To the question about the historical genesis of patrimonial law of the bashkirs

The article discusses the issue of the formation and development of patrimonial law of the Bashkirs before the accession of Bashkiria to the Russian state. Guided by the pluralism of approaches to legal thinking, the author made an attempt to reconstruct the historical genesis of the patrimonial law of the Bashkirs, as well as the sources of this law in the Golden Horde and post-Horde periods. Based on the analysis of general historical sources, Bashkir legends and chronicles, as well as the corresponding Horde legal monuments, the following conclusions are substantiated: firstly, starting from about the middle of the XIV century on the territory of Bashkiria, those social and political conditions that determined the content of the customary legal norms of the patrimonial law of the Bashkirs began to take shape; secondly, due to the influence of the political and legal ideology of "chingizism", the Bashkirs form a legal myth that the tribal law has its source in the establishment of Chinggis Khan; thirdly, in the legal system of the Golden Horde and in the post-Horde Chingizid khanates, which largely inherited the legal traditions of the first, there were no external forms of expression of law, with the help of which direct state sanctioning of the customs of the Bashkirs associated with clan land tenure was carried out. At the same time, it seems that, by the nature of the prescriptions, the khan's shert and tarkhan labels could indirectly sanction the patrimonial law of the Bashkirs.