К вопросу о «военном праве» и ответственности за воинские преступления в тюрко-монгольских государствах XIII–XIV вв.

Mongolica. 2023. Т. XXVI. № 3. С. 12–24.

Абзалов Л. Ф., Гатин М. С., Мустакимов И. А., Pochekaev R. Y.

Th e article is an analysis of the system of sources of the military law in the Turkic-Mongol states of the 13th–14th cc. as well as on specifi c features of responsibility for military crimes. Authors fi nd that basic principles of military organization, soldiers’ duties and waging of military campaigns were fi xed in the decrees of Chinggis Khan (the Great Yasa, etc.). But decisions connected with specifi c military operations were realized in special khans’ edicts — yarliks or fi rmans which were brief enough to avoid double meaning. Th e Russian translations of such yarlik from the medieval Persian treatise “Dastur al-katib” (“Guide for the Scribe”) written by the Persian offi cial Muhammad b. Hindushah Nahchivani in 1360s, is published in this article for the fi rst time. As for military crimes, Mongol imperial law regulated responsibility of subordinates and their punishment by commanders, but did not provide the responsibility of warlords for mistakes and defeats in battles. In such cases they were judged by imperial court “jarghu” (“yarghu”) which determined their punishment and submitted it to the approval of khan himself. Th e responsibility of chief military commander is studied on a base of some cases of military crimes in the Mongol Iran of the end of the 13th — beginning of the 14th c.

Keywords: военное право, традиционное право, Монгольская империя, Mongol Empire, Хулагуиды, military law, traditional law, арабо-персидские источники, Arabo-Persian sources, Chagatai Ulus, Чагатайский улус, воинские преступления, military crimes, Khulaguid state