THE CUSTOMARY LAW (ADAT) OF THE KYRGYZ PEOPLE AS A PENAL SYSTEM FOR THE EXECUTION OF PUNISHMENT IN THE PERIODS FROM THE XVIII CENTURY TO THE END OF THE XIX CENTURY

The article conducts a historical study of criminal law in the form of customary law (adat) of the Kyrgyz from the XVIII century to the end of the XIX century in the system of execution of punishments. In those distant times, in the Kyrgyz judicial system of execution of criminal punishments, the practice of compensation for damage in the form of material property was used, since in customary law (adat) there was no concept of punishment in the form of imprisonment. Thus, customary law for the Kyrgyz people represented customs that were passed down orally from generation to generation. The judicial system from the XVII century to the middle of the XIX century was carried out by representatives of the feudal-tribal nobility: biys or manaps were endowed with the power to make decisions on various cases concerning a certain clan or tribe. The next stage of the study is related to the colonization of the territory of Kyrgyzstan by the Russian Empire with the historical date of July 11, 1867, with the adoption of an important legal document, the "Temporary Regulation on the Management of the Semirechye and Syrdarya Regions". The institute of biys underwent reforms after the adoption of the "Temporary Regulation on the Management of the Semirechye and Syrdarya Regions"; later, this document made it possible to build new institutions of state power (tsarism) on the territory of the Turkestan region.