Magomedov B.M.

Professor candidate

of the legal sciences ,

Russian legal Academy

Moscow Federation of Russia ,

Republic Dagestan

Problems of the particularities of the shaping,developments and mechanism to activity of the court

The Public device of the Transformations, occurring in Russian Federation, with reason inevitability of the change on her(its)() legal system. The most legal reform of the significant direction became in this area of the transformations, consisting of itself criminal legislation reforms and legal system RF. One of most the most important directions of the legal reform in Russian court with juror of the participation заседателей.

Importance of the subject is determined, first of all, turned out to be in condition and sulphur period by breakup between deep, constantly enlarging in-тересом of the broad masses of the population, particularly youth, in исто-рико- legal heritage Dagestana and possibility of the legal science to satisfy this interest.

All-round waiting the analysis else much pages in histories, vastly what there is fart-understand, be cleaned from предвзятых to interpretation, subjective interpretation.

The Typical particularity of the modern public developments of the stage is an unprecendented growing society interest in past. The Subject to Histories occupies the visible place on page of the newspapers and journal, in cinema theatre, in scientific debate and public consciousness as a whole.

Up to join in Russia in Dagestan was not condition for site competent authorities and court, doing, for from system of the common law in судебникам of the modern type. Backlog legal highlander consciousnesses during this period has found the reflection and in the document of the common law, where his(its) factors() You-step mainly as morally- worldly rules. On the strength of particularities society development, the legal system was here entered slowly, factors of the right intertwined and even under in legal tradition.

Thereby, in measure their beginning and develop first passed depending on contentses and object of the regulation своеобразную дифференциацию in memories of the people. Subsequently, with appearing systems of the composition, were attempts in systematization in manuscript. This - uproschalo possibility of the conservation and enrichments , their this - correct-goes use.

About suit and way of their permit, however, little to heard: system of the shaping the legal factors, in this type, in which she ed. in before he source, was founded in legal relations between society, rather then on this that existed inwardly he. Each separate member society presented itself physical examination, but, nowhere near, not person, and, accordingly, was not shown by subject right of the relations between society, remaining integer by only member тухума. Exactly тухум gave him necessary protection, and, thereby, power society was shown and his(its) power().

The Main aspect of the Analysis of the public apartment of the general common law and mountain parts Dagestana shows their general cultural base and association of the cardinal principles.

Svoeobraznyy "History renaissance" outlives so- history shaping, development and formation domestic right, this is conditioned much purposes and subjective factor.

First, impossible must not be taken in attention this in tumbling of the brad history always raised interest for past. The Similar stage outlives today and criminal proceedings.

The Legal reform, realignment in activity of the law-enforcement system in Russia, negative phenomena in criminal proceedings - whole this need of the reasons in history analysis.

Secondly, scale, novelty of the reform of the legal system and difficulties of the problems of the legal reform in Russia of the objective erysipelases-give need for more profound knowledges of the regularities of the history process of the shaping and criminal-formation goes the proceedings, russian tradition of the rebirth in criminal process, begin, which was what follows Zafrahtovati criminal proceedings 1864, blunting realization, install and before-purpose in him state organ and leaders, is made powerful managament.

Interest for past in многом is conditioned available contradiction of the public development. Vazhнейшее their - a contradiction between objective process of the shaping and legal condition of the formation and his(its)() not always identical reflection in public consciousness, advantagesмируемым including mass media and jv-циальной (legal) by literature.

In this instance subject to the studies - a particularities of the court and proceedings and use the common law in Dagestan.

For Dagestan this period in histories, charaterized from peace situation, was approach after suppression by tsarist government solicitation liberations and enter;introduce-thread in Dagestan managerial system "military-public", scanned racing in statement competent authorities on edge.

In exhibit, is given message N.REYNKE, where, in concrete, on background of the study of the legal system, including Dagestan , are given concrete recommendations on legal system.

Except, is presented documents and material, otrareaping process of the forming the legal system Dagestana.

Simvolichno That eventually age XIX and at our days goes oustupke legal system, oriented on from-change the legal system and, as effect, doing graceful system of the court and proceedings, meeting time of the requirements.

In material , were described such public Currently translated and were published usual ight only meal monument, recorded-ные long before join Dagestana in Russia. This is Postновления khan кайтагского Rustem- (Tiflis, 1868), To-декс Ummu - a khan Equitable (Mahachkala, 1948), Gidatlin (Mahachkala, 1957) and around two groups ten pouring rural vv of the court XVI-XVIII. In the base these soviet historian of the sources and lawyers considered some usual дореформенного by right element such as, system composition, presented main type of the punishments in . The Development in XIX-XX vv financial lump-positions, from society, direct suit and suit on suspicion, cleaning vow and the other most the most important line local else nobody seriously did not not concern with.

The Absence of the interest for XIX-XX vv as that modern-ной in legal system in significant measure is explained glance strife on usual caucasian right, as in sulphur to old fellow "survivals". M.M. Kovalevskiy Considered his(its) monument()building highlander. In 30-50-e gg v. THE SCIENTIST XX refused from overweening right.

However the most usual Dagestan right of the most greater researchers such as, M.o. Indirect, H.-M.O. Hashaev, A.S. The Lobster as before determined as "survival", only already bo-лее last and designed in feudal epoch social relations.

These glances have defined позиционируют N. Tornau, A.V. Komarova And other first collectors and researchers on preparing the legal reform 1860-1868 gg in Dagestane. They recommended Russian to with the exclusion of criminal-process of the factor to prevent the thread and founded on him solicitation of the teaching , presented, upon their opinion, the most serious for russian in Caucasus XIX to Come v from similar standpoint, prohibition of the researchers eventually 20-h gg. XX v. - A COURT as wail of the anachronism, attacking onward society development.

For all legal systems of the feature of the antiquities absence clear delimitation between criminal crime and civil-legal . And, since effect, reason of the material of the harm, morals, physical examination for itself appearing obligation heard in science as system in compositions.

Characterizing highlander of the common law, impossible must not call attention row about particularity in normative regulation of the relations, arising out of offenses. In spite of highlander about common law to antiquities, we find here to cite;the carrying-flesh peelings balance sort of crimes.

In the second category of the criminal crimes, is ed, was an encroachment крестьян in lifes their squire. This for itself whole sort of criminal without всяко-goes the court.

The Third and last category of the criminal crimes solved in itself: 1) murder, 2) обесчещение or public insult of the womans(the woman), 3) stealling anyone else wife or brides. Folk Dagestan always presented itself exceeding once . Their shaping corresponds to the beginning of our millennium else, when is occurred mix past avar , as well as finno-ugric, caspian and with local by population, in concrete, with alana-mi. Vastly in east-caucasian play well together the hun, as well as invasion татаро- mongolian, viзантийская expantion etc..

In spite of row of the attempts to subordinate its infuse-folk of the thread Dagestana (particularly on the part of Percy, Vizantii), highlander practically never carrion under under or state-invader. At period military invader advantage to manage to subordinate its infuse-Caucasus territory of the thread, but highlander never met etim-mi condition and felt itself to free and independent. One of the baron Caucasus August background of the researchers Gakst on its own indicating the journey writes this near by persian even corresponded to in saying: "If shah is made happy, begin;place поко-рит Caucasus!".

On historian of the certificate, during this compositions of time on territory Dagestan itself exceeding variety. In this region and soon life around one hundred , but during these historian of time scanned only in residence lezgin near by thirty adverbs other and else greater amount citizenship. It Is Conditioned this was first of all geographical position. In long and narrow gorge, in contact even between this - it is enough around-on located and citizenship was in signify-degree rafts labored. Thence and follows big of the languages and customs near by them, having very locked root, folk.

The Researchers all find some moments in Caucasus highlander about to lifes, conditioned by influence of folk of the cultures, visitted on his(its) territory(). So, indicated that on forming the culture, customs and traditions avar definable that influence has given the traditional factors a hun morals but subsequently tracked his(its)(this) because of influence in ideology disappeared.

Spreading шариат between folk Dagestan is bound by influence of the arab. Practically most influence east part Dagestan was subject to in religions with same geographical factor here than in the other region Dagestana to conduct the highlander in both arab obedience, and persian ruler Derben-. Subsequently from the centre of the influence strife as a whole, Dagestan. Besides arabs, confirmed in Dagestan , corresponded to during. Only in village Miskindzhi in vicinities Ahty were mu-сульмане of importance. Russia yore had their own own interests in Caucasus. Except this, in skill in region tried;try Iran and Turciya. Particularly hardened to fight with join Caucasus in empires was hung in the first v halfs XIX Also pertains russian-iranian (1804-1813) and russian-turkish (1856-1812) of the war, process of the entering Dagestan in compositions Grew in empires, which were terminated in 1812 on Russia Kazikumuha and Akusha-Dargo In the course of this process, what in most cases was voluntary, much greater lords Dagestana got the of the rank, ifes and valuable grant (the gift). On majority these folk, having this - it is enough big political influence upon territory Dagestan , already understood it is necessary присоеди- thread in Russia, with as a whole situations in Caucasus in this lzhi-mya VWVtell nudged he in acceptance of this decision.

After termination of the Caucasian military tsarist administration in Caucasus in its own action accompanied folk онными institute and factor. Practically in each village existed own , which usually forbade to use the custom to other villages. Such is once was convened itself attention much seen scientist, who воплотилось in row of the work, marked usual rules;control Caucasus highlander. Most contents formed description custom, having corrected criminal-legal relations.