Ahatov U.A.
Associate
professor of Al-Farabi Kazakh
National University
The main features of public administration in
Turkestan in the late XIXth and
early XXth centuries
End of the XIXth and early XXth century, the legal life
of Turkestan was marked by rapid execution of the Russian colonial laws with
all of its features. Russian Empire began an aggressive policy in Turkestan
with destruction of the principles established in the state of the legal system
for centuries. This reflected in the life of the society living in the region.
Mechanism of traditional state power was disrupted, replacing machine of
colonization did not give the expected results. The traditional system of
governance, which became the basis of democracy of the steppe nomadic society
began to disappear. One of these democratic mechanism was the judicial.
Judicial power in Turkestan created the conditions for the existence of two
hormonal systems, keeping current environment of political and legal entities.
Firstly, due to the dominance of Islamic
people in the region, adapted to the people representatives of the Muslim world
- the courts "kazi" which were a reflection of the steppe democracy
and courts of "biy", which also existed and were complementing each
other. Of course, if the courts "kazi" were giving some freedom to
some bureaucratic actions, the courts of "biy" were doing their job
in the best of their ability. Over time, the traditional system of biy courts
began to fade and started representing more imperial policy. At the beginning,
the Turkestan consisted of the Syr-Darya and Semirechenskaya areas, later on
using their aggressive policy, there were other regions included. "At
first Turkestan consisted of Syr-Darya and Semirechenskaya areas. After the
final abolition of the Cocand Khanate in 1876, its territory under the name of
the Fergana region was included in the Turkestan region. In 1887, Samarkand
area was also included in Turkestan region, and in 1889, Trans-Caspian region
was included as well. The capital city of Turkestan and where the
Governor-General was established, later on became city of Tashkent. The
regional center of the Syr-Darya region was Tashkent, Semirechenskaya - Verniy
(Almaty), Ferghana - New Margelan, renamed in 1907 to Skobelev (Fergana), Samarkand
- Samarkand and the Trans-Caspian region - Ashkhabad (Ashgabat)"[1].
In exercising its power in Turkestan
czarist Russia pursued a few easy goals. Firstly, the effectiveness of
Turkestan, as a trade zone between Iran, Afghanistan and India, and the establishment
of economic relations across the region was very acceptable. Secondly,
Turkestan was interesting as an agricultural land. This meant that the demand
on agricultural products could be satisfied by using this region. Thirdly, the
region was rich in natural resources: "Turkestan has abundant natural
wealth for the development of the productive forces. The natural conditions of
the region were favorable for the development of the cotton, livestock,
forestry, sericulture, apiculture and other sectors of agriculture. The land
was rich in minerals. However, the rich possibilities of the region were used
quite insignificantly due to the domination of pre-capitalist production
relations. Huge areas of arable land were not used. So, in 1909 agricultural areas
were only 3.9% of the total land across the province, and with forests, this
cultural area reached 23.3%" [2]. Fourthly, tsarist Russia wanted to keep
the integrity of its southern regions. Fifthly, having the Turkestan made it
possible to control other regions of Central Asia. Sixthly, was to resolve its
own demographic problems. It also resettled other nations: "The imperial
government was exercising colonialist policy in Turkestan, resettling
"excess" populations of Russia to the region. The best lands in
Turkestan were given to the new settlers and the local population got the worst
areas. Tsarism cultivated national hostility and mistrust between the peoples,
implementing in practice the slogan of "divide and rule" [3].
Now, K.P. Kaufman was one of the
most trusted subordinates of Tsarist Russia. Governor-General of Turkestan has
concentrated in his hands both military and civil authorities. Turkestan up to
1918, before the establishment of Soviet power was controlled with specific
care [4].
After the capture of the Central
Asian nations, tsarist government established its dominance. In this regard,
the Russian Empire in the control over the province was supported by local
aristocrats: "In the period of joining the Central Asia to Russia, the tsarist
allies showed up. These were the many khans, lords, merchants and other Uzbek,
Tajik, Kazakh and other exploiters who gave up to tsarist generals their cities
and fortresses to get their support in the fight against their own people, for
the preservation of their power, titles, awards, profit" [5].
Turkestan was managed by the
Governor-General, who was appointed and dismissed by the Tsar of Russia. The
Governor-General had the authority associated with the domestic and foreign
policy of the region. He is endowed with great economic power in the region. In
the prescribed manner he distributes the funds allocated for the construction
works and projects on his own. The Governor-General had the judicial power too.
If necessary, he could punished the law-breakers without trial and court. With
the consent of the Ministry of Internal Affairs, he was authorized to be exile
from the province politically undutiful local residents for a period of 5
years. Also had the authority to expel foreign nationals.
Opinion of the Board and officers of
the district was not required for the Governor-General" [7].
Administrative-police department
headed by the head of the county. County manager was appointed and dismissed by
the Governor-General with the advice of the regional governor. The power of the
county manager allowed him to keep the area in proper order. The county manager
controlled not only the police, but also the respective military units.
The updated and officially adopted
"Charter on the management of Turkestan" in 1886, the system of the
board villages was divided into three stages: 1) the settled communities, 2)
the nomadic communities, and 3) locations of Russian or other nationalities,
not the indigenous population.
The third category of settlements,
settlements of Russian or other nationalities, non-indigenous, lived under the
system of government of Russia itself. This was reflected in Article 116 of the
Charter: "Every village, populated by Russian and by non-indigenous
population, forms a separate rural society, and with development of
colonization - gradually formed townhouses of villages having mutual
relationship between each other. The rights and obligations of the village
elder, structure, objectives and procedures of village meetings were determined
by the rules established for the public management of rural inhabitants of the
empire. Before the formation of the rural counties of the district, they are
under chiefs of administration" [8].
Carried out in the region
administrative reforms have become judicial reform. Formed over centuries
judicial system in line with the ambitions of imperial Russia has undergone
dramatic changes. Based on the "Charter on the management of
Turkestan" in the region, there were global and regional courts formed. At
the discretion of the new vessels, there were a number of important issues
transferred, their power expanded. Based on the Articles 141 and 142 of the
Charter, the following issues were to their consideration: Crimes and offenses
1) against the Christian religion, and 2) the state of affairs, and 3) the
order of the Board, and 4) the State and society, and 5) the state and
district regulations, 6) Treasury
assets and income, and 7) social purity, 8) against the public peace and order,
9) against regulatory laws, 10) against the life, health, freedom and honor,
11) against the property.
According to the Article 211 of the
Charter the people's courts have considered the following cases: "1) all
cases of crimes and misdemeanors committed by the natives, with the exception
of Articles 141 and 142, and 2) all civil cases arising between natives,
subordinated to the same people's court, if these things are not based on
documents executed or attested by the participation of the Russian authorities.
" The reforms carried out by the Russian Empire and formed in the edge of
the control system caused the discontent of the local population. Besides the
revolutionary uprising of 1905-1907 in Russia had influence in Turkestan.
Frequent grievances of the local population to the circumstances. "In the
autumn of 1905 in Tashkent, Samarkand and other cities of Turkestan, the
striking workers, carried out the strike and staged rallies in Tashkent ... in
15 of October 1905 held a rally, which ended demonstration of Russian workers,
joined by workers of other nationalities, the urban poor, the petty bourgeoisie
and the farmers suburban villages " [9].
In this regard, the Russian
government has increased the number of supporters of a strong military power
and blooming at the edge of civil administration. The last words of the
governor-general of Turkestan Governor-General Kuropatkin can serve as the
argument: "We must ensure that we feared and respected. Love after
"[10]. This view is supported by many of the king's officials, "Most
of the king's officials are inclined to believe that the efforts of the
military administration of the province:" The Russian military power -
wrote one of them, - clearer and more impressive to the hushed crowd of native
than civil "" [11].
It is clear that Russia's participation
in World War I and as a result, attracting people of Central Asia as black
workers caused a wave of discontent among the local population of Turkestan.
The failure of the system of government of the Russian Empire led to the edge
of a revolutionary situation.
REFERENCES
1.
Urazaev S.Z. “Turkestan ASSR and
it’s state-legal features” (1958)
Tashkent. p. 13
2.
Address Directory of Turkestan region. Tashkent, Vol. Syr Darya
regional Statistics Committee (1910) p. 6
3.
Urazaev S.Z. “Turkestan ASSR and
it’s state-legal features” (1958)
Tashkent. p. 13
4.
Kastelsky Z.D. "From the
history of Turkestan (1865-1917)" (1980) Moscow. p.28
5.
Kastelsky Z.D. "From the
history of Turkestan (1865-1917)" (1980) Moscow. p.28
6.
Abramov I.F. "Regulation on
management of Turkestan region" (1916) Tashkent. p.11
7.
Urazaev S.Z. “Turkestan ASSR and
it’s state-legal features” (1958)
Tashkent. p. 16
8.
Abramov I.F. "Regulation on
management of Turkestan region" (1916) Tashkent. p.245
9.
Kastelsky Z.D. "From the
history of Turkestan (1865-1917)" (1980) Moscow. p.76
10. Kovalev P.A. "The crisis of the colonial regime and the reforms of
Kuropatkin in 1916" (1954) p. 42
11. Aminov A.M. " The economic development of the Central Asia
(colonial period)" (1959) Tashkent. p.86