KRITARCHY AS A SPECIAL FORM OF STATE (ON THE EXAMPLE OF SOMALIA)

The article analyzes the characteristic features of kritarchy – a specific structure of society based on the power of the courts. Experts consider kritarchy primarily as a social or legal system, and some consider it a political regime. The author of the article attempted to study kritarchy as a form of state, a set of political and legal components (methods of organization of higher authorities, territorial structure of power, ways of its implementation) that can replace the usual forms of state in traditional societies. Kritarchy is considered a historical form of social and state structure that is not found today. Nevertheless, Somalia from the late 1980-ies to the present day, according to the author, is a modern example of kritarchy. In a weak, «failed state», Somali society returned to a traditional way of life that created the basis for kritarchy. The author analyzes the courts as a substitute for the standard system of government, Somali law (a synthesis of customary and Islamic law) as an analog of standard legal systems, it demonstrates the viability of kritarchy as a form of state in the absence of traditions of usual forms of state in society.