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DOI: 10.46698/VNC.2024.93.54.005

SPECIFICITY OF LEGAL PLURALISM OF THE PEOPLES OF THE KBR: CIVILIZATIONAL FOUNDATIONS OF THE INSTITUTIONS OF CUSTOMARY LAW

Shaozheva, Natalya A. , Ulbashev, Murat A.
Izvestia SOIGSI. 2024. IIS 54 (93). P.56-65.
Abstract:
The article covers a number of problems of the genesis of the norms of traditional behavioral
norms of the Kabardins and Balkarians. Particular attention is paid to adat standards in their
connection with the functioning of ethnic institutions of the power and control plan – the structures
of myrtazaks and beygols. Being a product of potestar forms of social organization, the people’s
police of the peoples of Kabardino-Balkaria retained its functional significance until the end of
the first quarter of the 19th century, quite successfully adapting to the successive evolutionary
changes of national communities. The reason for such a stable existence of primary law enforcement
agencies among the Kabardino-Balkaria ethnic groups was the variety of social orders of life and
reproduction, which retained the features of almost all civilizational locations associated with the
North Caucasus. It is shown that the culture of the indigenous peoples of the republic carries relics
of a wide variety of modifications of the social structure, including even rudiments of the urban way
of life. This variety of normative standards of Kabarda and Balkaria was preserved until the final
destruction of the feudal hierarchies of peoples, which became inevitable when the Russian Empire
entered the orbit of statehood, and, in many respects, was initiated by it. It is concluded that the
norms of the traditional law of the peoples of the Kabardino-Balkaria Republic, which went back
to genetically different civilizational stages, did not differ by the tsarist administration. And the
main point of the formation of the conflict between the systems of statehood of the Russian Empire
and the residual forms of sovereignty of the peoples of Kabardino-Balkaria in the late 18th – early
to mid-19th centuries was not the phenomenon of polyjuridism (“legal pluralism”) itself, but the
preservation in the general body of polylegal views and standards of the institutions of archaic,
potestar communities, which regulated the life of the ethno-society only partially.
Keywords: regulatory space, customary law, social model, potestar society, supervisory functions, polyjuridism, ethno-society.
Download the full text  
For citation:: Shaozheva, N.A., Ulbashev, M.A. Specificity of legal pluralism of the peoples of the KBR:
civilizational foundations of the institutions of customary law // Izvestiya SOIGSI. 2024. Iss. 54 (93).
Pp.56-65. (in Russian). DOI 10.46698/VNC.2024.93.54.005
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