Bagaev, Alan B.
Kavkaz Forum. 2023. Issue 16.

Abstract:
The traditional Ossetian court, as an important social institution, has its roots
in ancient times. Another traditional institution, the community meeting (nykhas),
has an equally ancient history. Various issues related to the traditional arbitration
court and the Ossetian community meeting have repeatedly become the object of
research. Despite the fairly good development of many aspects of the traditional
institutions under consideration, scientific interest in them does not wane. The
relevance of this problem is determined by the fact that these institutions have
long played an important role in the life structure and self-organization of the
Ossetian society. Certain aspects of the functioning of the designated institutions
require a more in-depth comprehensive study, since they remain controversial.
One of which is the question of the implementation of judicial functions by the
community assembly. Many researchers believe that the sphere of competence
of the nykhas also included traditional legal proceedings. According to others, in
this area the activities of the community meeting were reduced to a minimum.
Scientific novelty is determined by the fact that this work is the first experience
in comparing the functionality of a traditional Ossetian court and a community
meeting. The source for developing the problem posed was ethnographic material.
The study examined the main features of the activities and principles of organizing
a community meeting and a traditional court among Ossetians. The existence
of different options for electing judges has been established. The characteristic
features of the archaic form of the traditional court are identified. The existence
of judges of three ranks with varying degrees of competence has been revealed.
The transformation that occurred in traditional Ossetian legal proceedings after
the administrative and judicial reform of the Russian authorities in the Caucasus
in the second half of the 19th century is described. It was established that judicial
practices were carried out not by a community meeting, but by a traditional
Ossetian court.

Keywords: traditional society, male subcultures, traditional Ossetian court, court of mediators, community meeting, tarkhony lag, nykhas.

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