kazakhstan Constitution 25 Zhyl" (2020), jubilee state medals dedicated to the Victory in the Great Patriotic War (1995, 2005, 2015), certificates of honor of the Central Committee of the Communist Party He was also awarded the state rank of "Adviser of Justice of the first class" and was awarded the high honorary title "Honored Lawyer of the Kazakh SSR".
For outstanding achievements in many years of scientific and pedagogical activity, he was also awarded the honorary title "Honored Worker of the Higher School of Kazakhstan" with the award of the badge "For Special Services to the Republic". For his exceptional contribution to the state-building of the Republic of Kazakhstan and special merits, he was also awarded a personal pension of republican significance.
Having been awarded so many state and public awards, U.D. Kudaibergenov has always remained a modest man, full of sincere charm and genuine optimism, always ready to help everyone who needs it. Remembering Uzakbai Dilmagambetovich, his colleagues note his remarkable human qualities: sincere cordiality and warmth, intelligence, decency. There is no doubt that Professor Kudaibergenov's life is a vivid example of devoted service to the Motherland, loyalty to science, and conscientious fulfillment of his duty. He remains for us, first of all, a Man with a capital letter, whom not only us, his students and colleagues, but also future generations of lawyers of New Kazakhstan should look up to. The bright memory of Uzakbai Dilmagambetovich Kudaibergenov will forever remain in our hearts.
Kabdulsamikh AITKHOZHIN, Doctor of Law, Professor, Head of the Department of Constitutional, International Law and Customs Affairs of the D.A. Kunaev Eurasian Law Academy
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