THE SOME FEATURES OF REGULATION OF THE SOCIAL CONFLICTS AT THE KABARDIANS AND THE BALKARS IN 1870-1917

Abstract

The purpose. In the article on the materials of the Nalchik mountain verbal court forms of the social conflicts at the Kabardians and the Balkars in 1870–1917 are investigated. The social conflicts are differentiated depending on the sphere of public life, moral and ethical and valuable reference points, the number of participants, level of social hierarchy and degree of social tension. The author sets as the purpose to reveal features of the social conflicts at the Kabardians and the Balkars in 1870–1917 on the example of the disputes sorted by mountain verbal court of the Nalchik district of the Tersky region. Methods. The methodological base of article is founded on the principles and methods of historical researches. During work the principles of scientific character, objectivity, historicism, systemacity were applied. Besides, structurally functional, social and legal, sociocultural and axiological methods of knowledge of the right were used. Article is prepared on the basis of materials of the Central state archive of Kabardino-Balkar Republic (ф. I-22 «The Nalchik mountain verbal court”). Results. During the research the conflicts connected with the found room and unintentional murders, causing wounds and injuries (including entailed disability by the victim), are considered by “umykaniye” (theft) of the bride, theft of the cattle, etc. It is established that in activity of court the economic conflicts (the disputes connected with inheritance, the property questions connected with guardianship and guardianship, use of the land plots, etc.) dominated. It is noted that a significant amount of the conflicts were bilateral (most of them – material compensations for the stolen cattle). Violation of property rights of the parties was the main cause of the bilateral conflicts. The conclusion is drawn that activity Nalchik mountain verbal vessels has been directed generally to settlement of the bilateral interpersonal economic conflicts at the Kabardians and the Balkars. Scope of results. Results of this research can be used in educational process and the research activity concerning questions of studying of history of court and legal agencies of the North Caucasian region, and historical experience of application traditional peacekeeping the practician in the conditions of devices to new political and legal system.

Keywords

• кабардинцы
• балкарцы
• Нальчикский горский словесный суд
• социальный конфликт
• миротворческая практика.