О ПОДСУДНОСТИ ЧИНГИЗИДОВ ТРАДИЦИОННОМУ СУДУ БИЕВ

Abstract

The implementation of new research projects in the field of synthesis works on national history has actualized the issue of revising many outdated views, interpretations and assessments. The presented work examines the validity of the assertion widespread in scientific works that representatives of the Chingizid estate were outside the jurisdiction of the Biy Courts in traditional Kazakh society and could only be responsible to a special, aristocratic judicial body. The researchhas shown that the thesis was based on the some sources reflecting the realities of the period when the traditional Steppe Law underwent a significant transformation due to the political, economic, social and cultural changes in Kazakh society caused by impact of Russian Empire. In addition to criticizing the source, the author also examines various episodes in the history of the Kazakhs in XVIII century. They testify that famous Kazakh khans and sultans acted on several occasions as one of the parties in the Biy Court, including disputes for dynastic succession and domestic offenses. These data suggest a complete revision of the outdated thesis that distorts the idea of one of the basic institutions in traditional society, which used to solve effectively all contradictions in traditional Kazakh society.