Некоторые особенности решения имущественных и наследственных споров в горских словесных судах Кубанской и Терской областей в 1871–1918 гг.

Abstract

The article studies some features of solving property and inheritance disputes in the mountain word courts of the Kuban and Terek regions in 1871–1918. The specifics of their activities are studied on the records and statistical materials of the Yekaterinodar, Maikop and Balalpashinsky mountain word courts (MWC) in the Kuban region and Khasav-Yurtovsky, Groznensky, Vedensky, Shatoevsky, Nalchik, Nazranovsky and in the Terek region. The models of decision-making on typologically similar disputes and conflicts and their forms of documenting them were characterized common for all MWC; the specifics of their traditional institutions of socio-normative culture and local peculiarities of dispute and conflict resolution were revealed. On the basis of the analysis of law enforcement practice of the mountain verbal courts, the list of types of civil disputes that they deal with is proposed. Interim measures applied by the verbal courts to enforce court decisions (arrest of the defendant’s property, sale of the debtor’s property from public tenders and auctions, etc.) are described. The grounds for termination of proceedings in civil cases have been identified. It was determined that pre-trial reconciliation of conflicting parties in civil and inheritance disputes was documented in the form of “amicable deals “amicable tales “amicable tales”. It was found that the final amount of material compensation (the main form of liability in the resolution of this category of disputes by the MWC) almost always consisted of two components: the cost of damage and the costs associated with the resolution of the dispute (the sum of all losses incurred by the injured party). The conclusion is made that among the positive effects of such activity was the consideration of regional and ethnic traditions in resolving disputes and conflicts, while the negative ones were the slowness of the MWC in making decisions, accumulation of unresolved cases, etc.