Patrimonial law of the Bashkirs of the late XVI century – 30s of the XVIII century: the development of the institute, the specifics of legal regulation.

Abstract

The article examines the main trends in the development of the Bashkir patrimonial law institute in the period from the end of the XVI century to the 30s of the XVIII century in the conditions of legal pluralism. The question of transformation and its integration into the Russian property law is investigated. Based on the analysis of the Russian patrimonial legislation of the XVI-XVII, normative acts regulating Bashkir land relations, materials of judicial proceedings of the Ufa writ hut and other archival documents, Bashkir legends and chronicles, the author attempts to reconstruct the mechanism of legal regulation of Bashkir patrimonial law, identifying the specifics and logic of its development. As a result of the conducted research , the author comes to the following conclusions: Russian Russian Federation 1) in the conditions of polyuridism that developed in Bashkiria after joining the Russian state, the Moscow authorities, in order to adapt the local law and order, including the order of land ownership, to the new political and legal realities, carried out a legal policy to preserve the patrimonial relations of Bashkirs; the general declarative norms of charters received by Bashkirs from the Russian tsars when accepting citizenship, laid the vector of special legal regulation in the field of Bashkir land rights; 2) the establishment of patrimonial law as an institution of customary law took place through judicial (law enforcement) authorization; 3) a cardinal change in the paradigm of legal regulation of Bashkir patrimonial relations occurred with the adoption of the Decree of February 11, 1736, which legalized the sale of Bashkir patrimonial estates; the introduction of certain elements of the civil property regime it created conditions for the transformation of traditional ancestral land ownership into an institution of collective ownership. Thus, there is an evolution of legal regulation in the field of patrimonial rights of Bashkirs: the former legal policy on the selection of the most optimal mechanism for the adaptation of patrimonial law is replaced by a policy of selection (selection) of customs for the possibility of their application within the framework of a single positive Russian law.