Home – Home – Jornals – Humanitarian sciences in Siberia 2018 number

The article analyzes development of the Kazakh society’s judicial and legal system in the first half of the XIX century. The necessity to integrate the region into the general imperial space led to carrying out a broad range of reforms that resulted in transformation of the potestary-patriarchal relations and Kazakh society’s traditional social institutions. An important component of Russia’s policy was the transformation of the judicial and legal system of Kazakhstan, whose formation took place in the first half of the XIX century. The study objective is to determine features of Kazakh society’s judicial system during the examined period and to identify its efficiency degree based on complex points of the frontier modernization and neoinstitutionalism theory and involving new documentary sources. The state policy of the Russian Empire in the Central Asian national outskirts was aimed at “soft” integration of the nomadic community into the general imperial legal space. This resulted in slow “transplantation” into region of the judicial imperial elements and preservation of traditional court on adat basis. This concept was reflected in main bills of the first half of the XIX century concerning the studied region: “The Charter on Siberian Kirghizs” 1822, “Regulations to manage Orenburg Kirghizs” 1844, “Regulations to manage Semipalatinsk Region” and subsequent orders of 1854. The status of a people’s court in the regional legal system caused disputes, whose jurisdictions were quite broad despite the limitations imposed by reforming. Regional and central authorities admitted the incompleteness and functional inefficiency of this option of the judicial system and discussed necessity of its reorganization through unification with the Imperial legal space.