Кого могли и кого не могли судить Гиреи? К истории суда и процесса в Крымском ханстве

Материалы по археологии и истории античного и средневекового Причерноморья. 2021. № 13. С. 768–778.

Pochekaev R. Y.

The article is an analysis of the judicial functions of khans of the Crimea since 15th to 18th c. Basic levels and directions of the khan’s justice as the supreme court of the khanate are clarified. Besides that khans are also characterized as organizers of the court of divan, beys’ courts and courts of qadis in accordance with Shariat. Author attempts to answer the question why the justice of Crimean khans was substantially limited in comparison with monarchs of the Mongol Empire and the Golden Horde. At that specific feature of political statement of the Crimean Khanate (as a vassal of the Ottoman Empire and a state with unstable political situation), religious situation in the Crimean Peninsula are taken into account. The sources for the study are official documents of the Crimean Khanate such as khans’ yarliks, court registers, historical chronicles and notes of foreign travelers who visited Crimea in 16th — 18th cc. Author finds that khans of Crimea de-jure saved Chinggisid traditions (as supreme judges in the khanate), but were substantially limited in their court power de-facto because of feudal aristocracy and courts of qadis. Nevertheless, several kinds of cases as before remained in their competence. Also khans had wide potentialities in the field of organization of the court system of khanate.

Keywords: Islamic law, мусульманское право, ханские ярлыки, традиционное право, ханская власть, legal proceedings, суд и процесс, traditional law, yarliks of khans, Crimean Khanate, khan power, travelers' notes, записки путешественников, Крымское ханство