Кризис ханского правосудия: «арз» в Хиве в XIX – начале XX в.

История народов России в исследованиях и документах. 2022. № 9. С. 236–249.

Pochekaev R. Y.

The article is an analysis of “arz” tradition, the court of khan on recourse of subjects by the example of the Khanate of Khiva in the 19th – the early 20th century. Basing on notes of contemporaries and other historical sources author observes the evolution of this traditional legal institution during the reign of Kungrat dynasty, since the beginning of the 19th century, examples of such court, subject-matters of cases, the court procedure. Author finds that at the beginning of the 19th century this court was important for khans as well as for their subjects, but till the middle of the century it transformed into formality and by the 20th century it became something like a theatrical performance without previous functions. This kind of court was an obvious anachronism even for Khivans, but its saving was an attempt of Khivan khans to support the illusion of their power in the khanate under protectorate of the Russian Empire.

Keywords: Russian Empire, Российская империя, традиционное право, хивинское ханство, суд и процесс, traditional law, protectorate, протекторат, court and proceedings, Khanate of Khiva