Влияние транспортных путей Западной Сибири и Югорского Севера на обычное право местного населения в XIX – начале XX в.

Abstract

The aim of the study is to determine the influence of transport accessibility of Western Siberia and the Yugra North on the similarity of customary law among the Russian and aboriginal population in the XIX – the early XX century. The scientific novelty of the paper lies in comparing the legal customs of the immigrant and aboriginal population of Western Siberia with an emphasis on their “magical” component and the role of the transport system of the region in consolidating these features in the XIX – the early XX century. The paper has revealed the importance of rivers and land roads in the formation of legal customs of Russian settlers, analyzed the content of Ancient Slavic “rowdiness” and its correspondence to the legislation of the Russian Empire, substantiated the similarity of the “magical” ideas of the Ob Ugrians, who professed shamanism, and remnants of paganism among the settlers from the Russian Orthodox population. The results of the study have shown that custom ensured survival in Siberia, so customary law affected the entire rural and nomadic population of Western Siberia and was expressed in a variety of local forms. Despite the similarity of legal customs among Russian Siberians and the aboriginal population, there were also differences that reflected the religious worldview and lifestyle, as well as the degree of influence of Russian legislation. The process of convergence of legal norms took place in conditions when rapid movement from one region to another was impossible and the difficult transport accessibility of the region was the key factor. Meanwhile, eventually, there was a positive effect, because a much greater cultural understanding between the indigenous and the immigrant population was formed than had been observed at the initial stage of the migration of Russians to Siberia.