kanlyyat as an institution of customary law.

Collective responsibility and the system tracks (compensation) are preserved and replaced, family ties territorial connection. For example, in the ancient community in the event of non-occurrence killers - members of other communities the last victims were paid so-called wild vira. In such a kanlyyat and compositions for a long time to keep in Dagestan, and survived to modern times. Compensation provision was all systems of customary law and a number of sets of legal norms, such as codes of Umma Khan and Rustam Khan, the Shariah.

Compensation, as already noted, wore distinct estates ha ¬ character. In the evolution of society adats more power and privilege was attached not only feud ¬ crystals, but their officials. Disobeying them, pinching their honor strictly condemned and punished.

Documents customary law adequately reflect the measures envisaged adat liability accounted for as ¬ exponentially social position and social significance of the individual victim.

Revenge for a relative in Dagestan, was considered a sacred duty of each and blankets universally shame that someone who does not perform. In the absence of men in the near ¬ est affinity duty of vengeance on women. All this was justified by the fact that the soul of the deceased insulted not rest until until avenged. However, at some stage of development of the real ¬ (probably in the expansion of ro ¬ dovogo system and the selection on this basis, a large family. - MI) came a custom of compensation by the guilty party material values of losses caused by the genus and family as a result of the murder. Thus, the blood feud would be replaced by financial compensation.

Following approval in Dagestan feudalism custom of blood revenge in many ways been transformed. Animistic view, constituted its basis, how would merge and are subject to Islamic ideology trac ¬ tovke. The custom appears as kisas - retribution, sanctioned Islamic law - Sharia. With the emergence of private property weakened sharply ancestral links. The basic unit of society has become a big family, and therefore the custom of blood feuds tended to be localized in it. Thus, narrowing the circle of persons to whom distributed vendetta, it is limited to immediate relatives ¬ mi krovniki.

Vendetta has always been a great evil, cruel custom, not compatible with humanism. It is contrary to the religious postulate: "repentant forgiven." Until the emergence of civil common law is not adopted ¬ malis into account the circumstances, reasons and motives for murder. The principle was: "death for death, injury for injury, a tooth for a tooth."

Prescribing a blood feud for touching someone else's woman ¬ not justifying murder for penetration into someone's home and the theft of small value, essentially adats spro ¬ votsirovali intergeneric and interfamily strife. Vmes ¬ those with the same adats contained and reasonable standards of behavior that sequential COMP ¬ Denia does not help to bring the case to the feud. This internal inconsistency adat, their standards are much more complicated than it seems at first glance. Some rules were carried out strictly under all circum ¬ stances, others - no. For example, the establishment of a vendetta always adhered to, and provision for replacement of Diyat - extremely rare. Consequently, not all have the same rules adatom public

force. Establishment of the first order were pre ¬ handed out as required, the second - as desirable. Their compliance is dependent on the will of ¬ suffered large. This is attributed to many factors.

Tradi ¬ tion of vendetta has much longer history of its existence than Diyat-retaliation, she came in, so to speak, in flesh and blood people. Shelter ¬ Nye revenge linked to maintaining troops and honor po ¬ da. The public also gave her a large value of ¬. Waiver of a vendetta was considered a disgrace, ridicule and contempt aroused the villagers. Getting Diyat among the majority of people regarded as a sale of native rights. That's why people resort to vendetta, although in his heart almost all blame her. It should also be noted that not only in the period when live births, but also later, up to full approval of the influence of Russia ¬ these in Dagestan was not a strong public authority, to ¬ Thoraya could be forced to regulate the civic life of the highlanders. Therefore, every race, tuhum had to defend their own interests. Means the same protection could only be the force.

Of great importance was and the fact that the blood ¬ Nye revenge is justified and sanctioned by Islam and Shariah as the pre-Islamic tradition. Meanwhile, experience more and more mountaineers led to the realization of necessary convergence ¬ out of vendetta. The beginning of this process of reflection in the law we find in the Code of Umma Khan Avar, where pre ¬ has sought to limit the blood feud its application only to the very murderer, as well as in post ¬ certain established utsmiya Rustem Khan. They recommended replacing vendetta Diyat - reimbursement.

So, with the development of exchange relations and the assertion of the right of the principle of financial compensation arose another way to restore justice, and thus resolve the conflict: not to cause damage equivalent to the guilty party, and is equivalent to compensation for damages.

If one side of the fault of another lost member of a related group, the guilty party could recover damages payment daroplatezha. So there was "blood money" - blood money. Moreover, even if the murder could be compensated daroplatezhom, much more was possible compensation for other types of personal injury: injury, bodily injury, rape, assault, etc.

For example, beating, on the basis of adat, were considered equal in importance deposition of various wounds. The severity was determined by the last deep wounds, as measured by the fingers. At Adat kelebskih villages for causing a fight wounds of such depth that it required tax ¬ live swab, to be recovered from the guilty one sheep. Cases of wounding a pregnant woman that caused the loss of a child, were equated with murder.

There are various types of compensation, although the custom of blood money was not mandatory. The aggrieved party can choose refundable vendetta.

The object of bloody retribution could be any member of the sister group of the guilty party, the obligation to pay compensation for damage attributed not only to the offender, but to all his relatives and community members, of which he is. Function principle of collective guilt.

If the guilty party was ready to repair the damage between conflicting groups can often be negotiated by persons not belonging to any of them, but associated with that and the other party.

However, the arbitral tribunal was not some kind of permanent body and had no coercive power. Its composition is determined anew each time the parties who chose this way to resolve the conflict. It goes without saying that they both take the decision of the court mediators, whatever it was.

If one party refuses to comply, the other received approval and a kind of sanction of public opinion to use force to implement this decision. Really the only such force were only related groups, especially tuhum. At this stage of social development related groups may consist of several entities, which are also the subjects of customary law. Each group acted in defense of its members regardless of whether it was right or wrong in their dealings with members of other groups. Apparently, only this can explain the fact that the blood feud ensure resolution of interpersonal conflicts in a feudal society with the same efficiency as in the tribal.

In the solution of a difficult question ¬ dew, as a rule, we can note a more or less prevalent and objective opinion about it. Regarding the understanding of the Caucasian adat highlights the history of an institution of customary law as a vendetta, this opinion is no. Frequently expressed opinion that the cause of this phenomenon in Dagestan was supposedly a low level of legal development and legal Cape ¬ whether its people. Meanwhile, at the beginning of the XIX century. here has established a viable system of criminal ¬ Nogo law. Establishment of adat board for "blood" evidence of the long feud began constraints and the development of the system of criminal penalties. It would be wrong to assume that the institution of vendetta existed statically, without going over the changes from one era to another in the history of the rights of the peoples of Dagestan. On the contrary, its new elements were the result of changes occurring in society and the institution itself was modified depending on the specific forms of social organization.

Vendetta in Dagestan in XVII-XIX centuries. no longer had anything to do with kanlyyatom, which has been used there to damage to tuhumu. As a result of undermining and weakening patriarchal respect ¬ solutions gradually overcome the views of the right of relatives ¬ Nogo team to deal with one of his offending member as it is seen as useful by the relatives.

For many centuries, the function of state law enforcement in the Caucasus perform the traditional social institutions, one of which was the custom of blood feud. As an institution akin to solidarity vendetta was common to all peoples of the Caucasus. According to the Caucasian adat murder motivated by a vendetta is not considered a crime. Krovomschenie acted more as a measure samoohraneniya and self-adjustable settings of the societies in which they were taken.

It is recognized that the terms and conditions of vendetta is strictly controlled by the community, whose members regard this phenomenon as a necessary response measure to insult a woman, a relative, the seizure of property, etc. In this regard, seems persuasive opinions of the authors famous encyclopaedia Garnet, who believed that "neglect of duty of blood revenge is considered shameful for a man is associated with deprivation of rights of inheritance, sometimes even entail prosecutions ...» 1

Collegiate Dictionary by publisher FA Brockhaus and IA Ephron sees a vendetta, "the oldest form of retribution for crimes» 2. Describing the vendetta, as characteristic of all ancient peoples (Persians, Arabs, the Caucasian mountaineers, and others), the authors dwell on medieval Europe, in particular the Germans. "In the German law of the place is in connection with generic terms, it is a duty imposed by tribal loyalties ... there are direct indications that the Avenger had to disclose his act of vengeance (for example, setting a severed head on a pole) 3.

As we know society is not static, and is in constant flux and renewal. Therefore, part of customary law in the highland ethnic groups, like many ancient peoples over time lose their meaning for human activity. The most ancient forms as atalychestvo, the oath, the blood feud, and others ceased to act, because they do not meet the requirements of modern times, and sometimes hindered social development.

However, the problem of social evaluation of the ancient institution continues to attract the attention of researchers and at present. This is evidenced by numerous studies in the field of history and law have appeared in recent years.

Without claiming to be fully consecrated problems, the author attempts, based on a historiographical review deepen, refine and extend previous concepts about the institution of vendetta, find out its social role in the Caucasus and in other countries, including Germany, Corsica, Montenegro. To do this, turn to the experience of the past and, above all, to the authors, who were pioneers of ethnography of the Caucasian peoples.

In this regard, in our view, especially relevant fundamental research officer of the General Staff of the Russian army IF Blaramberga "historical, topographical, statistical, ethnographic, and military descriptions of the Caucasus»

To be fair to say that even before the IF Blaramberga been published a lot of extensive and not devoid of scientific interest in works about the Caucasus 5. But the work of IF Blaramberga, unlike predecessors contains valuable historical and ethnographic material on the Mountain Peoples of the Caucasus, and as noted by the famous explorer, VV Latyshev, represents a serious interest "as one of the first experiments in such a way" 6.

Trying to "fix the errors had crept into previously published works about the Caucasus ..." 7, IF Blaramberg sees its primary purpose is to "... make known the details of this region, so curious in all respects ..." 8.

In an effort "to fully and thoroughly familiarize all interested in this little-known southern region of Europe ..." 9, IF Blaramberg wrote, in particular, about a vendetta that: "... the old law, which requires a revenge for the blood shed there ... among the peoples of the Caucasus, as well as among other mountain tribes," 10 (under the mountain tribes Blaramberg implies Corsicans), and then continues: "This bill, no matter how awful it was, still is kind of brake on violence in society ... that makes sure everyone can not with impunity indulge in unrestrained impulses strastey11

Determining the social significance of vendetta author rightly insists that the primary function of the Institute is to regulate human relationships in everyday and unusual situations at the time.

To achieve its objective the author tried to find answers to all questions related to scientific understanding of traditional culture and social institutions described by the people.

Nevertheless, noting the undeniable importance of the author's research, it should be remembered that the IF Blaramberg was not a professional ethnologist, and as a representative of the nobility and the senior officer circles of the Russian empire, according to the modern researcher IM Nazarova, created his work "... in terms of official and aristocratic-monarchic historiography and contains a valuable addition to the actual material number of biased estimates and characteristics 12.

In the first half of the XIX century. plans for political and economic mastery of the Caucasus - taken by the Russian government made significant progress. Considerably enriched and ethnographic information about the region. Russia's policy-related, primarily geopolitical interests, it is strongly demanded wide-ranging and very detailed information about this vast territory. To this end, the Caucasus began sending the most energetic and trained officers of the General Staff - the aim of which was the accumulation of accurate information about the Caucasian highlanders. In this regard, considerable interest is the work of Colonel General Staff, KF Became "Ethnographic sketch of the Circassian people", 13 contain valuable materials, in particular, the traditional institutions of Circassians and (partially) Karachay, Balkar, Nogai, Abaza, Ossetians and other nationalities of the North Caucasus. According to the author "... krovomschenie is an evil necessity of each half-savage society, which has no coercive power to curb a strong ...." 14

KF Steel compares krovomschenie Highlanders with the traditions of the ancient Greeks, and concludes that "... Ancient pelazgi were also brutal in krovomschenii as the current Caucasian highlanders ... 15. Meanwhile, krovomschenie was incorporated into the legal system of the Caucasus as adat norm is strictly regulated by the community. Curiously, according to the customary legal system krovomschenie not allowed for women, the sick and children. Was also considered a great shame, in order for revenge to kill older men.

The most profound and comprehensive description of the institution of vendetta belongs to an expert on the highland life LY Lyule.

IF Blaramberg equates vendetta of cruelty to the Corsican vendetta, and KF Steel - to krovomscheniyu ancient Greeks, LJ Lyule well suited to the study of vendetta from a different point of view. Believing that "... the Highlanders krovomschenie is not rampant, irrepressible feeling like a vendetta Corsicans, LJ Lyule defines it as a duty imposed by the honor, public opinion, demanding blood for blood .... "16 In this case, the blood feud, in our opinion should be considered as a custom, as a rule of human conduct established by unwritten laws in the framework of feudal society and aimed at achieving certain goals dictated by the rules and needs of the time.

Among the Russian authors of the late 60's and 70's. XIX century. Involved in the study of life of mountain peoples, widely known name of the NF Grabovsky.

In a small but meaningful article "Economic and family life residents of Gorski site Ingushevskogo District, in addition to a general ethnographic description, the scientist cites two interesting variants of reconciliation natural enemies. He writes: "... In addition to these traditional rites, guides, so to speak, commonplace life of highlanders, met recently in between two very interesting habit - a reconciliation between the natural enemies ...." 17 And then describes in detail the process of reconciliation of warring parties. For example, one of the customs of natural enemies of reconciliation was to touch a killer, hand or mouth to a woman's breasts with the aggrieved party. This custom was widespread not only among the Ingush, and other peoples of the Caucasus, and entails the establishment of milk kinship, means cessation of blood feuds. More common means of ending strife is often the guilty party pay a monetary compensation.

In addition, the author gives a profound analysis of the social essence of the ancient institution, it traces the significant transformation that makes his work not only descriptive but also exploratory in nature.

However, the custom of reconciliation between the blood enemies reflected in the archival documents of the mid XIX century. "Any person who wishes to free themselves from such barbaric persecution, with the consent of relatives injured produces a certain fee and the money due as soon as this method avoids those unjust vengeance ... and the Koran advises all vitally vengeance replace monetary retribution, promising for a place in the kingdom of heaven" 18

Valuable statistical information reflecting the nature and evolution of the various customary laws, including the blood feud feudal Dagestan, are contained in the book, AV Komarova Adat and proceedings thereon. "19 Rich statistical material collected by the author, allows him to trace the significant weakening of the institution of vendetta in the second half of XIX century. For example, the first of January 1861 1 January 1867 the number of homicides due to blood feuds in the region amounted to 35 out of 447. Marked reduction in cases krovomscheny author connects with the attempt to establish the Caucasus new legal order under which the mountaineers punishable not only by adat, but also by the laws of the Russian Empire. On this occasion, the author says: "... With the device, military and national governance in the region, killing krovomscheniyu positively prohibited and the guilty punished him as a disobedient power ..." 20 and then continues: "... the command of the field to take sustained measures to eradicate the perfect krovomscheniya and ... guilty of premeditated murder ... punished by court-martial ... 21.

However, the good intentions of the imperial government set in Dagestan imperial laws that were perceived by the local population is extremely negative. Adat and Shari'a standards relating to the blood feud had existed here until the 20-ies. XX century.

Deeper study of the Institute of vendetta was carried historian rights MM Kovalevsky. In a study of "Law and custom in the Caucasus in 1922, he showed not only the uniqueness of public relations in the region, but the presence of remnants of community, watched the transformation of rural communities. In establishing the regulatory system, he clearly pointed out the importance of custom and based on its customary law. MM Kovalevsky, in his study seeks to profound scientific generalizations. In particular, he convincingly proved that the ancient institutions, including the blood feud is characterized not only the customary law of the Caucasian peoples, but also typical of almost all nations of the world and in this respect are of great public interest.

Great scientist poring life of mountain peoples, in particular, customary law, is a student, MM Kowalewski BV Miller. In his study, "From the field of customary law Karachais" 23 he gave a profound analysis of social relations characteristic of this nation.

Investigating the customary law as an important historical source, characterizing the activities of traditional institutions, including kinship and solidarity, he concluded that: "The right to a blood feud had all relatives killed in the following order: first, avenged the murdered son, then brothers, and does not distinguish between older and younger, then the wife, as to adat it after her husband gets to the arbitral tribunal ¾ of the property, then turn comes to the next of kin, then to the distant, that is, until relatives ... 24. Thus, the presence of talion law resulted in entire families to hostility, as evidenced by Karachai

saying: "Kez Kez ornuna al (eye for an eye)," Tish Tish ornuna al "(a tooth for a tooth). Even after a very long time (20 years), the killer could not get rid of vengeance when relatives are not able to "restore his blood" (kan algan), the duty of vengeance inherited. "Karyndagy kan alyr (even the" return the blood, which is in the womb "25 states Karachai proverb. However, despite the number of characteristic features for all mountain peoples of the region, B. Miller notes that the blood feud in Karachai not adopted such a destructive nature, as among other mountain communities. wrote about this, and JF Blaramberg: "... We can say with complete justification, that they (the Karachay - author) are among the most civilized peoples of the Caucasus ... and thanks to its mild disposition, ... have a civilizing influence on their neighbors ... 26

Thus, the researchers carefully identify existing significant differences in the development and evolution of the norms of a vendetta between indigenous ethnic formations of the North Caucasus.

The object of close study in 40 and 60 years. XIX century. become customary law of Mountain Peoples. Russian military officials have begun to study the local characteristics of the region to collect and record the Caucasian adatom. The main reasons which caused such a need, boiled down to the regulation of social relations by Russian law. Therefore, to ignore the main and perhaps only source describing a kind of social system, a complex legal system does not correspond to Russian law, it was simply impossible.

For the first time records of the social system and legal system of the Highlanders were processed and published by Professor Odessa University, FI Leontovichem.27 His work has made a major contribution to further research adatno legal system of Mountain Peoples of the North Caucasus region.

Nevertheless, almost unaware of the Gorsky life, customs, mores, it is not speaking the local languages, representatives of the Russian officers, controlling mountainous territory, in our opinion, were far from scientific ethnographic research. In this regard, it is hardly possible to establish the exact timing of occurrence and the withering away of any customary law to determine their antiquity, the significance and relevance at the time of questioning and testimony of the population. At the same time, an analysis of customary law allows to conclude that among the many historically established traditions that had common sense and are vital in terms of tribal relations, as recorded Institute vendetta.

As you know, with the emergence of feudal relations and the vendetta began to take on the character of the social-estate. This is confirmed in at least that Uzdenov Karachais were required to accompany the Prince on his travels for vendetta. At the same time, the blood feud could exist only among equals. With the development of social class hierarchy of mountain peoples, it was restricted to members only spread his estate. Overall, the XIX century the custom of blood feuds has been replaced by the so-called system of tracks - physical and monetary fines, to avoid an krovomscheniya. "In order to avoid blood vengeance, relatives perpetrator is almost always seek the reconciliation ... in particular ... for the killing of various hill tribes adat set different penalties" 28 - Notes, FI Leontovich. Of course "to pay for the blood differently, to what killed belonged to the estate." 29 The least protected by the adatom life of serfs and slaves. "For the blood of Cossacks Kulov, or paid at the assessment, which is dead" 30 states in the Karachai adat.

By Circassian adat "who kills a slave that is not subject to krovomscheniyu by its owner, the price of blood is not supposed to, but paid the cost of the murdered 31.

For the same adat "for the murder of Prince hamyshevtsev and other tribes, where the princes and nobles in the primary shabsug, abadzehov, natuhaytsev and Ubykh, the perpetrator is nearly 100 heads * ... that should be on their calculation on Russian silver coin of not less than three thousand."

Thus the fee for the blood is determined by the social class who was killed. The life of Prince was not subject to evaluation as a blood feud on people who live on a higher level of social hierarchy is not extended.

As can be seen, the content of the adatom was quite diverse, but common to all highland peoples was that the insult to women "never ends in reconciliation, before the shame will not wash the blood of the guilty ..." 32, since this kind of crime is the most serious offense "perturbing hillbilly soul more than the murder of a relative. "

The above-described custom vividly describes not only the special status of women in society, and most importantly that of the Caucasian adat krovomschenie for dishonor women never provoked a retaliatory action. In addition, "no car, no vengeance, and the more killing can not be committed in the presence of women" 33 - wrote one observer of the XVIII century.

Should state that materials on customary law Highlanders without exaggeration are still the most vivid and valuable source that best characterizes a serious and profound transformation of institutions such as payment of dowry, atalychestvo, blood revenge, coming from the bowels of the tribal system.

In this aspect, despite the number of erroneous positions, extensive social and cultural information gathered by the Russian scientist FI Leontovich, and to this day, remains the foundation on which rest many domestic caucasiologists.

Even more profoundly revealed the social significance of norms vendetta Senator NM Reinke. His work "The Mountain and the people's courts of the Caucasus region", "Mountain verbal courts Kuban region" 34 is the first serious study of the state court in mountainous areas of the Caucasus region.

The broad formulation of the problem allowed the author to identify common features and peculiarities of the Institute of vendetta in different regions of the North Caucasus.

Investigations NM Reinke relate mainly to the Terek region, where the norm of blood feud were much stronger and lasted much longer than in the Kuban region. "Blood feud, so common even in our time (meaning in 1911 - auth.) In Dagestan, and the Terek among the Chechens area continues to hold for two reasons, closely related to each other" 35 - Notes NM Reinke. The main reasons, according to researchers who "dragged down" the existence of this ancient custom, were inactive judicial and police authorities to allow such crimes, as well as surviving in some areas of shared responsibility which led in some cases to defend itself and to the mob.

In contrast to the Terek, according to the author, in the Kuban region Adat vendetta existed, but as a general rule, have not been applied, "36, ie, in 1910 - 1911 years. Institute of vendetta existed in this area is almost a formality.

Thus, the materials, NM Reinke so far are a valuable source for research institutes in the Caucasian peoples of ancient times, common to all peoples in the early stages of historical development.

We carried out a brief historiographical review leads to the conclusion that these works served as the foundation on which rest many of the modern caucasiologists, ethnologists, lawyers.

In no case, without loss of merit of the above authors in the development of the problems associated with traditional institutions and customary law, we consider it necessary to note that their research methods at times were wrong, because in some cases not revealed the specifics of the Caucasus. Researchers at the XIX century mainly focused on describing a centuries-old classical culture of the region. Their writings are rarely based on documentary and archival material. For their artistic heritage in general, characterized by absence of deliberative and clear scientific conclusions, which is the most serious shortcoming of their publications.

Materials, thus, show that the blood feud as an institution akin to solidarity was found in all of Caucasus Mountain Peoples. Despite some violence, it nevertheless played a tangible positive impact in the lives of mountain peoples, speaking as a powerful deterrent.

For centuries it served as the difficult socio-political and moral function, reflecting the psychology and the specific characteristics of each ethnic extensive education of the Caucasus region.

Of course, now the old values and traditional foundations of those years, the typical closed human community has lost its former importance. However, in modern conditions of globalization of psychology to study the features of each ethnic community is, in our opinion, serious scientific and practical interest.

Note

Given the specificity of the material seems necessary vendetta sometimes defines the term "kanlyyat", along with masliatom, ishkilem, atalychestvom.

Vendetta (Blutrache; Blood revenge; vendetta) - the custom of revenge for the killing, injury, insult or damage to property, a universally popular in primitive society, and especially in its later stages as a form of collective vzaimozaschity needed in pre-statist life. See: Indirect MO Crime and punishment in pre-statist society. Leningrad, 1925; Koch K.-F. The anthropology of warfare. Reading. Mass., 1974.

See: Kubbel LE Essays potestarno political ethnography. M., 1988.

See: Lambert D. prehistoric man. L., 1991.

See: Ladyzhenskii A. On the study of customary law of the North Caucasus. Rostov-na-Donu, 1926.

See: Kovler AI Historical forms of democracy. M., 1990, Masson, VM The first civilization. M., 1989, etc.

See: Masson VM first civilization. M., 1989. P. 34.

Semenov, YI The place of customary law among the general form of spatial ¬ faith in pre-class society. XI International Congress LIMITED ¬ "Customary law and legal pluralism in a changing society": Moscow, Russia, 18-22 August 1997: M. 1997.S. 34.

1 Collegiate Dictionary ton Island Br. A. and Granat and co. Seventh completely revised edition. SPb. 1913. T. 25. S. 628

2 Brockhaus FA, Efron, IA Encyclopedic Dictionary. SPb. 1913. S. 151.

3 ibid.

4 Blaramberg IF Historical, topographical, statistical, ethnographic, and military descriptions of the Caucasus. Nalchik. 1999

5 Bronevsky SM The latest geographical and historical news about the Caucasus. M. 1823. P.1-2; Debu "On the Caucasian line and the accession to the Black troops. SPb. 1829

6 LatyshevV.V Proceedings of the ancient writers, Greek and Latin, about Scythia and Caucasus. SPb. 1893. Volume 1, St. Petersburg. 1906. T.2

7 RSMHA. F. VDA. D. 18,245. LL. 218-219

8 Ibid. Op.1. A.6. LA 6

9 Blaramberg IF Op. cit. S.401

10 Ibid. P. 30

11 Ibid

12 Ibid

13 Steel KF Ethnographic sketch of the Circassian people / / Russian writers of the XIX century about the peoples of Central and North-Western Caucasus. Nalchik. 2001. S.233

14 Ibid

15 Ibid. P. 236

16 Lyule LJ Cherkessia. Historical and ethnographic articles. Krasnodar. 1927. P.40

17 Grabowski, NF Economic and family life ... Coll. Information about the Caucasian Highlanders. Tiflis. 1870. P.23

18 TSGIA cargo. USSR. F. 416. Op. 4. D. 15. LL 1-4. Cit. By: Monuments of customary law in Dagestan XVII-XiX century. M. 1965. C. 53.

19 Komarov AV Adat and the proceedings thereon. / / Proc. Information about the Caucasian Highlanders. Tiflis. Vol. 1. 1868.

20 Ibid. P.46 - 63

21 Ibid

22 Kovalevsky, MM Law and custom in the Caucasus. V.1. M. 1880

23 Miller, BV From customary law Karachais / Ethnographic Review. M. 1882. № 1

24 Ibid. P.13

25 Aliev, SI Karachay sezle sleds. Proverbs and sayings in the Karachai language. Cherkessk. 1963. S. 419.

26 Blaramberg IF Op. cit. S.312

27 Leontovich FI Adat Caucasian mountaineers: Proceedings of the customary law of the Northern and Eastern Caucasus. Odessa. 1882 - 1883. T. 2.1

28 Ibid. S.248

29 Ibid.

30 Ibid. with. 284.

31 Lyule LJ Cherkessia. M. 1990. P. 43

* «These things have their heads in Highlanders technical term, which they translated into the Russian language can not, and explained as follows: the head or divided into wet and dry. Under the name of the wet head Of course every living thing, and dry under the name - all kinds of items and weapons (note the author of the document) "/ / Collection of Documents. Rostov-Don. 1988. C. 74.

32 Lyule LJ Op. cit. P.40

33 op. by: Karpov, JJ feminine face of the Caucasus / Russia and the Caucasus. SPb. 2003. P. 57.

34 Reinke, NM Mountain and the People's Courts Caucasus region .. SPb. 1912

35 Ibid p.46

36 Reinke, NM Mountain verbal courts of the Kuban region