Институты соционормативной культуры балкарцев в деятельности судебных учреждений Нальчикского округа в последней трети XIX века: проблемы регулирования имущественных отношений

Abstract

The article considers some problems of regulation of property relations of institutions of soci-onormative culture of Balkars in the activities of judicial institutions of the Nalchik district in the last third of the XIX century. These issues are considered on the example of disputes in the Nal-chik Mountain verbal and mediation (mediation) courts over ownership of things and real estate, ownership of land plots, loss of crops, claims for missing cattle and disputes related to inheritance and payment of kalym. Attention is drawn to the peculiarities of the involvement of witnesses in the proceedings, as the basis for the formation of the evidence base. The features of the appoint-ment of material compensation for property offenses are considered. The specifics of document-ing various forms of property relations among Balkars in the last third of the XIX century have been studied. The role of mediation (mediation) courts in resolving property disputes among the Balkars at the time under consideration is shown. It has been established that the customary law of the Balkars and Sharia were effectively applied in resolving property disputes based on some tra-ditional mechanisms: the use of witness testimony as the basis of evidence, the appointment of material compensation (fines) as a measure of responsibility for property offenses, the transfer of complex issues to the court of intermediaries, etc.