The mechanism of interaction between the customary legal systems of the Siberian peoples and the legal system of the Russian empire

Автор: Khlystov Evgeny A.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 2, 2023 года.

Бесплатный доступ

The article deals with the elements of interaction mechanism of customary legal systems of traditional societies with the dominant legal system of a large state, which included peoples who use customary law, on the example of the model of relations that developed between the customary law of the Siberian peoples and the Russian Empire from the moment of accession to the early twentieth century. The novelty of the research is related to the fact that the issue of mutual influence and interaction of customary legal systems and legal systems of multinational powers has not been sufficiently developed in the scientific literature. Based on a number of scientific methods, primarily formal legal and socio-cultural approaches, the author has analyzed the core elements of the customary legal systems of the Siberian peoples, which directly interacted with the legal system of the Russian Empire, such as the collection of yasak, judicial proceedings, criminal law and property relations. It is concluded that on the basis of codification and creation of certain provisions of the law of Siberian aliens (peoples of Eastern Siberia) there was an integration of two legal systems, and further inclusion of the customary law of the indigenous population of Siberia in the legal system of the Russian state, which had an objective historical nature. As a result, by the beginning of the twentieth century, the customary legal systems of the Siberian peoples of the Russian Empire were transformed into separate customs and traditions.

Еще

Mechanism of interaction, customary legal system, customary law, legal system, siberian peoples, russian empire

Короткий адрес: https://sciup.org/149142400

IDR: 149142400   |   DOI: 10.24158/tipor.2023.2.19

Статья научная