Statutory and Customary Law in Governing Marriage and Divorce among Pagan Populations in the Ufa Province from the Mid-19th to the Early 20th Century

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Introduction. In the contemporary context, characterized by a crisis of the institutions of family and marriage, there has been a corresponding intensification of legal governance concerning matrimony and dissolution. This trend has spurred growing scholarly interest in the historical regulation of familial and marital relations by the Russian state in previous centuries, including its application among diverse ethno-confessional populations. Within this framework, an examination of the regulation of marital and divorce proceedings among the pagan communities of the Ufa province during the post-reform period is of considerable significance. Such an investigation offers critical insights not only into the evolution of domestic legislation and local pagan matrimonial customs but also helps to elucidate the distinctive features of the integration process of certain Finno-Ugric peoples into the imperial state structure. The aim of this study is to examine the regulation of marriage and divorce among the pagan population of the Ufa province (before 1865, the Orenburg province) through both imperial Russian legislation and customary law during the late imperial period (second half of the 19th and early 20th centuries). Materials and Methods. This article is based on previously unpublished documents from central and local institutions, specifically, the Department of Spiritual Affairs of Foreign Faiths of the Ministry of Internal Affairs, the Office of the Governor-General, and the Provincial Administration, which are being introduced into scholarly discourse for the first time. The research also draws upon the Code of Laws of the Russian Empire and the Complete Collection of Laws of the Russian Empire. The study employs research methods such as the historical-genetic, historical-legal, and chronological approaches, which have made it possible to demonstrate the dynamics of the legislative regulation of marriages and divorces among pagans in the Ufa province from the second half of the 19th to the early 20th century, as well as the changes that occurred in the customary legal practices of this sphere. The comparative-historical method was used to illustrate the differences between the status of pagans and that of other confessions. Results and Discussion. The predominant role of customary law norms in regulating marriage and divorce among pagans has been identified. From a legislative standpoint, the marital and family relations of pagans in the Ufa Province during the post-reform period were regulated relatively weakly: only the age for entering a first marriage for young men and women was subject to regulation. The incorporation of pagans into the Bashkir Host in 1855 implied strict control over their family life. In particular, it was the military command during the cantonal period of administration (1855–1865) that granted permission for divorce. This period also marked the beginning of the transition to legal regulation of marital and family relations among the local pagans. During the post-reform period, divorces, by order of the Governor-General, were to be decided at a village assembly. In practice, decisions on divorce, with the consent of both parties, were made by a council of elders; in the absence of such consent, the matter was resolved by the village assembly. In legal terms, until 1917, the marriages and divorces of pagans in the Ufa Province remained unregulated by statute: matrimony and divorce proceedings were primarily governed not by laws, but by local by-laws, which often contradicted official law. State intervention in the sphere of marital and family relations remained minimal. Conclusion. The author’s conclusions provide a more profound insight into the politico-legal status of pagans in the Ufa Governorate within the Russian Empire from the mid-19th to the early 20th century, revealing the dynamics of legislation and customary legal practices in the sphere of family and marital relations among the local pagan population. The obtained results contribute to the further study of policy regarding family and marriage among the Finno-Ugric peoples of the region and the country.

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Recent research and public study on matrimonial customary law pre-Christian times in his writings pay attention Hrushevsky, Ivan Krypiakevych, I. Belyaev, M. ascend-Budanov, V. Serhiyevych, Shulgin, S. Yushkov, N. Pushkarev, N. Belyaev. The question of civil-legal regulation of property relations in Kievan Rus according to the norms of n Pravda was the subject of study of various scientists. These include, in particular, B. Grekov , P.Muzychenko, V. Rubanyka, W. Kulczycki, P. Zakharchenko, V. Serhiyevycha and others. In the nineteenth century the question of family relations, family and inheritance redistribution members of one family studied Pahman S., M. Kachanov, Barykov A., Mukhin, Alexander Leontiev. Paper objective. The article is a comprehensive analysis of the formation of marriage and family relations arising from the fact of belonging to a marriage and family in the Ukrainian lands in their development during X – XIX centuries. Paper main body. Analyzed the issue of marriage and family relations in the process of formation and development in Ukraine. History of the Ukrainian family law reaches ancient times, even before the formation of Kievan Rus as a state, let alone the adoption of Christianity. In ancient times in our history the Ukrainian lands major factor regulating social relations advocated custom. Personal property and non-property rights of spouses dependent on the shape and conditions of marriage. Matrimonial law Kievan Rus was a kind and unique because formed based on Byzantine law, pagan rituals, various folk customs and princely legislation. To simplify and facilitate the marriage in 1897 was issued a collection of religious and civil laws on divorce and judicial proceedings in matrimonial matters, where it was said that people of Orthodox religion can marry among themselves and with foreigners Orthodox and all other Christian denominations not asking for special permission from the authorities, but with all the marriage requirements. Conclusions of research. Examining the different forms of marriage in the Pagan era, one could argue that the echoes of ancient customs can be seen today in the marriage rites. The adoption of Christianity created favorable conditions for the rapid development of social, economic, political and spiritual relations, preparing the ground for organizing the legal system, both in general and in the field of marriage and family relations. Christianity, including Orthodox Church, had a great influence on the formation of new ethical norms of life which, to some extent found their reflection in the new legal system. Further evolution took place right in the direction of humanization. Thus, the Christian church has become a stabilizing factor in the socio-political system and legal development as Kievan Rus and modern Ukraine. The provisions of customary law XVII-XVIII reflected in the laws of the Russian Empire concerning marriage, conditions for its conclusion and termination, family rights and responsibilities and so on. These laws, some provisions of which began to operate from late XVII-XVIII century. In the nineteenth century. already fully regulate marriage and family relationships population, including Ukraine as part of the Russian Empire, and acted to the October revolution in 1917 however they were not straightforward and often contradicted each other. 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  • Godisnjak Pedagoskog fakulteta u Vranju
  • Danijela Zdravković

The introductory part of the paper reflects on the evolution of the family's origins throughout the development of human society. Using description and comparative methods, a brief overview is presented of the impacts caused by economic and social changes during societal development, under which pressure the family undergoes significant transformations, both in the form and content of marital and familial relations, as well as in the functions of the family that are established or reduced. The study of the inner dynamics of marriage and the family, as well as the external factors affecting this dynamics, continues to attract the attention of researchers-ethnologists, ethnosociologists, legal anthropologists, and legal experts-practically since tribal communities, who focus on examining, classifying, and differentiating the differences in studying marriage and family systems. However, the theories about the family that arise from a micro perspective are responsible for gradually removing the static image of the family, while the global process of globalization "revitalizes" certain kinship relations from early communities, casting a shadow over the organization of monogamous marriage, family, and kinship relations from the "golden age of the family" in the 20th century. In the central part of the paper, we begin with the fact that marriage and the family are social constructs that, throughout the development of society, have always been in mutual social dynamics in time and space, sensitive to both internal and external factors of change since tribal communities. In this sense, we examine the possibilities, characteristics, content, and sanctions of law in tribal societies. In the third part of the paper, we provide a more detailed overview of primitive law and its characteristics with the goal of concluding by highlighting the difference between modern law and its imperfect predecessor, demonstrating that the system of behavioral rules regulating early social relations in pre-state organization remains vital and "stubbornly" survives in rural environments today.

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