A.I. Darkenbayev,

                                                                    Candidate of jurisprudence, associate professor

Al-Farabi  Kazakh  National  University ,

Almaty, Republic of Kazakhstan

A.A.Daurenbekova

 

Main stages of constitutional development Turkestani Autonomous Soviet Socialist Republic

The beginning of the XX century for the states of Central Asia was  decisive and the establishing period. In the region the policy of  capture of  lands primordially belonging to the Kazakh people by Imperial Russia owing  to what the Kazakh people were compelled to leave the lands, occupying for eyelids amplified. Carried-out agrarian reforms led to mass resettlement of peopleof Russia on the territory of Kazakhstan. Numerous oppressions from the Imperial government an d its colonial policy to the people led to mass revolts. Political instability of Russia at the end of the 1917 led to government change. The imperial government in Russia was succeeded by the power of Councils.

The Soviet power was established as well in Central Asia. Before the establishment of the  Soviet the majority of territories of the states of Central Asia were subordinated to the governor general of turkestaniedgs. It is known that Turkestani the Autonomous Soviet Socialist Republic as a whole existed from 1918 to 1924. In this regard Turkestani the Autonomous Soviet Socialist Republic can be devided the constitutional development into three period conditionally.

The first period – the period of creation of Turkestani Republic and before adaption of  of its first Constitution. It is the period covers time from April 30, 1918  to October 15, 1918. The role of constitutional act during this period was carried out by the Situation “about Creation of the Turkestani Republic” adopted on April 30, 1918 and the first Constitution of RSFSR.

The second period – the in which the first basic law of the Turkestani Republic starts working. It covers time from October 15, 1918  to September 24, 1920. The first Constitution of Turkestani Republic established the power of councils and in essence governed the relations of a transition period. The third period – the period of action of the second official Constitution of the Turkestani Republic.It covers time from September 24,1920 to December 1924. It is the Constitution completely  makes out a state and legal system of the republic. She acted before making decision on delimitation of  Central Asian states and dissolution  Turkestanithe Autonomous Soviet Socialist Republic in December, 1924.

The special lines are inherent in every period of constitutional development of the Turkestani Republic. Let’s consider these features.

On April 30, 1918 the 5th congress of Councils of Turkestan adopts the Provision in which creation Turkestani the autonomous Soviet Republic in the territory of the former Turkestani region is proclaimed. At this congress Central Executive Committee and Council of People’s Commissars Turkestani is created by the autonomous Soviet Socialist Republic. This bodies starts full establishment of the soviet local authorities.

Adoption about the Provision about urkestani gives the chance of the Autonomous Soviet Socialist Republic for registration of state and legal structure of the republic. The supreme legislative body in the Turkestani Republic was congress of Councils of workers, soldiers, peasants and Muslims. Activity of  congress of Councils was not a constant. Congress created out the work in the form of session. And between sessions works legislative activity was assigned to Central Executive Committee of Councils. At congress of Councils of members of the Central Election Commission deputies chose. By situation Turkestani Republic carries out the power in an autonomous order, but it was obliged to coordinated the actions with the Central power the Russian Soviet Federation. It meant that the Turkestani Republic became only autonomous part of RSFSR.

At the initial stages of formation of the Turkestani Republic there was no uniform view of legal status of the republic. In some state acts and documents the TurkestaniRepublis was designed as “the Federal Republic”  and in some acts as “the TurkestaniRepubllic”. About it, it is spoken in work which is known Uzbek scientist Sh.Urazayev which investigated state and legal feature Turkestani the Autonomous Soviet Socialist Republic. “In the provision on the Turkestani Soviet republic, accepted at the fifth regional congress of Councils, an d some other documents of that  periodTurkestani Republic is called as “The federal republic”. The fifth congress of Council of Turkestan adopted the special resolution on the announcement of the Turkestani edge “Federal Soviet Republic”.The TurkestaniFedratian was understood as the union of areas of Turkestan. In some documents Turkestani as the Autonomous Soviet Socialist Republic was called as simply Turkestani republic of the Russian Soviet Federation. The ConstitutianTurkestani the Autonomous Soviet Socialist Republic of 1918 refused the use of  the term “Turkestani Federal Republic”[1].

In the subsequent adoption of the new basic law which become legal base of all sphere of public life of the republic was required. On July 10, 1918 at the fifth All- Russian congress of Councils the first Constitution of RSFSR was adopted. Adoption of this Constitution was important not only for the Russian state, but also became historically important for the whole world as in the history of mankind I appeared the new state and new system of board.

The main problems of public life, in particular political system, the rights and freedoms of the person, feature of the social, economic  and political and culture sphere of society were reflected in Constitution.

Adoption of the Constitution became one more basic of occurrence into structure of Russia of other republics. Having used this situation, the Republic Turkestan creates the special constitutional commission as a part of which the experts nominated by Turkestani Central Exucutive Committeeworked. The working commission submitted the draft constitution on 6 congress of Turkestani Council. On October 15, 1918, after rough discussions the first Constitution Turkestani was adopted by the autonomous Soviet Socialist Republic. 

Here is how the Uzdek scientists Agzamkhodzhayev A. and Urazayev  Sh. write about this period: “Round the draft constitution at congress ther was a fierce fight between communists and elements alien to the Soviet people. The left members of Just Russia and to them similar suggested to abolish in particular, in Turkestani the Autonomous Soviet Socialist Republic the National commissariat on national affairs which resolved very important issues.

Narkomnats’s task was “to watch the correct services of needs of nationalities by  public institutions, seeking to liquidated the remains of colonizer policy, and the actual carrring out in life og resolutions of the central bodies”. Enemies of workers tried as to achieve inclusion in the Constitution Turkestani the Autonomous Soviet Socialist  Republic article establishing for voters a five-year residential qualifications and other changes”[2].  

Adoption of Constitution Turkestani the Autonomous Soviet Socialist Republic bared a number of problems contradictions. First, Turkestani edge made a set of the small separate states. Secondly, being the multinational republic, it wasn’t observed prevalence of one nationality. Thirdly, large role played a religious factor, so the majority of the population of the Turkestani Republic adhered to radical Islamic religious beliefs. Fourthly, unlike other autonomous republics as a part of Russia the Turkestani Republic had objective features ( a far geographical arrangement from the centre of Russia, existence of huge territory, a large number of the population, etc.). The working group on preparation of the draft constitution of Turkestani the Autonomous Soviet Socialist Republic was feced hard, sometimes by insuperable tasks. In such  conditions developers took as a basis the Constitutions og RSFSR 1918. Despite it  theTurkestani autonomy keeps relative independence within the powers that receive reflection in chapter of the seventh Constitution.[3].

The Constitution Turkestani The ASSR of 1918 made special contribution to work  strengthening of statehood and ensuring stability in society. Despite it the relations to the Constitution it was ambiguous that generated mistrust and lack of will in the solution of important problems. ‘The Constitution Turkestani The ASSR of 1918 testified to  big workers og Turkestan. At the same time she spoke about a suspence of any questions connected with the theory and practice of the Soviet construction in multinational Turkestan. Soon life showed that the Constitution Turkestani the ASSR of 1918 , played the known period a positive role, ceased to reflect futher developed between Turkestani the ASSR and RSFSR relationship. Ther was a question of modification of the Constitution”[4].

The eighth congress of Turkestani Councils made the fisrtchages and additions to the Constitution which limited powers of congress. The Commissariat of  foreign  affairs with delegation of power to the central body was abolished. Changes occurring in the republic excited the public and caused open discontent of the intellectuals. For example, on February 1920 at the III regional Muslim conference questions of the constitution and a situation in Turkestani were considerd by the ASSR. The report “About the Turkestani autonomy and the constitution” was made by the chairman of the Central Election Commission Turkestani as the ASSR TurarRyskulov. According to his report the resolution was adopted: “ To consider the Turkestani autonomous republic as the national Soviet republic” the Turkic people. In the resolution Ryskulov and his  followers  was offered to replace with the name “Turkic republic of RSFSR” suggested to revise this point of view the Constitution Turkestani the ASSR[4].

Therwasa great number of opponents of idea of T.Ryskulov, some having used the situation suggested to dismiss Turkestani the ASSR and to creat the national states. Certainly, the Center couldn’t agree with it. For permission of existing disagreements in March,1920 the Provision on the Central committee of the Turkestani autonomy was accepted. Despite it, the Central committee didn’t confer to the Turkestani republic powers in realization of external relations and defense. The central committee Turkestani the ASSR for full centralization of the government made on June 29, 1920 the special decision ‘On the power organization in Turkestan”. According to the decision the institute of special permanent mission of the Central Committee Turkestani is created by the ASSR.

“The Central Committee  of RCP (b)  and after the adoption of Provision on an autonomy of Turkestan directly dealt with an issue of relationship of the center and Turkestan. In the decision of Central Committee of RCP of June 29, 1920. “About the power organization in Turkestan” it was specified that in Turkestan existence of permanent mission of VTsIK, SNK and RCP Central Committee to which it was assigned is necessary: a) direct management of those areas which make exclusive competence of the federal authority; b) control in carring out in life of directives and degrees of the central power, and stay or change of these directives and decrees as their adaptation to local economic and living conditions, coordination and delimitation of interests of separate national educations is equal in Turkestan” [5] also.

On the basis of the above decision the Central Committee adopts the special resolution “About th e Turkestani Republic” regulating relationship between federal and local bodies. Therefore competence of government bodies of the Turkestani republic was defined. The solution of especially important and  main problems remained in competence of federal bodies.

Acceptance of the new Constituion was on September 24, 1920 result of carring out reforms. According to the new Constitution the solution of such main questions, such as the external relations, the military relations were, etc. transferred to department of the Central federal authorities. We will note that the Constitution consisted of 6 sections, 20 heads and 110 articles[6].

Thus Constitutional and legal development of the Turkestani republic is closely connected with policy of the Central Committee of RSFSR and a political situation in the region.

The used literature

1.                      UrazayevSh.Z. Turkestanskaya Autonomous Soviet Socialist Republic and her state  and legal features. – Tashkent: State publishing house Uzbek Soviet Socialist Republic, 1958 – Page 62.

2.                      Agzamkhodzhayev A., Urazayev Sh. Development of the Constitution Uzbek Soviet Socialist Republic. –Tashkent: State  publishing house Uzbek Soviet Socialist Republic, 1957.  – Page 30.

3.                      The constitution of the Turkestani Republic of the Russian Socielist Soviet Federation, accepted by the VI-thTurkestani Congress of Councils of October 15,1918. – Tashkent, 191. – Page 8.

4.                      UrazayevSh.Z. Turkestanskaya ASSR and her state and legal features. – Tashkent state publishing house Uzbek SSR, 1958. – Page 68.

5.                      TsGA of the Republic of Uzbekistan, fund 25, on 1, nn 7-8.

6.                      The Constitution of Turkestani Republic of the Russian SSF, accepted by the XI-thTurkestaniCongres of Councils of September 24, 1920. – Tashkent,1920. – Page 6.