Некоторые аспекты статуса судей в оседлых регионах Казахского ханства (на основе грамот из Сыгнака)

С. 18–28.

Pochekaev R. Y.

The article is an attempt of reconstruction of several elements of the legal status of judges in the sedentary regions of the Kazakh Khanate. There were Islamic judges qadi who were in charge of wide circle of administrative and court functions in the cities. The status of judges is analyzed on a base two so called “edicts from Sygnak” related to the appointment of judges in this city in 16th cc. which contain a list of their functions as well as rights, advantages and privileges, refer the endowment of judges. Despite the fact that this documents are widely known and often used by scholars, they seem to be perspective for the further study as contain valuable information not only for historians, bat also for jurists – historians of law. The article is an attempt of historical legal and formal legal research of mentioned edicts to clarify specific features of the policy of Kazakh khans towards their sedentary regions in the studied period, to exposure the degree of inheritance their policy in this direction from the Jochi Ulus (Golden Horde) and to reconstruct the status of qadi by comparing it with their status during the Golden Horde period as well as with status of contemporary judges in other Chinggisid states.

Keywords: ханские ярлыки, Казахское ханство, суд и процесс, yarliks of khans, Kazakh Khanate, status of judge, статус судей, privileges and immunities, привилегии и иммунитеты, court and proceedings, Sygnak, nomadic and cedentary population, Сыгнак, кочевое и оседлое население

In book

Историческая урбанистика Казахстана: актуальные вопросы теории и практики: Материалы Международного научно-практического форума

Астана: Университет КАЗГЮУ имени М.С. Нарикбаева, 2022.