SUMMARY

The monograph is devoted to research of the judicial system of the Nalchik district of Tersky oblast in the last third of XIX - the beginning of the XX century. It is based on a series the reviewed magazines approved and at the scientific conferences of sketches which allow to create a full picture about the hierarchy of the judicial institutions in this region.

This work consists of the introduction, six sections, the conclusion and the literature list. Relevance of the put problem locates in introduction, is spoken about readiness degree, istochnikovy base, the principles and research methods, the practical importance and work structure is characterized.

In the first part the analysis of materials of the Nalchik mountain verbal court is given and their informative return at research of a common law of the Kabardians and the Balkars is defined. It is noted that the materials of this court belong to a judicial investigation team of the state office-work of the Russian Empire in the last third of XIX - the beginning of the XX century in it. In relation to system of regulation of the public relations at the Kabardians and the Balkars this sphere of office-work as the type of historical sources in many respects reproduces models and features of functioning of norms and institutes of their common law during the studied period.

In the second part the structure, features and differentiation of areas of jurisdiction in judicial system of Tersky oblast in 1870-1917 is considered. It is noted that into this system entered: the Vladikavkaz district court, the world judges and congresses of world judges, the mountain verbal courts, slobodsky and rural courts, and also - intermediary courts. The short characteristic of each of them is given.

In the third part features of functioning of the Nalchik mountain verbal court and definition of its place in judicial system of Tersky oblast are studied.

In the fourth part the rural courts of the Nalchik district of Tersky oblast are studied. It is noted that in the last third ofXIX - the beginning of the XX century these courts were a basic link of the judicial system of the Tersky oblast. Being integrated into the Russian legal space, they in the activity combined the basic principles of standard culture of the Kabardians along with the Russian legislation.

In the fifth part activity of the arbitration courts in the territory of the Nalchik district of Tersky oblast is analyzed. In it the conclusion is drawn that during the specified period the common law remained to one of the main social regulators in system of justice of the people living in the Nalchik district of Tersky oblast. In this case, the norms of their common law kept regulating role in that degree in which it didn’t contradict the legislation of the Russian Empire. They were applied as in practice of the Nalchik mountain verbal court, so rural and arbitration courts.

The sixth part is devoted to research of the features of functioning of some norms and institutes of a common law of the people of the region in the last third of XIX - the beginning of the XX century. Features of application of the norms of a common law of the people of the Nalchik district of Tersky oblast in administrative and jurisprudence in this section are investigated on the example of custom of kidnapping of brides at the Kabardians in the conditions of their integration into the legal system of the Russian Empire in the last quarter of the XIX century. The analysis administrative and judicial the practician, connected with this custom was for this purpose carried out, the events held by the authorities of the Tersky oblast concerning reception of some customs and the traditions of the Kabardians in the field of regulation of the family and marriage relations are studied. Besides, the characteristic of the main terms which the Kabardians used at regulation of the public relations at this time is given here. Is established that the majority of institutes of a common law of the Kabardians, irrespective of circumstances of their emergence, had own symbols. They it is very thin reflected essence and the maintenance of this or that phenomenon.

In the conclusion the research results are summed up. The main conclusion consists that in the last third of XIX - the beginning of the XX century in Tersky oblast the multilevel judicial system was created. Thus the authorities in a certain measure tried to keep the basic elements of the traditional legal proceedings of the indigenous people living this region of the Caucasus and developed models of their functioning in the vessels created on the Russian sample.