История/2. Общая история.

Candidate of sciences Azhar Akhmetzhanova

KazNU named after Al-Farabi, Kazakhstan

Innovation of the Russian Empire in Kazakhstan

in the 90 of the XIX century

The Russian Empire with the aim to further reinforce and strengthen colonial power in Kazakhstan passed new laws in the 80-90 of XIX century: “Provision on Turkestansky Territory Administration” as of June 12, 1886 and “Provision on Uralskaya and Turgaiskaya oblasts administration” as of March 25, 1891 which, being subjected to some additions and amendments had been in force till the approval of Soviet Decrees of 1917 and those of the following years. In the Order on approval of the “Provision on Steppe Oblasts Administration” as of 1891 there were specified amount, needed to support the administration staff of the Territory “at the amount of eight hundred fifty seven rubles and twenty three kopecks.” (1); terms of introduction of the law in force “in force from January 1, 1892” (but due to he lack of funding in the state treasury, it was introduced from October 1, 1893) (2); regulations on the resolutions of legal cases; amount of cash duties, alterations and additions to several Articles of laws of the Russian Empire.

The code of laws of the Russian Empire of 1891 consists of 168 articles, united in the introduction and four divisions. The divisions are divided into chapters and paragraphs. Introduction of the law includes 12 Articles. It is mentioned in the first to the tenth articles of the provision about the quantity, names of oblasts and uyezds, their frontiers and the limits of the Steppe general - governorship.

The eleventh Article defined the position of Kazakhs of the steppe oblasts: “The aliens of the oblasts both nomad and settled shall enjoy the rights of rural inhabitants…” The twelfth one legitimated the policy of russification and Christianization of Kazakhs of steppe oblasts: “Aliens who accepted Orthodox belief are registered at will in towns and Russian settlements, without consent of community and without discharge orders, at that they are exempted from military charge for the term of life” (3).

The first division and the biggest one called “Administrative organization” and consists of 88 articles. The first Chapter “The Principal Administration of Akmolinskaya, Semipalatinskaya and Semirechenskaya oblasts”, the second Chapter “Local administration organization”, both divided into several divisions and subdivisions.

“Administration of aliens’ spiritual issues” is defined separately according to which it was “permitted to have own mullahs, one per volost”, but appointment and dismissal of such position was in the authority of a military governor. For construction of a mosque it was needed to get the permission in Akmolinskaya, Semipalatinskaya and Semirechenskaya oblasts from the Steppe general-governor, and as for Uralskaya and Turgaiskaya oblasts from the Ministry of Internal Affairs. The mosques must be maintained by Kazakhs themselves.

According to the law issued in the chief commander of the Steppe Territory was general-governor, to be assigned and dismissed by Tsar. He was assigned with unlimited civil and military power. He had the right to deport unreliable according to the political belonging aliens to other settlements for the term of not more than five years, having adjusted his actions with the MIA of Russia. There was a chancellery with large staff of officers under the general-governor office.

The oblasts were headed by military governors and oblast administrations. In Semirechenskaya and Uralskaya oblasts the military governors were also considered to be assigned atamans of Cossack troops. The law of 1891 clearly defined all regulations, in the extents of which military governors and their subordinates – officers in oblasts could act.

As for uyezds, still uyezd heads were absolute rulers. They totally controlled and coordinated all economic, social and political life on the spots, handled the activity of volost administrators and aul foremen. Article 39 empowered uyezd heads to punish aliens for insubordination to legal orders of authorities and for their deeds (disputes, fighting, disturbance of silence, disrespect and rudeness towards the authorities, disobedience to parents and insult of them) by means of taking under arrest for the term of not more than seven days or levying material penalty not exceeding fifteen rubles.

For prompt and quick execution of police obligations and orders of uyezd heads police servants, police officers, military teams were introduced. The local administration was divided into departments: in towns, of nomad population, of Russian settlements, Dunghans and Uighurs. The department of rural Russian population was organized according to the Articles of government organizations of the Empire. The Department of non-Russian settled and nomad population as it used to be earlier was implemented by volost administrators and aul foremen, elected for the term of three years. Maintenance of all the listed officials was assigned for the local aul communities as it was before. Volost administrators and aul foremen of the steppe oblasts was obliged to assist colonial administration and to realize all its instructions, to keep the order on the spots, to provide full and duly collection of taxes. For diligent service volost and aul officials were awarded with valuable presents, money, medals. There were provided several rights and obligations of the people’s judges in a number of Articles. In the Steppe Provision of 1891 special accent was put on the control over the activity of all volost and aul officials and Kazakhs. In case of minor disobedience the upper colonial officials could dismiss them. They could neglect approval of election results of volost and aul governors and to assign new polls.

The second division “Judicial organization” - “is in force on the basis of the regulations on judicial organization in Turkestansky Territory with additions and amendments” (5).

“Land Organization” division consists of two chapters: Land arrangement of nomad population and land organization of settled population. In Articles 119 and 120 it is mentioned that “lands, occupied by nomads and all the belongings of such lands, including forests… are declared to be state property… and remain in permanent public utilization of nomads on the basis of customs and norms of the present provision” (6). In was mentioned in Art. 126 that Kazakhs are “permitted to give the lands, located in the bounds of their winter sites for rent for the term of not more than 30 years of Russian origin for farming, establishment of factories and plants, mills and the like staff” (7).

The division “Taxes and duties” has three chapters: taxes from nomad population, taxes fro settled population and land duties. According to the Art. 137 nomad population was levied for benefit of the treasury with the tax of four rubles per yurt instead three rubles in the previous periods. All Kazakh communities were registered once in three years. All settled population paid labor tax for the assigned land plot, the dimensions of which were specified by the order prescribed by law. Apportionment of this tax was made by the resolution of rural meetings. According to the rules of the Charter on land taxes, it was paid in natural form or in money. In Cossack troops land taxes were paid in accordance with special rules. Real estate, factory and plant facilities, commercial operations and any entrepreneurial activity were tax levied.

In the process of implementation of the innovations of the tsarist Russian serious changes in the structure of colonial authority bodies took place. Staffs were enlarged, new positions were introduced, the number of police village constables, police officers, military teams increased. In 1902-1903 in Kazakhstan uyezds positions of pheasant chiefs were introduced which were governed by both pheasant and Kazakh population. On November 17, 1897 an addition to Article 17 of the Steppe Provision of 1891 was approved, reinforcing the right of general-governor regarding deportation of politically unreliable individuals of the local population.

The content of the Steppe Provision shows that the Russian Empire firstly, did not take into account the needs of Kazakh of the Steppe Territory; secondly: passed a law that gave birth to illegal actions of officials of wide-range colonial administration; thirdly: Articles 11, 12, 17, 37-40, 61-70, 78, 97-99, 119-120, 123-124, 136, 148-125 were not perfect, harmful and difficult to be observed; fourthly Alasha intellectuals openly raised the issue of the need to reconsider Innovation of the Russian Empire for Kazakh people; (8), and finally some officials of the tsar administration were involved into preparation of new law projects for Steppe Territory Kazakhs (9).

Bibliography

1. Materials on introduction of Russian political administration system in Kazakhstan. A., 1999, p. 227.

2. Central City Depository of the RK, f. 64, 1, 25, 338.

3. same as above p. 232.

4. same as above p. 243.

5. same as above p. 244.

6. same as above p. 246.

7. same as above p. 247.

8. “Kazakh” newspaper, A., 1998, p. 29, 40, 58, 61, 62, 192-193.

9. Central City Depository of the RK, f. 64, 1, 2249, 1-32.