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DOI: 10.46698/VNC.2025.28.21.003 THE KABARDIAN PROVISIONAL COURT’S USE OF SURETIES IN ENFORCEMENT PROCEEDINGS AND ITS IMPACT ON THE TRADITIONAL KABARDIAN SYSTEM IN THE SECOND QUARTER OF THE XIXth CENTURY
Ivanov, Georgy D.
Kavkaz Forum. 2025. Issue 21.
Abstract:
The purpose of the study is to analyze the application of the institution of surety by the Kabardian Provisional Court and its impact on the transformation of the traditional Kabardian system in the second quarter of the XIX century. The study of sureties will make it possible to analyze the aspects of the application of this institution at the regional level, as well as to analyze the transformation of the penal enforcement system, highlighting the role of regulatory institutions. This will expand the understanding of enforcement proceedings in the region in the second quarter of the XIX century. The research methodology includes historical-systemic, problem-chronological methods and an institutional approach. Surety was used in the activities of the Kabardian Provisional Court and consisted in selecting signatures from guarantors with a set of obligations regarding the actions of the accused and was applied in three aspects. As a preventive measure, surety was an additional innovation to imprisonment, and included the obligation of the guarantors to provide the accused for further investigative and judicial actions and to ensure his trustworthy behavior. As a means of combating with abrechestvo, surety was also a transformation in terms of criminalizing this phenomenon, and included an obligation to ensure the law-abiding behavior of the accused, the absence of links between the accused and the abreks, and the prevention of his escape and his family members. The surety for the payment of fines and penalties was the result of the transformation of elements of customary law under the enforcement proceedings of Russian regional judicial institutions. This was reflected in the transfer of the application of sureties to these institutions, in the individualization of guarantors, and in the possibility of applying sureties to thieves and debtors in custody. Despite the separation of the aspects of the application of sureties, the obligations identified in them could be combined, and sureties in trustworthy behavior were universal. The main punishment for violating the guarantee was a penalty or fine. If the surety implied a financial penalty, then in the event of the death of the accused or the surety, the fulfillment of obligations could completely pass to one of them.
Keywords: surety, guardhouse, abrechestvo, Kabardian Provisional Court, Center of the Caucasian line, enforcement proceedings.
Language: Russian
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 For citation: Ivanov, G.D. The Kabardian provisional court’s use of sureties in enforcement proceedings and its impact on the traditional Kabardian system in the second quarter of the XIXth century. KAVKAZ-FORUM. 2025, iss. 21(28), pp.78-90. (In Russian). DOI 10.46698/VNC.2025.28.21.003 ← Contents of issue |
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