Moscow, Russian Federation
The article deals with the archetypes of traditional nomadic culture in Kazakhstan that were abolished in the Soviet period as remnants of the tribal system. However, polygamy and abduction of women in order to force them into marriage occur quite often nowadays. The author examined the transformation of the legal status of women in Kazakhstan in the XX – early XXI centuries. The research focused on the Soviet transformations of traditional family and marriage institutions in Kazakhstan, which were caused by the radical change in social relations, state power, and nomadic lifestyle. The author analyzed criminal statistics on offenses against the rights and freedoms of women and compared the current situation with abductions of women and polygamy in neighboring post-Soviet states. The research objective was to find out the motives behind the revival of the archetypes of traditional culture, as well as the latency of committed offenses related to the use of Kazakh customary law and Sharia. The methodology was based on legal comparative studies, i.e., diachronization and synchronization of legal phenomena and processes. The diachronic method made it possible to compare the traditions of bride kidnapping and polygamy in Kazakhstan in different historical periods. The legal-dogmatic method was used to analyze the customs, norms of Islam, pre-revolutionary imperial law, Soviet and post-Soviet legislation, etc.
traditions, local customs, legal culture, women's rights, abduction of women, bride kidnapping, polygamy, nomadic community
1. Miropiev M. A. Status of Russian foreigners. St. Petersburg: Sinod. tip., 1901, 515. (In Russ.)
2. Ancient world of the Kazakh law. Materials, documents, and research, ed. Zimanov S. Z. Almaty: Zhety Zhargy, 2005, vol. 5, 544. (In Russ.)
3. Stepin V. S. History and philosophy of science. Moscow: Akademicheskii proekt; Triksta, 2011, 423. (In Russ.)
4. Amanzholova D. A. From the history of the women's issue in the USSR (from tradition to modernity). The 1920s-1930s. Rossiiskie regiony: vzgliad v budushchee, 2017, 4(3): 26-43. (In Russ.)
5. Rysbekova S. T. Women organizations in Kazakhstan and soviet policy of the development of social activism in 1920-1930. Vestnik Saratovskogo gosudarstvennogo sotsialnoekonomicheskogo universiteta, 2009, (4): 214-217. (In Russ.)
6. Beshukova F., Larina O. Bride kidnapping - a tradition or a crime? Norwegian Journal of Development of the International Science, 2021, (72-2): 23-25. (In Russ.) https://doi.org/10.24412/3453-9875-2021-72-2-23-25
7. Serdyukova E. V. Criminological view on the problem of abduction of women in the Republic of Dagestan. Dagestan State Pedagogical University. Journal. Social and Humanitarian Sciences, 2011, (4): 43-45. (In Russ.)
8. Kudaeva L. A. Criminal law and criminal policy of the Soviet period in respect of liability for crimes in which a woman is the victim. Gaps in Russian Legislation, 2015, (4): 200-204. (In Russ.)
