Чингизидское право - ius commune средневековой Евразии

Lex Russica (Русский закон). 2026. Т. 79. № 9. С. 130–141.

Pochekaev R. Y.

The article seeks to characterize the legal system of the Mongol Empire, which continued to operate in its successor uluses (termed here provisionally as Chinggisid law), as the ius commune of medieval Eurasia. Chinggisid law originated as the legal framework for the largest steppe empire in history and retained its relevance even after the collapse of Chingis Khan's empire, continuing to be applied in states governed by his numerous descendants. Chinggisid law's sources, principles, and institutions remained in use in both the direct successors of the Mongol Empire (or its uluses) and former vassal states. In some cases, these legal elements endured even under rulers who explicitly distanced themselves from their Mongol forebears. The author highlights the core state and legal institutions of Chinggisid law, which underpinned a unified legal space in medieval Eurasia and allowed officials from different polities to interact using a common legal framework. These included consistent principles of law-making and of administrative and judicial practice, shared legal sources, and similar institutions for governance, taxation, etc. The role of Chinggisid law as the region's ius commune is further evidenced by the borrowing of some of its institutions by states that retained their own legal orders under Mongol rule — notably, Muscovite Rus'.

Keywords: common law, общее право, Islamic law, мусульманское право, ius commune, Золотая Орда, Golden Horde, ханские ярлыки, традиционное право, Монгольская империя, Imperial legislation, имперское законодательство, Mongol Empire, средневековая Евразия, traditional law, ius commune, "степные империи", traditional court, традиционный суд, Steppe empires, khans’ yarliks, medieval Eurasia, law of Muscovy, право Московской Руси