Рукопись Ц. Жамцарано из фонда ИВР РАН "Отрывок о том, как вести тяжбу" - источник по истории монгольского права
There are potentialities of using of M.A. Usmanov’s methods (developed for research of official acts of the the Golden Horde and its successors) conformably to study of legal acts of Central Asian khanates of 16th – beginning of 20th cc. are examined in this article. Author analyzes historiography of study of Central Asian legal acts, reveals several mistakes made by previous scholars, clarifies opportunities of applying of M.A. Usmanov’s methods to meet lacks and remove stereotypes about law of Central Asian khanates which were made before. Using of M.A. Usmanov’s methods, in particular, allows us to observe the succession of legal development of late medieval Central Asian khanates from the Mongol Empire, Golden Horde and other imperial states of Chinggisids, reveal co-relation of Islamic and Chinggisid (“khans”) law in these states, saving in it of Mongolian imperial legal institutions, principles and regulations.
Article devoted to analysis of political activity of Uzbek khan Muhammad Sheybany and Crimean khan Muhammad Girey I at the beginning of the 16th c. Author examines politics of two khans using historical-legal approach and concentrated on analysis of administrative system established by both monarchs, their relations with other rulers of former Golden Horde territories. As a result, he concludes that both khans positioned themselves as legitimate heirs and successors of the disintegrated Golden Horde and attempted to restore this state as they were not satisfied by control of certain regions of the former empire. Despite the fact that Muhammad Sheybany acted from the east of the Juchid Empire and Muhammad Girey from the West, both used the same political and legal methods to take under own control former possessions of Juchids including central regions of the Golden Horde – Volga and Ural ones. Although they declared restoration of the former empire, we shouldn’t consider their activity as attempts to “throwback”: both leaders understood clearly that political situation and legal system were changed and tried to construct their power in accordance with new realities. It was reflected, in particular, in forming the system of vassalage instead centralized imperial state, co-rule (elder and younger khans), appealing to Mohammedan political and legal principles to legitimate khan’s power, etc. But it seems that finally just effective activity of Muhammad Sheybany and Muhammad Girey I caused the opposition of powerful political forces against them – interior as well as foreign ones. As a result, both khans were killed while were at the peak of their power, and since that tiem Juchids had to give up the dream of restoration of the Golden Horde.
The article devoted to the analysis of ereje, resolutions of conferences of Kazakh people courts established as a result of reforms of 1867–1868 when Kazakhstan was completely integrated into the Russian Empire. From one side ereje were based on principles and rules of the Kazakh customary law. From another side they were established under the strong influence of the Russian imperial legal institutions. Consequently, they reflected gradual integration into the Russian political and legal field and economical relations.
There is shown the fact that during the jurisdictional procedure a number of persons (not only the criminals or suspects, but the damaged, their relatives, accidentally drawn in people) is involved in the article. All of them are under the pressure of different elements of the criminal-law regulators, which are able to put them in the dependent position, promoting the exploitation effect, infringing on the freedom. The same arguments are the base for the notion of penitentiary exploitation. There is grounded following idea: the combination of product-fake exploitation, nicotinic one, alcohol one, and narcotic one presents a significant social jeopardy and should be restricted by the sufficient criminal law regulation.