Kunafina, I.R. Correlation of the norms of Russian legislation and Shariat norms of customary law of the Bashkir people in XVI — early XX centuries

Abstract: In this article the author views the problem of correlation of the norms of customary law of hte Bashkir people and the norms of the Russian legislation and the Shariat norms, taking an example of Bashkortostan in XVI — early XX centuries. The historical and legal analysis of the norms of Russian law, the Shariat law and the customary law of the Bashkir includes criminal and civil legal relations, formation of courts and judicial procedure of the Bashkir people. The author comes to a conclusion that the customary law of the Bashkir people may be applied only in the law-making process of hte state (for example in propaganda of morals, ethcis, respect for mothers and wives, support of society as a whole, application of the customary law of the Bashkir may also be taken into account in the formation of the programs of the Government of the Russian Federation for the predictive purposes. It may also be studied as legal culture of the people. The author defines its place and role as a source of law, which may be disuniting the the legal system of Russia, if every national group shall attempt to include such sources into the legal system.

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