Временные изъятия как механизм интеграции обычного права в российское законодательство в XIX веке

Abstract

Temporary exemptions in Russian legislation applied in the North Caucasus are a complex and little-studied phenomenon reflecting the centuries-old history of interaction between the Russian centralized government and the numerous and distinctive peoples of the region. This article, which is devoted to temporary exemptions, examines not only the formal aspects of imperial legislation, but also the deep social, cultural and political processes that demonstrated the process of adapting the customary law of the peoples of the North Caucasus into the Russian legal system. Historically, the development of the North Caucasus was accompanied by significant resistance from the local population. For centuries, the existing customary law, based on complex family ties, beliefs, religious beliefs and ideas of justice, contrasted quite sharply with the centralized and codified Russian legal system. It must be recognized that the Russian autocracy in various periods, with varying degrees of effectiveness, resorted to compromise, using temporary exemptions from imperial legislation. These exemptions allowed for the application of certain norms of customary law, provided that they were organically consistent and consistent with Russian legislation. It is important to note that the conditions of application were quite vague and largely depended on the political situation. The practice of applying temporary exemptions was not uniform. Depending on the region and ethnic group, some temporary exemptions were formal in nature, while others played a significant role in regulating public relations.The current situation in the North Caucasus demonstrates that the problems of integrating customary law and current legislation remain relevant. In this regard, further research on temporary exemptions is not only of historical importance, but also extremely important for building an effective legal system in the North Caucasus that would take into account the specifics of the region, taking into account the diversity of cultures and traditions.