重新审视 1920-30 年代达吉斯坦法律体系的建立

N. T. Muslimova
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摘要

研究课题的现实意义。联邦制国家中民族-国家结构的矛盾性和多样性问题涉及对民族特点和民族文化经验的考量,因此研究 1920-30 年代苏维埃法律制度在达吉斯坦形成的历史经验具有现实意义。随着苏维埃政权的建立,为达吉斯坦人提供了一种新的社会发展模式。在政治、经济和社会结构转型的同时,社会大多数人必须认同的价值观、意识形态态度、信仰和规范体系也发生了变化。由于调节家庭、社会、经济和政治关系的 "过时 "价值规范体系侧重于维持现有的发展模式,因此新范式的认可是困难和矛盾的。利用可靠的文献资料和积累的史学经验,突出 1920-30 年代苏联法律体系在达吉斯坦的认可过程。为完成既定任务,采用了以下方法:客观主义、历史主义、历史-制度和历史-类型学。苏维埃政权建立后的最初几年,苏维埃法律体系的合法化要求保留达吉斯坦人的传统法律要素--穆斯林法(伊斯兰教法)和习惯法(阿达特法)。自 20 世纪 20 年代末在该国 "强行 "建设社会主义以来,共和国的传统法律结构已被清算。到 1937 年《宪法》通过时,在政党机构的控制下,达吉斯坦的法律体系获得了全俄罗斯的结构和功能特征。本土化和促进政策推动了新法律体系和社会主义正义感的建立,由于共和国的多民族性,本土化和促进政策在达吉斯坦有其自身的特点。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Revisiting the establishment of the legal system in Dagestan in 1920–30s
The Relevance of the research topic. Contradictory and diverse problems of the national-state structure in a federal state, involving consideration of national characteristics and cultural experience of the peoples included in it, make it relevant to study the historical experience of the formation of the Soviet legal system in Dagestan in 1920–30s.Problem statement. With the establishment of the Soviet power, the Dagestanis were offered a new model of social development. The transformation of the political, economic and social structure was accompanied by changes in the system of values, ideological attitudes, beliefs and norms that the majority of society had to share. Since the «outdated» value-normative system, regulating family, social, economic, and political relations, was focused on maintaining the existing development model, the approval of the new paradigm was difficult and contradictory.The Research objectives. To highlight the process of approval of the Soviet legal system in Dagestan in 1920-30s using reliable documentary material and accumulated historiographical experience.The Research methods. To solve the tasks set, the following methods were used: objectivism, historicism, historical-systemic and historical-typological.The Results and key conclusions. The legitimization of the Soviet legal system in the first years after the establishment of Soviet power required the preservation of the traditional elements of law for the Dagestanis – Muslim (Sharia) and customary (Adat) law. Since the late 1920s, the time of the «forced» construction of socialism in the country, the traditional legal structures in the Republic have been liquidated. Under the control of party bodies by the time of the adoption of the Constitution of 1937, the legal system of Dagestan acquires all-Russian structural and functional features. The establishment of a new legal system and a socialist sense of justice was promoted by the policy of indigenization (korenization) and promotion, which in Dagestan had its own specific features, due to the multinational nature of the republic.
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