Great Yasa. Watch what is "jasa" in other dictionaries

Mongolian Word of Jasa (Yasak, Jasak) means "behavior" or "Decree". Until recently, it was common to talk about Great Yasa as a meeting of generally accepted Mongolian legal establishments. This happened, partly, because the articles of YaSa, belonging to criminal law and punishment, attracted more attention of historians than any other part of the Code.

There is no preserved full copy of the Great Yaasi, although the Eastern authors of the XIII-XV centuries indicate that such lists existed. According to the historian of Julia (mind. 1283), such a list was kept in the treasury of each descendant of Genghis Khan. Rashid Ad-Dean (1247-1318) mentions the existence of these lists many times. In the Persian treatise on finance attributed to Nazir Ad-Din Tuzy (the mind. 1274) there are many references to Yasu. Macrisi (1364-1442) was informed by his friend Abu-ours about the list existing in the Baghdad Library. Based on the information of Abu-Hashima Makrizi, attempted to submit a complete report on the content of YaSa. In fact, he managed to outline only a part of the Code, mainly an article on criminal law and punishment. Rashid Ad-Dean, for his part, quotes many ordnances and statements of Genghis Khan, some of which were, possibly fragments of Yaaa, and others - the so-called "Maxim" (Bilik). For a long time, modern historians dealing with Yasoy based their conclusions mainly on information provided by Macrizi and Rashid Ad-Din. Until recently, insufficient attention was paid to the brief sum of the Yaasi made by Gregory Ab-Ul-Faradgem (Bar Hebraous (1225 / 1226-86) or more advanced jowl retelling. But these two writers have planned the canvas of the most significant division of Yasi concerning state law. Mongols.

From my point of view, Yasa as an integer in no case can be characterized as ordinary legislation. She was a Mongolian Imperial Law Formulated by Genghis Khan; And the Mongols themselves considered it in this light. For them, she was generalized by the wisdom of the founder of the empire; And we know that they believed Genghishana the sound of the sky. The Armenian historian Grigor from Alkanta recorded the history of the appearance of Yaa on the basis of heard from the Mongols. Although it cannot be considered as accurate in detail, it adequately transmits the spirit of Mongolian attitude to Genghis Khan and the cause of his life. According to Grigor, when Mongols " realized their position, very depressed by their unfortunate and poor life, they turned to the help of God, the creator of the sky and the Earth, and concluded a great agreement with him, obeying his commandments. According to the orders of God, an angel was an angel in the form of an eagle with golden feathers and spoke their own speech and language with the leader, whose name was Chankhez (Chingiz) ... Then the angel told them all the commands of God ... who they themselves call the Yasak ».

Jowyney also considers Genghis Khan's Mind as a source of Jasa: " While the Almighty (God) allocated Genghis Khan from among his contemporaries in mind and intelligence ... He (Genghis Khan), only relying on the depths of his soul and without a tiring study (historical) Annals, without coordination with (traditions) of ancient times, invented all techniques (public administration) .»

As, according to Juzzy, and according to Macrizi, Jasa was a talisman, providing a victory on the battlefield. As indicated by A.N. Pole, Mongols and Turks were attributed to the Great Yasem of the semi-magic power.

Without a complete copy of the Great Yasse, it is impossible to say for sure in what order the articles we possess. Presumably, she began with the preamble, which served as the basis for the one that was used by the successors of Genghis Khan in their correspondence with foreign rulers. She had to contain the mention of the sky and the reference to the Higher Khan of the Mongolian Nation, Genghis Khan. The third offer of the preamble formula "We command", obviously, was supposed to mean their own command of Genghis Khan, since he was the founder of the nation, and the ruling emperor at that time. Then, probably, in order, outlined by Juvelin and AB-Ul-Farad, set forth general principles and articles about the international law and organization of the army and the state.

I. General prescriptions

« It should be exalted and respecting clean, immaculate, fair, scientists and wise, to whatever people they do not belong; and condemn evil and unfair people "(Ab-Ul-Faraj, Section 2).

« The first is the following: love each other; secondly, do not commit adultery; do not steal; Do not false witness; Do not betray anyone. Respect old men and poor "(Grigor from Alkan).

« He (Genghis Khan) banned them (Mongolas) there is anything in the presence of another, not inviting him to divide I write; He forbade any person to eat more than his comrades "(Macrizi, Section 12).

« Since Genghis did not belong to any religion and did not follow any faith, he avoided fanaticism and did not prefer one faith another or did not excely the others over others. On the contrary, he supported the prestige of loved ones and respected wise men and herds of any tribe, considering it as an act of love for God "(Juleini, Section 2).

« He (Genghis Khan) ordered to respect all religions and not to show preferences for any of them "(Macrizi, Section II).

This part of YaSa became the basis of the Mongolian religious tolerance policy.

II. International law

When you need to write to the rebel and send them a representative, do not intimidate them with the strength and great size of your army, but only tell me: " If you voluntarily give up, then you will find a good appeal and peace, but if you resist - what can we know from our side? Eternal God knows that will happen to you »Ab-Ul-Faraj, Sec. I).

It should be noted that, from the point of view of Yaa, each nation refuse to recognize the highest authority of the Great Khan is considered as the rebel. As Eric Fughelin points out, this is contrary to our ideas about international law, which suggest the existence of sovereign states: " The Mongolian Empire is not ... The state among other states of the world, A Imperium Mundi in Statu Nascendi, is a world-empire-in-processing " It should be remembered that the letters of the Great Khans of the GUUKA and MUNE to the Governors of the West were true of the above offer of Yausi.

An important principle of Mongolian international legislation was the principle of inviolability of ambassadors. And in each case, when the enemy violated this principle, there was a harsh retribution. There is no, however, the direct expression of such in existing Yaa fragments.

III. Government, Army and Administration

A. Emperor and Imperial Family

In the preserved fragments of YaSa, only one article considering the imperial title relates to this subject.

« (Mongols) should not give their chains and noble people a lot of allest names or titles, as other nations make, in particular, followers of Islam. And to the name of the one who sits on the throne of the kingdoms, they should add one name, i.e. Khan or Kaan. And his brothers, sisters and relatives should call him the first name given by his birth "(Ab-Ul-Fa-Raj, Section.

It can be said that the title "Kaan" (Kagan) itself expresses the completeness of the imperial power. At the same time, the emperor remains the oldest in kind, close relative; Hence the personal form of appeal recommended by the native.

From the "Secret History" we know that Genghis Khan published special ordinances to maintain the imperial economy and members of the members of the Imperial Family. Presumably, the basic rules regarding such things were included in Yasu.

B. Mongolian Nation

As we have seen, in the preamble of the Khan's letters to foreign rulers, Genghis is referred to as the highest Khan of the Mongolian nation. The stereotype of this preamble was supposed to follow the preamble of Yaasi. Although there is no special article on the authority of the nation in existing Yaa fragments, some instructions could be included in the laws of Yaasi. In the Chinese inscription of 1338, the Mongols are usually referred to as "state native" (Kuo-Tsu), i.e. "The ruling nation". It was through the election of a new great Khan after the death of his predecessor, the Mongolian nation under the empire could politically express themselves. Despite the fact that the elected Kurultai did not always work clearly, it is obvious that there was a certain set of rules of their meetings, although the established procedure was not always observed. In every ulus, the empire functioned local Kurultai to choose their khans. Most of our information about these collections of uluses are associated with the ownership of Il-Khanov (Persia); The rules taken here are most likely followed the norms of the Great Kurultayev. It is very likely that this stereotype was included in the laws of the Great Yasa.

V. Army and Administration

1. Statute about hunting. "When the Mongols are not engaged in war, they must be given to hunting. And they must teach their sons how to hunt wild animals to gain experience in the fight against them and gained strength, the energy to make fatigue and be able to meet enemies, as they meet in the struggle of wild and impudent animals, not sparing (themselves) " (Ab-Ul-Faraj, Section 4).

Obviously, the hunt was not only the most popular sports of Mongols, she was considered by Genghis Khan as a state institute and the basis of military training.

2. Army Statute. "Men from twenty years and older are recruited by the fighters. For each decade, an officer must be appointed, and for every hundred, and an officer for every thousand, and an officer for every ten thousand ... No warrior from a thousand, hundreds or ten, in which he was enrolled should not leave for another place; If he does this, he will be killed, and will also be with an officer who accepted him " (Ab-Ul-Faraj, Sec. 5 and 7).

"He (Genghis Khan) ordered the warriors after returning from a military campaign to perform certain duties in the ruler service" (Macrisi, Section 20).

The creation of the Imperial Guard was one of the most important reforms of the Royal Organization of Genghis Khan. It is very likely that the high position of the guard was recorded as Yasoy, although there is no mention of the existing fragments.

The principle of the decimal organization mongolian armyAs well as the significance of the Imperial Guard as the Institute, has already been discussed. Deserves attention in this connection and another principle of attachment of each person to the place of his service. The army, especially during the first conquest, was the ridge of the Mongolian administration as a whole. Therefore, the principle of the universal service, which assumed that each person had its own special place with which he was connected and which could not leave, became the basis of not only the Mongolian army, but also the Mongol Empire. We can call it a statute of the associated service, and, as applied from the application of Macrizi, this service has not coordinated only to the execution of military duties. An important aspect of the responsibility of serving the state was that this service was equally distributed among all Chan's subjects.

« There is equality. Each person works as much as the other; No distinction. No attention is paid to wealth or significance "(Juzzyini, Sec. 5).

Not only men, but women should have served.

« He (Genghis Khan) ordered women accompanying troops, to do the work and perform the duties of men, when the lattes were absent, fighting "(Macrizi, Section 19).

The status of a linked service became the basis of the Great Khan's omnipotence, which made such an impression on the monk John de Plano Carpini. However, there were exceptions from the seeming iron rules. The priests of all religions, as well as doctors and scientists, should not have fulfilled the usual service or pay taxes (macrisses, sec. 10). They expected a different return - spiritual or professional. In addition to liberation from the contesions of the entire social category, special privileges could also receive individuals belonging to the number of ordinary citizens. The recipient of such immunity was known in Mongolian as Darhan (in Turkic - Tarkhan; in this form, the term was borrowed in Russian). This institute received full value Only in the late period (XIV-XV century); It is not mentioned in existing Yaa fragments.

Among other articles of the Great Yaasi, considering administrative law, it is possible to mention the following: an institution of postal and equestrian stations (AB-Ul-Faraj, Section 8; Juzzyini, Section 9; Macrizi, section 25); fees and taxes (AB-Ul-Faraj, Sec. 6; Juzzyin, Section 9); The duty of the Mongols to represent its daughters (presumably also prisoners they owned) for beauty contests, where the most beautiful ("Lunolic girls", according to the characteristic of Juvelin), were elected as wives and mistresses of Khan and the princes of Hannai blood (Juzzyin, Section 7 ; Macrizi, Section 21).

3. Criminal legislation. Version Yaa Al-Macrisi gives a solid set of evidence regarding Mongolian criminal law. Some scattered fragments from other sources can be added to this.

Criminal legislation of Yasi, the main goal of maintaining peace and order in the state and society. His general moral prescription, in Grigor Alkans, ended with the following sanction: " If the violator of this is found among them, then criminals are subject to death " So, although the final goal seemed to be in a broad sense of humane, the law was approved with adamant cruelty.

In general, Jasa recognized as crimes to be punished, the following groups of offenses: against religion, morality and established customs; against Khan and the state; And against the life and interests of a separate personality.

The main purpose of punishment, in the understanding of Yasi, was the physical destruction of the criminal. Therefore, the death penalty plays an important role in this Code. Jasa recognizes the temporary isolation of the criminal through imprisonment, deportation, offset from office, as well as intimidation through the causation of pain or imposition of a fine. In some cases, not only the criminal himself, but also his wife and children are subject to punishment.

The death penalty was prescribed almost for all kinds of crime. She followed a significant part of crimes against religion, morality or established customs; For most crimes against Khan and the state; For some crimes against property; for the third bankruptcy; For concoction - in the case when the thief could not pay a fine.

Punishment through imprisonment and deportation was envisaged for violation of Yausi by members of the Khan. Each officer of the Military Connection was to be degraded, if he did not cope with official duties. Warriors and hunters were punished by causing pain for minor misconduct against military discipline. The murder caught a fine. For theft of the horse, the criminal was repressions, a fine, or even the death penalty.

Civil law. Certificates of civil law of Yaasy Scudna. This may be explained not only by the incomplete existing fragments, but also the fact that such relations were regulated by the generally accepted generic law. However, one important article on the inheritance was included in Yasu: " The deceased person who does not have a heir, nothing is withdrawn in favor of Khan, but his property must be given to a person who cared for him "(Ab-Ul-Faraj, Sec. 9; Juzzyin, Section 10).

Commercial law. It is known that Genghis Khan paid great attention to trade. The preservation of the security of commercial tract for international trade was one of the important goals of its policies. Therefore, it is natural to assume that Jasa contained any statute regarding trade. However, among the fragments there is only one preserved part of the trade legislation: " If anyone takes the goods (on credit) and go bankrupt, then again take the goods again and once again go bankrupt, and then again take the goods and go bankrupt, then must be sentenced to death after his third bankruptcy "(Macrizi, Section 5).

Recognition of the stimulating role of Genghis Khan in the creation of Yasse does not interfere with the task of studying the sources of the code. Both Genghis Khan and his advisers lived in a certain environment and at a certain time; Their ideas and solutions naturally were due to a holistic historical, economic and social background.

Sources of Mongolian imperial ideas were discussed in the previous section. Moral prescriptions proclaimed as Yasoy were closely related to the concept of a universal empire and, at least partly, belonged to the same cultural and spiritual cycle. As for administrative statues, they were, to a certain extent, the generation of Mongol-Turkic traditions, they also reflect some influence of the typological features of the adjacent states - Jin, Uiguria, Kara-Kidan. The Pole assumes that the local laws of the Muslim Turkic rulers of the Middle East could be one of the sources of Great Yasa. It is doubtful and the hypothesis needs further development and confirmation.

In any case, the old Mongolian and Turkic traditions were carefully reviewed and transformed by Genghis Khan and his advisers, and a set of new ideas and installations was created. For example, the army's decimal system was an old institution among Turks, as well as Iranians, although it was usually installed in parallel with the generic and tribal organization. Genghis Khan not only upgraded the system, but also connected it with the principle of the associated service, thus strengthening it more strongly than anyone before him. The strictness of the new army organization was imposed on the relationship of old genera.

Articles of Jaza in criminal law partly relied on the Mongolian ordinary law; But here again need to take into account the norms of the law of neighboring empires. In general, the punitive legislation of Yaasi, apparently, was more cruel than the traditional and tribal law of Mongols.

Both Rashid Ad-Dean and Macrizi dates out the publication of Yaasi Great Kurultham 1206. This, however, was only the first edition of the Code. It was complemented by new laws on Kurultiyah 1210 and 1218. The Codex was also revised and supplemented after the return of Genghis Khan from the Turkestan campaign and after his last expedition against Tangutov, i.e. about 1226

Genghis Khan intended to make the Code of Laws created by him. He instructed his heirs to the Code of Conditions unchanged. His second Son Chagay, known for his loyalty and hardness, was appointed Guardian Yaasi. " It ordered Chagatayu ... follow the compliance of Jasa "(Macrizi, section 26). Each new ruler of the Empire or his own ulus, began his board from confirming the correctness of YaSa. According to IBN-Batuta, the descendants of Genghis Khan were to be gathered once a year together with the highest officers of each kingdom for the evidence that no prince of Genghis blood broke the yases in the past period. Any prince recognized by the guilty should have been lowled. " Whoever violated Yasu, should lose his head "," Typical order Batu, Khan Kipchakov.

The existence of the Great Yasi did not exclude additional legislation of the heirs of Genghis Khan. But such legislation should not be contrary to the principles of Jasa and had, mostly local importance. For example, Khan Golden Horde released many charters and ordinances regarding management of their Khanate. They were known as a label. It is quite characteristic that the labels issued by the Khans of the Golden Horde of the Russian Church, contain a direct reference to Great Yasu as the basis for the liberation of the clergy from taxation. There are also references to Yasu in the Code of Laws of the Yuan Dynasty in China.

It should be noted that as a result of the faith of the heirs of Genghis Khan in the semi-magic power of Great Yaasi, the Code was usually hidden by Mongolian and Turkic rulers from the subordinate population and foreign nations. The only exception was, it seems Egypt. According to the Arabic writer Ibn-Taghribirddi, Egyptian Emir Artas studied Jasu completely. Esurance claims that Sultan Beybars intended to apply the laws and rules of Yaasi in Egypt. In fact, the secular legislation of the Mamluk kingdom, called the as-shyas, was actually based on the Cenggishan Code. Egypt, however, was a special case. The Mamluk rulers of this country were Turkic origin and, moreover, for some time we considered themselves as the Hana Golden Horde's vassals. As Pole showed, the general organization of the Mamluk state followed Mongolian type.

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From the editor

ABOUTthe purchase of a particular historical figure is always subjective. And largely depends on the documents to which the researcher have to be relying, and, of course, from its good faith. The European historical tradition often a priori enrolled in the category of "brutal barbarians" of anyone who wore Han title. And Genghis Khan and his warriors - this is at all "Izchada hell"! "Mongols are the soldiers of the Antichrist who came to collect the last, the most awkward harvest," these are the words of the Great Roger Bacon ...

But is the goal that Genghis Khan put in front of him is different from the aspirations of other great rulers of the past - from Alexander Macedonsky to Napoleon Bonaparte? Didn't all be equally sought to create a powerful centralized state with the only possible possible management form in those times?

Genghis Khan became the creator of the Mongolian state, which united in a single people, various groups and groups under the Board, which in the form of its own was the absolute monarchy in the highest manifestation. And then the time of the empire occurred, which covered the huge territory. And remember: Alexander's empire began to fall apart immediately after his death, and Napoleon and died at all on the island of Saint Helena, realizing that he had nothing left of his great France.

And the entry into the inheritance of the Son of Genghis Khan did not cause any protests and excitement, and the power of his descendants, later, still divided into individual kingdoms, was distributed by half a few a few centuries.

To create a great state, we need great reforms and transformations, often breaking the existing foundations from the tops to the base. Did the Genghis Khan succeed to itself, his well-structured empire arose in a flat place, to manifest the magic wand? And not again. Genghis Khan was the greatest reformer, his support in transformations of steel, authority, energy and organizational talent.

Since representatives of the Mongolian-speaking tribes, gathered in 1189 on Great Huraldy (Kurultay), who was the official state institution of Mongols, proclaimed the Temushina Genghis Khan - that is, the Khanom-Ocean, the Lord of the Universe, the Higher Ruler of the Rhodesmond Association Hamag Mongol ("All Mongols "), Mongolia from the point of view of the state device and management transformed beyond recognition. The rapid transition from the family-tribal nomadic device to a single state was accompanied by just as rapid and large-scale reforms.

All the supreme power was focused in Han's hands, his decrees were mandatory for execution throughout the country. At the same time, Great Huraldi did not lose his role as a deliberative body, on which the Mongolian aristocracy could express his opinion on the most important issues: the construction of a new Khan, the announcement of the war or the conclusion of the world, etc. Khan was endowed with the right of the highest judicial instance, but The structure of the judiciary was relatively independent.

The court in Genghis Khan turned from the public institute to the state. Khan understood that if the laws from where they would proceed, they would not be observed in the Far Ulus itself, his empire was doomed to the collapse and death. That is why control over the execution of court decisions was the most important task of the Supreme Judge, who spoke justice on behalf of Khan.

The financial foundation for the functioning of the Mongolian state was the tax system. The successor of Genghis Khan - Ugadei, introduced a coin into circulation, and a paper money appeared in some parts of the empire. In Genghis Khan, a network of communication was organized, the uninterrupted work of the courier service, intelligence, including economic was established.

Huge territories and the fragmency of subjects, the need to continuously maintain forces in combat readiness demanded the creation of a very well-structured organization system. The foundation of such a military administrative organization was the decimal system - all Mongols of Genghis Khan shared for dozens, hundreds, thousands and Tumens (ten thousand), "Peretazov" thus tribes and childbirth.

Commanders over the main structural divisions were scheduled for specially selected people from the approximate and Nucers of Genghis Khan. All adults and healthy men were considered warriors, in peacetime they led their farm, and they were obliged to take over the weapons on the first order.

Separate hundreds, thousands and tumans, together with land, were transferred to the possession of the feudal prince, the head of the aristocratic kind - Noon. Han, who, according to the law, was the owner of the entire Earth in the state, distributed land and workers to hold Nyunam, those for it were obliged to perform certain duties that primarily concerned military service. Self-altitude transition from one ten, hundreds, thousands or tuman to another was banned, workers were fixed for Nyunov.

Such a system is quite natural, is not ideal in terms of modern principlesBut it fully corresponded to the conditions of that time, the lifestyle and traditions of the Mongolian people. It would seem that the person who created such a system and made his state the strongest at that time in the world should, without any reservations to enter the premium of the greatest rulers in history.

But it was not there. Despite the fact that the colonical talent of Genghis Khan recognized absolutely everything, his merit as a ruler is not that remained in the shadows - they are like and did not exist at all!

Outstanding scientist, Academician B. Ya. Vladimirsharov said once: "Genghis Khan was the son of his time, the son of his people, so it should be considered in the situation in the situation of his century and its environment, and not to transfer it to other centuries and other places globe" Beautiful and right words! But to give such an assessment of the activities of the First Mongolian Khan until more than recently were ready for a few.

The reasons for this relationship, in general, are understandable. The warriors of Genghis Khan rolled the destructive wave in Asia and half of Europe, everything is estimated on its path. "They came, broke, burned and killed" - such an image of Mongol-Tatars and their leader for a long time became archetype of cruelty and barbarism. Why exactly the Mongols became the "main offenders" during the time when everyone was fought everywhere?

Because they were stronger and more organizer than everyone else, and headed their outstanding ruler? .. The defeated never love the winners and with difficulty recognize their superiority ...

But the most important thing is: even among those Europeans who were ready to objectively assess the role of Genghis Khan in history, there were practically no points of support - documents and evidence of eyewitnesses, on the basis of which it was possible to draw up a true picture.

In ancient times, a person who did not know his pedigree was similar to the "Monkey, which wanders in the forest." That is why it was so developed and rich in an outer tradition of the transfer of knowledge and history. Mongols in this sense were no exception - the history of the genus and tribe was transmitted as the most expensive inheritance.

This was written about this Persian historian of the XIV century Rashid Ad-Dean: "The custom of Mongols is such that they keep the sources of ancestors and teach, and instructed in the knowledge of the genealogy of each child. Thus, they do the property of the people the word about him, and for this reason, among them there is not a single person who would not know their tribe and origin. "

Over time, the history of the Mongolian people has been enriched with new facts, and transmit events exclusively in oral form It became increasingly harder. There was a need for the chronicles and chroniclers who appeared in Genghis Khan (another undoubted merit of the great ruler) at the beginning of the XIII century. The first Mongolian "Nesors" gathered all the traditions and myths about the ancestors of Genghis Khan: no little - 22 generations.

So started the "intimate legend of the Mongols" - the source for all historical, artistic and scientific works about Genghis Khan and his era, a masterpiece of literature, which is on a par with the greatest literary monuments of antiquity - "Ilia", "Kalevalo" and "the word about the regiment of Igor".

Unfortunately, the name of the author (or authors) "Legend" is unknown. It is obvious that he grew up on the Mongolian land, personally participated in many historical events of the era of the formation of the Mongolian state, most likely, was close to Genghis Khan - he is well aware and knows many things inaccessible with simple mortal.

The period of time illustrated in the "Failed Tale of Mongols" covers half a thousandth - from the middle of VII to the middle of the XII century. As much as wide and spatial framework: the author describes the events that took place from the ocean in the east and almost to the ocean in the West, on the territory of Eurasia, Far East, Southeast Asia, India, Central Asia, Caucasus, Southern Siberia, Russia, Eastern and Central Europe.

Obviously, the "legend" is the work of colossal in its scale. And even if his obsequious author of dry and Skapo retold the events of the era, his work deserved the highest respect. But he still possessed outstanding literary talent, perfectly understood in the poetics and stylistics of Mongolian folklore.

Combining the historical truth and artistic fiction, colorfully and alone in the narration of the elements of myths, tales, proverbs, using all possible literary funds, the author created the historical epic, the encyclopedia of events, traditions and customs of the ancient Mongols. And, of course, the figure of the First Great Khan, the heir of the "elected in heaven" of the genus - Genghis Khan occupies a special place in the "tale".

It is believed that "the innermost legend of the Mongols" was created in 1240 (it should be noted that this is the most common, but not the only dating) during the reign of Ughedei Khan. The original of this literary monument was not preserved, he reached us in the form of Chinese hieroglyphic transcription, equipped with a brief translation into Chinese. This transcription is made in the XIV century and was designed to teach diplomats by the Middle Mongolian language.

European scientists learned about the "secret legend of the Mongols" thanks to Archimandrite Palladia (in the world - Peter Ivanovich Kafarov; 1817-1878), which from 1850 to 1858 and from 1865 to 1878 headed the Russian Orthodox mission in Beijing. He acquired a manuscript "Taken" in 1866, made the translation of the abbreviated Chinese subscript text and published the "Old Mongolian Tale of Genghis Khan" in the "works of members of the Russian spiritual mission in Beijing."

Currently, "the innermost legend of the Mongols" is translated into Russian, English, French, German, Spanish, Czech and Bulgarian, as well as to modern Mongolian. Presented in this edition, the translation of Monglabda A. V. Mellowene and the Poet-translator G. B. Yaroslavset is an attempt to complete the artistic translation of the outstanding monument of Mongolian literature.

In addition, the book gathered to our time fragments of the famous "Great Yassey" - the Code of Laws of the XIII century and Bilikov - the collections of the instructions and the sayings of Genghis Khan, as well as excerpts from medieval sources dedicated to the Great Ruler. Together, this will allow the reader to create the most complete picture and see the Epoch of Genghis Khan as the eyes of his compatriots and contemporaries and historians from other countries.

A. Khoroshevsky

Honesty legend of Mongols.

Proathers Chingis Khan

Legend of Borte Chono, born on favor of the sky

Genghis Khan's PRATER, Born by Fallen Sky 1
According to the ancient folk religion of Mongols - shamanism, the sky ("Blue Sky", "Eternal Sky") - the highest representative of the forces of nature, the Supreme Divine, giving life and the soul, the world manager and the leadership of man. ( Hereinafter - notes A. Melehina.)

- Borte Chono 2
According to the Mongolian scientist H. Parlee, the legendary progenitor of Chingis Khan was born in 758 ( Next, the date of birth of the ancestors of Chingishagan is also given according to H. Parlae.)

- And his wife Hoo was maralplayed through the waters of the Tangests River, went and took the surroundings of Mount Burkhan Haldong in the ridges of the River Oneon 3
Among scientists there is no definite opinion on the issue where the progenitors of Genghis Khan come from, where the legendary area of \u200b\u200bErgune-kun is located, which he wrote about the medieval Persian historian Rashid Ad-Dean in his "Chronicles Collection". According to the latest version, put forward by Mongolian scientists, Ch. Dalam, the ancient ancestors of the Mongols left the terrain of Ergune-kun, located in Sayanov, passed Lake Houbsgulyl, crossed through the TENGES River and reached the ridge of the Oneon River, where there were dowels.

And they were born with her son, nassed by Batachi Khan. Batachi Khan gave birth to Tamachu; Tamacha gave birth to Horichar Margean, which means Horichar - a tag shooter; Chorichar Mareng gave birth to Borochulla's rules; Rod Borochul gave birth to Sali Khachagu; Sali Khachagu gave birth to Nudean; Their Nudan gave birth to Sam Sochi; Sam Sochi gave birth to Harch. Harchu born Borogygidi Margean.

Borogygidi Margean had a wife of Monglin Goo, which means Mongigezhin's beautiful, and the son of Torgjin Bayan, which means the rich Torgjin. Torgwin Bayan had a wife Borogichin Goo, a young servant Rowoldy Suulbi and two favorite silent hill 4
Do not understand the literally of these lines of the "intimate legend of the Mongols". In reality, Bogach Torgjun, of course, had no one ten servants, which, obviously, headed by the well-headed Savyalby. And two horses whose names were in history, apparently, were the most favorite owners, the Red of his numerous herd. Such a reception is a description of the set through a single - it was characteristic of the ancient-tempered elevation.

Torgjin Bayan gave birth to two sons - Duva Saves, which means Druz blind, and Dobun Marena 5
Batachi Khan was born in 786; Tamacha - in 828; Rough Borochul - in 847; Their nude - in 873; Sam Sochi - in 891; Harch - in 908; Dobun Mareng - in 945

In Duva Savera 6
Here we are not talking about a fabulous hero: With the help of antithesis, an ancient authors described the special abilities of one or another hero, in this case a particular dust of the dryness of the savor.

There was only one eye to Sceress the forehead, which he saw on three papers 7
The field is a conditional length of length, equal to the distance to one daytime transition.

Forward. Once Duva Saws, together with his brother, Dobun Maren, rose to Mount Burkhan Haldong. Duva Savor saw from there, that in the direction of the robust tunhelig, the group of people nims. Turning to his brother, Duva Savor said: "The environment of those worst to the river of people in a kibitka on a high front sits a wonderful maiden. And if unmarried she, let's suck it with you, Brother Dobun Maran.

And, saying this word, he sent Dobun Margean to take a look at the girl. She seemed to Dobun Marenu: and the face of Krasnu, and the body of Ladna, and the kind of noble, and not Sathan. And the name is Alan Goo.

Father Alan Goo - Horing Tumed Noy 8
Nooin (in other translations - neuon) - Prince, Mr.

9
In the process of class bundle of the Mongolian society of the XIII century. In all the tribes, the dominant class was separated; Nyanya subordinate to themselves first large groups of people of their tribe, and then entirely some kind of genus, gradually achieving power over the whole tribe.

Horillardai Mareng, and Mother - Barguzhin GOO; Alan Goo was born in the funeral of Horing Tumeds in the terrain called Arig Us. Her mother of Bargainan Goo is the daughter of Bargudai Margean, the leader of the tribe Hul Barguzhin Tukhumov, whose land lie in the far gave 10
Related tribes Bragud and Horing Tumed lived in Transbaikalia on the rivers of Barguzin and Selenga.

And the people with whom Alan Goo came to be the tribe of her father - Horillarday Maran.

Chorilrdai Mareng moved from the limits of the Tumedian chorus due to the contention that broke out between nearby births, Koi wanted to win the dots from each other, the abundant beast - we will be solent and protein. Horillarday Maran and people altered him, and they were nosed by the tribe chorillar named Nyun her.

Restricted that in the vicinity of Burkhan Haldun Beast in abundance, chorilara moved to the bayan Urianhai bayan 11
The tribe of Urianhaians, according to Rashid Ad-Dina, was among the tribes that left Ergune-kun and burned Burkhan Haldong into the terrain.

Who put on Mount Burkhan Haldong Kumir to worship the guardian spirits of that mountain. So, Susalus Dobun Maren was beautiful Alan Goo, Daughter Horing Tumed Nyun Horillardai Maran, born in the terrain Arig Us, and she became his wife.

Alan Goo and Dobun Mainan were born two sons - Bugunudei and Balguunudei. In Duva, the elder brother Dobun Maren was four sons. After the death of Duva, his sons stopped reading Dobun Megrian for his native uncle, they pouted him and stopped him, and then they dismissed him at all and sat down along with people suspended separately. And since then the tribe of the four brothers of these Durvun 12
The Durvun tribe refers to the Mongolian tribes of Darlegin; In the time of Genghis Khan, they constantly opposed him in the Union with other tribes.

13
Message Rashid Ad-Dina about the four sons of Tamacha Khan, from the birth of which formed the Durban tribe, and the narration of the author of the "secret legend of the Mongols" about the four sons of the Duva Sonya, whose tribe was not called "Durvun", obviously two options for the same events.

And the people of them - Dvorudas.

After time, somehow, Dobun Maren rose to the fell accent to hunt; In the forest, he hit one Urianjaitz, who killed a two-year-old deer and now roasted his ribs. Starting him, Dobun Maren said: "True I tell you: you will know a friend when he will share the prey!"

Hunter-uriankhats compartment Head of the deer and with his heart and lungs took himself 14
According to the ancient tradition of Mongols, the hunter did not give to another head, the heart and the lungs of the animal killed them, so that in the future he did not leave the hunting success.

And the rest of meat gave Dobun Maren. When, loading the carcass to the carcass, Dobun Maran returned home, on the road he hit the exhausted, torn man who was driven by his hand.

"What kind of tribe will you be?" - asked him Dobun Maren. The poor thing answered this: "I myself am from the Malig Bayagudai tribe 15
This tribe at the time of Genghis Khan lived in the valley of the Selenga River and was his ally in the struggle for the combination of all Mongolian tribes.

I'm hungry and got out of my strength. Please, give me meat to impregnating. Then I give you me to the service of my son. "

Dobun Maran agreed and gave the Hungry Poor a pillar of a deer, and his son looked with him. Since then, the tarts have served him.

Legend about Alan Goo

After many days, Dobun Maran died. Over the death of Dobun Megrian widow His, Alan Goo, gave birth to three sons and gave them names - Buga Khatagi, Bugut Sali and Bodoncar Munhag 16
Born around 970

What does Bodonchar-downtime mean.

Balgunudei's father born in the days of the health of her Balgunudei and Bugunudei secretly from Mother Alan Goo said such words: "Our mother, nor rhodue of his father, nor other husbands, having a three of us, the brothers gave birth. But in our house there is still one someone else's man: the servant from the tribe Malig Bayagudai. There must be children from him " 17
Rashid Ad-Dean in the "Chronicles Collection" reports: "Most Bayagud tribes (Malig Bayagudai. - A. M.), who are slaves Uruga (kind. - A. M.) Genghis Khan, belong to the descendants of this boy." In addition to this, Rashid Ad-Dean testifies: "In the initial time of the youth of Genghis Khan, when he began the war with the Taichud tribe and he collected the army, most Bayout tribes (Malig Bayagudai. - A. M.) were with him allies. Of the thirteen Kureny, his troops one smoke was, he commanded that the tribes were called Rocky "(Rashid Ad-Dean. Collection of chronicles. T. 1. KN. 1. P. 176).
Under the "Rock" (Mong. Utug - the "oldest") in this context is understood by the original, hereditary vassals, hereditally served in Genghis Khan and his family. Thus, it is still unequivocal by all doubts about the role of servant from the Bayagudai tribe in the history of the birth of three extramarital children Alan Goo, and therefore in the genealogy of the "golden kind" of Genghis Khan.

Saying that secretly from her, the elder sons lead such speeches, Alan Goo once in the spring he walked dried meat, fed to their sons - Balguunga, Buguunuda, Bugu Khatagi, Bugut Sali and Bodoncar Munhaga, planted them in a row and, giving each of They were on arrows, said: "Premit!" That those easily made. When Alan Goo, tied five arrows together, gave each of them with the words: "Preamie!" - None of them could break the bundle.

Then she said: "Balgunudei, Bugunudei, My Sons! You had a loss, like your mother three to you brothers norodila and whose will be these sons. In his doubts of sons you are right. But you are unknown only only. And truly you say this: to us in the yurt every night through ORHO 18
ORHO - apron, covering the tone - smoke in the roof of the Mongolian yurt.

Sistema Nisa Nisa 19
According to the beliefs of the ancient Mongols, the sky, the Supreme Divine, sometimes sends a favorites to the land, which is prescribed to be a top of the Great Affairs; Such a messenger is part of being a supernatural way, an example of which is a legend of the birth of three sons Alan Goo. Such traditions were aimed at exalted in the eyes of the people, well-known breeding labor.

Around the shiny escape.

He stroked the worst of sinful mine, his radiance was in me. When the moon must come together and spill up with the sun, he, like a yellow dog, having a tail, hastily left; And the bright light behind him flowed. You need to pray something to something. After all, your brothers is the sky of the sons.

Has you, my sons,
To longer their drafts.
When the lords over all
To take them time is suitable
Great meaning of my sons of my
Open versions. "

And the mother alone Alan Goo was commanded: "Aren't you, five of my sons were born from the womb?! And if you can tell you each other, any of you easily will be defeated by the enemy; Extremely like that boom, which you can easily have been prevented by that. But since kinship and friendships are strengthened between you, you like to bundle arrows that are not so easy to break; And you, my sons, will not just overcome the evil forces. "

So they lived, their mother, Alan Goo, did not.

Legend of Bodonchare

And when their mother, Alan Goo, did not, Balgunudei, Buguunudei, Bouguagu Khatagi and Bugut, Sali divided all the cattle and food supplies on four fourths and food, Bodoncar Munhagu did not give him a lot: "Not a relatives, - they said - he was not Stupid and stupid. "

Bodoncar Munhag, from whom the siblings renounced, decided not to remain more in native limits. "Life is not red, and death is not terrible," he thought about himself and, saddling his silence Klyach, went to the Oneon River. He came to the terrain called Balin Aral 20
This area is located in the north-east of Mongolia, in the territory of the current Dadal Somon Hatsei Aimak between Rivers Ballery and Tangleag.

I built a slash and settled in it.

Seeing once, as a hawk tears caught TETEREV, Bodonchar Munhag Silk from the Volos of his Silk's sink and caught that hawk. Having not having food at all, Bodoncar Munhag squeezed to roams, drove the wolves in the ravines, and killed them by the boom of an arrow; He did not be rushed and the padalu, the unloaded wolves, and the hawk of that whole fodder was knocked. So it was a year. When spring came and flew in every bird, he Moril his halter for a long time; Then he released him to the will, and the doctor asked him the ducks and geese a great set; and then

On each branch
Having suspended the battered birds behind the paws;
On each stump they lay,
And spoiled
And the smell was published.

At that time, the passing through a wooded hill, to the robus Tunhaelig Gorhi moved people unknown to him a kind-tribe. Every day, Bodoncar produced a haastle in order to hunt, and walked to people in order to get drunk Kumsa. And only by night, he returned to his slush. Those people have led him a bird-bird, but he did not give. They were not pretty, who he was and from. And Bodoncar also did not torture, what are they for people.

A little later, Bouguha Khatagi, the elder brother Bodoncar Munhaga, said: "I went to the River Onev of our downturn. I will go and look it. "

He drove on those people that they had naochesed on the river Tunhaelig Gorhi, and asked whether they saw such a horse at such a horse. Those answered: "One and the same person drives to us every day; Jumps Kumsa - and will eat. That man and the beds of him, it seems that those you are looking for. He has an excellent hawk bobbish.

Shelter his night, however, we are noticed. We know the same thing: when the northwestern winds suddenly want to immediately have feathers, Pooh Gusey and Ducks, who, apparently, the faithful hawk is brought without an account. And this means his dwelling is not unpleasant. Usually at this time, he is declared from us. You wait for it, however. "

Soon the rider appeared, jumping along the river Tunhaelig Gorhi. When he drove up closer, Bugu Khatagi recognized the younger brother of Bodoncar in him and led him up on the River Oneon.

Jumping behind the older brother, Bodoncar said: "Listen, brother! Any body head is needed like Del 21
Del is the national outer clothing of Mongols, a bathrobe on the lining.

- Gate! " But Bugu Khatagi did not give him words. Then Brother Bodoncar spent the word brought to them again. But Bugu Khatagi was still silent. When for the third time he approached his brother with the same words, Brother Senior Buga Khatagi exclaimed: "Why are you the same thing, Bodoncar?"

And the younger brother told him in response: "those people that sit on the bank of the river Tunhaelig Gorhi, draws: no one worth the chapter over them. And between them all are equal. I truly tell you: the prey is light, these people will be, if they attack all the briefs on them. Let them continue only to us they are subject to. "

Brother Senior Bougie Khatagi said: "Well, if so, we will pick up the hands of any people. But before the brothers we need to talk. "

Returning, the brothers kept the Council and decided to conquer those people. Bodoncar was sent to the best sentient. On the path of Bodoncar, a pregnant woman came across.

"What kind of tribe will you be?" - he asked.

"I'm from Szhardaky Urimanhaians," she said.

After leaving his lot, the five brothers were broken by Lyuda Notea, and Cattle, and Skarb them to his hands were caught, and turned their subjects.

Tradition about the descendants of Bodoncar, Borogonov's Rodnod

Pregnant, which was met on the way, entered the house of Bodoncar and gave birth to a son, who was ordered a ferry, that is, the son of someone else's tribe. Rod Jadaran began with him. Rajijaday gave birth to Son Tugudai, Tuguday - Son Burichi Bulchira, Bury Bulchir - Son Har Hadan, Har Hadan - Son Zhamukh. They all belonged to the robe of the Jadaran 22
At Rashid Ad-Dean, this tribe is called Juriyat or Jagirate.

23
Rashid Ad-Dean has a tribe called Jaughty or Jagiirate; Unlike the author of "the innermost legend of Mongols", which unambiguously says that Zhamuha (in the time of Genghis Khan, he first twin, and then one of the main rivals in the struggle for power) comes from the adoptive son of Bodoncar and, it means not to "Golden Skin ", Rashid hell-Dean reports that the Tribe of the Juriyat tribe, to which He was owned by Zhamukh, was the seventh son of Tumbwe Khan, Udur-Bayan, which, on the contrary, testifies to the close relationship of Genghis Khan and Zhamuhi. The Chinese Mongolad Cakes in the commented excerpt "of the innermost legend of the Mongols" quite rightly drew attention to the fact that Jamuha was born in the sixth generation after Bodoncar.
Genghis Khan, as applied from the same "intimate legend of the Mongols", the descendant of Bodoncar in the eleventh generation. Since Zhamuha and Genghis Khan are the people of one generation, it is obvious that several generations in the pedigree of the Zhamuhi are missing in the "secret legend of the Mongols" (Cake. History of Genghis Khan (on Mong. Yaz.). Ulan-Bator, 2004. P. 145).

That woman gave birth to a son and from Bodoncar. They told him the name Bariday, that is, the son of a prisoner. And the genus Barin began with him. Bariday gave birth to Chiduhul Buha. Chiduhul Buku took a lot of women and had the darkness of children. And they made up Rod Manan Barin.

Bellguandaya went to Balguunud. From Bugunuda - Rod Bugunud. From Buku Khatagi - Rod Khatagin. From Bugut Sali - the genus Slesjud. From Bodoncar - Rod Borogygin 24
The ancestor of the genus was Bodonchar (rules for tribesmen at the end of the X century), according to legend, which appeared on the light of the favor of the sky, which had to testify to his special purpose; To this family belonged to Genghis Khan.

25
As Rashid Ad-Dean writes: "The value of Borjigin is" Seruoglasy ". Oddly enough, the descendants that occurred from the Esuhai Bator, from his children and the genus of him to this time, the more part of the serunous and yellow-colored outforthiness. This is explained by the fact that at the time Alan Goo became pregnant, she said: "The light, like a person of serunegrazing and yellow-colored outfice, descends to me at night and [then] leaves."
The Mongolian researcher D. Gorgor noted that "when Bodonchara and his descendants continued the process of the separation of new births and tribes. So, according to the information of the "inextant legend of the Mongols", in this period of time, 16 gods were postponed, leading their origin from Bodoncar. Along with the process of forming new births, tribes and family-tribal associations there was a tendency to unite the disparate Mongolian tribes, which significantly increased since the X B. " (Gygor D. Halha-Mongol's ancestors and Khalhas Khanate (on Mong. Yaz.). Ulan-Bator, 1970. P. 70).

The first wife of Bodonchara gave birth from him the son of Habichi on nicknamed Tolston-legged 26
Mongolian scientist X. Parlee determined the birth date of Habiči-Bator - 984. According to the Chinese Mongolad Calishal, starting from Habichi-Batar, representatives of the family of Borjigin, hereditaryly became the leaders of the Mongolian ulus.

The mother of Habichi Bator was a maid. Bodoncar made her with his concubine. And she gave birth to his son, who was given the name of Jeguredi. While Bodonchar was alive, Zhuegarey participated in the medium of others in the generic sacrifices. After the death of Bodonchara, the son of Inoy Zhuegureda was accused of granted him from one of her husbands of Aradkhan Urimhadai, and were driven 28
This episode is associated with the generic cult of the ancient Mongols: only members of this kind were involved in sacrifices; Prevention to participate in sacrifices was equivalent to exile from the genus.

Zhuguredey began the genus Zhugureid.

Habichi Bator gave birth to the son of Manan Tudunu. Manan Tudun gave birth to seven sons, and called them names: Hachi Hullug, Khachin, Khachigu, Khachula, Haraldai, Khachigong, starting Bator.

Hachi Hormuga and his wife, Hydu Son Hydu 29
Born in 1035

30
According to the "Mongol's inner-in legend", Heydu-son of the Sen Son of Manan Tudunun, Hachi Hooluga, and his wife Nomulun. Judging by the testimony of "Yuan Shi", Hachi Hoolug, among the six Sons, Manan Tudunu was killed by Jalai; The Seventh Son of Manan Tudunun, a starting Bator, saved Heydu, his nephew, and subsequently erected to the Khan throne. We are talking about the proclamation of Heyut by the leader of the Mongolian Ulus; Heydu was a representative of the older kind, therefore, when he grown, his uncle-Batar was acknowledged by his leader of the Mongol Ulus, he himself headed the army of ulus.

Khachin gave birth to the son of Nögidaya. He was arrogant, like a noon, because the genus, who came from him, was not looking at Noehon.

Khachigu gave birth to son Barulada. He was huge body, voracious, because Barulas was called him, which means insatiable.

The sons of Khachuly were also insatiable in food, and nicking their big barlars and a small barula, and their brothers are a smart barula and a stupid barla. And they were all from the Barulas tribe.

Haraldi's sons like cereals were mixed, seniority not knowing among themselves. Therefore, they were nusted by their genus Budad, which means grains.

Khachigong gave birth to the son of the Audarchy. Among the brothers, he was the first debaters and the Zabyaka, and the genus, which came from him, was called Aarhin, which means repanning.

The start-up Bator gave birth to the sons of Urugudai and Manguda. And the childbirth of Uruguad and Mangoah went from them 31
Roda Uruguad and Mangoh were in blood relationship with Borjigin.

From the first wife of the starting Bator, the sons of Sons are born and dogpaths.

Heydu gave birth to the sons of Bai Shinhor, nicknamed Dogshin, which means Grozny, Charathi Linha and Quizhin Ortegha.

Bai Shinhor Dogshin gave birth to the son of Saten's Tubin, which means grinding 32
Born in 1069

Charatha Lynchu gave birth to Son Songhum Bilge, from which the genus Ambagaytan Taichud 33
Perhaps, more precisely, this phrase should be translated as "Ambagai and all Taichy"; The chronicler made the name of the barn actually nominated, because Ambagai later became famous, becoming not only the leader of Tychudov, but also, the main thing, Khan's ulus "All Mongols".

Charathai Linhu took his wife's senior daughter-in-law, and they were born a son named Besuda. And he went from him a new genus Besud.

Chuzhin Ortagay gave birth to six sons, from whom the childbirth of Oonar, Honhotaday, Arub, Sonyda, Haburhas, Henigs.

Tumbin Sateman gave birth to the sons of Habul-Khan 34
According to the Mongolian chronicler of the XVIII century. Maran-Gagan, born in 1094; According to other sources - born in 1101, died in 1148 (according to some sources - in 1137).

And Sam Schulele. Sam Schulele gave birth to the son of Bultach Bator.

Habul-Khan gave birth to seven sons. The older was the name of Okhin Barghag, and the rest - Bartan Bator, Hutugtu Mungur, Hutula-Khan, Hulan, Hadan, Tuduong Checchgin.

Okhin Barhag gave birth to son Hutugtu Jurso. Hutugtu Zhuhi gave birth to sons Sacha Bahi 35
Bahi.- The descendant of the older in kind, the highest priest, shaman.

And Tychi. And the genus went from them.

Bartan Bator gave birth to Sons Cana Hana, Nakhun Thai 36
Thai - the title of the commander in the Ulus "All Mongols".

Esuhai Bator. 37
Esuhai Bator - The Father Temushina (Genghis Khan), the most influential among the successors of Habul Khan; In his submission, there was a largest tribe of Ulus Hamag Mongol ("All Mongols") - Taichy; Esuhai Bator was poisoned by Tatars in 1170, after which this ulus collapsed.

Dariday Ottchigin.

Hutugtu Mungur gave birth to son Buri Buha. That very much that the shank shoulder Balguday, Brother Chingis, on the feast in the grove near the River Oneon.

Hutula-Khan gave birth to three sons - Joch, Girmau and Altan.

Hulan gave birth to his son Charen, whose servants Badai and Hischilig during the reign of Chingis became Darkhad Nyunov.

Hadana and Tuduongan did not have offspring.

And then overlook the ulus Hamag Mongol 38
Hamag Mongol ("All Mongols") is the initial state association of a number of tribal unions in the Oneon River basin and Cerulent in the XII century. Temuzhin (Genghis Khan) was the grandson of the first Khan Ulus Hamag Mongol - Habul-Khan. Researchers associate the appearance of the "Mongol" ethnonym with the "Shi-Wei" tribes. In particular, N. Ts. Munkuev noted that the name "Mongol" for the first time in Chinese sources is found in Tzzu Tan Shu ("The Old History of [Dynasty] Tang" was drawn up in 945) in the form of "Men-y Wei "(" Mongols-Shivaitsa ").
In "Xin Tang Shu" ("New History of [Dynasty] Tang", compiled in 1045-1060.) This ethnonym transmitted through the "Men-Wa Bow" ("The Men-Wa Tribe"). The place of the initial settlement "Men-U Shi-Wei", as scientists consider, was the territory between the rivers of Argun and Oneon, from where in the VIII century. Their considerable part moved to the tribe region (River Oneon, Kerulent and Tull). In Kydan and Chinese sources of the XII century. These tribes were called in different ways: Canopy, Menguli, Mangutsza, Mangu Guo.
However, all these names are essentially the essence of the various transcription of the Mongol ethnonym, since ancient times used by the Mongols themselves, and subsequently giving the name of the ulus Mongolian tribes. According to B. Ya. Vladimirtsova, "In the XII century. The Aristocratic genus of Habul-Khan was named Borogygin and accepted the name of Mongol after subdued and united several neighboring birth and tribes, forming (in 1130 - A. M.), thus, a single political integer, one genus - ulus; This ulus was given the name Mongol (Hamag Mongol. - A. M.) in memory of the glorious name of some ancient and mighty people or kind. "
Although it is possible to understand that Habulhan Khan commanded all the Mongols, but in fact at the beginning of the XII century. Habul-Khan first united only the Nirun-Mongol tribes (according to the "Fair Talk of Mongols", there were 27 such tribes), the dominant situation among which was occupied by Hadi Borjigina and Taichy; The leaders of these two tribes in different years, depending on the domestic political factors and the external situation, became khana of this ulus.
As applied from ancient sources, Habul-Khan made efforts not only to the unification of the indigenous Mongolian tribes, but also to establishing allied relations with the nearest neighbors - the Khunning of Marthadov and Hereides. They also took steps to establish equal relations with Jin Altan Khan, from which the main external threat was made by the existence of the ulus "All Mongols". And at first it seemed that the increased authority of the Habul-Khan and the political influence of his ulus would allow him to achieve the desired.
This is evidenced by the reported Rashid AD-DIN, the fact of the invitation of the Habul-Khan Altan-Khan Chjuzhensky Dynasty Jin to himself, so that "there was a wide road of unity and friendship between both parties." This event, obviously, occurred in 1133-1135, since after the death of Altan-Khan, Ukiya (Bayan User), the position of supporters of the power influence on the Mongols was finally prevailed in the ruling top of Zhurzheney, with the aim of enslaving.
This policy of the new Altan-Khan resulted in both direct invasions of the Jin army into the territory of the Ulus "All Mongols" and in the etching of the Tatar tribes who lived in the East of modern Mongolia, on their neighbors, Mongolian tribes. In particular, at the end of 1138, the significant forces of Zhurzheney, headed by the commander of Husha, invaded the territory of the Ulus "All Mongols". But in the spring of the next, 1139, being broken by the Mongols in the area of \u200b\u200bHanlin, were forced to leave the ravis. Then in 1140, the same warlord invaded his troops in Mongolia again, but, as the first time, he received a decent story and retired.
Soon another twentarar Zhugzheney - Wushu - moved significant forces on Mongols. It is noteworthy that this warlord from the young age was specially preparing for military action against Mongols: became an excellent rider and a fideline from Luke. Mongols allowed the wushu troops to go deep into their territory, and there, applying a counter blow to him, forced to surrender. This defeat of the troops of Ushu became a strong shock for Zhurzheney, and in 1147 Altan-Khan was forced to send the head of the Fortress of Bianjing Xiao Boszono in Mongolia, ordered him to conclude a peace treaty with Khan Ulus.
In accordance with this order, Xiao Boshono met with the leaders of the Ulus "All Mongols" and agreed that the Mongols were transferred by 27 fortresses, located north of the Sandine River, and the annual deliveries of Mongolia were guaranteed in the form of gifts, sheep, grain, pea and other products.
In the successors of Habul-Khan, Ambagai Khan and Khutule-Khan, Chuzhsen, I correct a peace treaty, repeatedly invaded Mongolia, which encouraged the Mongols to answer the same.
The aggravation of the foreign policy situation around the ulus "All Mongols" was due to both the military and economic policy of Zhugzheney and their allies, the Tatars and the short-sighted actions of the Habul-Khan himself and his environments. It is eloquently evidenced by Persian and Chinese sources, a story about the causing behavior of Habul-Khan at the reception at Altan-Khan, which later led to the murder of the ambassadors of the last, as well as the meaningless murder of the Tatar Shaman, which resulted in many years of hostility and mutual revenge.

39

Habul Khan. And although he had a hobul khan seven sons, he punished to build a throne after himself Ambagai Khan 40
With a poorly hidden reproach to Habul-Khan, the author of the "secret legend of Mongols" writes that, having seven sons, Habulha Khan punished to the throne after his nephew, Ambaga, who headed the Taichdov tribe, which was in the ulus " All Mongols. " This obviously, for a while weakened the position of Borogygins and, on the contrary, strengthened the position of Tychudov in this ulus. The motives of the decision of the Habul-Khan about the transfer of power by the leader of Taichyov are unknown.
It is believed that Habul-Khan, taking care of the conservation of the unity of the ulus, believed that it was the tribe of Taichudov, who had significant human and military resources at that time, would be able to become a major support and force in counteracting external danger. According to another version, the decision of Habul-Khan was caused by the recognition of his own guilt in the deterioration of the external situation of the ulus "All Mongols", as well as the understanding that the inheritance of his throne one of his sons would only aggravate the hostility of Altan-Khan and his minions, Tatars, to Mongols , will strengthen their lodge hatred and thirst for revenge.
Ambagai-Khan, as sources testify, made important steps to strengthen the unity of the ulus, the combat capability of his troops. The author of the "chronicles collection" Rashid Ad-Dean reports that when Ambagai Khan was introduced the position of commander-in-chief of all Mongolian troops - Thai. They were appointed Son Ambagai Khan - Hankan Bator, who was obeyed by all the troops, divided into three wings.
Also from this source, we learn about the desire of Mongols to enlist the support of the Marangads and Haradov friendly Khuansts. And finally, many sources report that Ambagai-Khan tried through the matchmaking to restore normal relations with the Tatars. All these attempts were crash. And the very leader of Tychudov was not destined to stay at the head of the Ulus "All Mongols". As Rashid Ad-Dean writes, Tatars, who took the hostility and hostility to Mongols, captured the barghary and handed over Altan-Khan than to condemn it to martyrdom.

Son Single Bilge.

According to the river Orsun, which flows between Lakes Buyre and Hulong, the Tatar tribes were sitting 41
One of the powerful mongony-language tribes of the end of the XII century. There were Tatars (or "Tatars of thirty childbirth"), descendants of the Tungusian peoples. Tatars since ancient times roamed in the area of \u200b\u200bLake Hoolung and Buyr (the current Autonomous District of Inner Mongolia PRC), and their main bet was near Lake Buyre.

42
In the XII century Tatars were constantly robbed and ruined the weaker Mongolian tribes, tried to impose their rides. After the victory of Zhurzheney over the thickens and the creation of the Jin Altan-Khan, Tatars in 1127, entered into an alliance with the latter. After that, the Tatars became the main and reliable power of the implementation of the reactionary state policy of Altan-Khan "Achievements of the authorities over the foreign hands of the Aliens themselves." The Tatars betrayed the interests of all Mongolian tribes, turned into sub rule, hated traitors who surrendered to the mercy of their Zhurzhen gentlemen.

- Iiriguda and Buyruguda. Ambagai-Khan issued his daughter for Tatarin and went to accompany her to Tatar. And was captured there Ambagai Khan Tatars and issued by Altan-Khan Hanatsky 43
This refers to the emperor of the Chungi Empire Jin, existing in the north-east of China.

44
Zhurzheni (they are czyns) - Natopolis, who spoke in a language close to Manchurian, and inhabited in Northeast Manchuria; Initially, Zhurzheni was under the rule of the thief (Liao dynasty), but at the beginning of the XII century. They rebelled and, causing defeat, in 1115 declared the creation of the Jin dynasty, that is, the Golden Dynasty (in Mongolian Altan-Khan - "Golden Han"). Rashid Ad-Dean reports that Altan-Khan "ordered to nail it (Ambagai-Khan) with iron nails to the" wooden donkey ", and he died." This is an ancient way of execution, during which the doomed lay face up on a special flat wooden flooring and, naughted his hands and legs to him, left to die in torment.

And then sent Ambagai-khan a manto named Balahachi from the Beesudi tribe and commanded: "Go to Hatula, Middle Son of Habul-Khan, come to Hadan Thai, Middle Son of the Ten of My Ten Sons, and give them: In the future, let them be called my ordered Ulus Hamag Mongol to all the lords themselves accompany their daughters. Tatars, I captured here.

So take mix about the lord of your
So far all nails with fingers do not break
And ten fingers of your
To the end are not existed! "

The story about how the Eshai Bator stole Ogalong

Whistling at the time on the Oneon River on the bird Esuhai Bator met their Chiloud from the Marthad tribe 45
The Mergead tribe belonged to the number of major Mongolian tribes, dwells in the upper reaches of the Selenga River; Among other Mongolian tribes were distinguished by their warlikeness. Marthada had a strong army.

46
If we talk about the real location of other major mongil-language tribes, we are talking about, then in the east of Borogygins and Tychudov (hereinafter referred to their "Central Combine Tribes"), the south of the right bank of the Argun River and Lake Buyr and Hulun, the Tatars and Hongirada were located; in the south of the Central Golk tribes, north of the Great Wall of China, - Onguda; in the south-west of the Central Golk tribes, along the flow of Orkhon and Toull, - Hereyda; for hereides, along the Altai Range, - Nimana; in the west of the Central Golk tribes, by the flow of the Selenga River, - Mergada; in the north-west and north from the Central Goli tribes, the west of Lake Baikal, - Eurada; in the north and northeast from the Central Communion Tribes - Jalary; Eastern Lake Baikal, in the district of Barguzin Tukhume, - Barguda ... at the end of the XII century. These tribes, obviously, were mainly spoken on various dialects of the Mongolian language. Therefore, we call their mongle-speaking tribes.

Who, taking a girl from the tribe Olhunud in his wife, returned now the ravis. Esuhai Bator looked in the war and saw in it an incomparable beauty girl. He immediately crushed home, called with his older brother Nakhun Thai and the younger brother Dariday Odechigina, and threesome rushed after their Chiloud.

Having envy horseback, I was afraid of their chilad, drove his waters on his sputum and rowed away along the slope of the mountain. Three pursuers, jumping for each other, did not lag behind. Their chiladu out the hill and returned to Yeah, in which his wife was expected. Ogalun Dzhin. 47
Ogalun Dinner (dinner from whale. Fougeon - "Madam") - The mother of Temushin (Genghis Khan), belonged to the genus Olhunud.

Exclaimed then: "Did you understand that those three were planned?! They are too suspicious of their faces. They want to deal with you. Favorite, if you will be in health in health, you will deserve my wife.

We in the wagon of each girl sits,
In the age of any bride expects.

And since the new narrowed your name will be, the nickname of Ogalong give her. Now think about yourself! Inhales my smell on the farewell and immediately away. "

With these words, Ogalun removed his nice shirt and filed her Chiloud. When he fed from his horse and took her, three pursuers appeared because of the hill. Their Chiloud was over his sputum horse and worn away up on the Oneon River.

Seven passes exceeded her pursuers, while they chased him. Yes, never caught up, retreated, turned back to Beach. And they took Ogalun and were lucky. Esuhai Bator led to her horse, his older brother of his Nakhun Thai drove ahead of everyone, and the youngest - Dariday Schchgin followed the side. And then Oglong dinner crushed:

"For what, tell me, for what, my chiladu,
Such God we will send fate-misfortune!
You - in the steppes are widely hungry,
Wander away from the winds on occasion.
And where do I have braids to break-lose?
Where without you, I will win?! "

And she was so that the River Oneon raised his waves, and Bor Forest was swollen, as if from the wind.

Dariday Dechchgin exhorted Ogalong:

"Whom you caressed, whom hugging,
That is now on the side of the pass.
You kill you and binge,
Already crossed rivers and rivers a lot.
Stands are not a wall, he will not hear you,
You would not find a way to him;
Neither the shade of him nor the trail will see
And it would be better if you were silent. "

And I brought the Esuhai Bator Ogalong to my house and I made my wife. That's the whole tale on how the Esuhai Bator took himself to the wife of Ogalong dinner.

Meanwhile, Hamag Mongol and Tichada gathered on the banks of the Oneon River in the area, called the Chorhonag Valley, and, who conspires, put on them with Khan Khutul 48
It describes the episode of the election of the Khan ulus "All Mongols"; Special mention by the author of the "secret legend of the Mongols" of the Taichood tribe testifies to his special, dominant position among other tribes of Nirun Mongols, which were part of the ulus. And nevertheless, Ambagai Khan called his successor Hatulu, the son of Habul-Khan. The second person in Ulus, his main governor, as Ambagai-Khan punished, remained his son Hadan Thai. The return of the throne Khan of the Ulus "All Mongols" Hada Borogygigami was obviously due to the growth of the authority and the influence of this kind and the Hutuly itself, as well as with discords, the struggle for power among the sons of the Ambagai-Khan itself. Subsequently, Tichuda, the biggest tribe, which was in the ulus Hamag Mongol, was subordinate to the father of Genghis Khan for a long time, after whose death was separated from his heirs and was friends with them. Tichada lived in the Valley of the Oneon River and the Worthy Selenga.

For the captive Ambagai Khan commanded the word of his two - Hadan and Hutule.

In the honor of the Mongols of Peir Yes Dancing. Therefore, eating Hutuly on the Khansky table, they drank and danced under the Sacred Spacidian Tree Khorhonagsky 49
One of the objects of religious reverence of Mongols was a notable tree in the Chorchonag Valley on the Oneon River; Representatives of all kinds and tribes for joint festivities, Huraldans (tips) converged to this tree.

Until,

Until the ribs cracked
Until the legs fell off.

And how he became Hutula Khan, he went along with Hadan Thai to the limits of Tatar, to take revenge on them, as he was taught to Ambagai Khan. And they beat with Hutun Barahch and with tatatarian tatar, but they could not

Revenge revenge
Remarks to issue
For the Khan Ambaga his.

And the evoyasi's dishwheat 50
According to ancient sources, at the end of the 50s. XII century Ulus Hamag Mongol ("All Mongols") was caused by a sensitive defeat by the Tatar tribes and supported by the Jintsev, which led to the loss of unity in the ranks of the Mongols. During the coming period, there was a lack of interest to Esuhai-Batar, the future Father of Genghis Khan, was destined to continue the case of their hindered ancestors and stand at the head of the ulus "All Mongols". His way to reign in Ulus (approximately he headed the ulus at the end of the 50s - early 60s. XII century) was thorny: first, as evidenced by the "Yuan Shi", he "merged all the obliquses (childbirth. - AM ), which remained after the Father, "then, as Rashid Ad-Dean writes, he became the" leader and the head of the nirun tribe, senior and younger relatives and his birth "and further in battles with various Mongolian tribes" part of them submitted to himself. "
On his ripherness in the Ulus "All Mongols" also says the message of the "secret legend of the Mongols" about the successful battles of the troops led by the tartar. The events, which happened after his death and described in the following chapters, "Taken", do not leave the shadows of doubt that the Most of the Mongolian tribes "were obedient and subject to the death of a doubt (approximately in 1170)."

Capturing in full of Tatar Temuzhin UGE, Chori Buha and others, and his wife, Ogalong dinner, meanwhile, was resolved in Genghis 51
On the date of birth of Temusin (Genghis Khan) there are different points of view. First of all, there is no unanimity in this matter from the authors of the ancient chronicles, according to the testiments of which modern scientists stopped on three main versions: 1155, 1162 and 1167. Most often (and first of all, the Mongols themselves) of the birth of Genghis Khan called the year of the Black Horse - 1162th. In our narrative it is this year that will be a reference point that determines the further dating of the events of the life of Temusin-Genghis Khan.

In the terrain called Dalong Boldog 52
Currently, most Mongolian scientists agree that the terrain of Dalong Boldog, which tells the "intimate legend of the Mongols", is now called Laman Uhaa (or Hurae Uhaa) and is located on the territory of the current Bindar Somon Hantai Aimak in the north-east of modern Mongolia.

What on Oneon.

And Genghis was born, squeezing in the right hand of a blood clot with alchik 53
Alchika - the name of the bone in the lame leg.

And they told him the name of Temuzhin, for his birth coincided with the captivity of Tatar Temuzhin UGE 54
Esuhei and Ogalun, their firstborn gave the name of Temuzhin. According to B. Ya. Vladimirtsova, the choice of his father identified the ancient Turkic-Mongolian custom "to impose names for the most striking phenomenon at the birth of a child (Vladimirsz B. Ya. Genghis Khan, in the previously indicated book. Pp. 148). And this event was the victory over the Tatars and the capture of their governor, as well as the fact that the future ruler of the world was born, squeezing in the arm of the blood cluster. Therefore, parents, in order to "capture his warlikeness and glory," and ordered his tomusin.
Surely parents, giving her son this name, invested in it and deeper meaning. According to some researchers of etymology of this name, it comes from the Turkic-Mongolian root of "Temur" ("Iron"), and this is a relatives of it with the word "blacksmith", which in a figurative sense can mean "R. Chingis Khan" . Conqueror of the Universe. M.: Young Guard, 2000. P. 34). But the American scientist Jack Weshenford, noting that the names of the three children of Esuhai Bator and Ogalun are single (it is still in the tradition of Mongols), it claims that all these three names (Temuzhin, Temuege and Temulong) are derived from the root "Tamul" (Weisford J. Genghis Khan and Birth modern Mira. M.: Act, 2005. P. 70), in modern Mongolian language meaning "rushing, rushing, strive forward, break."
Well, from a phonetic point of view both interpretations can be recognized as fair. And then the factors that prompted the Esuhai Bator named the firstborn with the name of Temuzhin, it becomes several of them at once, and the more significant and more significant was the meaning, which was probably putting his father, the head of his son, who later stacked the Iron Will and rushed forward, to achieving his ideas .

Ministry of Education and Science RK

Eurasian National University. L.N.Gumileva

SCIENTIFIC WORK

On the subject of the history of the state and the rights of the Republic of Kazakhstan on the topic

"Great Yasa"

Performed: 1 year student of the MPR-12 group

Syzdykova Saul.

Accept: Ibrahimov J. I.

Astana 2008.

The formation of the Great Mongolian state at the beginning of the XIII century. caused the need to develop common, enshrined in writing legal norms and legislative deposits to control the extensive power. The realization of this goal was adapted by the usual right, the codification and changes that meet new conditions were adapted. The Code of Laws and Institutions was called "Great Yasa" or simply "Jasa" Genghis Khan.

Jasa (more complete form "Yasak"; Mongolian - Dzasak, Yosun) means "decree", "Law". "Yasa" Genghis Khan - sanctioned by Genghis Khan Mongol Code of laws and establishments. The new legislation was formed decades, on the one hand, for a long time, and on the other - instantly. For all Mongolian tribes, Genghisov Ulus "Yaa" was published, as they believed, at the Great Kurultai in 1206, at the same time with the proclamation of Techurus Chingijan of the whole Great Steppe. But after that, Yasa was complemented and expanded. This happened in 1218, before the war with the Khorezmian Sultanat, and in 1225 before the conquest of the Tangut Kingdom.

In the Mongolian chronicle "Chindamanin Erich" says: "According to the exile of the Altan-Khan of Chinese and the subordination of his power most of the Chinese, Tibetans and Mongols, Genghis Khan, who owns great enlightenment, thought so: the laws and decisions of the Chinese solid, thin and undetermined. And with this thought, inviting me from the country of the people of the Great Teacher and 18 of his smart disciples, Genghis Khan instructed them to compile laws (Yoson), of which there would be calm and prosperity for all his subjects, and especially the book of laws (Huli-Yosoni Bikil) To protect the board of it. When, after drawing up, these laws were viewed by Genghis Khan, he found them appropriate to his thoughts and compilers awarded titles and praise "*.

* Hara-Daison E. Chingis Khan as a commander and his legacy // Arabesque history. Desert Tartari. Vol.

2. M., 1995. P. 89-90.

The most detailed information on the "YaSa" decrees we find the Persian historian of the XIII century. Juzzy and Egyptian writer XV century. Macrisi. According to Jugueni, Jaasa, Genghis Khan was written by the Uygur letter on the scrolls (Tumur) and was called the "Great Book Yaasi" (Jasa-Name-Yi-Buzurg). These scrolls were kept in the most authoritative Tsarevichi - "Jasa" experts; Upon joining the new Khan to the throne, the departure of the big troops, convening the meeting of Tsarevichi to discuss public affairs and their solutions brought these scrolls, and affairs were brought on their basis. "Yasa" was not preserved in the original and is known only in passages and abbreviated presentations from Juzzy, Rashid Ad-Dina, Vassaf, Ibn Battuta, Abu L-Farage, Makrizzy, etc.

From the preserved fragments, it is possible to conclude that the main task of the decisions of Genghis Khan was to create a new system of law, which would repay the requests and needs of the modernizing Mongolian society.

In the historical literature on the name of the law, the Great Jasa exist different opinions. In particular, V.A. Ryazanovsky, studied by the Great Jeza of Genghis Khan, wrote: "The Word of Jasa means a ban, charter, law ... The Great Yasa represents a written legislative monument, published by Genghis Khan *. Academician B.Ya. Vladimirtsov in the book of Cenghis Khan (1922) wrote:" Genghis Khan ... left his successors a huge empire and the guidelines of its devices, which were set forth by him in its establishments, Jasak and his sayings - bilike. " According to Kalmyk historian, Ereenzhina Hara-Davan, Big Jasak Genghis Khana, as it were, consisted of two major sections.

Thus, in "Yasa" it was possible to consolidate and codify Mongolian, ordinary law and folk customs and views. All this resulted in the form of "Great Yasa", which includes two large partitions:

1) "Bilik" - a collection of the sayings of the Genghis Khan himself, which contained thoughts, instructions and decisions of the legislator. They could be both in common, theoretical nature and as

extended judgments about specific cases;

2) Actually "Yasa" is a set of established laws, military and civil, with the establishment of responsibility for their non-performance.

______________________________________________________________

* Ryazanovsky V.A. Great Yasa Genghis Khan. Harbin, 1933. p.4

A number of researchers of the XIX century, as, for example, Professor I. Berezin and V. Vasilyev, were mixed by Biliki Genghis Khan with Yasoy. The famous Orientalist P. Melioransky in 1901 was subjected to Cenghis Khan's biliki in a special study and found that the difference between the content of YaSa and Biliki Genghis Khan was that various misconduct and crimes were listed and described in It should have been submitted, and in Biliki, the very order of investigation and proceedings in the Mongolian court was determined.

In other words, "Yasa" was a legal prescription, which was to be strictly followed by CengiSides, therefore, their subjects, and Bilik was a kind of procedural code, according to which the trial of the violators "YaSa" current law.

Since the time of Genghis Khan, there was a custom, says in the "chronicles collection" Rashid Ad-Dina, so that the words of Khan's words were recorded, and Khan often spoke to the rhymed prose, "folded and with hidden meaning."

In the Mongolian "YaAs" - the Code of laws that were introduced on the territory of all uluses, not unconditional subordination of the authorities based on violence was recorded, and the urgent need to gain power for self-defense, while even sacrificing the usual independence and personal freedom. Therefore, the Mongols were people of a special behavioral attitude, fixed in Yasa. At "Yasu", "Mongols really looked at the Gospel or Quran" *.

"Yasa" becomes the main political dominant steppe super eton in the fight against the Catholic and Muslim worlds before the adoption of Islam on the territory of Ulug Ulus.

At the same time, compliance with the decrees of Genghis Khan was necessarily not only for all residents of the Empire, but also for the Khans themselves. But "Jasa", of course, was disturbed by both the inhabitants of the Empire and the ChingiSides themselves. This is explained by the fact that the "Yasa" of Genghis Khan regulated only the norms of nomadic life. In most countries conquered by the Mongols, in particular, in Central Asia and Iran, where an ancient existed has existed its legal tradition, to subordinate the population to a new right was extremely difficult.

________________________________________________________________

* Ryazanovsky V.A. Great Yasa Genghis Khan. Harbin, 1933. p.18

The legal system of the Mongols, developed on the basis of the usual law of nomads and mainly for nomads, was extremely uncomfortable in other conditions. Many parties of social and household and public life remained at all are not regulated by "Yasoy", and its individual provisions entered into a contradiction with the religious Muslim law and customs of the local population. In this soil there were collisions between the "YaSa" and the local population, which is usually tragedy for the latter.

This is how the Juggis, the chief guardian "YaSa" of Genghis Khan describes the Jowyini: "He constantly held his surroundings and subordinates to the fear of" Jasa "and his own for her violation, that who would not pass his troops near his board, did not need anyone The avant-garde, nor in the convoy and, as hyperbolly, they say, if any woman put a gold tray on his head and went her lonely, she would not be afraid of anything. He published small rulings that were unbearable for the Muslim people, it seems that the cattle does not cut the meat,

to the afternoon did not enter flow water, etc. It was sent to all areas of the decision so as not to cut the rams, and in Horasan a long time no one openly cut sheep: he coated Muslims to eat Padalu "*.

However, not for all "Yasa" became the law, which was to be strictly observed. It concerned, above all, chingisides. Genghis Khan commanded: "If someone from our uriga once violates Yasu, which is approved, let him mention. If he breaks it twice, let him punish it according to Bilik, and for the third time, let him be filled with the far terrain of Baldzhin-Kuljur. After he gets there and returns back, it will make it. If he did not fix it, then the shackles and dungeon will define him. If he comes out from there, having learned the Adabs (norms of behavior), and will become reasonable, the better, otherwise, let all close and long-distance Rami gather, learn advice and will deal with how to do with it. "**

* Juzzy. The Tarikh - I - Jahan Gusha of Alaud - Din Ata Malik - I - Juwaini ... Edited by Mirza Muhammad IDN Abdul - Wahhab - I - Qazwini. P. 1-2. LEYDEN - London, 1912-1916. P. 227.

** Rashid Ad-Dean. Collection of chronicles: at 3 tons; L., 1946-1960. T.1, kN. 2. P. 263-264.

Without a complete copy of the Great Yasse, it is impossible to say for sure in what order the articles are located. Presumably they started with the preamble. Then, probably, in order, outlined by Juveli and AB-Ul-Faraj, outlined general principles and articles on international law and the organization of the army and the state.

I. General prescriptions

"It should be exalted and respecting clean, immaculate, fair, scholars and wise, to whatever people they do not belong to Lee; and condemn evil and unfair people."(Ab-Ul-Faraj, Section 2)

"The first is the following: love each other; secondly, do not commit adultery; do not steal; do not lie; do not betray anyone. Respect old men and poor." (Grigorfrom Alkan).

"He (Genghis Khan) banned them (Mongolas) there is anything in the presence of another, without inviting him to divide food; he forbade anyone more than his comrades."(Macrisi, Section 2)

"Since Genghis Khan did not belong to any religion and did not follow any faith, he avoided fanaticism and did not prefer one faith with another or did not excel over others. On the contrary, he supported the prestige of loved ones and respected wise men and herds of any tribe, considering it as Act of love for God. "(Juzzy, Section 2).

"He ordered to respect all religions and not to show preferences for any of them."(Macrisi, Section II).

This part of YaSa became the basis of the Mongolian religious tolerance policy.

II. International law

When you need to write to the rebel and send a representative to them, do not intimidate them with the strength and great size of your army, but only tell me: "If you voluntarily give up, then you will find a good appeal and peace, but if you resist - what can we know from our side? Eternal God knows what happens to you"(Ab-Ul-Faraj, Section 1).

It should be noted that, from the point of view of Yaa, each nation refuse to recognize the highest authority of the Great Khan is considered as the rebel.

An important principle of Mongolian international legislation was the principle of inviolability of ambassadors. And in each case, when the enemy violated this principle, there was a harsh retribution. There is no, however, the direct expression of such in existing Yaa fragments.

III. Government, Army and Administration

A. Emperor and Imperial Family

In the preserved fragments of YaSa, only one article considering the imperial title relates to this subject.

"(Mongols) should not give their chains and noble people a lot of allest names or titles, as other nations do, in particular, followers of Islam. And to the name of the one who sits on the throne of the kingdoms they should add one name, i.e. Khan or Kagan. And his brothers, sisters and relatives should call him the first name given by his birth. "(A6-Ul-Faraj, Section 3).

It can be said that the title "Kagan" himself expresses the completeness of the imperial power. At the same time, the emperor remains the oldest in kind, close relative; Hence the personal form of appeal recommended by the native.

B. Army and Administration

1. Statute about hunting.

"When the Mongols are not engaged in war, they must be given to hunting. And they must teach their sons how to hunt wild animals to gain experience in the fight against them and gained strength, energy to make fatigue and be able to meet enemies as they meet in The struggle of wild and impudent animals, not sparing (yourself) "(Ab-Ul-Faraj, Section 4).

Obviously, the hunt was not only the most popular sports of Mongols, it was considered as a state institute and the basis of military training.

2. Army Statute. .

"Men from twenty years and older are recruited by the fighters.For every dozen must be appointed officer, and for every hundreds, and an officer for every thousand, and an officer for every ten thousand ... No warrior out of a thousand, cells or a dozen in which hewas enlisted, should not leave for another place; If he does it, he will be killed, and will also be with an officer who accepted him "(Ab-Ul-Faraj, Sec. 5 and 7).

"He () ordered the warriors after returning from the military campaign to perform certain duties in the ruler service" (Macrisi, Section 20).

The creation of the Imperial Guard has become one of the most important reforms of the military organization. It is very likely that the high position of the guard was recorded as Yasoy, although there is no mention of the existing fragments.

The generic principle in the new state was violated immediately and consciously. Commanders received rewards respectively, and not by birth. Warriors served from fourteen to seventy years. For the observation of the order, in addition to the hundredsmatic army, a ten-thousand guards was created, entitled to the guard of the Khan Yurt18. The establishment of the legislation was the military charter of the Genghis army. The newborn empire arose due to wars and should have been behaved until there were reasons for them. In such a militant and heated human, it is necessary to maintain a strict order, for which the real force was required. Genghis Khan provided it and from his own security created the Mongolian apparatus of coercion, which was subordinate only to him and was put up above the Army team: the ordinary Guardsman was considered to rank above the thousandth. Thousands prescribed 95 Noions.

Unlike Western European monarchies and oriental despoti, the authorities were not transmitted here on acquaintances and inheritance, and Mongolian Khan chose, and then he was a guarantee of law and stability in Mongolian society. Genghis Khan made from his subordinates with a public imperative: "Be to whom you should be," where everyone should have followed the law, including Khan. And Khan was an example of "Jasa" for all his warriors, otherwise Mongols would refuse him in trust.

The army, especially during the first conquest, was the ridge of the Mongolian administration as a whole. Therefore, the principle of the universal service, which assumed that each person had its own special place with which he was connected and which could not leave, became the basis of not only the Mongolian army, but also the Mongol Empire. We can call it a statute of the associated service, and, as applied from the application of Macrizi, this service has not coordinated only to the execution of military duties. An important aspect of the responsibility of serving the state was that this service was equally distributed among all Chan's subjects.

"There is equality. Each person works as much as the other; there is no difference. No attention is paid to wealth or significance"(Juzzy, Section 5).

Not only men, but women should have served. "He () ordered women accompanying troops, to do the work and fulfill the duties of men, when the latter was absent, fighting"(Macrizi, Section 19).

The status of a linked service became the basis of the Great Khan's omnipotence. However, there were exceptions from the seeming iron rules. The priests of all religions, as well as doctors and scientists, should not have fulfilled the usual service or pay taxes (macrisses, sec. 10). They expected a different return - spiritual or professional. In addition to liberation from the contesions of the entire social category, special privileges could also receive individuals belonging to the number of ordinary citizens. The recipient of such immunity was known in Mongolian as Darhan (Türksky - Tarkhan). This institution has received a complete meaningful in the late period (XIV-XV century); It is not mentioned in existing Yaa fragments.

Among other articles of the Great Yassey, considering administrative law, you can mention the following: institution of postal and equestrian stations; fees and taxes; Mongol's duty to represent their daughters (presumably also prisoners they owned) for beauty contests, where the most beautiful ("Lunolic girls", according to Juguney's characteristic), were elected as wives and mistresses of Khan and the princes of khana blood.

3. Criminal legislation.

"Jasa" Genghis Khan, who erected every misconduct, even a simple human negligence or negligence into the rank of crime and provided for a strict punishment, right up to the death penalty, is recognized as "extremely strict" by the official historian of the Mongolian Empire Rashid hell-Din.

Criminal legislation of Yasi, the main goal of maintaining peace and order in the state and society. His general moral prescription, in Grigor Alkans, ended with the following sanction: " If the violator of thiswill be found among them, then criminals are subject to death. "So, although the final goal seemed to be in a broad sense of humane, the law was approved with adamant cruelty.

In general, Jasa recognized as crimes to be punished, the following groups of offenses: against religion, morality and established customs; against Khan and the state; And against the life and interests of a separate personality.

The main purpose of punishment, in the understanding of Yasi, was the physical destruction of the criminal. Therefore, the death penalty plays an important role in this Code. Jasa recognizes the temporary isolation of the criminal through imprisonment, deportation, offset from office, as well as intimidation through the causation of pain or imposition of a fine. In some cases, not only the criminal himself, but also his wife and children are subject to punishment.

The death penalty was prescribed almost for all kinds of crimes. She followed a significant part of crimes against religion, morality or established customs; For most crimes against Khan and the state; For some crimes against property; for the third bankruptcy; For concoction - in the case when the thief could not pay a fine.

Punishment through imprisonment and deportation was envisaged for violation of Yausi by members of the Khan. Each officer of the Military Connection was to be degraded, if he did not cope with official duties. Warriors and hunters were punished by causing pain for minor misconduct against military discipline. The murder caught a fine. For theft of the horse, the criminal was repressions, a fine, or even the death penalty.

4. Civil law.

Certificates of civil law of Yaasy Scudna. This may be explained not only by the incomplete existing fragments, but also the fact that such relations were regulated by the generally accepted generic law. However, one important article regarding the inheritance was included in Yasu: "A deceased person who has no heir has nothing to be withdrawn in favor of Han, but his property must be given to a person who cared for him"(Ab-Ul-Faraj, Section 9; Juzzyin, Section 10).

5. Commercial law.

It is known that we paid great attention to trade. The preservation of the security of commercial tract for international trade was one of the important goals of its policies. Therefore, it is natural to assume that Jasa contained any statute regarding trade. However, among the fragments there is only one preserved part of the trade law: "If anyone takes the goods on credit and go bankrupt, then again take the goods again and go bankrupt again, and then again take the goods and go bankrupt, it should be sentenced to death after its third bankruptcy"(Macrisi, Sec. 5).

Most historians-mongated gave tribute to the enormous meaning, which had the release of the Great Yaasi in Kurultai, "to establish in the state of solid law enforcement, as well as the beneficial influence of nomadic tribes and on the development of legislation in subsequent years. The following summary is given by the collection of the laws of Genghis Khan: "Jasak (Yasa) prescribes tolerance in matters of religion, respect to the temples, to spiritual persons and to the elders, as well as mercy to the poor; It establishes strict control over the family and domestic life of Mongol ... "

The impact of this legislation on folk morals is confirmed by the evidence of foreign observers, such as Carpini's plan and Guilloma de Regulation. The first one writes: "The wording between them (by the Mongols) is rarely or never; Wars, quarrel, wounds, human bias between them never happen. There are also no robbers and thieves of important items ... One quite honorabling the other and all of them are quite friendly between themselves ... mutual envy, it seems they have no ... Women have their chaste, and they are not heard about themselves ... "*

The period of action "YaSa" in all Mongolian uluses is exactly unknown. However, to win the complete, but not the final victory over the traditions of "YaSa" managed only to the tragic events of the end of the XIV century., When the principle of the Horde ("People-Army") prevailed over the principle of "People - Union Tribene". Only after the "great jam" was followed by the political breakdown of Ulug Ulus and the ethnic division into the Tatars of Kazan, Crimean, Astrakhan, Siberian, Nogai and Kazakhs. Almost all of them in the XIV century. Returned to the customs of the ancestors and in some cases recovered the republican system - tribal unions, or zhuza.

The preservation of Mongolian law can be noted in some areas that were previously part of the Mongol Empire. In the state of Timur, the right associated with the name of Genghis Khan, the right was more commonly marked by the Staroturgical word "Torah" (converted to the "Tour") than the Mongolian "Yasa".

_______________________________________________________________

* Journey to the eastern countries of De Rubrock and P. Carpini. Almaty, 1993. p.30

About the attitude to the "Yasa" of Genghis Khan in the Timur state in the last Timurides can be visually judged by the following words of Babur. "Before," he writes, "our fathers and rhodiers carefully observed the rulings (Tura) of Genghis Khan. In the congregation, in the sofa, at weddings, for food, sitting or getting up, they did nothing against the tour. The decisions of Genghis Khan is not an immutable prescription (God), which man must follow. No matter how much a good custom leave, this custom should be observed; If the father issued a good law, it must be preserved if he issued a bad law, it must be replaced with good. "

In the eastern regions of Chagatai Ulus, in Mogulistan, the main provisions of YaSa retained their actions in the XV beginning of the XVI century. And Juchis East Cheanet and Kipchak XVI century. - The leaders of the Uzbeks and Uzbek Kazakhs, according to sources, in solving many important affairs, were received by "the establishment of Cenghis Khan". Some articles, mainly criminal nature, transferred to the codified normal right of subsequent centuries, in particular, in the laws of Khan Tauca ("Zhega Zhargy") - a monument to the laws of the Kazakhs of the XVII century.

Thus, "Jasa" dictated in all the desire of Mongols to victories, because in those days only the victory over the enemy was able to save the people from a constant threat and "establish in it (world) the universal state of the world." And the victory war began. The exit of the Mongols in the Arena of the World Military-Political History became a turning point in the history of the entire Eurasian continent. From the moment of the top of Genghis Khan, the individual gods and the Mongolian tribes, uniting, became the people of historical, and his heroes and luggage should still be surprised by the world.

List of references:

1. Ryazanovsky V.A. Great Yasa Genghis Khan. Harbin, 1933.

2. Sultanov T.I. Raised on a white cat. Descendants of Genghis Khan. Almaty, 2001.

3. Vernadsky GV About the composition of the Great Yasa Genghis Khan. Brussels, 1939.

4. Gumilev L.N. Ancient Turks. M., 1967.

5. Travel to the eastern countries. De Rubrock and P. Carpini. Almaty, 1993.

6. Gumilev L. N. in search of a fictional kingdom. St. Petersburg., 1994.

7. Vladimirtsov B.Ya. Public system of Mongols. Mongolian nomadic feudalism. L, 1934.

8. Juzzy. The Tarikh - I - Jahan Gusha of Alaud - Din Ata Malik - I - Juwaini ... Edited by Mirza Muhammad IDN Abdul - Wahhab - I - Qazwini. P. 1-2. LEYDEN - London, 1912-1916. P. 227.

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Jasa (Mong. Their ambigu Huul is the law of the Great Power; Turk. Yasaқ) - The name of Changgishan's deployment, which he, according to legend, published on the Grand Slam Housing Kurultai and which was constantly confirmed by his successors. Neither in the Mongolian script, nor in the full translation of Jasa reached us. We know her reports and exposures of the Persian and Arab historians of the Mongols. Traditionally, it is considered that the most detailed information on the composition of the Genghis-Khan Yaasi is contained in the treatise of the Egyptian writer XV century. Al-macrossi. It was his own information about the composition of the Yaasi all interpreters from P. de Da droa to V. Ya. Ryazanovsky and G. V. Vernadsky.
D. Ayalon expressed the opinion that this information about Yaa is the fiction of the author. He believed that Al-Makrizi sought to define the government of Mamlukov and for this purpose tried to show that they included Mongolian legal norms into their laws. The same point of view was adhered to other researchers: D. Morgan and D. Eagle.
I. De Rahevilts believes that Jasa existed as the oral arch of the prohibitions and the rules in which it was forbidden to make changes. However, Jasa did not constitute a clearly developed legal code, rather it was a compilation of various establishments, rules and taboos established by Genghis Khan with some additions to the Board of the UGDEI. The text of Yasi is not preserved, but many plots are known in the retelling of other medieval sources. Over time, the value of YaSa fell due to the separation of the Mongolian Empire into several independent parts, in which local legal traditions had a decisive role.
Yasoy also dealt with P. Rachnevsky. He believed that in Genghis-Kane, the so-called Jasa was a set of records of various properties and orders of the Khan, expressed in different reasons and during long period time. These sayings cannot be considered a legal document of a systematic nature.

Great Yasa
(Per. G. V. Vernadsky)
By publication: Vernadsky G.V. Mongols and Rus. Tver-Moscow, 1997, pp. 108-130.

Mongolian Word of Jasa (Yasak, Jasak) means "behavior" or "Decree". Until recently, it was common to talk about Great Yasa as a meeting of generally accepted Mongolian legal establishments. This happened, partly, because the articles of YaSa, belonging to criminal law and punishment, attracted more attention of historians than any other part of the Code.

There is no preserved full copy of the Great Yaa, although the Eastern authors of the XIII - XV centuries indicate that such lists existed. According to the historian of Julia (mind. 1283), such a list was kept in the treasury of each descendant of Genghis Khan. Rashid Ad-Dean (1247-1318) mentions the existence of these lists many times. In the Persian treatise on finance attributed to Nazir Ad-Din Tuzy (the mind. 1274) there are many references to Yasu. Macrisi (1364-1442) was informed by his friend Abu-ours about the list existing in the Baghdad Library. Based on the information of Abu-Ours, Maccrizi tried to submit a complete report on the content of YaSa. In fact, he managed to outline only a part of the Code, mainly an article on criminal law and punishment. Rashid Ad-Dean, for his part, quotes many ordnances and statements of Genghis Khan, some of which were, possibly fragments of Yaaa, and others - the so-called "Maxim" (Bilik). For a long time, modern historians dealing with Yasoy based their conclusions mainly on information provided by Macrizi and Rashid Ad-Din. Until recently, insufficient attention was paid to the brief sum of the Yaasi made by Gregory Ab-Ul-Faradgem (Bar Hebraous (1225 / 1226-86) or more advanced jowl retelling. But these two writers have planned the canvas of the most significant division of Yasi concerning state law. Mongols.

From my point of view, Yasa as an integer in no case can be characterized as ordinary legislation. She was a Mongolian Imperial Law Formulated by Genghis Khan; And the Mongols themselves considered it in this light. For them, she was generalized by the wisdom of the founder of the empire; And we know that they believed Genghishana the sound of the sky. The Armenian historian Grigor from Alkanta recorded the story of the appearance of Yaasi on the basis of heard from the Mongols, although it cannot be considered as accurate in detail, it adequately transmits the spirit of Mongolian attitude to Genghis Khan and the cause of his life. According to Grigor, when Mongols "realized their position, very depressed by his unfortunate and poor life, they turned to the help of God, the creator of the sky and the Earth, and concluded a great agreement with him, obeying his commandments. According to the orders of God, an angel was an angel in the form of an eagle with golden feathers and spoke their own speech and a language with a leader, whose name was Changzez (Chingiz) ... Then the angel told them all the commands of God ... who themselves called Yasak. "

Juguini also considers Genghis Khan's Mind Mind as a source of Jasa: "While Almighty (God) allocated Genghis Khan from among his contemporaries in mind and intelligence ... He (Genghis Khan), only relying on the depths of his soul and without a tirior study (historical) Annals, without coordination with (traditions) of ancient times, invented all techniques (public administration). "

As, according to Juzzy, and according to Macrizi, Jasa was a talisman, providing a victory on the battlefield. As indicated by A.N. Pole, Mongols and Turks were attributed to the Great Yasem of the semi-magic power.

Without a complete copy of the Great Yasse, it is impossible to say for sure in what order the articles we possess. Presumably, she began with the preamble, which served as the basis for the one that was used by the successors of Genghis Khan in their correspondence with foreign rulers. She had to contain the mention of the sky and the reference to the Higher Khan of the Mongolian Nation, Genghis Khan. The third offer of the preamble formula "We command", obviously, was supposed to mean their own command of Genghis Khan, since he was the founder of the nation, and the ruling emperor at that time. Then, probably, in order, outlined by Juveli and AB-Ul-Faraj, outlined general principles and articles on international law and the organization of the army and the state.

I. General prescriptions.

"It should be alleged and respecting clean, immaculate, fair, scientists and wise, to whatever people they do not belong to; and condemn evil and unfair people "(Ab-Ul-Faraj, Section 2)

"The first is the following: love each other; secondly, do not commit adultery; do not steal; Do not false witness; Do not betray anyone. Respect the old men and the poor "(Grigor from Alkan).

"He (Genghis Khan) banned them (Mongols) there is anything in the presence of another, not inviting it to divide food; He forbade any person to eat more than his comrades "(Macrizi, Sec. 2)

"Since Genghis did not belong to any religion and did not follow any faith, he avoided fanatism and did not prefer one faith with another or did not excely over others. On the contrary, he supported the prestige of loved ones and respected wise men and herds of any tribe, considering it as an act of love for God "(Juzzy, Section 2).

"He (Genghis Khan) ordered to respect all religions and not to show preferences for any of them" (Macrizi, Section II).

This part of YaSa became the basis of the Mongolian religious tolerance policy.

II. International law.

When you need to write the rebels and send them a representative, do not intimidate them with the strength and great size of your army, but only tell me; "If you voluntarily surrender, then you will find a good appeal and peace, but if you resist - what can we know from our side? Eternal God knows what happens to you "(Ab-Ul-Faraj, Section 1).

It should be noted that, from the point of view of Yaa, each nation refuse to recognize the highest authority of the Great Khan is considered as the rebel. According to Eric Fughelin, this contradicts our ideas about international law, which suggest the existence of sovereign states: "The Mongol Empire is not there ... the state among other states of the world, A Imperium Mundi In Statu Nascendi, and represents the world-empire-in-process " It should be remembered that the letters of the Great Khans of the GUUKA and MUNE to the Governors of the West were true of the above offer of Yausi.

An important principle of Mongolian international legislation was the principle of inviolability of ambassadors. And in each case, when the enemy violated this principle, there was a harsh retribution. There is no, however, the direct expression of such in existing Yaa fragments.

III. Government, army and administration.

A. Emperor and imperial family.

In the preserved fragments of YaSa, only one article considering the imperial title relates to this subject.

"(Mongols) should not give their chains and noble people a lot of allest names or titles, as other nations make, in particular, followers of Islam. And to the name of the one who sits on the throne of the kingdoms, they should add one name, i.e. Khan or Kaan. And his brothers, sisters and relatives should call him the first name given by his birth. "(A6-Ul-Faraj, Sec. 3).

It can be said that the title "Kaan" (Kagan) itself expresses the completeness of the imperial power. At the same time, the emperor remains the oldest in kind, close relative; Hence the personal form of appeal recommended by the native.

From the "Secret History" we know that Genghis Khan published special ordinances to maintain the imperial economy and members of the members of the Imperial Family. Presumably, the basic rules regarding such things were included in Yasu.

B. Mongol nation.

As we have seen, in the preamble of the Khan's letters to foreign rulers, Genghis is referred to as the highest Khan of the Mongolian nation. The stereotype of this preamble was supposed to follow the preamble of Yaasi. Although there is no special article on the authority of the nation in existing Yaa fragments, some instructions could be included in the laws of Yaasi. In Chinese inscription 1338, Mongols are usually referred to as the state native (Kuo-Tsu), i.e. "The ruling nation". It was through the election of a new great Khan after the death of his predecessor, the Mongolian nation under the empire could politically express themselves. Despite the fact that the elected Kurultai did not always work clearly, it is obvious that there was a certain set of rules of their meetings, although the established procedure was not always observed. In every ulus, the empire functioned local Kurultai to choose their khans. Most of our information about these collections of uluses are associated with the ownership of Il-Khanov (Persia); The rules taken here are most likely followed the norms of the Great Kurultayev. It is very likely that this stereotype was included in the laws of the Great Yasa.

V. Army and administration.

1. Statute about hunting. "When the Mongols are not engaged in war, they must be given to hunting. And they must teach their sons how to hunt wild animals to gain experience in the fight against them and gained strength, the energy to make fatigue and be able to meet enemies, as they meet in the struggle of wild and impudent animals, not sparing (themselves) " (Ab-Ul-Faraj, Section 4).

Obviously, the hunt was not only the most popular sports of Mongols, she was considered by Genghis Khan as a state institute and the basis of military training.

2. Army Statute. "Men from twenty years and older are recruited by the fighters. For each decade, an officer must be appointed, and for each hundred, and an officer for every thousand, and an officer for every ten thousand ... No warrior from a thousand, hundred or ten, in which he was enrolled should not leave for another place; If he does this, he will be killed, and will also be with an officer who accepted him "(AB-Ul-Faraj, Sec. 5 and 7).

"He (Genghis Khan) ordered the warriors after returning from a military campaign to perform certain duties in the ruler service" (Macrizi, Section 20).

The creation of the Imperial Guard was one of the most important reforms of the Royal Organization of Genghis Khan. It is very likely that the high position of the guard was recorded as Yasoy, although there is no mention of the existing fragments.

The principle of the decimal organization of the Mongolian army, as well as the significance of the Imperial Guard as the institute, has already been discussed. Deserves attention in this connection and another principle of attachment of each person to the place of his service. The army, especially during the first conquest, was the ridge of the Mongolian administration as a whole. Therefore, the principle of the universal service, which assumed that each person had its own special place with which he was connected and which could not leave, became the basis of not only the Mongolian army, but also the Mongol Empire. We can call it a statute of the associated service, and, as applied from the application of Macrizi, this service has not coordinated only to the execution of military duties. An important aspect of the responsibility of serving the state was that this service was equally distributed among all Chan's subjects.

"There is equality. Each person works as much as the other; No distinction. No attention is paid to wealth or significance "(Juzzy, Section 5).

Not only men, but women should have served. "He (Genghis Khan) ordered women accompanying troops, to do the work and fulfill the duties of men, when the latter was absent, fighting" (Macrizi, Section 19).

The status of a linked service became the basis of the Great Khan's omnipotence, which made such an impression on the monk John de Plano Carpini. However, there were exceptions from the seeming iron rules. The priests of all religions, as well as doctors and scientists, should not have fulfilled the usual service or pay taxes (macrisses, sec. 10). They expected a different return - spiritual or professional. In addition to liberation from the contesions of the entire social category, special privileges could also receive individuals belonging to the number of ordinary citizens. The recipient of such immunity was known in Mongolian as Darhan (in Turkic - Tarkhan; in this form, the term was borrowed in Russian). This institution has received a complete meaningful in the late period (XIV-XV century); It is not mentioned in existing Yaa fragments.

Among other articles of the Great Yaasi, considering administrative law, it is possible to mention the following: an institution of postal and equestrian stations (AB-Ul-Faraj, Section 8; Juzzyini, Section 9; Macrizi, section 25); fees and taxes (ab-Ul-Faraj, Sec. b; juzzy, section 9); The duty of the Mongols to represent its daughters (presumably also prisoners they owned) for beauty contests, where the most beautiful ("Lunolic girls", according to the characteristic of Juvelin), were elected as wives and mistresses of Khan and the princes of Hannai blood (Juzzyin, Section 7 ; Macrizi, Section 21).

3. Criminal legislation. Version Yaa Al-Macrisi gives a solid set of evidence regarding Mongolian criminal law. Some scattered fragments from other sources can be added to this.

Criminal legislation of Yasi, the main goal of maintaining peace and order in the state and society. His general moral prescription, in Grigor Alkans, ended with the following sanction: "If the violator of this is found among them, the criminals are subject to death." So, although the final goal seemed to be in a broad sense of humane, the law was approved with adamant cruelty.

In general, Jasa recognized as crimes to be punished, the following groups of offenses: against religion, morality and established customs; against Khan and the state; And against the life and interests of a separate personality.

The main purpose of punishment, in the understanding of Yasi, was the physical destruction of the criminal. Therefore, the death penalty plays an important role in this Code. Jasa recognizes the temporary isolation of the criminal through imprisonment, deportation, offset from office, as well as intimidation through the causation of pain or imposition of a fine. In some cases, not only the criminal himself, but also his wife and children are subject to punishment.

The death penalty was prescribed almost for all kinds of crimes. She followed a significant part of crimes against religion, morality or established customs; For most crimes against Khan and the state; For some crimes against property; for the third bankruptcy; For concoction - in the case when the thief could not pay a fine.

Punishment through imprisonment and deportation was envisaged for violation of Yausi by members of the Khan. Each officer of the Military Connection was to be degraded, if he did not cope with official duties. Warriors and hunters were punished by causing pain for minor misconduct against military discipline. The murder caught a fine. For theft of the horse, the criminal was repressions, a fine, or even the death penalty.

4. Civil law. Certificates of civil law of Yaasy Scudna. This may be explained not only by the incomplete existing fragments, but also the fact that such relations were regulated by the generally accepted generic law. However, one important article regarding the inheritance was included in Yasu: "A deceased person who does not have a heir is not overwhelmed in favor of Khan, but his property must be given to a person who cared for him" (Ab-Ul-Faraj, Section 9; Jowyney, Sec. 10).

5. Commercial law. It is known that Genghis Khan paid great attention to trade. The preservation of the security of commercial tract for international trade was one of the important goals of its policies. Therefore, it is natural to assume that Jasa contained any statute regarding trade. However, among the fragments there is only one preserved part of the trade legislation: "If anyone takes the goods on credit) and go bankrupt, then again take the goods again and go bankrupt again, and then again take the goods and go bankrupt, then it should be sentenced to death after it Third Bankruptcy "(Macrizi, Section 5).

Erenzhen Hara-Davan (1883-1942)
"Genghis Khan as a commander and his legacy"
Appendix to Chapter VI

Great Yasa
I. Bikil

1. Genghis Han ordered: children did not listen to the moral thoughts of the fathers, the younger brothers did not pay attention to the words of the elders; The husband did not have confidence in his wife, and the wife did not follow the command of her husband, the mother-in-law watched the daughter-in-law, and the daughter-in-law did not respect the mother-in-law, the larger did not be brought up with small, and small did not observe the instructions of the elders; Velmes stood close to the heart of the ministers, and did not lead to the power of people outdoor, people rich saw good, but did not make powerful governments and did not give strengthening; Yusun, language and the path of mind and contentment was not known.

For the reason there were opposition, thieves, liars, perturbers and robbers. In such people in their own home, the Sun was not, i.e. they are robbed; Horses and herds did not have rest; The horses who went to the forefront did not have rest, until those horses were inevitably died, froined, rotted and destroyed. Such was this tribe without order, without travelers [+196].

When the happiness of Genghis Khan was, they came under his order and he managed them through firmly fortified law [+197]. Those who were smart and well done made by Beks (chiefs) forces; those that were agile and the decks, giving them to their accessories, made herds; Stupid, giving them a small whip, sent to shepherds. For this reason, his case (Genghis Khan), as if a young month, increases from day to day; From the sky, the power of the Most High God, the victorious assistance is descended, and on Earth, he was a prosperity on earth; Summer nomads have become a place for linguing and piring, and winter nomads had pleasant and appropriate. When I gained the goodness of the Great God and found these thoughts by myself, then for this reason calm, jersey and sawing reached and until now. After that, to five hundred years, up to a thousand, ten thousand years, if the descendants that cause and deal with my place will preserve and will not change such Yusun and the Law of Genghis-Khan, which is suitable from the people to everything, then the help of prosperity will come from the sky, Continuously they will be in fun and sawing; The Lord of the World (Universe) will send them prosperity; People will pray for them, they will be durable and will enjoy the benefits. This is followed by the following sayings:

1. From Quality, the rigidity of the strength of the state.

2. If children have many sovereigns that are after this (it), Velmazb, heroes and becks, which are not firmly observed the law, then the state of the state will shock and interrupt. Again will be happy to look for a Genghis-Khan and will not find.

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5. Anyone who can clean in at home can cleanse possession from thieves.

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7. Any word in which three well-known (smart) agreed can be said everywhere; Otherwise, it is impossible to rely on it.

Compare the word your own and the word of others with the words of the knowledgeable words: if it is in consography, then we can say, otherwise it should not speak.

8. Everyone going to the eldest should not say a word until he older asks; Then according to the question, accordingly, accordingly respond. If he tells the word before - well, if he hears; Otherwise, he whites cold iron.

9. Any horse, running well and in a bold body, and if she will also run in the half, such a horse can be called good.

But it is impossible to call a good horse that runs well only in one of these provisions.

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12. Every word that was told, I think that it is strong if it is serious, and if you are joking - you can not fulfill.

13. How does a person know himself, let him learn and others.

14. A man is not the sun to be in all places to people; The wife should, when the husband goes to hunting or war, keep the house in wellup and order, so if the messenger or guest comes into the house, it will see everything in order, and she will prepare a good dish, and the guest will not need anything, certainly will deliver Husband is a good reputation and raise his name in meetings, like a mountain that reproaches the top. Good husbands are recognized on good wives. If the wife is bad and Bestovkova, without reason and order, the bad qualities of her husband are visible from it. Semi-edged to this: everything is like a host in the house.

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16. We go hunting and kill a lot of mountain bulls; We go to war and kill many enemies. When the Most High God gives the way and so facilitates the case, they forget and change.

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19. After us, our genus will be caught by shtled clothes, there are fat and sweet tears, ride on dawn horses, hug advent of women, and they will not say: (All this) gathered our fathers and older brothers, and they will forget us and that great day, (when it was).

20. A person drinking wine and vodka, when hesides, can not see anything and becomes blind. When his name is, he does not hear and becomes him; When they say with him, he cannot respond. When drunk becomes, then it happens like a person who is in the deceased position: if it wants to sit right - can't; And it will be like a person who caused a wound in the head remains insensitive and stunned. In wine and vodka there is no benefit for mind and art, there are also good qualities and morals; They have to ill, murder and straighten; They deprive the man of things that he has, and the arts who know, and the path and things are becoming shaped, so he loses the definite path. Sovereign, greedy to guilt and vodka, can not make great cases, thoughts and great institutions. Beck, greedy to guilt and vodka, can not keep in order of business thousands, hundreds and ten. A simple warrior who will be grained in wine drinking, this person is exposed to a very large collision, i.e. He will comprehend the great trouble. The person is simple, i.e. From mobile, if it is grown to drink wine, horses, herd and all of their property will be lost and will become a beggar. The servant greedy to drink wine will spend life continuously in embarrassment and suffering. These, wine and vodka do not look at the face and the heart of intoxicated, intoxicate and good and bad and do not say: fool or good. The hand make weak, so she refuses to take from his craft; The leg makes a non-solid, so it refuses movement and tale, the heart and brain make weak, so they cannot reflect sensitly: all the feelings and gods are made unsuitable. If there is no means from drinking, it should be drunk in a month three times: if it goes for three - misconduct; if a month twice drunk, it's better, and if once - even more commended, and if it does not drink, then what could be better than that? But where will such a person find, who would not get drunk? If they find, he is worthy of any respect.

21. Genghis Khan during when a hiking in the field of Chinese and went to Altan-Khan, in the way it was determined by him, he was on top of the hill, unleashed the belt, put on the neck, unleashed racing rates, fell on Knees and said: "About the ancient Lord! You know and you know that before Altan-Khan made troubled and started hostility. He killed an innocent Ukin-Barghaha and Ambagai-Khan, who grabbed Tatar tribes and sent to him, and these were the eldest brothers of the Father and My grandfather. I am looking for their retribution and vengeance. If you know that this is the intention of my right, we have given more to help me strength and victoriousness and led me to help over the angels, people, peri and divas and rendered me alex. "

That he, praying, said appeal with an exemplary humility. After he went and moved. Due to the purity and right intention, he won the Altan Khan, who was such a powerful and great sovereign, who had no end to numerous army, an extensive state and solid fortresses. He took possession of all of its areas and his children.

22. Once, Genghis Han stopped on a hill, called Altai, and, throwing a look on the sides and surroundings and seeing hordes and servants, said: My arrows and warriors are black like numerous forests; Wife, daughter-in-law and girls are aleut like a red-colored flame.

The care and my intention is to settle their mouth with the suggestion of sweet sugar, decorate before, back and shoulders with their bright clothes, plant them on good merinms, to drink them from clean and delicious rivers, seduce their four-legged and abundant grass of the place, order remove from large roads and paths that serve as in the way for people, litter, bitch and all harmful; And not allow to grow in yurt lumps and thorns.

23. If someone from our kind, contrast, contrary to the approved law, once, let it be assimilated by the word; If it makes two times, let them act on it eloquent; For the third time, let him send him to the remote place (link) Baldzhiyun-Hultjur. When he goes there and returns - it will be attentive. If he is not formed, let him rise in the shackles and prison. If it comes out from there with a dopher and formed - very good; Otherwise, let all relatives gather, make a general meeting and put it, what to do with it.

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26. When he sent the Muhali Go-Vana with the army in Nanjaisa (China) and he, taking 72 fortresses of that country, sent a resolution to the ministry to Genghis Hanu with the notice of his conquests and asked whether the permission would be returned or not, then followed The commandment of the label so as not to stop until it takes other fortresses. Upon returning the ambassador Mukhali GO Van asked: "When did you come to the ministry to Genghis Khan and reported, what did he do?" He said: "He squeezed the big finger." Mughal Gu-Wan asked: "I also put a finger?" Answer: "Put". Mukhaly said: "Therefore, I am not in vain before the death of serve and I render perfect effort and diligence." I also asked: "Other who put a finger?" Put a finger sign in merit. The ambassador replied: "He put his finger: Burgi, Burgulu, Kubilai, Glorogne, Kharajaru, Jadu, Badaj and Kisheku, all of them, and (Genghis Khan) said: they all behind and ahead of me served artificially and benefits, well let down arrows , I was kept about the clockwork horses, animals of birds on hand and hunting dogs in the torchas. "

27. Once a Bala-Helza, a former from the venerable Becks, asked him (Genghis-Khan): "You are called Mr. Power and Bogatury: What can be seen on your hand from the signs of conquest and victory?" Genghis Han Sedlagoville Answer: "First, etc." [+198].

28. Once I was driven with Boorch. Twelve people at the top of the mountain range were sitting in ambush. Borochu was driving from behind. I did not wait for him and, hoping my power and the power, rushed into the attack on them. All of them twelve suddenly let the arrows, and from all sides they flew arrows from all my sides, and I went to the attack, how suddenly one arrow fell into my mouth. I fell and from a strong wound fell into infamousism. At that time, Boorch arrived and saw me that I was from the wound, like a person in agony, having jogging on the ground and ride like a ball. He immediately heated the water and brought. I mooded my throat and spinning blood baked. The left soul came to the body again: feelings and movements showed. I got up and rushed into an attack. They frightened my fortress, rushed from that mountain down and gave the soul. The reason for Tarkhanism [+199] Borochu-Neuon is the one that at such time he had a praise effort.

29. Genghis Han during his youth in one early morning got up from sleep. Several dark hair in the curls turned it. The collection of approximal asked: "Oh Sovereign! Your youthful age is happy, you have not reached old age. How was the seed in your curls? " He said in response: "Since the Most Highs, the Lord raised to make me the eldest and leading darkness and thousands and hoisting through me the banner of prosperity, then I revealed an old age sign on me, which is a sign of seniority."

30. Once, Genghis-Khan asked Borochu-Neuon, who was the head of Beckov: "Delight and person's vacation in what is?" Borochu said: "It is that a person, taking his own Sinoli Sinolon, who was fed on Kerkes and in winter, changed feathers, and sowing on a good Merine fathed, hunt early in spring for biologized birds and dress in good dresses and clothes." Genghis Khan said to Burgula: "You will tell you the same."

Burgul said: "The pleasure is that the animals like the scores flew over the cranes until they will overtake them from the air of the wounds of claws and do not take them."

After that, asked Kubila's children, they replied: "The bliss of a person is in the hunt and in the ability to force (at will) fly birds." Then Genghis Khan replied: "You (all) were not good. The enjoyment and bliss of a person is to suppress the outrageous and defeat the enemy, snatch it out of the root, take what he has (the most expensive), to make them call them, make the tears of tears and their nose, sit on their nice walking Fat Merine, admire the pink cheeks of their wives and kiss, and sweet scarlet lips - suck. "

II. Yasa

Recessed to us fragments of Yasi says the following [+201]:

1. The adulterer possesses death without any difference whether he will be married or not.

2. Whoever is having to Sodomy, he is also punished with death.

3. Who lies with the intention or wicked, or who looks at the behavior of the other, or takes place between two arguing and helps one against the other, also aroused death.

4. The one who grows into the water or ashes, also aroused death [+202].

5. Who will take the goods and go bankrupt, then again take the goods and go bankrupt again, then take the goods again and go bankrupt again, to bring death after the third time.

6. Who will give food or clothing to be broken without permission of the Polonov, he betrayed death.

7. Who will find a running slave or who fled the captive and will not return it to the one who he was in his hands, exposed to death.

8. When they want to eat an animal, it should bind him legs, upright belly and squeeze the heart, while the animal dies, and then you can eat meat; But if someone will dance the animal, as the Muslims cut, to be slaughtered. [+203]

< …>

10. He (Genghis-Khan) ruled that for the descendants of Ali-Bek Abu-Talenda, all to one, were not superimposed by grants and taxes, as well as any of the Fakirov, Al-Krana, legislative women, who devoted themselves to prayer and hermitting, Muzhinov and the washing bodies of the dead were not imposed by Podachi and taxes.

11. He decided to respect all confessions, without giving preferences to no one. All this he prescribed as a means to be pleasing to God.

12. He forbade his people to eat from the hands of another, as long as representing at first does not taste himself from the proposed, at least he was Prince (Emir), and receiving - the captive; He forbade them to eat whatever in the presence of another, without inviting him to take part in a meal; He forbade satisfied with one more comrades and walk through the fire of refectory and through the dish, on which [+204] eaten.

13. If anyone drives near people when they eat, he must come off from the horse, there are with them without their permission, and none of them should prohibit it [+205].

14. He forbade them to lower his hand into the water and ordered to use anything from the dishes for water.

15. He forbade wash their dress in continuation of wearing until it was not at all [+206].

16. He forbade talking about some subject that he is unclean; It claimed that all things were chicted, and did not make distinction between clean and unclean.

17. He forbade them to prefer any of the sects, pronounce words by using honorary names, and when accessing Sultan or to whom the other should use his name.

< …>

19. He was prescribed that women, concomitant troops, performed the works and duties of men while the latter left the battle.

< …>

21. He prescribed to them to represent at the beginning of each year of all his daughters of Sultan (Khan) so that he chose for himself for his children.

< …>

23. He looked at the oldest of Emirov when he sticks out and the sovereign will send to him the last of the ministers to punish him, gave himself into the hands of the latter and spread before him until he fulfill the punishment prescribed by the sovereign, at least it was deprived of his belly.

< …>

25. He prescribed Sultan the institution of permanent mail in order to know soon about all events in the state.

26. He prescribed to observe the execution of Yausi to his son of his Chagatayu Beck Genghis Khan.

According to Mircenend (or Mirchonda)
< …>

28. From the murder (execution for a crime), you can pay off a fanta, paying for Muslim, forty gold coins (Barysh), and for the Chinese were calculated by one oxle.

IBN-BATTUT

29. The one who has a stolen horse is obliged to return it to the owner with an increase of ten of the same horses; If he is not able to pay this fine, then instead of horses, he has children, and when there were no children, then to put the most like a ram.

In Vardapetu

30. Genghisov Jasa prohibits a lie, theft, adultery, prescribes to love the nearby, like himself, not to hurt and forget them completely, sparing countries and cities, conquering voluntarily, free from all tax and respect the temples dedicated to God, as well as servants his.

In Makagia.

31. (Yasa prescribes): Love each other, do not commit adultery, do not steal, not false witness, not to be a traitor, read the senior and beggars, for violation - the death penalty.

From different sources

32. Genghisov Jasa prescribes: a person who has become food, to drag behind the bid and immediately kill, equally to betray the deaths who stepped on the foot on the ravine rate threshold [+207].

33. If there are no money from drinking, it should be drunk in a month three times; If it goes three times - to blame; If you get drunk twice a month - it is better; If once - even more commended, and if it does not drink at all, then what could be better than this? But where to find such a means, and if they find, it is worthy of any respect.

34. Children who are fitted with concubines are considered legal and obtained by the order of the Father the corresponding share of inheritance. The property section is based on this position that the eldest gets more younger; Little son inherits Father's farm. The seniority of children is considered by respectively the degrees of their mother, one of the wives alone is always eldest mainly by marriage time.

35. On the death of his father, the son disposes the fate of his wives, with the exception of his mother, can marry them or marry them for another.

36. Strumbering is not allowed to enjoy any of the things of the deceased, with the exception of legitimate heirs [+208].

Lami [+209]

< …>

38. (On the release of the spiritual persons of all confessions from the contesions.)

39. It is forbidden to proclaim the emperor under the fear of death, if he was not previously elected princes, khana, nobles and other Mongolian noble people on the general advice.

40. It is forbidden to the heads of peoples and tribes subordinate to Mongols, to wear honorable titles.

41. It is forbidden to conclude peace with the monarch, prince or the people, until they expressed complete submission.

46. \u200b\u200b(On compliance with some rules when babies animals in food.)

47. (On the permission to eat blood and inside of animals.)

48. (List of advantages in service and benefits Chiefs and Empire Officers.)

< …>

50. (Different punishments put on theft: from the death penalty to corporal punishment - from 7 to 700 shots.)

51. None of the subjects of the empire has the right to have a Mongol servant or a slave. Each man, with rare exceptions, is obliged to service in the army.

52. (On the ban under the fear of death to hide runaway slaves, feed them, etc.)

53. Marriage law prescribes that a man must redeem his wife and that marriages in the first and second degree of kinship are not allowed. The man is granted to marry two sisters or have several concubines. (Then follows the responsibilities of his wife at home and the farm.) Men are allowed to engage in only war and hunting. (Next - about the rights of offspring from different women.)

54. Adultery is punished with death. Guilty in such can be killed at the crime scene.

55. (On the resolution of parents to conclude the marriage conditions between the juvenile children, etc.)

56 [+210]. It is not allowed to swim or wash clothes in running water during a thunderstorm.

57. Spies, false witnesses, all people subject to shameful vices and sorcerers are sentenced to death.

< …>

When Genghis Han established the basic rules and punishment to them and everything passed in writing in the book, he narches al-macriszi, he gave the name of Jasa or Yasaka. Macrisi further reports: "When the editorial office was finished, he (Genghis Khan) ordered these laws to cut on steel boards and made them a code for his nation ..."

F. F. Mukhametov
Mongolian "Yasa" and its role
In the system of public relations of the Empire of Genghis Khan.

Education EKE Mongol Ulusa1 at the beginning of the XIII century. caused the need to generate general legal norms and legislative deposits to manage the state. Their basis with some changes and codifications amounted to the norms of law normative in society. The Code of Laws and Institutions was called "Great Yasa2", or simply "Yasa" Genghis Khan.

For the Mongolian tribes of Genghisov Ulus "Yaa", it was published, as believed on Great Kurultai in 1206, simultaneously with the proclamation of Techurus Chingijan of the whole Great Steppe. After that, "Yaa" was complemented and expanded: in 1218, before the war with Khorezmian Sultanat and in 1225, before the conquest of the Tangutsky Kingdom 3. It was not necessary without resisting new legal norms by the vaults of antiquity, for which personal freedom and irresponsibility were more expensive state order4. As a result, a new law of the Mongolian emperor - "Great Yasa" Genghis Khan5 appeared.

In the Mongolian chronicle "Chindamanin Erich" says: "According to the expulsion of Althanhan Chinese and subordination of his power most of the Chinese, Tibetans and Mongols, Chinggis Khan, who owns great enlightenment, thought so: the laws and decisions of the Chinese solid, thin and non-replacement. And with this thought, inviting him from the country of the Great Teacher's people and 18 of his smart disciples, Genghis Khan instructed them to compile laws (Yoson), from which calm and prosperity emanated for all his subjects, and especially the book of laws (Huhalosoni Bikil) Board him. When, after compiling, these laws were viewed by Genghis Khan, he found them appropriate to his thoughts and compilers awarded titles and praise "6.

"Yaa" was not preserved in the original and is known only in abbreviated presentation in Juzzy, Rashid Ad-Dina, Vassaf, Ibn Battuta, Abul Faradja, Macrizi, and others. About "Yasa" Genghis Khan exists a huge literature written in many languages \u200b\u200bof the world . According to Jugueni, Jaasa, Genghis Khan was written by the Uygur letter on the scrolls (Tumur) and was called the "Great Book Yaasi" (Jasa-Name-Yi-Buzurg). These scrolls were kept in the most authoritative Tsarevichi - "Jasa" experts; Upon joining New Khan to the throne, sending troops, the meeting of Tsarevichi, these scrolls brought these scrolls, and decisions were made on their basis.

In Mongolian "YaAs", not unconditional subordination of power based on force was recorded, and the urgent need to gain power for self-defense, if necessary, even sacrificing the usual independence and personal freedom. The special behavioral mood of the Mongols, their energy, enterprise, the ability to self-sacrifice were fixed in Yasa. Therefore, "Mongols really looked at her as a gospel or quran" 8. In addition, "Yaa" becomes the main political dominant steppe super ethnos in the fight against the Catholic and Muslim worlds before the adoption of Islam on the territory of Ulug Ulus ("Golden Horde") 9.

Compliance with the decrees of Genghis Khan was necessarily not only for all residents of the Empire, but also for the Khans themselves. Like any legislation of Yasa, of course, was disturbed by both the inhabitants of the Empire and the ChingiSides themselves. This is partly due to the fact that the "Yasa" of Genghis Khan regulated only the norms of nomadic life. Therefore, in most countries conquered by the Mongols, in particular, in Central Asia and Iran, where there was their legal tradition, to subordinate the population to a new right was extremely difficult. The legal system of the Mongols, developed on the basis of the right of nomads and mainly for nomads, in other conditions, turned out to be extremely uncomfortable: many parties of social and consumer and public life remained not regulated by "Yasoy", and its individual provisions entered into a contradiction with religious Muslim law and customs local population. In this soil there were collisions between the "YaSa" and the local population, which is usually tragedy for the latter.

Here's how the Jugis Khagwayn is described by Juggis, one of the main workers "YaSa" Genghis Khan: "His surroundings and subordinates he constrained" YaSa "and reprisis against her violation, which in his rule, who would not pass through his troops nearby, did not need In what an avant-garde, nor in the convoy and, as hyperbolically, they say, if any woman put a tray of gold on his head and went lonely, she would not be afraid of anything. He published small decisions that were unbearable for the Muslim people, it seems that the cattle does not cut the meat, so that the day is not included in the flow water, etc. It was sent to all areas of the decision so as not to cut the rams, and in Khorasan a long time no one openly cut sheep: he coated Muslims to eat Padalu "10.

"Jasa" Genghis Khan, who erected every misconduct, even a simple human negligence or negligence into the rank of crime and provided for a strict punishment, right up to the death penalty, is recognized as "extremely strict" by the official historian of the Mongolian Empire Rashid hell-Din. "As Russians acquainted with Mongolian criminal law, they became ready to accept some principles of Mongolian law," says G. V. Vernadsky. Even Vladimir-Budanov, who, in general, understated Mongol influence on Russia, admits that the death penalty (unknown by the Russian truth of Kievan Rus), and corporal punishments (used only to slaves in Kievan Rus) were included in the right of Muscovy under the influence of the Mongols " . V. A. Ryazanovsky also noted that in the sphere of Russian criminal law the result of the Mongol influence was "the introduction of the death penalty, the punishment of the whip, torture - which was not in Russian truth and was almost not in the Pskov vessel diploma." 12

Easually compliance with "YaSa" demanded from the highest layers of the Mongolian society, above all, the chingisids. Comprehensive attention was also paid by Genghis Khan himself: "If someone from our uriga will break through Jasu, which is approved, let him mention. If he breaks it twice, let him punish it according to Bilik, and for the third time, let him be filled with the far terrain of Baldzhin-Kuljur. After he gets there and returns back, it will make it. If he did not fix it, then the shackles and dungeon will define him. If he comes out from there, hearing Adab (norms of behavior. - F. M.), and will be reasonable, the better, otherwise, let all close and long-distance rhodiers gather, learn advice and will deal with it. "13.

However, there were exceptions to the rules. Military aristocracy, which Genghis Khan himself and his successors gave titles and rewards, had also special privileges for their merits to the state truck and the state. Such people were called Tarkhans. According to Julia, the privileges of Tarkhanov were as follows: they were exempt from all sorts; All the extraction, captured by them in the war or on the hunt, was their full property; At any time they could enter the palace without any permission; They were brought to justice only for the ninth crime committed by them (however, only those crimes that attacked the death penalty) were reflected; During Pir, Tarkhans occupied honorary places and received vina14 charm.

In "YaSa" there is a strict cozenality in administrative political attitudes. Therefore, apparently, the Russian autocracy did not have an analogue in the West, and it was so close and clear for steppe zone Eurasia. In Vassal Details, including in Russia, the Mongols retained the previous board. At the same time, leaving the old dynasty at the head of the local administration, the Mongols simultaneously introduced to control the activities of local vassal rulers of the governors - Baskakov15. They survived the execution on the ground and the connection with the metropolis, for which they were giving the army16.

Together with new laws, it was necessary to determine the name of the people whose core was committed to the faithful supporters of Genghis Khan - "Mongols". It was officially fixed for the newly formed people-army. At the same time, the new Mongolian army rose from 13 thousand volunteers to 110 thousand regular army17. It was replenished due to the inclusion in the Horde of the defeated peoples - Kerimites and Nimanov. At the same time, being in the army of the winner, they never showed the disloyalty to the new Khan. This means that acceptable conditions of existence were created for them, and in the situation, when there were ten recruits on each Mongolian veteran - former prisoners of war, accustomed to rebel even against their tribal khans. But Genghis Khan "sent a wemeless state to the path of truth and introduced nations to the uniform brars of their" 18. In this army, the force was on the side of the defeated, but they quickly became loyal. It seems that the steppe tradition of centralized strong power has played a decisive role, able to withstand settlement neighbors: Zhurchzheny, Tangutam and Muslims. Changes the nickname "Tzubu" 19 for the proud name "Mongol", they did not lose anything, and those who did not want to live in the United States went to the West and continued the war. These were Merkites and part of Nimanov.

Kurultay became the highest authority, and only he had the right to entrust the management functions to a certain person, referred to as Khan. Uniquely interprets the mission of Khan N. M. Karamzin: "This fatground, brought up by the mother in the simplicity of the life of the pastoral, was to surprise the world heroism and happiness, to conquer millions of people and crush the states famous for strong military, blooming arts, sciences and wisdom of their ancient laws" 20 .

IN political life Mongolian society faith did not play a decisive role. There was a genuine junction of various confessions: the kersites were Native Natives, nimanas - Nestorians and Buddhists, Tatars and Zhurzheny - Shamanists, Tanguts professed "Red" Buddhism, Uigur - Buddhism of Fastry and Nestoricism, "Forest Peoples" Siberia had their own clans, Mongols themselves were Tengrians . The generic principle in the new state was violated consciously at the time of its creation. Commanders received awards according to merit, and not on the right of birth. Warriors were obliged to serve from 14 to 17 years. For the observation of the order, in addition to the hundredsmatic army, a ten-thousand guards was created, entitled to the guard of the Khan Yurt 21.

In such a militant and transmission society, it was necessary to maintain strict order, for which the real force was required. To this end, Genghis Khan created from his own protection The Mongolian apparatus of coercion, which submitted only to him and was put up above the army team composition: the ordinary guardian was considered in rank above the thousandths, which only 95 Noyon22 were appointed. As a result, a military elite was created from supporters of the Novomongol Party, which cannot be called neither aristocracy, nor the oligarchy, nor democracy, because it was the Horde of the "Ancient Turkic Kaganate" 23, but born to the whole Great steppe and absorbed tribes. Unlike Western European monarchies and oriental despoty, the authorities were not transmitted here on acquaintances and inheritance, and Mongolian Khan chose, who was a guarantee of law and stability in Mongolian society.

Notes

1. The great Mongolian state created by Genghis Khan in 1211 was created.
2. Full form "Yasak", Mongolian - Dzasak, Yosun. Means "Resolution", "Law". (See: Sultanov T. I. Raised on a white cat. Descendants of Genghis Khan. Almaty. 2001, p. 29).
3. Vernadsky G. V. About the composition of the Great Jasa Genghis Khan. Brussels. 1939, p. 6, 7; Gumilev L. N. Ancient Rus and the Great Steppe. M. 1992, p. 302.
4. Mukhametov F. F. Stars in the steppe sky. Troitsk. 1998, p. 42.
5. Vernadsky. B. History of Russia. Mongols and Rus. Per. from English E. P. Berenstein, B. L. Grubman, O. V. Stroganova. Tver. 1997, p. 38.
6. Hara-Daison E. Changis Khan as a commander and his heritage. In the book: Arabesque history. Desert Tartari. Vol. 2. M. 1995, p. 89, 90.
7. Mukhametov F. F. Management. cit., s. 94, 95.
8. Goluban E. Shield or Sword? - Motherland. 1997. N 3 - 4, p. 79.
9. Mukhametov F. F. Management. cit., s. 95.
10. The Tarikh - 1 - Jahan - Gusha of Alaud - Din Ata Malik - I Juwaini ... Edited by Mirza Muhammad IDN Abdul - Wahhab - I - Qazwini. P. 1 - 2. LEYDEN - London. 1912 - 1916, from 227.

11. Vernadsky G. V. History of Russia ..., p. 98.
12. Ryazanovsky V. A. On the issue of the influence of Mongolian culture and Mongolian law to Russian culture and law. - Questions of history. 1993. N7, p. 158.
13. Rashid Ad-Dean. Sat chronicle. In 3 tons; L., 1946 - 1960. T. 1. KN. 2, p. 263, 264.
14. The Tarikh - I - Jahan - Gusha of Alaud - Din Ata Malik - I Juwaini ..., from 27.
15. Hara-Daison E. UK. cit., s. 224.
16. Mukhametov F. F. Russia in the XIII-XIV century: Formation of traditions of statehood. In Sat Materials of the 2nd Issue. Scientific conf. "The problem of the West-East and the historical destinies of Russia." Chelyabinsk. 1997, p. 65; Mukhametov F. F. Stars on the steppe sky, p. 95.
17. Kozin S. A. Failed legend. M.; L. 1941, p. 202 - 233; Gumilev L. N. in search of a fictional kingdom. Spb. 1994, p. 147.
18. Kozin S. A. Management. cit., s. 224; Gumilev L. N. In search of a fictional kingdom, with. 147.
19. Nickname, meaning the shepherds-nomads. (See: Gumilev L. N. In search of a fictional kingdom, p. 55).
20. Karamzin N. M. The history of the Russian state. In 4 kN. M. 2000. KN. 1, p. 455.
21. Kozin S. A. Management. cit., s. 224.
22. Ibid, p. 202, 228.
23. Gumilev L. N. Ancient Turks. M. 1967, p. 60; Vladimirtsov B. Ya. Public system of Mongols. L. 1934, p. 102.

(Visited: in general 16 028 times, today 3 times)

Plan.

· The history of the emergence of "YaSa".

· Influence of "YaSa" on the right of the state of Genghis Khan:

A. International Law

B. State and administrative law.

1. Supreme Power (Khan)

3. Fortress Charter.

4. Tarhnaya privileges (immunity)

5. Military charter.

6. Hunting charter (Charter on fishing).

7. Management and administrative orders.

8. Applicant Charter.

B. Criminal law.

G. Private Law.

D. Trade law.

E. court law.

J. Strengthening laws.

· Final analysis.

· Bibliography.

The history of the emergence of "YaSa"

Mongolotar, or, as they said in the Christian world, Tatars, were perceived by the centuries as "sacchada" and the enemies of civilization, and their leader and the Lord of Gengizhan for many generations and Europeans, and Asians were the personification of the blind destructive power, the scourge of God, the second Attil .

But at the end of the XX century, fashionable various "contests" were on the title of "man last millennium". And suddenly it turned out that one of the most popular candidates for this role is the very Beach of God. "Washington Post" wrote that no one did turning the world into a modern "global village" as much as this illiterate nomad. So what was the Mongolian Empire and who was Gengizhan, who created her exactly 800 years ago?

In the XII century In the territory of Mongolia, there was no single state, the basis of the Mongolian society was a tribal relationship. The social unit was a family, several families amounted to Aymans (childbirth), several gods united in Hoton (Aul), several Aulov were the Horde (tribe), and nations were formed from the tribes - uluses. They conducted a semi-seated lifestyle.

At the end of the XII century. Among the Mongolian tribes towers under the Yes, whose son Techucin began to fight for the association. In the process of this struggle, a military-feudal system of the nomadic empire Techuchin was formed. It was created on the division of all Mongolian tribes at the Military District - "Thousands". The army was more than 200 thousand people and was predicted Techotchin.

In 1206 A Kurultay took place on which Temucin proclaimed himself by the ruler and accepted the title of Dengiz-Khan (Genghizhan), which meant the "Ocean Ruler". At Kurultai, the Court of Laws "Yaa" was adopted, which determined the various types of legal relations to the Mongolian state.

As historian Mikhail Geller, Mikhail Geller, was successfully expressed: "The nomadic state is a march army."

"Yasa" covered all parties to the life of the Empire. Writing on the basis of the Uygur alphabet, borrowed by the Mongols at the Teling of Genghishans from defeated Nimanov, made it possible to record this initial interpretation of the rules. The heirs of Khan believed in the magical power of Yausi and hid the "sacred book" from any foreigners, conquered or for the pores of free. It was believed that she brings victory in the battle. The full text to us, unfortunately, did not reach, but the mention of many provisions of Yausi in the writings of ancient historians makes it possible to understand its essence.

In the declares that he died in the district countries, calling them to obedience, he did not resort to intimidation and did not strengthen threats, although the rule for the rulers was threatened by a variety of land and power and preparations. On the contrary, in the form of an extreme warning, he wrote the only thing that if (enemies) would not humble and do not obey, then "we can know. Ancient God Ensures. "In sees, plows to mind thinking about the word of those that rely on God: the Lord of the Most High: who will rely on God, then he will take it, and it will not be attended that they are in their heart and what they have been asked - all Found and all reached.

The cast of Genghis Khan did not obey any faith and did not follow any confession, he shied away from theracy and from the preference of one religion another, and from the excellence of one over others. On the contrary, he read scholars and hermitchings, he read, loved and honored, considering them by the intermediaries before the Lord God, and how he looked at Muslims with respect, so Christians and idolaters were pretty. Children and grandchildren of his several people, chose themselves one of the faith in their way: Some left Islam (on their own), others went for the Christian community, some elected honoring idols, and some more observed the ancient rule of grandfathers and fathers and anyone The side did not bow down, but there are few things left. Although they take (different) faith, but they are removed from therability, and they do not shy away from the Genghishane YaSa, which makes all the sifts for one count and the differences between them do not do.

And they also have a commendable custom that they closed the doors of sinopping, praise by titles and (proceeded) the extremes of self-relief and inaccessibility, koi in the plant from the lucky fate and in the customs of the kings. Whoever will send to the Khan throne, one name is added by Khan or Kaan, and only. More than this is not written, and his sons and brothers are called by the name that they are inflicted at birth, whether it is in the face or for the eyes, be it simple or noble. When they write appeals in letters, one name is written, and there are no difference between the sultan and commoner. They write only the essence and purpose of the case, and unnecessary titles and expressions reject.

Changis Khan's fishing strictly contained, said that de hoists like the warlords: those who wear weapons and fights in battles, should learn to study and exercise (in order to know) when hunters come to game how to hunt how to build, and how to hunt Surround game, in terms of people looking. When they gather to hunt, let them send people to the watch and are aware of the childhood and number of Dichi. When they are not engaged in military affairs, let them be jealous about the hunt and the army are involved. The goal is not only the hunt itself, but more so that the warriors are prior to and hardened, and mastered the shooting and exercise. And how Khan moves to the Great Likes, - the term for him: the winter time will come, - then the orders will send the orders to make the troops that are in the focus of the rates and in the neighborhood with the hordes, they prepared for the fishing, as indicated, so much people From ten sitting on the horse, and in order to every place where the hunt will be, they gathered tackle, weapons and everything else. Then it determines (Khan) the right and left wing and the middle, distributes them between the great emirs, and (himself) speaks with coons, concubines, disassembled and beyon. The ring for fishing is covered for a month, either in two or three months, and the beast drive gradually and flights and restore that he does not go beyond the ring. And if by how much the beast will pop up from the circle, they will discuss and investigate the cause to the last trifles, and beat on the case of stalks of thousands of thousands, centuries and forens, it often happens that they are killed before death. And if for example, who does not comply with the system, which is called with Perge, and speak out of it, or retreat from him, the sentence is great and there is no descent. In such a year, two or three months later, they drive dyky, as if the flock of the rams and send ambassadors to Khan and give him a minimity of the beast and about his number, which de doc reaches and from where it will finally be somewhat closed. Then the two or three farced people will inspire a one to one to one and watch (on them) felt. The army is standing on the ground, shoulder to the shoulder, and ditch inside the circle is mowing and worried, and different animals in the scene and have been expressing that de come the proven time when the beasts are gathered; Tigers are bothering with wild donslands, hyenas are coming with foxes, and wolves will be interpreted with hares. When the ring is struck to the extreme, so that the urine will not move wild beasts, first Khan with a few approximations eaten in the circle and with an hour of time he drinks arrows and divides the game, and how he comes to him, will come down in a high location among Nerg to admire and those How Tsarevichi will enjoy, and for them in order of warriors, bosses and simple people. Such a goal will be held for several days, while the game will not remain anything but single or couples, wounded and broken. Then the old people and the years depressed will be humbly approached Hanu, ascend the Molubus and interfere with the extension of the life of the beasts, so that they have released it through the place where the place is closer to the water and herbs. All game that it was broken, collected, and since it is impossible to read, calculate and list different breeds Beasts, consider Tokmo predatory animals and wild donkeys. One of the one said that in the days of the kingdom of Caan (eaten), this way was the hunt, and Kaan, for the sake of loving and entertainment, was sitting on a hill. Beasts of all kinds rushed to his throne and raised shouts under the hill and screams as if they asked justice. Kaan ordered all animals to release and leaving the hands of violence from them. He ordered him to go in the middle of the country of Khattais, in a wintering place, a wall of wood and land was built, and on it the door, so that the beasts gathered from the distant seats, and so that they were hunted on them. Also and within Chagatayev Almalyka, yes Kuyasha, he arranged the same place for hunting. (No) those are the essence and customs of war, killing, the account of the killed and mercy of the remaining; These are the step by step, for what is leaving alive in (conquered) countries consists of a chanty of poor people, a few numbers and weak.

That before the device troops, then from the time of Adam to this day, when the majority of climates are under the domination and in the obedience of the genus Chingis Khanov, in no story, it is not written in any book in order for ever any king, the former Mr. Peoples, It was possible to have an army like Tatar, which is patiently in difficulties and noble in peace, that in joy and misfortunes equally submissively commander, not because of the aspirations of the salary and feed, and not because of the expectation of the profit and income, - and this has the best order for troops. Lions are not allowed, do not go to the fishing and do not attack any beast. In the proverbs of Persian it is said that "there is no hunting dog," and it is said: the brother of your ps of yours will go for you.

What an army in the world can be like Tatar, which (even) among (rational) business is hunting for defeating and contempt of wild animals; On the days of peace and leisure behaves like a ram of a herd, bringing milk, wool and much benefit; And among the works and misfortunes freely from the separation and contrary to the souls. The army like the peasants, which is carrying different (mowiness) supplies, and do not show the document when performing what is ordered, be it kokchur, incidents, expenses on the passage, the maintenance of jamas, the presentation of the supply, harvesting for animals. The peasants in the image of the troops that during the root deeds from Mala to Great, from the noble to low - all cut the sabers, poulled from the onions and knead the spears and go to everything that it would be necessary at that time. Since the fear of war from the enemies or the goat from the rowers, they prepare everything that in the event it is forbidden: different weapons and other equipment, up to banners, needles, ropes, rope and fabric animals, donkeys and camels. Thus, on dozens and hundreds, everyone performs their service, and on the day of the review they are imposed, and, if at least a little is not enough, then such a person gets very much and is tightly punished. And at least they were among the battle themselves, everything that would be needed for different costs, through them the same. That to the women of their and people who remained at loads or at home, then the deliveries that were produced while the man himself was at home, remain in force, before that if he accidentally the service of that person will be his personal help, and men would not be, That woman (that yard) will come out personally and will work out.

The place of review and taking into account the troops are so arranged that they destroyed the need for an observance order, and their employees and their assistants quit. All people are divided into dozens, and among each one man is appointed chief of other nine; From the environment of ten bosses one given the name of the centurion and the whole hundred is subordinate to him. So the case goes up to a thousand and reaches ten thousand, over which the boss was put, nine thousandty. In this compocision and schedule, what the case will arise, whether a person or thing will require a thing, the case is transmitted to a darkness, this last is a thousand and so on to the foreman

For equality: Everyone works as another, do not make any difference and do not look at wealth and support. If you suddenly need an army, then it is ordered: "So many thousands needed in such an hour," and that day or evening they are in that place. They do not slow down any hour, below prohibit it, and they do not happen to have a rush or wires.

Obedience and obedience are that if the head of the darkness is, it be from the Khan at a distance of the east from the West, - will make a slip, (Khan) of the horse's salary to punish it, as it will be ordered; They will order the "head" - they will remove, they will want gold, take. Not that other kings who have to talk with a whale with a slave bought for their money, as soon as in the stable it will be a dozen horses. What is already talking about whether they will put a whole army under the authorities of this slave and it will acquire wealth and support. Change (?) Its they are unable. He most often rebelled by rebellion and rebound. And since the kings will go to the enemy, either the enemy will start that against them, you need months and years to collect the army, and crowded treasures to spend them on the salaries and feed of the chiefs. When paying a salary and additives, their number exceeds hundreds and thousands, and how it comes to the battle, the rows of them from the edge and to the edge of the way and none of them enter the ristar of the volatility.

So time was an account with a shepherd. "How many rams on the face turned out?" The counter spoke, and the shepherd asks: "Where?" They say: "In order lists." The shepherd replies: "Therefore, I asked; there are no them in the herd." This is a faithful parable for troops (those kings), because each boss, to increase the salary, "name," says so much people, "and how it comes to a review, substitutes one for another that the bill will be faithful.

And IAS is such a thing: so that none of thousands, hundreds or dozens, to which he is assigned, did not dare to go to another place, or to hide in others, and no one of that person should admit to themselves, and if anyone comes in contrary to this order, The one who will move will kill in many ways, and the one who covered it, plunge into the shackles and punish. Therefore, no one else can admit to him. For example, if there is a Tsarevich, then the most powerful title of a person does not allow himself and from violation of YaSa will refrain. Allotionally, no one can be the boss to be accommodated, while others do not dare to seduce him.

And yet: where in the army there will be Melong-like girls, they are collected, and they are transmitted from dozen hundreds of dozen, and everyone makes his special choice right up to the dark. After the choice, the girls lead to Khan or Tsarevich, and there they choose Syznov: which will be worthy and looks beautiful, that it is headed: to hold down the legality, and the rest: dismiss on good, and they come to the service to the Katunam; Khan and Tsarevichi will want - give them, they will want - sleep with them.

And yet: when the stretch of their kingdom lengthened and expanded, and important events began to happen, it was impossible without reports on the position of enemies. We also had to carry values \u200b\u200bfrom the west to the East, and from the Far Barn East to the West. Therefore, the pit was established throughout the entire breadth and length of the country, and the supplies and expenses for each pit were identified, the number of people and animals and the (number) of the yokes, eating and other supply, and layered on darkness: one pit for two darkness, In order for the layout to be in terms of number, and that the fees are recovered in order for the path of the ambassadors did not lend from (inconvenience) landing on the crosses, and so that neither the army neither the peasants were tortured by constant anxiety.

And he gave strict orders to take care of animals and everything else, it will talk about it for a long time. Every year, the pits should be inspected: stake will be what lack or decline, you must take a replacement from the peasants.

And as the countries and people under (Mongolian) dominion were introduced, on the established position (among them) the census and appointed Title dozens, hundreds and thousands, and were identified: a set of troops, Yamskaya (service), expenses (on passage) and cattle feed , not counting the cash (fees), and in addition to all these burdens, they still put Kopchur.

And then they have such an order that Kid will die an official either commoner, that after him will remain, a lot of whether, it is not possible - the bars do not do and no one interferes. Kohl was not at the late heir, they give (property) his student or a holope and under any kind of good deceased do not take in the treasury, and they consider it over.
Hulag me to Baghdad sent and appointed. The hereditary part in all those districts was obvious, and I canceled those (old) orders, and duties that ancient times were in Shushter and the Bayat land, folded.

Conclusion

And there are many more similar symptoms. Everyone will describe for a long time. On this and finish

The influence of "YaSa" on the right of the state of Genghis Khan:

A. International Law.

The overall task of international law of Mongols was the establishment of the Universal World. This goal was to be achieved by or international negotiations on the subordination of other peoples of the will of Khan, or, with refusal of submission - by war. In addition to us, YaSa fragments for these common goals of international law and international politics of Mongols have survived only hints. But these tasks are rather clearly expressed in the diplomatic correspondence of Mongolian khans with a Roman papier and some European states.

"When (Mongolas) need to write to the rover or send ambassadors to them, do not threaten the reliability and many of your troops, but only to declare: if you submit, gain friendlyness and peace. If you become resist - what do we know? God ordinary knows what will be with you. "

From this prescription, Yausi shows that Genghis Khan believed that he himself and his people were under the auspices and leadership of Divine Providence. "And in this (Mongols)," notes Abul Faraj, "they showed confidence entrusted to the Lord. And they won and win. "

It must be borne in mind that although Genghis Khan himself did not belong to any of the certain religions, but he undoubtedly imbued with a deep religious feeling. He was always happy to talk for a long time with sages of various faith relative to the indigenous issues of life and reign. Something we know about his conversations with the Taoist monk Chan-Sel. It was the vera in his divine mission gave Genghis inherent confidence in all its enterprises and wars.

He led by this faith of Genghis and demanded the universal recognition of his power. All the enemies of his empire in his eyes only "rioters".

So, one of the main provisions of the international law of YaSa was a certain form of declaring war with a guarantee of security to the population of a hostile country in the event of voluntary subordination.

Another important beginning of the international law of Mongols needs to be considered inviolability of ambassadors, although in the fragments that have reached us, it does not say anything about it. But we remember that a campaign to Turkestan in 1219 was taken by Genghis Khan for the retaliation for the murder of Ambassador Khorezmshah Mohammed. And Russian princes in 1223 brought the wrath of the Mongols to the beating of Mongolian ambassadors, the result of which was a catastrophe at Kalka.

About width with whom Genghis treated the Ambassadors is seen from the fact that according to YaSa, the ambassadors had the right to use the nuclear empire for free.

B. State and administrative law.

1. Supreme Power (Khan)

The supreme power is concentrated in the face of Khan. Khansky title is the only attribute of the supreme power. Mongols are prohibited "to give (kings and nobility). Multiple flowery titles, as other peoples do, especially Muslims. The one who is sitting on the throne, only the title is attached - Han or Kaan. "

2. People

From the initial point of view of the Mongolian government law, only Mongols amounted to a stately capable people in the empire. And only during the transmission, Mongolian people could fully fulfill its right to take part in the election of a new Khan. Every new khan must be born to the House of Chingis. After the death of the ruling Han, the members of his kind, the highest dignitaries, troops, tribal and generic elders converge together on Kurultay, where new Khan is elected. Selected must be the most capable of descendants of Genghis Khan. No one can be Khan without approval on Kurultai.

With the election of new khan, the political role of the people ends. Kurultai, collected by Khans on various issues during their reigns, were, in essence, only meetings of officers of the army and generic elders to take note and execution of Chan's decisions about the upcoming campaign or other important cases.

Public system of Mongols and Turks was founded on tribal and labor law. In the preserved passages of the Great Yasse, we find little instructions on the domestic social relations of Mongolian tribes and childbirth.

3. Fortress statute

The Genghis Khan Empire was founded on the general attachment of the population to the State Service. Everyone had a certain place in the troops or the subtle plot, and from this place he could not get away. This principle of the Face Fortress to the state later became the foundation of the Moscow kingdom of the XVI-XVII centuries, and of course, the Moscow orders developed precisely on the grounds laid down by Mongolian dominion.

"No one leaves from its thousands, hundreds or ten, where he was counting. Otherwise, he will be executed himself and the head of the part that he accepted. " (Juzzyne).

In the compilation of Petit de la Croa, we find such a resolution regarding the mandatory service:

"To expel the idleness of your own ownership, he (Genghis Khan) commanded all his subjects to work on society anyway. Those who did not go to war should have been working at a certain period of year to work a certain number of days on public buildings or to do any other work for the state, and one day every week to work on Khan. "

Each boss, be even the highest rank, should unquestioned to obey every orders of Khan, at least devotees through the messenger of the lowest official rank.

Women were also obliged to be a service agency, who replaces the men of Yurt, who were not on the call.

Attachment to the service will be connected to another start - equality in the non-service burden. Strict discipline is approved in all sectors of the service, but each requires equal stress and does not allow anyone to impose excessive tights.

Equality in labor requires equality in food. Jasa reckues anyone in the presence of another, without sharing food. In a common meal, no one should eat more than others.

4. Tarkhan privileges (immunity)

Some groups of the population could be withdrawn from under the actions of a common fortress charter or exempt from feedback. Such seizures sometimes were made according to religious reasons (Khan labels of churches), sometimes for considerations of special value for the state withdrawn from the general serf standards of groups (doctors, technicians, artisans).

The withdrawal was made in favor of the mentioned discharges of the population due to the fact that the special character was expected of them, which could not be agreed with the general charter.

On the use of this law in real life, the Khan labels in favor of the Russian Church are best. These labels provided Russian clergy freedom from military service and filters. They were renewable with each change of Khan in the Golden Horde. What is especially important for us, in the labels of these we celebrate direct links to the Great Yasu.

In addition to the clergy, the seizures from the action of the serfdom were given to doctors and lawyers. Techniques and artisans, being withdrawn from the action of the general charter, were subject to labor obligation for their specialty.

5. Military Tired

Commanders received rewards respectively, and not by birth. The warriors were ruins for dozens, hundreds and thousands and were obliged to serve from fourteen to seventy years. For observation of the order, in addition to the hundredsmatic army, a ten-thousand guards was created, entitled to the guard of the Khan Yurt. Guard (Keschiktash) was created from noble warriors, personally devoted to Genghis Khan. As part of the Guard, a thousand most devoted and strong warriors "Bagaturov" was also highlighted.

Punishments were established two: the death penalty and the "reference to Siberia" - on the deserted north of Mongolia. A distinctive feature of this establishment was the introduction of punishment for non-appearing assistance in the misfortune of combat comrades. This law was called Jasa, and the second son of Genghis Khan, Chagatay, was appointed the keeper of Yasa (Supreme Prosecutor). In such a militant and heated human, it was necessary to maintain a strict order for which real power is always required. Genghis Khan stipulated and from among the most proven warriors created two guards, day and night. They carried round the clock duty in the Horde, were non-extent at Kane and obeyed only to him. It was the Mongolian apparatus of coercion, supplied above the army team: Private Guardsman was considered to rank above the thousandth. Thousands were appointed 95 Noions chosen by the army.

Mongolian army represented a cohesive equestrian system. In contrast to other nomads in the Tactic of Mongols, the principle of Taran was present - compact masses in deep buildings to increase the force of impact (shock) to, for example, the breakthrough of the enemy center, one of its wings, etc. But the Mongols, in addition, to highly possessed a maneuverable ability, and their light cavalry performed in battle very active and not at all a minor role.

The first equestrian units not only produced a crushing blow to one or another plot of the enemy front, but could push it into the flank, and also be thrown into the rear. Thanks to this ability to the maneuver, the point for the main strike was not necessary to schedule in advance: she could decide during the course of battle depending on the complimentary setting. The lightest cavalry not only reconciled and covered, but performed mainly the task of active preparation of the preparing decisive strike. This is the famous "Mongolian Lava". With extraordinary mobility, maneuvering before the opponent's front, the riders joked to the flanks, and at a convenient case and in the rear. These deft, armed with throwing weapons, riders sitting on their extended, like dogs, horses, then blurring, then gathering in more or less thick bugs, sent the clouds of the tuchi arrows and darts into the ranks of the enemy, threatened him in one, then in another The place of attack and, for himself, usually not taking the enemy's closed attack, turned into a pretended flight, luring it and leaving him on the ambush.

As such actions, they were frustrated, the enemy was exhausted physically and morally so much that he sometimes passed the rear before joined the Mongolian heavy cavalry. If the enemy turned out to be resistant, then the actions of a light cavalry, in any case, allowed to determine its location, weaknesses or the most favorable plots for applying the main strike, where quickly and secretly, with skillful use to the terrain, were supplied to deeply closed buildings heavy horse masses built into several lines.

Thanks to its high maneuverable ability, these masses had a cooled even over the Valiant Knight's Knight Connection, famous for his mighty shock force and the art of a single battle, but extremely nerviar.

As a feature of Mongolian tactics, it can also be noted that the cavalry on the battlefield maneuvered usually "in a dumb", i.e. Not by teams, but according to the conditional signs submitted by the icon (flag) of the chief. In night battles, they were replaced with colored lanterns. The drums were used to supply signals only with a camp location.

In accordance with the tactical techniques of the Mongolian army, the armament of its two main "generation of weapons" was determined - light and heavy cavalry, otherwise called archers and swords. As the very name shows, the main weapon was onions with arrows; They themselves and their horses did not have or had only the most primitive and light protective devices; The archers had two onions and two quiver, one expenditure, another spare. The spare quiver was arranged so as to protect the arrows from dampness. The arrows were distinguished by an extraordinary sharpness. Mongols were masters in their manufacture and hone. Waiting for archery from a three-year-old, Mongol was an excellent shooter. Part of the archers were armed additionally with darts. As an additional weapon for a possible hand-to-hand combat, there were light sabers.

In severe cavalry, people had chains or leather lats; The headdress consisted of a lung leather helmet with a durable Natureznodel for the preservation of the neck from saber shocks. On horses of heavy cavalry there was a protective armament of thick lacquered leather. The main offensive weapons of swords were the sabers curves, which they owned perfectly, and peaks; In addition, each had a combat sequir or an iron clock that was suspended to the belt or to the saddle.

In hand-to-hand combat, as well as when slaughters in small parties, Mongols tried to dump or paint enemies with horses; For this purpose, the hooks attached to the peaks and darts, as well as arcanes from the horse's hair, which were thrown on the enemy from a certain distance. Increased Arkana's loop, the enemy rider was stood with the horse and looked around the ground; The same reception was applied against a hidden enemy.

Large and medium-sized military units, such as thousands or hundreds, were planted on horses of one suit. This is reliably known regarding the Guards "Thousand Bagaturov", which all had a horses of the crane suit.

The most important point in the device of the Mongolian army, unlike other nomadic peoples, was the fact that various engineering devices were widely used for siege of cities: catapults, tarana, appliances of subcoops, etc. Captured Chinese were used as experts. For example, in the Central Asian campaign we see auxiliary engineering division in the Mongolian army, serving a variety of heavy combat vehicles used mainly during sieges, including flamethroughs. Recent metals in precipitated cities Different combustible substances: burning oil, the so-called "Greek fire" and others.

According to E. Hara-Davan, preparation for a particular campaign was carried out according to the same scheme:

1. Kurultay was going, at which the question of the upcoming war and its plan was discussed. In the same place, all that it was necessary to compile an army, how many to take warriors from each tent of the kibilities, and also determined the place and time of collecting troops.

Spies were sent to the enemy country and "Languages" were mined.

3. Military actions began to be commonly early in spring, when the grass grows, and in the fall, when the horses and camels in a good body, and the aqueous obstacles freeze. Before the opening of hostilities, Genghis Han collected all the senior bosses to listen to their instructions.

The High Command was carried out by Genghis Khan himself. The invasion of the enemy's country was made by several armies in different directions. From receiving such a separate command of the commander of Genghis-Khan requested the submission of the Action Plan, which he discussed and usually argued, only in rare cases contributing into it. After that, the Contractor is provided within the task of this task complete freedom of action with a close connection with the Supreme Leader rate.

4. When approaching significant reinforced cities, the main armies were left to observe them the observation case. In the surrounding area gathered stocks and in the case of needed the temporary base. Commodally, the main forces continued to the offensive, and the observation case, equipped with machines, started towards the taxation and siege.

5. When there was a meeting in the field with the enemy army, Mongols usually adhered to one of two ways: either they tried to attack the enemy by surprise, quickly focusing on the battlefield of the strength of several armies, or if the enemy turned out to be vigilant and could not be counting on suddenness, they They sent their forces to achieve one of the enemy flanks.

But these methods, their military initiative was not exhausted. For example, a pretended flight was carried out, and the army with great arts noticed his traces, having disappeared from the enemy's eye until he crushes his strength and would not weaken the measures to be worked out. Then the Mongols sat on fresh clown horses, made a quick flare, as if from under the ground before the stunned enemy. This method was divided into 1223 on the river Kalka Russian princes. It happened that with such a demonstrative flight, Mongolian troops were scattered so as to cover the enemy from different sides. If it turned out that the enemy holds focused and prepared for the disintelligence, they produced him from the environment in order to attack him on the march. In this way, in 1220, one of the Army Khorezmshaha Mohammed, which Mongols deliberately released from Bukhara was destroyed.

Indicate such an interesting fact: the Mongol (Chinese Ibuccha) put on the fight before the fight. This fabric has a feature to be drawn into the wound along with the tip, delaying its penetration. The tip can not break the cloth, and the tip extraction operation becomes simple.

6. Charter of Lov (hunting)

"When there is no war with enemies, let them indulge in the case of Lov - teach sons, as chanting wild animals so that they will be thrown into battle and gained strength and endurance and then rushed to the enemy, like on wild animals, without sparing (ourselves)."

Genghis Khan considered the hunt as bEST SCHOOL Military learning. Big winter cloud occupied a serious place in Mongolian public life. This plant was one of the important factors in the economic, social and state life of the Mongols.

A large area required the participation of whole buildings of the Mongolian army to surround and drive the herds of wild animals - predatory animals, wild donkeys, antelope, etc. The clouds played in the preparation of the army approximately the same role that big maneuvers are currently.

The whole campaign was sometimes stretched for two or three months. Each negligence or violation of the order from the head and ordinary was subject to severe punishment. As soon as the game was driven into the inner ring, Khan had the right of championship in shooting; Then the dignitarians and commander, and finally ordinary wars. The game that fell into the area was not destroyed by the whole: the part was released for a wiring.

Internal control

Aminic decrees

The overall management task, according to YaAs, is to maintain peace and order.

compound Genghis Khan, he condemned some of their customs, such as stealing and adultery, and decided to destroy them to decorate their states by order and justice. Cities and big roads were free and open to the merchants of all kinds. He wanted to provide from such safety and tranquility so that each within his domination can carry gold on the head without any danger (to be robbed) as people wear simple pots. "

According to these goals, one of the most important management tasks was made by the device of postal stations (JAM) in all imperial paths. The device of Jamov was distributed among the population of the country so that for every two darkness he was the care of a certain section of the road.

In addition to such basic branches of internal management, such as Yamsk and the applied matter, special decrees were published on some issues, other of which were included in Ias. There were three such types of decrees:

· Decree prescribing everyone under the fear of death to return a runaway slave to the rightful owner.

· Decrees that prescribe compliance with the famous rules of slaughter of cattle in accordance with Mongolian customs

· Decrees prescribing compliance with the well-known rules to enter water and washing clothes in water or, in some cases, the prohibition of these actions. Motives that caused the publication of these decrees, a dilde. On the one hand, it turns out to be a ritualistic fear of nature - fear of desecration by a person of one of the main elements, which could insult the Supreme Creature.

On the other hand, here they acted very practical -

say, scientific - considerations: the desire to avoid defeat people with zipper, in cases if they come in touch with water during a thunderstorm. The prohibition of entering the water and washing clothes in the water was originally valid only for the time of thunderstorms.

Financial and applied management.

Thanks to the predominance of the so-called natural economy, the Mongols and the Turks of the task of financial management in the initial Mongolian state could not be particularly complex. Heads and warriors were to borrow themselves relative to the horses, forage and a certain number of edible supplies for the campaign. During the campaign, the Mongolian army was formed by the enemy and military prey.

However, as the Mongolian Empire expands, the content and khan yard, and administrative institutions required the establishment of a more permanent appeal system. In all likelihood, Jasa contained a rather designed applied charter, but Juzzine find only a short note about it. "After the country and peoples were subordinated to the dominion (Mongols), the census was established and applied titles (ISM) were appointed according to the sections of dozens, hundreds and thousands; Also identified: a set of army, the Yamsk service of the service and fodder for livestock, not to mention the cash files, and the cops were also superimposed. "

To the above-mentioned submitted titles should be added yet the darkness referred to in the Schedule of the Charter. The applied device was adapted to the manner to the military units. It should be noted that this is exactly how applied management in Russia after Mongolian conquest was organized.

It was established for grade and kind and money. The calculation of the population should be taken into account.

Military prey should be an important source of income, especially at the first time of expanding the empire.

B. Criminal law.

The main task of the criminal law of YaSa is the provision of peace and order in society and the state. This task is outlined by the Armenian historian Magaki in such expressions: Yasa prescribes "first, to love each other; secondly, do not commit adultery, do not steal, not false witness, not to be a traitor; To read the elders and beggars, and if there is anyone between them, there is any violating these commandments, such to betray death. "

Thus, the main ideal task is the criminal law of Yasi seeks to achieve in practice through the most severe sanctions.

1. Types of crime

Jasa considers the crime to be punished, the following types of misconduct: a) crimes against religion, morality and established customs; b) crimes against Khan and the state; c) crimes against the life and interests of individuals.

A. Crimes against religion, morality and established customs.

These are recognized:

· Hanability of any of the existing churches or clergy.

· Intentional lies

· Insulting ritualistic nature: Discovery of water and ash

· Slaughter of livestock in violation of the installed Mongolian custom

· Adultery

· Sodomia

B. Crimes against Khan and State

The main type of these crimes is recognized by violation of the serfs, especially by the top supervisors.

The same discharge should be attributed to the fact that it was forbidden to use Mongol as a subalkal servant. At first glance, this rate seems natural to attribute to the next section (crimes against facial freedom). In fact, the true motive of this decree was the intention not to give people to escape into a private dependence on the fortress service of the state.

Other abuse of the same type:

· The abuse of power from military and civilian chiefs, especially from regional governors.

· Violation of military discipline.
Violation of Yaasi at all.

IN. Crimes against the life and freedom of individuals

Only one of the came-out fragments of Yasi is devoted to the murder, and it speaks of murder towards special categories of persons - Muslims and Chinese. All other cases of violation of private individuals belong to crimes against property. The most important types are the following:

· WHOVE or acceptance of someone else's slave or prisoner

· Concoction and livestock

· Silent bankruptcy.

2. Types of punishments.

The law says: "If the children do not respect parents, the youngest seniors, the wife does not listen to her husband, the subject - the manager, they should be seriously punished ... those who are spread with the wives of others, and men among themselves should be punished with execution."

Genghis Khan established a public order to strengthen the domination of the Mongolian Empire and approved the law that kept the nation of nomads under the firm law. It was indicated: "Those who deceive go out of the house (as if to study in the army) and secretly flee from paying taxes, then they should be informed about the service and punish the committed crime so that the cases of cunning deception and unworthy behavior cease. Honored lawyer O. Lhamsuren appreciated all this as follows: "During the reign of Genghis Khan, this criminal law has become even more specific and full."

We will quote in short that the provisions of the law on which the punishment follows the penalty of the penalty: those who killed people spent with the wife of another, men who have broken each other, who fled the slave and followed him who ruined the others who had a particularly perverted method, who supported one of two fights, Who deliberately slandered others who lied, who was the third time the estate of others, who were on the storage, who hid what was found, who did not return the owner's clothes, property and weapons found in the battle. Everything is said clearly and firmly. At first glance, some provisions seem too tough, however, if they are considered in the context of the conditions of that time, it is not at all so. At that time, for those who distorted the property of other third time or was an incorrigible thief, a cheating or a slander, there was no other punishment, except for the death penalty. This severity of the law has had a beneficial effect on the social system and the life life of that time, the implementation of the law was clear.

Diplomat Min Hong Nanchyadov during the reign of Genghis Khan did not see inside Mongolia quarrels and struggle. One writer from distant Arabia wrote: "In Mongolia, there was no horse theft." ITALY Ambassador to Carpini, while in Mongolia, wrote: "In Mongolia, there are no internal strife and struggle at all, there are no cases of murder of people, all of each other are peacefully and gently, there are very rarely any cases and litewons, as there are no thieves and Robbers, chests and any things are stored without locks. Sometimes there are cases of livestock, which found him kept him. "

On such facts of that time, we can understand the significance of this great law. This is all a concrete fact explaining why the law will consider the following block of crimes against ownership of Mongolian ordinary law. Shihi-Hutag (Contemporary ChangiChana) was appointed with the Higher Soutaga (judge), who was supposed to "punish the theft throughout the state, to apply laws, killing those whom they had to kill, punish those who needed to punish." Also, according to this decree, the shies-hutag "should have been punished for theft throughout the country, eliminate false." Another task given to him was the distribution of property, as well as issues related to property relations between citizens. Such a legal need for a judge that has the highest plenipotentiary rights to solve all issues related to criminal and civil law, today is a general pattern.

Live confirmation of legal thinking was Mr. Shihi-Hutag himself. We quote one document. When in 1216, the Mongolian warriors fell on the "Golden State" and captured him the capital, the city of Junda fell under Mongol influence. The Minister of Huda Huda with a special gift met Shihi-Hutag, who arrived to make the register of property and the goods captured by the city. The following comment didn't have the following remark on this, "before the city of Rundas belonged to the Golden State, now it belongs to Genghis Khan. However, the minister, you are going to bribe me with the property of our khan. What does it mean?" - And did not take a gift.

Speaking of humanity and justice of the Supreme Judge of the Mongolian state, we present the following example: "When there is some person to interrogate any person, it has strictly forbidden to apply the methods of threat and intimidation, as well as the suppression of the Spirit. If the testimony was obtained in such conditions, then the decision of this case was considered a distortion of the law. " People suspected of any crime, he particularly warned that "you can not talk to the fear." This document is a Mongolian legal document, and legal practice was even more humane and favorable compared to the ideologized practice of such laws operating at the same time as the Law of Sharia (Islamic Religion), the laws of Christ and Religion Taoiyan. The first figures of the law and the right of that time were made efforts to form a system of laws and public thinking, they tried to apply the principle of freedom from any influence, which was also subsequently concluded by the main content of judicial practice. The first major leader of the Mongolian right of Shihi-Hutag from 1206 to 1252. For 47 years, the duties of the highest state soutaigi.

According to the register, "big thiefs were punished with execution. However, if the "small" thief, for example, who stole the sheep, was not caught on the crime scene, he was condemned and left without punishment. " From these provisions, we see that in the period under review it was seriously fought with thefts. For example, in the 53rd fragment says: "If the stolen thing is not important, then we should punish a whip." This is stated in detail in Notes Marco Polo: "If anyone stole some thing, he must pay its price. Punishment depended on the type of theft. For example: "You can punish seven, seventeen twigs, twenty-seven, thirty-seven, forty-seven or one hundred and seven times."

The ownership of the dead should inherit their children, and can not be translated into the State Fund. All these provisions really defended the rights of children and women. A characteristic feature was that this is a historical position, the content of which was traditionally transmitted in all the laws of the Dynasty of the Yuan and the laws published in the HS - XIV centuries. Russian scientist P.S. Palm on punishments in the law appointed in the Mongolian Empire during the XIII - XIV centuries, wrote: "If a woman informs Mr. that the punishment of someone is too heavy, then it should be respected and relieved hard punishment and replace it with an easy punishment ... no one has The right to touch the woman sitting on the left wing next to the hearth. However, if it moves from there, it will lose special rights. "

Thus, the new state of Mongols was particularly suitable for the rights of children and women and adhered to the idea of \u200b\u200bnot a discriminatory approach, and a respectful attitude towards them, in some cases women respected more than men.

Rome's Ambassador to Carpini, who came to the Mongolian state in 1247, noted: "In Mongolia, there is no quarrel, struggle and murders, people are mutually peaceful, rarely there are crimes, because there is no discrepancy and theft, then the chests and other things are stored without locks. If sometimes losing your cattle, then someone keeps it or returns to the owner. "

Khana Great Mongolian state (Genghis, Ugheday), especially supporting trade, strictly forbidden to trade unfairly, to exploit ordinary citizens and worsen their lives. Especially strictly punished or trampled from the native land of merchants who tried, instead of selling people and cattle products of widespread consumption, deception to sell luxury outside products. Did not forget the procedure for charging customs duties on international standards from rich merchants depending on their income.

According to the basic law of development of the country's economy, the most important and initial condition for such a system is the guarantee of the legal protection of the country and its citizens.

Analysis of these usual legal norms suggests that criminal offenses shared the following main types: state crimes, crimes against religion and its representatives, crimes, crimes against society, crime against personality, property crimes.

The following categories were related to state crimes: insulting a man of khana origin, incompatibility about the emergence of a significant enemy troop, leaving the prince during the battle, non-appearance to war in full equipment, ruining the Neuon of his subformation, late for military fees for more than three days. Some articles of steppe laws have established criminal liability for desertion. So, if the "man of khan origin, Tabunnga or Borghigin will run away during the battle, take a thousand horses from them, a hundred camels and a hundred shelbs. If a commoner is running out with a shell, take a shell and four horses from it. "

It was forbidden to kill the prisoner's enemy. For this crime, criminal liability was established in the form of a deprivation of one camel. Salted during the battle of man of Khansky origin was declared Darhan. And throwing Khan threatened the death penalty.

Crimes against religion and its representatives were fixed in the "monastic law" of 1617 and the "religious law" of the 20s of the 20th century. These regulations testified to the spread of yellow faith (Lamaism) and strengthen its position. For example, the face of khan origin, who insulted by the Earth, was attracted to criminal responsibility on the "law of seven Khosunov", and simp-coat for the same crime was sentenced to death. For insulting the highest lamaist workers, a large fine was supposed to pay.

If the traveler was denied overnight, then a fine was appointed in the form of one sheep, if the hardwood suffered from thirst was not allowed to get drunk or drink a saddled horse, if the water was contaminated, then a large fine was appointed in the form of a confiscation of a horse and cow, - all this was considered crimes against society. Among the crimes against personality were allocated, first of all, intentional murders. Steppe laws do not give differentiation of punishments in different estates. For example, the position is fixed that, "if anyone kill a person, take from that three hundred thirty andzu." According to E.I. Kychanova, in the traditional Chinese law "When considering the murder cases, the most important place was given to clarify the question of who were the killer and the victim, their relationship with each other in the system of blood bonds and systems of socio-class division of society. No one (abstractly understood) the price of human life did not exist. "

The crimes against the personality belonged to the injury in the form of deprivation of the eyes, the fracture of the bone of the hand. A clearer definition of these acts is enshrined in the "Great Law of 1620": "If anyone breaks down to anyone and if the victim remains capable, take the perpetrators of three nine. If it becomes incapacitated, take from the guilty Andza as an eye. For each embossed tooth fell nine. For broken index and ring fingers - a fine of three nines, for other fingers - one nine. "

Insulting with word and action was explained, apparently, the widespread dissemination of these acts among the entire population of Mongolia. As the research researcher rightly noted, including the usual, hp Mamut, "feudal right willingly neglect the individual features of a member of society, but scrupulously takes into account its position on the estate and hierarchical stairs."

For an insult to Tabinanaga, a fine was made in the form of one nine, for insulting Alci - one nine and a horse, for insulting a more awaited person, a more severe punishment was assumed. So, for the insult of the teacher, a penalty of three nines was envisaged that, according to the mongated scientists, was a consequence of the influence of Lamaism with his veneration of the "teacher."

In usual legal and declared norms, the system of punishment was well developed depending on not only from the personality of the victim, but also on how harm is caused. For example, for the punch of the person with the edge (with a crossing subject) punishment followed three nines. The punch with a stone or stick entailed criminal liability in the form of one nine, a punch with a fist or whip - heel.

In the usual legal norms under study, criminal liability for insults was assigned to persons of higher estates. So, if "Khan will insulting his younger, then take nine from him: eight horses and one camel. If the younger Neuon will insult his elder, take three nine and three camel from him. "

The criminal-punishable slander was a grave crime and entail the death penalty with the confiscation of the property of a person who had arguing two Neuons. For insulting Timsol, criminal liability was defended in the form of a fine of one nine and one camel. If one commoner insulted another commoner, then the guilty was obliged to pay a fine of three nine and one camel

As noted, property crimes were widespread in Mongolia. The death penalty was subjected to the participants of the group theft, first of all the leader and the deliberator of the crime. The subject of theft was in most cases of livestock - the main wealth of nomadic cattle breeders. For the abduction of the stallion or camel, a fine of ten nines was charged. For theft of a nursing camel - twelve nines. The one who is just right in the herd should have paid a fine of six nines. The one who did not interfere with the hijacking of livestock were punished. For the connivance, he had to pay a fine for sophisticated cattle because he was considered as an accomplice of the criminal.

An analysis of legal sources shows that the punishment for theft could depend not on the position of the guilty, but on its floor. It was noted that "if Shigachechin, commander, stillers or bodyguards will make theft, then punishment for all one thing: a woman is trying ten nines, a man - eight."

Criminal liability for concealment of the thief carried representatives of all without exception of the segments of the population. If such was Neuon, he was discharged, if a small official was deprived of his posts. For assistance in the capture of the thief, a remuneration was appointed in the form of one sheep.

In the system of crimes and punishments, there was a fraud - "fraudulent assignment of the title of Elci, the use of lifting and contentment." For these actions, the face was punished with a fine in the form of three nines.

In the conditions of the steppe life of the Mongols, the fire was a terrible disaster. Therefore, in the regulatory acts of articles related to arson, determined the guilty severe punishment: the fire culprit was to pay for the burnt and fine in heels.

This indicates that the criminal law of the Mongolian state in the period under consideration and somewhat later was concrete, casual nature. Many of the adopted and tested agents served in the future foundation for later legislation.

So, we note that the law of Genghishana Karaly death for murder, for a man and the infidelity of his wife, theft, robbery, buying stolen, concealing a runaway slave, a whale of harmful to the ground, three-time bankruptcy, i.e. the non-return of debt and weapons, accidentally lost owner in campaign or in battle. Leaving without the help of a combat comrade was equated to the greatest crimes. The punishment for grave crimes was usually the death penalty.

G. Private Law.

Our information about private law is very scarce. This should probably explain not the defectivity of existing ya fragments, but by the fact that private law issues were regulated mainly by the usual right, and therefore, they concerned them only in part.

but. Family law

In compilation of petition de la Croa, we find the news that Genghis Khan issued a law on marriage, in which it was said, "that a man must buy his wife and that no one should marry the girl with whom he is kinship of the first or second degree, but in all Other degrees marriage was allowed ... polygamy was allowed, as well as the use of slaves as concubines. "

Ryazanovsky cites a fragment of Yasa, according to which the son of his son managed by the fate of his wives, with the exception of his mother, can marry them or give them for another. "

Among the Tatars "Family Management belongs to women. They buy and sell what and how they need. Men are engaged in hunting and war and no longer enter anything. "

"Children born from slaves are considered as legitimate as born from wives; But the children of wives and in particular the children of the first wife enjoy special honor from the Father. "

b. Hereditary law.

The questions of the hereditary law of Jasa, apparently, confirmed the norms of ordinary law. After the death of the head of the family, the property was divided between the sons so that the proportion of the eldest son was more than others. Yurt (home) was leaving the younger son.

The seniority of sons was established in accordance with the rank of their mothers in the Father's family. As already mentioned in the previous subsection, children born from concubines were considered legitimate and received a share in the order of the Father. In the link to the order of the Father, you can see the beginning of the inheritance in the will, nominated in place simple distribution Property according to normal law.

Khan should not have interfere in hereditary relationship, even if the deceased had no relatives.

"From the property of the deceased, who has no heir, Khan will not take anything, but his property is all given to those who went to him (before death)."

D. Trade law.

It is known that Genghis Khan attached great importance to the development of trade. One of the main tasks of its management was to ensure the safety of trade routes.

Taking this into account, we can think that Jasa contained a more or less designed trading charter.

"Who will take the goods and go bankrupt, then take the goods again and go bankrupt again, to bring death after the third time."

E. court law.

Hanico blood people were subject to the Supreme Court of the Khansky kind, composed of the generic elders. If a man of Hannai blood violated Yasu, then he should have been guided by the birth of elders twice. If he violated Yasu for the third time, it was subject to link to remote places. If he did not repeat after that, he was imprisoned and kept there until he was repent. If he remained unroging, the meeting of all kinds had to decide what to do with it.

Regarding the general proceedings, you can refer to one of the existing Yaa fragments. According to this fragment, three witnesses for the strength of verbal statement.

If there are written documents, the rules were probably others.

J. Strengthening the law. Support legislation.

According to the thoughts of Genghis Khan, the laws approved by them should have been fixed forever. Any change in Yaasi, in his opinion, could only lead to the death of the state. The keeper YaSa Genghis appointed during the lifetime of his eldest son Jagata.

Each new Khan, whether he ruled the entire empire or only his ulus, had to begin his reign confirmation of Yasi. Descendants of Genghis Khan should have been gathered every year together with the highest dignitaries of each ulus in order to make sure that no khan or the prince of Genghis blood during this time did not break the yas. The guilty of its violation was to be lowered. "Who will break the yas, will lose their heads" - this was the decree of the first Khan Golden Horde.

The presence of Jasa as a solid law of laws was not excluded, however, the possibility of further legislation of the Genghis successors. But this legislation had only auxiliary importance to satisfy the local needs of each ulus on an unshakable basis of Yaasi. In this order, Khana Golden Horde issued a fairly large number of decrees and orders known as part of the labels. This includes labels in favor of the Russian Church. These shortcuts directly refer to the Great Yasu as the main source of the indicated legal capacity of the Khanov.

We should, thus, to distinguish the Great Yase from local SNA (forensic) of ulus. Despite the presence of these gradually developed trials, the Great Jasa long after the semicondancy of the Mongolian Empire was recognized as the highest arch in all uluses and areas that were once part of this empire.

Final analysis

Until now, I watched Jasu only as the codification of the norms of the usual law of the Mongolian tribes. But the above leads to completely different conclusions.

Of all the above, it is clear that the task of YaSa was not to codify the norms of the usual law, but to create new standards of law in accordance with the needs of the new empire, for the construction of which the former generic state was only the initial clause.

Most issues of the so-called ordinary law - generic and tribal - Yasa does not even concern. That was her appointment. In the life of the kind and family of Yasa almost no interference and in this respect does not codify, but only confirms - mostly silently existing norms. In a number of other cases, as for example, in relation to criminal law, Jasa, on the contrary, explicitly cancels the action of the previous norms, and here again it is impossible to talk about a simple codification of the norms acting earlier.

Finally, in most cases, Jasa creates new norms of law, the Yato was necessary to accommodate the Khan legislation to newly emerged requests and needs of the expanding empire.

The main task of Genghizhan when edition Xia thus create new system Rights - the right khan or imperial, which was to be established as a superstructure over the same ordinary right. In fact, the new Khansky law in many ways was the result of the merger of new concepts about the Han-Emperor with the previous concepts of the Khan-Vychinnik and the tribal elder. The state and IAU continues to be considered as a Khansky ulus to some extent.

On the other hand, however, the new imperial idea is manifested in Yasa. And Gengizhan himself, and his coming successors deliberately sought to turn the Mongolian state into the global empire. This aspiration is clearly visible in all the idea of \u200b\u200bYaSa.

What are the sources of the Genghis ideas of the imperial state and the imperial law? It is very likely that one of these sources were Chinese state-legal concepts.

On the other hand, it is possible to think that the Christian idea of \u200b\u200bthe Ecumenical Empire remains not without influencing Yasu. It should be remembered that in the first edition of the Yasa was approved by Genghizhan shortly after his victory over the hits and kereites, and just among both these peoples, Christianity - Nestorian's sense - was strongly developed. It is known that as a result of the inclusion of Nimanov and Comeitov, and later Uigurov, in the Mongolian state, Christianity began to play an important role at the courtyard of Genghishan himself and his successors. Some of the influential dignitaries of the young empire were Christians in faith.

It is possible to think that it is through them the Christian idea of \u200b\u200bthe Universal Empire, which rests on religious grounds, could be perceived by Yasoy.

But having in mind these possible (and even probable) influences on the part, one cannot forget about the personality of Genghishana himself as the Creator of YaSa. It should be recognized that Genghishan was not only a brilliant commander, but also a state-of-day state figure, the Creator of the new imperial law.

Bibliography.

1. Vernadsky G.V. History of law Saint Petersburg: "Lan", 1999

2. Magazine for prosecutors and investigators 1999-2007 Article B. Molchanov, M. Gancoredorzh "Criminal liability for crimes on the usual law of Mongolia"

3. Republican weekly newspaper "Let's start from Monday" Article Rafael Ferertinov, Kazan, No. 41 (703), October 19 - 25, 2007 "Turkic Normal Law".

4. A.M. Jowyney. About the orders of Genghis Khan after his appearance, and about the yasa, koi he commanded

5. Vladimirtsov B.Ya. Public system of Mongols. Mongolian nomadic feudalism. L, 1934. p.7

6. Halfed Mongol Tale. Translation S.A. Kozina. Ulan-Ude, 1990. p.102

7. Magazine "Around the World" No. 1 2001 Mongolian Goo for Chinese wall

8. Magazine "Questions of History" № 5 Article F.F. Mukhametov "Mongolian" Yasa "and its role in the system of public relations of the Empire of Genghishana."

9. Gumilev L.N. In search of a fictional kingdom. Visitnik Kurgan. /

10. Hara Dapava E. Genghis Khan as a commander and his heritage. / http://gumilevica.kulichki.net

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