The manual course contains materials on history of state and law of the Republic of Kazakhstan. In course questions of f
459 76 1MB
English Pages  Year 2017
In a manual the abstract of lectures on administrative law, the list of regulations and the recommended literature is gi
419 40 2MB Read more
The normative material in the textbook is provided as of May 31st, 2018. For students and lecturers at law schools who s
483 64 2MB Read more
This textbook considers issues of the general part of the Civil Law of the Republic of Kazakhstan. It is created on the
342 103 4MB Read more
The present textbook on the elective discipline “Modern Pushkiniana: new research and technologies” is intended for mast
366 116 2MB Read more
Бұл ағылшын тіліндегі оқу-әдістемелік құралы гуманитарлық факультеттердің студенттеріне арналған. Аталған оқу-әдістемелі
349 87 519KB Read more
Table of contents :
In June, 1844 the new «Provision on management of the Orenburg Kazakhs» was accepted.
The highest control of the Orenburg department was exercised by the Ministry of Foreign Affairs. The general control was exercised by the boundary commission consisting of the chairman, his companion, 4 advisers of the Russian officials, 4 assessors a...
The chairman of the boundary commission was appointed and left under the special decree of the emperor on representation of Asian department the Ministry of Foreign Affairs. His deputy was appointed the Ministry of Foreign Affairs.
Other officials were appointed the Orenburg military governor on representation of the chairman of the Boundary commission.
The boundary commission was divided into 4 offices:
1. Executive – was engaged in cases on supervision of subordinate administrative bodies.
2. Judgment – was engaged in consideration and permission of civil cases.
3. Criminal – was engaged in consideration of criminal cases, for commission which Kazakhs were subject to responsibility on is general to imperial to the legislation.
4. Financial calculating.
Private control was exercised of three sultans – governors dimachine and aul chiefs.
Sultans-governors were appointed from among Abulkhair’s descendants. At each sultan-governor the assistant, a clerk and 5 delivery men consisted.
Sultans-governors were appointed to indefinite time.
Dimachine and aul chiefs were appointed sultans-governors and were approved boundary the commissions.
In total from 1831 to 1841 31 distances along an ambit and steppe part of the younger zhuz were open, by 1857 their quantity increased to fifty seven.
Functions of dimachine chiefs were reduced to execution of orders the highest chiefs and to its implementation of police functions.
Aul elders were under direct supervision of dimachine chiefs. The same functions, as dimachine carried out. Besides, aul elders had to collect a kibitochni tax in the aul.
Reforms of the 20-40th years provided introduction of institute of trustees. 6 trustees from the Russian officials for settlement of disputes between Kazakhs and inhabitants of an ambit were appointed; For control of the Kazakh elders of its productio...
Main objective of introduction of this institute was restriction of the power of sultans-governors.
Characteristic features of the management entered on reforms of the 20-40th years were the bureaucratization and centralization of the power absence of the elective principle.
Useinova Gulnara Rahimzhanovna
Useinovа Karlygash Rahimzhanovna
AL-FARABI KAZAKH NATIONAL UNIVERSITY
G. R. Useinova K. R. Useinovа
HISTORY OF THE STATE AND RIGHTS OF THE REPUBLIC OF KAZAKHSTAN Educational-methodical manual
Almaty «Qazaq university» 2017 1
UDC 340(075) LBC 67.0я73 U 88 Recommended for publication by the decision of the Academic Council of the Faculty of Law and Editorial and Publishing Council of al-Farabi Kazakh National University (Protocol №4 dated 26.05.2017)
Reviewers: сandidate of Law Sciences, associate professor B.Zh. Kuandykov
Useinova G.R. U 88 History of the state and rights of the Republic of Kazakhstan: educational-methodical manual / G.R. Useinova, K.R. Useinovа. – Almaty, 2017. – 172 p. ISBN 978-601-04-2677-1 The manual course contains materials on history of state and law of the Republic of Kazakhstan. In course questions of formation and development of the state and the right independent Kazakhstan are taken up. This manual is intended for students of the higher educational institutions studying in «Jurisprudence».
UDC 340(075) LBC 67.0я73 © Useinova G.R., Useinovа K.R., 2017 © Al-Farabi KazNU, 2017
INTRODUCTION In the conditions of formation and development of the sovereign and independent state formation of national consciousness is impossible without studying of political and legal history of the Kazakh people. It's no secret that social science has long existed and partly still exists today, the view according to which, among the peoples, nomadic, including Kazakhs, there was no state due to the primitiveness of their societies and the lack of civilized principles in the organization of society. As a rule, such a position adhered to European researchers who claimed the best, that statehood Kazakhs appear in the fifteenth century – with the formation of the Kazakh Khanate; in general, it has been extended point of view, according to which the state of the Kazakhs formed in the eighteenth century after annexation to Russia. In fairness, we note that this theory has been large scale and distribution in the Soviet period. The main argument of this theory is the fact that the nomadic people allegedly missing one of the main features of the state – territorial. Feature of emergence of statehood in the territory of Kazakhstan is that the territorial sign of the state was replaced by tribal. In this regard it is possible to tell that the first proto states appear here much earlier than the 15th century. The history of state and law of the Republic of Kazakhstan is an independent historical and legal science. Independence of this science is defined, first of all by the fact that it has the subject and a method of studying Subject of studying of history of state and law of the Republic of Kazakhstan is emergence and development of the state and the right for territories of Kazakhstan. Methods of history of state and law of the Republic of Kazakhstan are a set of methods and ways by means of which the subject of this science is studied. It is possible to carry the following to methods of history of state and law of the Republic of Kazakhstan: general scientific, special it is also private scientific. By general scientific concern: the historical (chronological), philosophical, deductive, inductive, exegesis; to special – historical 3
and comparative analysis, systematic, periodization, statistical, retrospective, simultaneous, etc.; a private research – a comparative legal, disciplinary. Let us consider in more detail each of these methods: a historical or chronological (the essence of this method lies in the study of the state and the rights of both phenomena, consistently changing with time under the influence of typical study period of political and social environment); philosophical (the dialectic method is widespread); deductive (meaning that the study of law by means of logical operations from the general to the particular, ie on the basis of general historical processes determined private causes and phenomena occurring in the law); inductive (.. ie, elimination of the general laws of the right by comparing different kinds of particular facts); exegesis (study of law on the basis of his interpretation of historical sources); historical and comparative analysis ( ie, with a general analysis of the ideas of the right to study law and its development in individual historical stages); a systematic method (the study of the history of the state and law in this method is built on the basis of division of the science on the inside, ie the history of the development and formation of legal norms and institutions, and external, ie the history of the sources of law or authorities....); periodization (ie, the state and the law studied by dividing the story into separate time periods for the purpose of the most complete presentation of the material or release formational peculiarities of the state institutions of law and the state in a given time span of their existence); statistical (used in the study of the quantitative aspects of the historical process can detect the extent, prevalence, rate of development and other aspects of the historical process); retrospective (compares current events with past phenomena); simultaneous (simultaneous examination of historical events). It would be desirable to stop in more detail by private and scientific methods, i.e. those methods which are applied in jurisprudence. First of all the comparative and legal method, disciplinary, etc. belongs to private and scientific methods. As a rule, the comparative and legal method is used by comparison and opposition of two and more legal or state systems for the purpose of detection of the general, special and single properties. 4
The comparative and legal method dismembers on synchronic (synchronous) and diachronic (comparative-historical). The synchronic comparative and legal method studies the state and the right of two or several states of one era, and diachronic – different historical periods. Treat disciplinary methods a legallistic and standard and legal method. If the first method allows to understand sense of the precept of law, then the second, being guided by the analysis of structural elements of the rule of law, understands them as special type of logical judgment containing initial components of the legal instruction. Problems of history of state and law of the Republic of Kazakhstan are a studying and synthesis of experience of the past, detection of regularities of development of the state and legal institutes, studying of tendencies of development of the state and the right for the purpose of the possible forecast of development. The realization of problems of history of state and law is enabled on the basis of studying and the analysis: historical legal documents; legal monuments. The periodization of history of state and law of the Republic of Kazakhstan is under construction on the basis of two factors: features of social and economic development of society in the territory of Kazakhstan during the concrete period of time and feature of the state development. The place of history of state and law of the Republic of Kazakhstan in system of jurisprudence. The history of state and law of the Republic of Kazakhstan is closely interconnected with the theory of the state and the right. Object of studying of the theory of the state and the right, as well as history of state and law of RK is the state and the rights. However, if the history of state and law of RK studies emergence and development of the state and the right for territories of Kazakhstan, and also features of the concrete states of the people of Kazakhstan and legal systems corresponding to them in chronological sequence, then the theory of the state and the right studies the most general regularities of emergence, development and functioning of the state and the right in general. Unlike branch jurisprudence the history of state and law of the Republic of Kazakhstan studies development of the state and legal phenomena in their integrity, unity, interrelation and interdependence. 5
Difference between history of state and law of the Republic of Kazakhstan and history of state and law of foreign countries consists that the history of state and law of RK studies emergence and development of the state in the territory of Kazakhstan since the most ancient times and up to now, the history of state and law of foreign countries investigates formation and evolution of the state and the right outside Kazakhstan. Functions of history of state and law of the Republic of Kazakhstan: − ontologic function consists in knowledge and an explanation of history of the state and legal phenomena; − predictive function consists in forecasting of steady tendencies of further state and legal development; − scientific function consists in formation of the knowledge of emergence and development of the state and the right based on scientific achievements; − educational function consists in education of legal consciousness at youth; − ideological function consists in development of fundamental ideas about essence state and legal the phenomena in the territory of Kazakhstan. − heuristic function consists in opening of the new facts and regularities of emergence and development of state and legal tendencies in the Kazakhstan society; The history of state and law of the Republic of Kazakhstan possesses one of the leading places in system of legal education. Deeply and comprehensively it is possible to understand essence of the state and legal phenomena occurring now only on the basis of development of history of development of the state and the right. Studying of history of state and law of the Republic of Kazakhstan gives the chance to objectively estimate the modern state and the right, to predict their development.
Chapter 1 THE FIRST STATE ASSOCIATIONS IN THE TERRITORY OF KAZAKHSTAN Keywords: Saks, Paradaraya-Saks, Haomavarga-Saks, Tigrahaud-Saks, Massagets, Satrapes, Hunnes, Kanguyes, Uisunes, Shaniues, Gunmos, priests, commoners, ictus, commendation, Kagan, Hakan, Yabgu, shad, Elteber, Kara-Budun sofas.
1. Social and political system of Sak and Massaget tribes In the period from the VII century BC to IV century BC on the territory of Kazakhstan was inhabited by tribes of Massaget-Saks. Sources indicate that the Saks were divided into several groups - Paradaraya-Saks, ie. Overseas Saks; - Haomavarga-Saks, i.e.preparing haoma drink; - Tigrahaud-Saks, i.e.wearing peaked cap; - Saks, who lived near Sogd. On the territory of Kazakhstan was inhabited by two groups of Saks. They were Haomavarga-Saks and Tigrahaud-Saks. The last in the Greek sources are listed as Massagets. If the main occupation of Sak tribes was cattle, the Massagets are engaged also fishing. Sak-Massaget tribes worshiped the sun god for who sacrificed horses. The meaning of this sacrifice was the fact that «the fastest of all the gods befits the fastest animal». At the beginning of the first millennium BC Sak society in a period of intense disintegration of the primitive tribal relations and the formation of new forms of social organization. Schematically, the structure of the social system Saks are as follows: (family-related group), the tribe (nomadic community, which consists of several groups patronymic) tribal alliance (confederation of tribes of the genealogical roots, with Potestarian government functions and the initial form of statehood). An important social form was the tribe which is characterized by: its own territory, the name of the dialect, common religious beliefs and religious rites, the existence of the tribal council to discuss the affairs of the supreme leader-commander. The formation of tribal alliances in Saks were a transitional stage to the early-period, led to the creation of new bodies of public 7
authority – tribal council, the supreme leader, the organization of military commander. The new organization tribes turned them into an important geo-strategic force capable of resisting all attacks from the outside. Stories known Saks performances against the Persian kings Darius and Xerxes (VI -V century BC.), Alexander the Great and his successors (IV – the beginning of the III century BC) The social system is characterized by Saks three main groups: warriors, priests and commoners. Each group was of a certain color of clothing. Thus, the priests dressed in white, soldiers – in red, and ordinary community members – in yellow and blue. At the highest level of society were Sak kings who possessed great power. One of the characteristic features of the political system of that time – the deification, the sacralization of power. King belonged to the caste of warriors, he was also chosen of the gods, a mediator between heaven and earth, the center of the world, the bearer of earthly prosperity. Kings decided questions of war and peace, sent ambassadors to the Overseas Territory, led the army in military campaigns, made alliances. There was the so-called royal line from which the hereditary rulers. However, the most important affairs of state were decided at a public meeting. An institute «satrapy» played significant role in the Sak society. Satrapi called person put the king to control in any terrain or tribe. An important role in society has also played a military-tribal aristocracy. However, it should be noted that there was no institute officials characteristic agricultural civilizations in Sak society. The main role in the management of society played tribal leaders. At the head of the tribes were military leaders, elected by all members of the tribe. The powers of tribal leader: ruled his tribe; concerned about ensuring its weapons and food; on behalf of the tribe negotiated a truce or war. Each Sak man is free and a full man. Woman at Saks took almost an equal footing with men in working life, in war and in the assembly. Stories known names Sak queens Tomiris and Zarina. The regulator of public relations in Sak-Massaget society were customs. So, Saks developed a certain system of military customs, which we know from the Greek and Persian sources. Here, that describe the data source: «The military traditions Scythians following. When the skiff is killing the first enemy, he drinks his 8
blood. The heads of all he killed in battle a Scythian warrior brings the king. It only brought the enemy's head gets its share of production, and another – no. The skin from the head skinned as follows: Color range make an incision around the ears, then grabbed by the hair and shake his head out of the skin. Then the skin is purified from bovine meat rib and mauled her hands. Crafted leather Scythian warrior uses as hand towel, binds to the bridle of his horse and proudly flaunts it. Who has the most such leather towels, he is the most valiant husband. Some even from the flayed skin coats, stitching them as goat skins. Others of flayed with nails on the right hand of the enemy dead skin produce covers for their quivers. Human skin is really thick and brilliant and shining brighter than almost any other. Many Scythians finally tear off all the skin from the corpses of the enemy, pull it on board, and then carry it with you on horseback. These military traditions Scythians. With the heads of the enemies (but not all, but only the most evil) they do so. First saw off the skull to his eyebrows and scrub. The poor man's skull fits just outside rawhide cowhide and as such enjoys them. The rich people first adhesive qualities skull outside rawhide, and then still covered in gold leaf, and used instead of the cup. So the Scythians come even with the skulls of their relatives (if you quarrel with them, and when the court before the king one prevail over the other). Visiting valued guests the owner puts such a skull and reminds guests that they were relatives of his enemies, and he overcame them. Such an act is considered to be among the Scythians valiant act». Widespread Massagets have received custom in which every man marries a woman, but women are together. Ancient Greek sources inform about such custom, existing in Massaget as deep deprivation of life of the elders of their relatives. Control questions: 1. Call primary groups of the population in Massaget-Saks society. 2. What legal status of the woman in Massaget-Saks society? 3. What the essence of «satrapi» institute consisted in? Test tasks: 1. Basis of a social order of Massaget-Saks was made: a) soldiers, priests, community members b) soldiers, Tats and priests c) worker, soldiers, Coolah 9
d) soldiers, community members and Coolah e) zhataks, Coolah and soldiers 2. Satraps are: a) the king's deputies in the won territories b) vizier c) judges d) soldiers e) the highest public officials 3. Tribes of Massaget-Saks lived in the territory of Kazakhstan during the period a) from VII to the 4th century B.C. b) from VII to the 4th century A.D. c) from V to the 3rd century B.C. d) from I to the 3rd century B.C. e) from I to the X century A.D.
2. Military and democratic unions of Uisun, Kanguy and Hunnes Use of opportunities of economy with transition to nomadic and semi-nomadic cattle breeding; its combination to agriculture, development of craft and crafts, strengthening of commercial intercourses – all this led to formation of semi-nomad and nomad tribes of Kazakhstan. The big mark in the history of the most ancient Kazakhstan was left by tribes uisun, living in the territory of Semirechiye; Kanguy, living in the regions of Karatau and an average watercourse of the Syrdarya during the period about the 3rd century BC till the 3rd century AD. The first of these tribes mentioned by Chinese sources. According to the Chinese Ambassador Zhang Qian on Kazakh territory in ancient times lived four nationalities: Uisun, Kanguy, Janzay and yantsy; and on the first two tribes give more detailed information than the tribes Janzay and yantsy because the Chinese do not have them trade relations. Uisuns – one of the first early class associations on the territory of Kazakhstan. They consisted of 120,000 tents, 630,000 people; of them 188,000 combat-ready soldiers. However, scientists believe that this figure is somewhat exaggerated, since it does not take into account children and the elderly. 10
Uisuns spoke in the ancient language. The legend of the origin of Uisuns. It states that «in the beginning they lived in the east One day they were attacked by neighboring tribes, who killed their leader He was an infant -the son of one teacher left him swaddled in the grass, and he went to forage, and when he returned, I saw that the baby suckles wolf, and above them circling crows and holds in its beak meat. Realizing that the gods patronize the boy, the teacher took it to the king of the powerful people hun. The king of the Huns Shanyu loved and brought up the boy, and when he grew up, the set it to dominate Uisuns. He defeated the neighboring tribes and founded the Uisun state». Uisun’s main occupation was nomadic herding. Already holds a bundle of rich and poor in society Uisun. Wealthy families have owned 4 to 5 thousand horses. His horses are labeled, we put a brand (brand), thus defining their property. Warlords and major officials had gold and copper print, less noble – stone and clay. Private property was distributed not only on animals, but also on the ground. Rich leaders enjoyed the best pastures. Preserved the news that Uisun gunmo once decreed that no one was feeding the flock in its pasture. Thus formed relationships inherent in class society. At the head stood Usuns gunmo. Initially gunmo was elected leader, but he gradually usurped the right of inheritance of power. Gunmo performs an important economic and political functions. One of the most important functions was gunmo distribution pastures between different tribes and large pecuarii aristocrats. In the domestic and foreign policy gunmo greatly influenced by the armed people. During the conduct of external wars gunmo collecting people's militia and commanded them. When gunmo consisted officials following items: Xiang Da Lu, Thai-jian, Qi-chun and other gunmo rate was in the town of Red Valley – Chiguchen. Power of gunmo limited tribal elders and tribal leaders. Certain tribes Uisun lords ruled, and petty Tarkhans from among close relatives gunmo. In the decimal system was born in Uisuns troops, but it has not received development. Even up to 73 BC Uisuns territory was divided into 3 parts: the left (east), right (west) and the central. All three parts were under the supreme authority gunmo. 11
Between 64-51 years BC as a result of dissatisfaction with the intervention of the people in the succession of the Khan Empire, the people and the territory Uisuns they were divided into 2 parts: the great and the small gunmo. The composition of the Grand gunmo included 60 thousand tents, and the small – 40 thousand tents. Approximately at the same stage of development were Kanguy. Kanguy population numbered 200,000 tents, 600,000; of them 120,000 combat-ready soldiers. At the head stood Kanguy Prince, bearing the title «gunmo», in whose hands were concentrated all power. Under Kanguy power were five small principalities – Sousse, Phouma, Yueni, Guy and Yuegyan. These principality had to pay tribute. There is income inequality in Kanguy tribes. In the hands of the nobility concentrated enormous wealth. The rest of the population becomes dependent on the noble and wealthy elders and military leaders-leaders who used their power to keep him in obedience. Authorities have Kanguy tribes began to move through the generations – from father to son. Wars have become a means of enriching the wealthy. The prisoners were paid in slaves. But the character of nomadic pastoralism impeded the development and establishment of slavery. For rich family labor of members of the community it has been profitable slave labor, the contents of which require food costs. A member of the community itself to earn their living, and at the same time he worked on his master. The social structure of production of slave labor could not make a significant weight. Slaves, mainly engaged in cooking, caring for animals, process various raw materials. Wealth inequality has led to the exploitation of man by man. According to ancient sources, in the second century BC Kanguy ruler became be the first in the history of the nomadic peoples of Asia code written laws. However, the content of those laws remained unknown. In the VI century BC the consolidation of the tribes who lived in the northern borders of China formed two tribal union Huns and Tungus. A significant mark in the history of Central Asia and Kazakhstan left syunny (Huns). They increased to the III century BC. 12
The issue of ethnic Hun is still unclear. However, most scientists believe that the Huns were pro-turkic, and the term «Hun» is more political sense than ethnic. The incentive to join Hun tribes was a fierce struggle with China, which lasted for more than 4 centuries. China has repeatedly attempted to enslave the Huns. However, the Huns have repeatedly achieved significant success in the confrontation with its neighbor. In 188 BC after a number of successive victories Khan Empire was forced to sign a contract with Mode «for peace and kinship». According to the agreement Shanyu got a wife Chinese princess, and the Han Empire has committed to pay an annual tribute to the Huns. Under the rule of the Huns was a vast territory from the TransBaikal to Tibet, from East Turkestan to the middle reaches of the Yellow River. Hun Power was huge, but extremely fragile. The struggle for power, internal conflicts have led to the fact that in I century BC Hun empire began to disintegrate. In 47 BC Power Huns split into two parts: the southern and northern Huns. Southern Huns, taking Chinese citizenship were included in the Khan Empire, while the northern Huns, led by Zhi-Zhi Shanyu waged a bitter struggle with China for another quarter century. Being subjected to constant attacks from China, they were forced to migrate to northern Mongolia and northern part of East Turkestan, and then clicking the Tien-Shan, the Huns came into contact with the tribal association Kanguy. Kanguy governor hoped to find in the face of the Hun allies in the fight against Usuns. However, Zhi-Zhi Shanyu refused to obey the local customs, for which he was expelled from the rate Kanguy ruler. Unlike Uisuns and Kanguy Huns were more sophisticated device power. The highest power of the Huns reached when the leader Mode (209-174 century BC). His name is linked to the consolidation of the Huns. Mode held a number of administrative and political reforms that have turned the Huns in a mighty power. Hun Union was divided into 24 parts, led by tribal chiefs. Each clan was part of his army-militia. Widespread Huns received military-decimal system. The army was divided into total union of darkness, thousands, hundreds and tens. The highest authority in public education Huns belonged to the supreme ruler bore the title «Shanyu», i.e. «the greatest». When Shanyu was the royal council, elected from among the members of the 13
ruling family and six assistants, representatives of tribal groups. He obeyed princes temniki. They were sons, brothers or relatives Shanyu. Total generals twenty-four – the number of births. Each of them had his own plot of land for migrations. General in their possessions could appoint thousanders, centurions. Shanyu could deprive the guilty of generals possession, we had the same right with respect to generals of thousands, and captains over hundreds ten'ses managers. Positions and the higher ranks of the Huns had a hereditary character. For the content of the administrative apparatus to collect taxes. If there is still a generic build a new relationship began to form in the Hun society. There were private and family and personal ownership of cattle and land. At the Xiongnu were slaves from among the prisoners of war of the population subservient areas. Slaves were used as domestic servants, shepherds, tillers. Control questions: 1. Give definition to military democracy. 2. Why the unions of uisuns, kanguys and hun call military democratic? 3. Characterize a social and political system of uisuns, kanguy and hun? Test tasks 1. The title of the Supreme governor of Uisun was called: a) gunmo b) shanju c) gurkhan d) hakan e) Kagan 2. The title of the Supreme governor of hunn was called: a) shanju b) gunmo c) khan d) kagan e) gurkhan 3. Find the incorrect answer: The basis of a social and political system of uisun consists of: a) soldiers b) Tats c) Coolah d) Tulenguts e) zhataks 14
3. Social and political system of a Western Turkic Khaganate Education of Western Turkic Khaganate The first mention of the name «Turk» dates back to the year 542. The 546 year tirek tribes undertake an expedition against the Avars, who lived in the southern and central parts of present-day Mongolia. However, the Turkish leader Tumen sudden and strong cast managed to intercept tirek army of 50 thousand soldiers. According to the established common law prisoners steppe warriors are automatically included in the victorious army. From this period the Turks are the main and the main rivals of the accident. An expression of this was the demand of the Turks in an accident on the issue of the Tumen Princess of Avar kagan home. Failure of the Avar Kagan Anaguya served as the formal basis for the beginning of military operations against the Turks accident. In the spring of 552, the Turks attacked the Avars and inflicted a severe defeat them so that the Avar Hagan Anagui committed suicide. Since then, the Turkish rulers take Khagan title, claiming themselves the successors of the accident. Later the Turks won a number of victories. In their charge was a huge area, which could not exist for a long time within the framework of which began to emerge yet statehood. Country Turks did not represent a single economic and ethno-political body, able to withstand the pressure from within and without. In 603, the Turkic khanate broke up into two parts: East and West. The reasons for the collapse of the Turkic khanate: 1) exacerbation of social contradictions; 2) jute; 3) offensive of Suu China; 4) autonomy of areas. Western Turkic khanate occupied «Uisun ancient land». Center for Western Turkic khanate was Suyab city. The core of the Western Turkic khanate began ten tribes, On Ok ely – the state ten arrows. In agricultural regions of Western Turkic khanate it was approved six districts. Each district engaged in certain Turkic tribe. The social system. 15
The dominant form of property was a family private ownership of livestock. The population of the Western Turkic khanate was engaged as the nomadic cattle breeding and agriculture. The development of socio-economic relations in kaganate occurred in connection with similar processes in other parts of Eurasia, proceeded in line with the formation of feudal relations, but had its own peculiarities. The entire population of the Western Turkic khanate can be divided into two groups: the privileged and unprivileged. The first group includes representatives of Kagan and Kagan kind. For non-privileged sections of the population concerned Budun kara (black, simple people) – is a free small freemen herders; tatydependent population sogdo permanent settlements and towns on the territory of Jeti-Su, engaged in trade, agriculture, and is subordinate Turkic Hagan; kuly- slaves. Slavery in Western Turkic Khaganate was of the patriarchal (home) character. Slaves generally performed housework. In social terms, the tribes in the Western Turkic Khaganate divided into aristocratic and vassal. Vassal tribes carried a number of duties. The main duty of which was, bearing the name «blood tax». According to this trespass all men-warriors vassal tribes were part of the military overlord of the tribe. On the subordinate tribes went to all the hardships of war. In addition, the subordinate tribes were obliged to pay tribute in the form of skins, furs, etc. in favor of the tribe overlord. Political system. At the head of the Western Turkic khanate was Kagan – the supreme ruler, priest, military chief. Nominally, he was dependent on the East Turkic khanate. Kagan carried out internal and external functions, claimed the elders. In its activities, he relied on Kagan know of dynastic moieties. Kagan convened by the Council, consisting of members of the genus Kagan. Kagan also owned the right to manage pastures; He judged the disputes between tribes. The second person was in kaganate ulug. To top officials included: Yabgu, shad, Elteber. They belonged to the Kagan family. 16
Initially Yabgu shad and commanded the left and right-wing forces. And he commanded the center of Hagan. Judicial functions performed Buruk and Tarkhans. Tarkhany also were governors in the districts and tax collectors. However, if the governor appoints a person not belonging to the genus Kagan, it is given the title «tudun», i.e ruler. Warriors personal retinue Kagan wore the title «oglan». In kaganate there was a special order of succession. The throne was succeeded by the younger brother of senior and senior of thoroughbreds from junior uncle. All relatives Hagan wore tegin title. The Right of Western Turkic khanate. The main source of law in the Western Turkic Khaganate was the custom. However, sources say little about the customary law of the Western Turks. The main object of private ownership of slaves, livestock, tools, consumables. The earth was in general or tribal property. The right to dispose of land owned by Kagan and Kagan representatives of the genus . For family and marriage law is characterized by the presence of the institute polygamy. Marriages were gradually acquiring class character. The woman was dependent on men. Woman’s property disposed of before the marriage the father and husband after marriage. The father had the right to give his daughter to a debt or sold into slavery. In the field of criminal law for serious crimes are crimes against Kagan; murder; kidnapping tangled horses; adultery. For the commission of these crimes convicted the penalty is death. When protecting property and nomad person applied the principle of «composition», ie the punishment was replaced ransom. Control questions: 1. What are the basis of the social order of the West Turkic khanate. 2. What are the functions Kagan? 3. What areas of public life regulate Legal Code of the Western Turks? Test tasks: 1. What was the name of the ruler of the main title at the Western Turkic Khaganate? a) Kagan 17
b) Khan c) Shanyu g) Sultan d) Emperor 2. The basis of the social order of the West Turkic khanate were: a) car Budun b) workers c) rich people g) warriors e) priests 3. Senior officials in the Western Turkic Khaganate were: a) Yabgu, shad, Elteber b) bi, akin c) Akhun, Oglan g) sharua
4. The state of Karakhan people – the early feudal monarchy In the middle of the tenth century in the Semirechiye was created Kara-khanid Khanate. The basis of Karakhanids amounted tribes Karluk confederation: Yagma and Chigils. The founder of the state is considered to be Satuk Bogra – khan. In 960 – 969 years karakhanid’s state religion becomes Islam. Since then, the state Karakhanids becomes the subject of international legal relations based on the Islamic religion. The main occupation of the population was extensive nomadic and semi-nomadic pastoralism. However, in the XI-XII centuries in the Semirechiye and the southern part of Kazakhstan Turkic tribes passed to agriculture and attached to the urban culture. A special feature is the presence of Karakhanids institutions such military-feudal system as iqta and recommendations. Iqta – is the right to collect taxes from the settled population. The holder of iqta called iqtadar or mukti. Content f iqta and rights of iqtadar strictly regulated. Institute of iqta did not provide a legal attachment of peasants and artisans to iqtadar, but he was obliged at the first request of the governor to come with his men on military service with arms and ammunition. 18
The central state machinery of the state of Karakhanid was divided into two parts: dergakh (palace) and sofas (offices). The head of all court state was ulug hass-hadzhib which at the same time was Hakan’s adviser and his eye of Omniscience at court. The yard of the governor was called kapug. All internal affairs were run by the butler – kulug bashy. He had to watch the treasurer – agycha, operating on reception of guests – biruk and others. Places of honor were taken at court the clerk – bitigch and the secretary – a ylymga. In the state of Karakhanid the system of branch offices was created and developed. Viewfinder was at the head of all this system. In a Khanate there were following sofas: mustavfy – a financial sofa, an insh – a diplomatic sofa, suhyb ash-shurat – the military sofa, sahyb is scarlet-barid -a post sofa, mukhtasib – the sofa exercising control of order in the market, mushrif – the sofa exercising control of the income and expenses of treasury, and also other public affairs goat – a judicial sofa, waqf – a property sofa. To officials for revenues to service except their origin, it was also required to have a certain knowledge. They had to know the Koran, norms of Shariat, the main sciences, and also Arab and Turkic languages. A great influence in the affairs of government enjoyed the Muslim clergy. The head of the entire priesthood was Shaykh al-Islam (the head of Islam), then the hierarchy was khatib (preacher). A significant role in the state Karakhanids played army. The main strategic goal Hakan was conquering territories. The military campaigns have all adult males were involved. If the original Karakhanids army was a tribal militia, then over time it has become a regular army, which consisted of two parts: postyaonnogo troops and tribal militias. The army consisted of foot soldiers and cavalry. The entire national territory was divided into fiefdoms. The rulers of principalities were titles, Arslan Khan, Bogra Khan Arslan tegin, Bogra-tegin. Specific system gave rise to strife and frequent changes of khans, governors. Possessor of large portions, often only nominally recognized the power of their overlords. Approximation Khakan was vizier – the adviser and assistant. Hakan Palace was considered the main rate and the center of political rule in the rate of concentrated 19
higher officials of the state apparatus. But the power Khakan (head of state) – was in fact limited to the rulers of appanage. In the agricultural districts of the administrative management system has kept much of the old structure of the Samanid Khanate. In particular, the functioning rural and urban chapter (Mehtar, Hakim, Rais), postmaster, financial and tax departments. In the steppe nomadic areas of the administration of the nomadic communities was carried out through the tip of the tribal – elders, subordinated ilchibasham, ie beks, who acted as head of the ale. Becks endowed with the fullness of administrative, judicial and military authorities in their ales, subject in turn, ilek, ie rulers of principalities. Ilek had, like Hakan, their palaces, were in charge of management of urban and rural districts. Main nomadic population of Karakhanids was under the jurisdiction of the court Beks, decide cases on the basis of customary law (Torah), and in the cities and agricultural areas, as well as customary law, acting system of Shariat law. In Karakhanids existed following forms of land ownership: state, Khan, feudal awards for service, mulkova and waqf. Not taxed Khan's land. The population of the state was subject Karakhanids kharaj – land tax. In some areas kharaj levied in the form of money, in other – in kind, in the third – in a mixed form. Another type of taxes levied on the population was zyaket. Zyaket levied cattle. It should be noted that a single central government with all its attributes was formed when Karakhanids. Due to the fact that Karakhanids territory as a result of wars of conquest is constantly expanded and was huge, it was divided into numerous fiefdoms with unstable borders. Subsequently, it was one of the reasons for the collapse of Karahanid state. Specific rulers had more rights, up to the minting of coins with his own image. Vassalage relationship was multistage. Between the specific rulers often were military rivalries and clashes. Thus, the state system Karakhanids characterized by a combination of a developed bureaucracy, control all important government areas of life, and at the degree of decentralization and autonomy of administrative units. It is this contradiction led to the weakening and disintegration of the state at the end of XII – early XIII centuries. 20
Control questions: 1. Call the main institutes of military-feudal systems in the state of Karakhanid. 2. What types of duties were widespread in the state of Karakhanid? 3. Who possessed judicial authority in the state of Karakhanid? Test tasks: 1. Innovation in the state of Karakhanid was: a) introduction of decimal system b) administrative division on destinies c) introduction of system of offices d) introduction of titles of hakim and mekhtar e) introduction of a title of Hakan 2. Sofas are: a) Council of War b) branch offices c) courts d) city heads e) rural heads 3. Mekhtars are: a) judges b) military leader c) viewfinder d) city and rural heads e) chief of tax department
Chapter 2 THE STATE AND THE RIGHT OF KAZAKHSTAN IN XIII – XV CENTURIES Keywords: horde, khan dzhasak, bilik, yarlyk, ulugbek, vizier, atabek, inaki, ichki, darugi, bii, edegeidy, Genghizids, Kazakhs, merchants, Nuraddin, kekovat, Taibura, karaduvan, murza
1. Social and political system of the Mongol Empire In 1206 Temujin was proclaimed all Mongolian Kagan and received the title of Genghis Khan. Mongolian State Education contributed to the consolidation of the past few related tribes into a single ethnic group, and the cessation of wars between bodied. Genghis Khan ruled the state alone. He was surrounded by vizier, who know writing and foreign languages. He divided the empire into 95 administrative tumens, 10 thousand soldiers each. Tumens consisted of aimags. Each thousand soldiers divided into hundreds and tens. Command and control system began with tens. Region, Tumen, thousands of rules the next of kin of Genghis Khan and noyons – representatives of the Mongolian nobility. All Mongolia was divided into three military-administrative region: Right wing (Barungar), Left Wing (Zhongar) and the central wing (Kul). The highest state authority was Kurultai. It meets once a year in the summer. It developed war plans. After China, Genghis Khan was getting ready for the trip to Kazakhstan and Central Asia. He was particularly attracted to the flowering of the city of South Kazakhstan and Zhetysu. To carry out his plan, he decided through the river valley Ili, housed the rich cities and the rules of Naiman Khan Kuchlug which Genghis Khan considered his enemy. For the purpose of conquest and defeat Zhetysu Kuchluk Khan sent an army led by one of the commanders – Zhebenoyon. In 1218 Zhebe units together with the forces and Almalyk Koilyk rulers opposed Kuchluk. At the same time the Mongols allowed the Muslims public worship, banned earlier Naiman, which contributed to the transition of all the settled population to the side of the Mongols. 22
Kuchlug, unable to organize the resistance, fled. Residents Balasagun opened the gates to the Mongols, for which the city received the name of Gobalyk – «good city». Before Genghis Khan opened the way to the limits of Khorezm and Maverannahr. As a result of the hostilities 1219-1241 territory of Dasht-iKipchak and Maverannahr became part of Genghis Khan’s empire were divided between his sons. The eldest son Jochi, he gave the land of Saryarka and farther to the west, to the south – to the Caspian and Aral seas. Of the Central Asian possessions in his ulus includes areas the lower reaches of the Amu Darya – the northern Khorezm. The rate was in Irtysh Valley. Second son of Genghis Khan – Chagatai got Maverannahr, Zhetysu, its rate was in the valley of Ili. Third son Ogedei Genghis Khan singled out Western Mongolia and Tarbagatay, his bet was located near the present Chuguchak. Tuluy succeeded his father Ulus – Mongolia itself. Along with the division of the conquered territory, Genghis Khan has given his army. His army at this time approximate data employs 129 thousand people, of which 101 000 was transferred Tuluy, other sons – for the four thousand, the remaining 16 thousand were distributed among relatives. Places of Jochi, who was succeeded by his son Batu, were called Ulug Ulus – «Great Ulus». After Genghis Khan’s death in 1227, the relationships between his sons were almost stopped. Genghis Khan carried out a number of radical reforms on strengthening of the centralized military management system of public administration, suppression of any manifestations of separatism. The state of Mongols was arranged by the principle of the military organization. All territory and the population were divided into the center, the right and left wing; the decimal system was the cornerstone, the most strict discipline and the accurate organization was established. The personal guard – a support of the khan was formed. At Genghis Khan the guard consisted of soldiers of an aristocratic origin. The darkness – 10 thousand soldiers was the highest military unit, but was ещ and is hard – 100 thousand soldiers was heavy (swordsmen) and an easy cavalry (archers). Mongols applied various methods of fight – feigned flight, the opponent's enticement in an ambush, were at war the well-known «Mongolian lava» to five 23
parallels of soldiers. For strengthening of positions of a ruling dynasty all nearest relations of the khan received large destinies. Thus, formation of administrative structure of the medieval Mongolian state can be referred to a boundary of the 12-13th centuries when Timudzhin was for the first time proclaimed by the khan group of the associates. Then future Genghis Khan called kurultai on which he distributed between the closest associates of function on management of various spheres of the state activity. The structure of management created by Genghis Khan at the first stage of formation of its Empire was not only branched, but also multilevel. Judicial system A specific place in a control system was held by the bodies given the right to consider and resolve various social conflicts connected with violation of the established rules. The persons who are responsible for compliance with law in the state were called zargach. At the heart of the organization of courts the numerical system according to which the persons holding averages and the highest military positions carried out judicial functions was put. Connection of military and administrative and judicial functions was characteristic of many medieval states. So, the centurion had the status of the associate judge in relation to the chiliarch and the ten-chiliarch, in turn, was higher in relation to the chiliarch. Right subjectivity of the persons which were carrying out justice was shown in their powers. In the 13th century of function of pretrial investigation and judicial investigation were not divided. Therefore investigation of crimes and purpose of a measure of punishment for perfect illegal acts was business of a zargach and bagatur-heshigten. Attraction to an exceptional measure of punishment – to capital punishment was a prerogative of the khan. On places judicial functions carried out chapters of local administrative and territorial units. So, if the crime was committed in the territory of the city or against interests of the city, then it was considered in city court. The position of the city judge was below a position of the chief judge. The city judge personally carried out functions of preliminary 24
investigation, judicial proceedings and pronounced a sentence. For removal of the correct sentence on the difficult, confused affairs the city judge had the right to carry out audit of all procedural documents sent by rural judges. The rights of the rural judge were limited, in particular he had no right to carry out judicial proceedings, to make the decision, to grant the certificate on a right of possession real estate. In fact, the rural judge did not possess judicial powers, and carried out support functions. Under Genghis Khan’s decree territorial jurisdiction of affairs according to which courts shared on field and usual, «house» was established. The affairs connected with the descendants of the khan, citizens who had the territories and possession belonged to jurisdiction of field (military) courts. Field affairs understood in the territory of the military settlement military leaders or heads of local territories. At taking office of the judge recited the oath of the following contents: «Since today I will strictly fulfill all obligations, without evading from the law and without crossing it in all affairs connected with legal proceedings, regulation of controversial issues, reconciliation of the conflicting parties. In case of violation of the oath I am ready to bear any punishment. I take myself in witnesses of faithful and reliable people from society». In case of violation of the oath the judge was displaced from a position, and also could be sentenced to corporal punishments. As content of judicial responsibility coercion from the khan power acted. Carried judicial responsibility. The guarantee of the independence of judges was established by Genghis Khan rule of the court prohibiting the impact from the activities of judges. The one who started the «illegal business», or a court decision made by coercion, should severely beat up, shaved his beard, put on the top of an ox and a drive around the city. Curb arrogant and contemptuous attitude to the court, for which he provides for criminal liability. Right Education Mongolian state at the beginning of the XIII century led to the need for a common, fixed written legal norms and legislation Legal Code for governance. For this purpose it was adapted customary law, subjected to the codification and changes to meet the new 25
conditions. Code of laws and regulations is called «The Great Yasa of Genghis Khan». However, many researchers note that «Yasa» was originally probably represented a codification of unwritten Mongol customary law and contained mostly the list of punishments for serious crimes. In the following (apparently, during the conquests of Genghis Khan to Central Asia and China) Yasa of Genghis Khan has been modified and supplemented. Text Yasa of Genghis Khan was not preserved. There are only fragments of it in the transfer of Persian, Arabic and Armenian authors of the XIII century. There are no surviving complete copy of the Great Yasa, although eastern authors XIII – XV centuries show that such lists existed. According to the historian Juvayni (1283), a similar list kept in the treasury of every descendant of Genghis Khan. Mongolian term «jasa» or «dzhasak» means «behavior» or «decree». Yasa consisted of two parts: Bilik – a collection of sayings of the Genghis Khan, containing thoughts, instructions and decisions of the legislator, as a general, theoretical nature, and expressed on the various specific cases; dzhasak – a set of sectoral laws with the establishment of penalties for non-compliance. Dzhasak contain criminal law, religious prohibitions, as well as rules governing the bases of the military organization and discipline, the distribution of the spoils of war. Revealing the contents of the Great Yasa it can be said that it included the five major groups of decisions: 1. Regulation containing provisions relating to civil order and internal management. 2. The provisions containing military standards. 3. The provisions containing criminal law. 4. Regulation containing rules of private law. 5. Regulation containing special provisions of domestic nature, steppe customs Yasa contains the following commands: read virtuous and innocent; respect the scholars and sages of every people; to love each other; share food; do not steal; do not commit adultery; not bear false witness; not to betray; protect the elderly and the poor; respect for all religions and does not give preference to any one. Basically, all the provisions concerned exclusively the Mongols, and in the event that their action is extended to strangers, it is stipulated otherwise. 26
Some rules can be classified as international law (at least towards the end of the reign of Genghis Khan). It was assumed that the Great Khan sent by God with a purpose to conquer all the land, and therefore disobedience and resistance to the Mongols regarded as rebellion against God. If other nations obey their fate, it turned pretty good with them, but if they resisted, the Mongols expressed roughly as follows: «Where and what do we know? Only the eternal God knows what will happen to you». The existence of sovereign states, equal in status of the Mongol Empire, was not recognized. These rules justify any cruelty and brutality, military raids and rebellions suppression. They will of Genghis Khan is clearly visible. Yassa prescribes the death penalty for committing the following crimes: murder, adultery, men and infidelity of his wife, theft, robbery, buying stolen goods, concealment of a runaway slave, sorcery aimed to harm our neighbor triple bankruptcy, ie bad debts, failure to return a companion weapon, accidentally lost the owner of the march or in battle («if someone attacking or retreating, will drop his pack, weapon or piece of luggage that is behind it, is to get off the horse and return the owner of the fallen in otherwise, he surrenders to death»); traveler denial of food and water. The penalty for serious crimes has the death penalty for minor crimes relied corporal punishment or link to distant places. The most significant innovation is necessary to consider the law on mutual assistance (mutual assistance). In Yasa been prescribed the laws regarding the collection of taxes, as well as the call to military service, and courier and general obligation to take part in a great hunt. This hunt organized in the winter, not so much for restocking game, but for military maneuvers under the direct supervision of the Khan, who tested the readiness of its army for war. At the same time the clergy of all religions, doctors and scientists were exempted from conscription and taxes. For the descendants of Genghis Khan's Yasa was inviolable law. And, if the conductor World Act on the ground was considered Khan, then that’s why he had the supreme legislative and judicial authority in the empire. After the death of Genghis Khan, «the guardian of the Yasa» became his son Chagatai. 27
Control questions: 1. In what year Timuchzhin received the title Genghis Khan? 2. What are the main source of the rights of the Mongols 3. What is the structure of the Yasa of Genghis Khan? Test tasks: 1. Bilik – is: a) collection of criminal law b) a collection of rules governing the bases of the military organization c) collection of religious prohibitions d) collection of statements of Genghis Khan d) collection of civil law 2. What are the rules of law contained Dzhasak? a) criminal law b) religious prohibitions c) the rules governing the organization of military bases g) the rules governing the distribution of the spoils of war d) criminal law, religious prohibitions, rules governing bases of the military organization, the rules governing the distribution of the spoils of war 3. Code of Laws of Genghis Khan was named: a) torus b) Adat c) yarlyk g) jasa d) rule
2. Political system of Golden Horde The Golden Horde (or in some sources «Ulug Ulus») – the state created on the site of the Jochi Ulus. During the reign of Khan Batu Horde territory stretched from the Altai Mountains to the Danube River. First, the capital was Sarai-Batu in the lower reaches of the Volga, and then – Sarai-Berke. At the beginning of the state in the written sources called ulus Jochi. In Russian sources the name of the Golden Horde came only at the end of the XVI century. Detailed data on state machinery of the Golden Horde did not reach us, but there are indirect sources allowing to judge its developed and difficult structure. First of all, it is khan’s labels in which public officials of different levels and activities – from an ulug-bek (commander-in-chief) and viewfinder (the head of the economic and financial directions of the 28
state activity) to regional governors, chiefs of customs, the yamskikh and boat services etc. are quite in detail listed. Also more specific positions – hawkers and «animal hunters» are mentioned. The status of the citizen of the Golden Horde depended on an origin, merits before the khan and his sort, on a position in military administrative facilities. In military and feudal hierarchy of the Golden Horde the dominant position was held by an aristocratic family of descendants of Genghis Khan and his son Dzhuchi. This numerous sort owned all earth of the state, it possessed huge herds, palaces, a great number of servants and slaves, incalculable riches, spoils of war, the state treasury etc. Subsequently dzhuchid’s and other descendants of Genghis Khan kept even the whole centuries a privileged position in the Central Asian khanates and in Kazakhstan, secured a monopoly to carry a rank of sultans, to occupy a hansky throne. The khan had the richest and big ulus. Dzhuchid’s had the privilege to occupation of the presidency. Supreme, the power in the state belonged to the khan enthroned by kurultai. As a rule, the eldest son of the previous khan or other nearest relation from chingizid became him. On kurultai issues of war and peace, the most important disputes and conflicts between representatives of a feudal top were resolved, borders of uluses were reconsidered, decisions of the khan on other questions appeared. The will of the khan, his decision on kurultai were final and indisputable. Kurultais were convoked incidentally and passed in a festive atmosphere. Quite often fight for a khan’s throne had fierce character, was followed by intrigues, murder or open mysteries of applicants. The khan first of all was the Supreme owner and the manager of all lands in the state which distributed to relatives and public officials. He was the head of armed forces, made appointments and removals of all highest public officials. The khan or from his name carried out foreign policy actions, including declaration of war and conclusion of peace. He was the Supreme judge, his will was considered as the law. First of all the vizier under whose authority the khan’s treasury and the general administration of the state for and on behalf of the khan were treated the highest public officials. The vizier appointed to positions of baskak, secretaries of sofas and other officials. Military management in the state was concentrated in hands of a beklyari-bek who directed military activity of emirs, temnik and chiliarches. 29
Beklyari-bek in sources often is called the senior, chief emir at the khan. Besides, in the capital there were two more emirs who were carrying out orders of the khan and his vizier, and букаул, knowing supply, arms, an allowance of military divisions and garrisons, the accounting of spoils of war and its delivery and distribution according to instructions of the khan and the highest public officials. The following step in military and feudal hierarchy of the Golden Horde was occupied by noyon’s (in east sources – bek). Without being members of a sort Dzhuchidov, they nevertheless conducted the family trees from associates Genghis khan and their sons. Noyon had a great number of servants and dependent people, huge herds. They were often appointed by khans to responsible military and state positions: darug, temnik, chiliarches, baskak, etc. They were awarded with the tarkhan’s diplomas exempting from various duties and duties. Signs of their power were labels and paytsza. The label is a khan’s diploma or the decree granting the right for public administration on certain uluses of the Golden Horde or the states subordinated to it on the right of images of diplomatic missions, another responsible public affairs abroad and within the country and, of course, on the right of land tenure by feudal lords of various ranks. In Gold there was a system of soyyurgal – military-fief a right of possession the earth. Soyyurgat the person who received from the khan, had the right to raise in own favor those taxes which went to treasury of the state earlier. The earth on a soyyurgal was considered as hereditary. The feudal lord who acquired the soyyurgalny right had to provide in a wartime army with the corresponding number of horse army, the weapon, a cartage, provisions etc. Besides labels, there was a system of delivery of so-called paytsz. Paiza is the gold, silver, bronze, pig-iron, and even just wooden plate given also on behalf of the khan as a peculiar mandate. Provided to the person showing such mandate on places necessary services at its movements and trips – guides, horses, vehicles, rooms, livelihood. Of course, the gold paytsza was received by the person, higher by the situation in society, wooden – simpler. A specific place in hierarchical structure of the Golden Horde was held by numerous nuker – combatants of large feudal lords. They or were in suite of the señores, or held averages and the lowest military 30
and administrative positions – centurions, foremen, etc. These positions allowed to take the considerable income from the population of those territories where were placed or where the relevant military divisions went or where nuker held administrative positions. From the environment of nuker and other exclusive people in the Golden Horde the small layer of the tarkhan which received from the khan or his highest public officials tarkhanny diplomas in which various privileges were provided to their owners moved forward. In the first quarter of the XIV century Golden Horde officially accept Islam, and proclaimed a new official religion Uzbek Khan is reforming the administrative apparatus. There was a transition from the traditional system, which existed from the time of Genghis Khan to a more formalized structure, borrowed from Arabic and Persian governance experience. In particular, the above-mentioned position of vizier becomes a permanent part of the Horde in the government when it Uzbeks. Position Cadi – also a product of purely Muslim culture. Thus, in the end XIII. there were sofas (Chancery) to conduct business in various branches of administration. They worked numerous secretaries and scribes (bitakchi). Sofas were subordinated to senior officials appointed by Khan performed their assignments, give them a variety of information about the situation in a particular industry or management field. There is no clear demarcation of competence sofas was not management industry. The supreme command staff – temniks, thousanders – consisted of representatives of the genus Juchids-princes and nobles noyons. The centurions and foremen appointed usually nukers and other representatives of the tribal nobility. All the commanders were linked peculiar seigniorial-vassal relationship. Therefore, strictly forbidden transition from one darkness, hundreds of thousands or another. Such a transition is seen as a betrayal of his unit and his commander. The army maintained the most severe discipline. For any disobedience, failure to comply with an order threatened severe punishment, including the death penalty. Even Genghis Khan, giving exceptional value the extraction of all kinds of information about the alleged enemy, organized intelligence service. Khans of the Golden Horde – Batu, Berke and their successors obliged his military commanders to conduct exploration through spies, traitors, merchants, obtain information on the size and armament of the 31
enemy, his commanders, moods, quarrels, etc. Subsequently, the Secret Service was established and for their own state apparatus, gripped large segments of the population, including the feudal elite. All secret information delivered beklyari Bey, Vizier and reported Khan. Judicial power in the Golden Horde, as well as in other countries, has not been separated from the administration. Khan, other government agencies and officials themselves administered justice in all cases – criminal, civil, etc. However, with the steady Islamization of Golden Horde at the end of the XIII – at the beginning of the XIV century Islamic courts were qadis headed by the supreme qadi state. These courts have considered mainly cases related to violation of the requirements of the Quran, ie religious and marriage and family. In addition, in the cities to parse Civil Affairs appointed a special judge yarguchi. Cadia and yarguchi charged with the disputing parties, official duty, and also resorted to arbitrary exactions. The nomadic people of the Golden Horde had traditional courts of patrimonial elders-biys. Thus, it is possible to draw a conclusion that the administrative personnel of the Golden Horde differed in the developed structure and clear split of duties between various officials. And all duties and actions of public agents (starting with the khan and finishing local officials in any remote area) were fixed in the corresponding registers created on a uniform sample – «Koko Defter-Bichik» («A blue list»), to the guide to office-work created at Genghis khan on the basis of the Chinese analogs. Each official possessed some kind of certificate confirming its powers – so-called paytszy, the plate which (depending on a rank of her owner) could be gold, silver with gilding, just silver, copper and even wooden. Certainly, issue of all these plates was strictly fixed so the probability of their fakes was insignificant. Of course, did not do also without difficulties, problems. Of them were main – crushing and duplication of functions, and also the bribery and abuses of officials reflected and in the Russian chronicles, and in notes of the western diplomats, and in east chronicles. Control questions: 1. What are the functions of the Khan of the Golden Horde? 2. Who perform judicial functions in the Golden Horde? 3. What are the main sources of law in the Golden Horde? 32
Test tasks: 1. Yasa of Genghis Khan consisted of: a) from 2 parts b) from 3 parts c) from 4 parts d) from 6 parts e) from 1 part 2. Laws at Mongols carried the name: a) adat b) Toru c) yasa d) rule e) yarlik 3. Decrees of Genghis Khan carried the name: a) yarlik b) yasak c) Toru d) adat e) rule
3. Social and political system of the Mogulistan Mogulistan, or otherwise Mogolistan, Ulus moguls, was founded as a result of the collapse of the state Chagataid’s in Southeast Kazakhstan side in the middle of the XIV century. The founder of the state Mogulistan is the head of the feudal nobility of the tribe Dulat Emir Puladchi. Not being Genghisides and not having the right to the throne, he was enthroned he established the state representative of the dynasty Chagataidov Tughlugh Timur. Khan Tughlugh Timur went down in history as the first Khan and founder of the dynasty Mogulistan rulers. Henceforth Mogulistan rulers were the only representatives of Chagataid’s dynasty. In written sources Mogulistan population called Moguls. During the reign of Timur Togluk Mogulistan state religion it was declared Islam. In its foreign policy Khan Tughlugh Timur tried to establish its authority over all lands Chagataid ulus. The capital city of Mogulistan is Almalyk. The administrative device of Mogulistan was that the khan who had an assistant, so-called улусбек was the Supreme governor. Also there was special Council of the nobility. 33
The head of state the khan was elected by a feudal group from members of a ruling dynasty. Depended on will of emirs, who «will be lifted by the khan» – the apparent heir, the senior in a sort or other applicant. The feudal top defined policy of the state, the khan carried out functions of management through governors of feudal destinies (uluses) and with their support. Khan’s Council consisted of a feudal group – relatives of the khan, the nobility, breeding leaders and clergy, and also the high-ranking officials. Among the high-ranking officials of a duvan and immediate environment of the khan a specific place was held Ulus Beck (he ordered army, carried out the diplomatic intercourses with other states), atabek (the tutor of the successor of a throne), kukeldash (the foster brother of the khan’s sons), by ichka or ishik – agabash (the head of palace service), monks (advisers to the khan). In the cities and settled and agricultural areas the power was carried out by khan’s deputies – darug; they collected a tribute, taxes and kept order. In nomadic breeding uluses all completeness of the power concentrated in hands of a feudal group. In Mogulistan this nobility, possessing economic power, also directly carried out the most important functions of the state (administrative, judicial and so forth). Military-retained system and patriarchal and patrimonial institutes worked for the benefit of feudal lords, promoting cruel exploitation of ordinary cattle-farmers community members and dependent settled peasants. Togluk-Timur Khan, carried out political and economic reforms in the state. Thanks to this governor in 1361 Mogulistan Transoxiana was conquered. Son Toghlugh Timur Ilias-Hodja allowed admit during his reign of feudal fragmentation Moghulistan. Internecine wars led to the division – Semirechiye, Ili Valley and Tarbagatay, karulks and Kanguy’s – formed their own association. The result of the history of Mogulistan became inevitable decline of the state. Son of Uais Khan Esen Buga prevailed in the internecine wars in the mid-25th century, and himself separated from the part of the territory of Zhetysu, where the sultans and Janibek Kerey formed the Kazakh Khanate. 34
By the beginning of the XVI century Moghulistan became known as Mogul, led by Saeed Khan. In 1704 Mogul was destroyed Dzungar Khanate. In Mogulistane there are forms of conditional land tenure to know how iqta, inju, soyurgal. In the nomadic areas of land was communal use. The concentration of cattle in the hands of a large nobility (sources reported dozens or even hundreds of thousands of head of cattle belonging to the same owner) led to the actual property and its pastures in the nomadic areas. Ownership of pastures often solidified the construction of fortresses. Deepen the contradictions between the nomadic nobility Mogulistan and ordinary nomads and settled farmers Kashgar. Last fall under the power of the nomadic nobility, receives from khans to inherit the entire areas, often with the cities, with the right to collect taxes in its favor. Sources referred to several kinds of taxes levied on the urban and the rural, agricultural and nomadic population: kalan, kupchur, zyaket, Tatars, badge and kharaj et al Population carried various duties: military, transportation, labor (Biggar), email, and so on. Frequent war and strife for the redistribution of holdings not contributing to alleviating the plight of the masses. In public administration, Khan helped ulusbek (traditionally it was the emirs of the tribe duglat), while Khan had a noble advice. The bureaucracy was developed more in the settled agricultural part of the state, especially in terms of tax collection and the organization of military forces. Control questions: 1. Name the founder of the state Mogulistan? 2. What are the forms of land tenure? 3. What are the reasons for the fall Mogulistan? Test tasks: 1. Atabey – is a) The teacher heir to the throne b) The judge c) Ambassador g) Military commander e) Advisors of Khan 2. Inaki – is: a) The teacher heir to the throne b) The judge 35
c) Messengers g) Military commander e) Advisors of Khan 3. In a country there was a post otherness? a) Western Turk Empire b) State Karakhanids c) the Kazakh Khanate g) state Mogulistan d) State Qitan
4. Social and political system of the state of nomadic Uzbeks In the late twenties of the 15th century on all part of the steppe territory of White Horde was a change of a ruling dynasty: Chingizid’s and the nomadic nobility passes the power as a result of fierce fight from successors of the first to successors of the second. Emergence and expansion of this fight were promoted by the easing and decline of White Horde caused by many reasons of a political and social and economic order. Reasons: the disintegration of the Golden Horde continuing from the second half of the 16th century both an aggressive policy of the emir Timur and Timurids; loss of the cities on the Syrdarya during a time of distempers and intestine wars in the ulus of Shaybanid with White Horde the possession towards the Central Kazakhstan and Aral region tried to expand, to subordinate to the power part of the local nomadic population, governors of the Nogai Horde. Leaders of mangyt constantly participated in events in Abulkhair’s khanate including on the Syrdarya. The wars and intestine wars which ran high in the first quarter of the 15th century in the territory of East Deshti-iKypchak nominated the descendant Shaibang, the son Daulat-shaykh – Sultan Abulkhair who after Shaybanid Dzhumaduk khan, in 1428 was proclaimed by the khan in the field of round (Western Siberia). Abulkhair (he was 17 years old) was supported by about 200 large representatives of childbirth and tribes (a kypchak, a naiman, a mangyt, a karluk, a kongrat, a kanguy, etc.). However, intestine wars did not stop in its state within all forty years of its government (14281468). The territory of East Desht-i-Kypchak remained politically shattered. Abulkhair khan only to the middle of the 40th years of the 36
15th century attached to the possession steppe territories of the former ulus Orda-Edzhen, up to Irtysh and northwest Balkash region. The greatest efforts and time were demanded from Abulkhair by submission of territories of White Horde in her southern regions – at the Syrdarya, the region of Karatau and in lower reaches of the Syrdarya, in steppes of northern Aral region, to Entre Rios of Emba and the Urals. For a campaign against Tuka-Timurid Abulkhair khan brought together considerable troops. Abulkhair khan to the region of the lower Syr darya not only dinastiyny fight, but also need to occupy winter pastures near the Syrdarya and Aral region was the main cause of a campaign. Capture of nizoviya of the Syrdarya could open the road to the cities of Turkistan so important for strengthening of power of the nomadic state. Territory of Abulhair Khanate stretched from the Yaik (Ural) in the east to Lake Balkhash, on the lower reaches of the Syrdarya and the Aral Sea in the south to the middle Tobol and Irtysh rivers flow to the north. The ethnic composition of the population of the Khanate was as complex as the makeup of the White Horde. It consisted mainly of the same tribes as in a political union. At the end of XIV till first half of the XV century these tribes were known under the general name of ethno-political «Uzbeks». The sources referred to in including such ethnic groups as the Kipchak, Naiman, Mangyts, Karluk, Kongrat, Kanguy, Uisins, Uighurs, Kurlauts, Durme, Kenegeses, Utarchi, Burkut, Kushchi, Kiyat, Ktay, Jat and others. They were Turkic tribes mainly Kipchak and Karluk origin. Later, many of these ethnic groups have become known as the tribes of the Kazakh Middle Juz. These tribes and tribal unions were close to each other in terms of economic development, public relations, culture. Abulhair Khanate didn’t become a centralized state, it was subdivided into several ethno-territorial, ethno-political groups, domains (ulus), headed by Chingizids different lines and the group of nomadic tribes. The Head of State was a khan, whose power was considered hereditary in a straight line and passed to senior members of the ruling dynasty. Traditionally, observed proclamation of the act, the election of Khan tribal nobility. Lords, emirs and other vassal state in Khan ulus were leaders and tribal associations. Khan handed them the 37
official documents on the management of a particular territory, and to grant the right to collect taxes. When Khan was nokors squad, widely used Tarhan Institute awards. This Institute provides a feudal tax exemption, in addition, the holder of the award had free access to Khan, he had not shared with anyone spoils of war, and nine times freed from penalties. At the Khan’s council which was convoked for the solution of the most important state questions consisted. In sources there is a mention of existence in Abulkhair's state of a sofa – the main state office, daftar – financial department, inland revenue department. The most important role in the affairs of state played ulusbek actively influence the issues of succession, the command of the army, diplomatic relations with the neighboring states. The highest officials in the state were: atabeg – tutor the heir to the throne of the Khan, Kukeldash – foster brother Khan’s sons, daruga – the governor of Khan in the conquered territories, which is responsible for tax collection and supervision order in the territory entrusted to him. The mass of the settled and nomadic population of the Khanate of Abulkhair was designated by the term «karachu» (commoners, common people). Lack of strong communications between separate parts of the state, continuous dinastiyny conflicts and intestine wars for the partition of the territory and at the same time resistance of operation and to oppression from ordinary nomads expressed in the otkochevkakh of mass of people on other territories weakened Abulkhayr’s khanate was also led to disintegration. Practically the same reasons, as in Mogulistan worked. As well as there, here too there was a process of consolidation of tribes to the isolated ethnopolitical structures. Control questions: 1. What are the main officials in the Khanate of Abulkhair Khan 2. What is the social structure of the Khanate of Abulhair Khan? 3. Reasons for the collapse of the Khanate of Abulhair Khan? Test tasks: 1. Who was the head of the state nomadic Uzbeks? a) Kerey 38
b) Dzhanibek c) Timur d) Abulkhair e) Tauke 2. In what state there was a position of monks? a) Kazakh khanate b) at Hunn c) at Saks d) state of Karakhanid e) state of nomadic Uzbeks 3. What state carried the name of «nomadic Uzbeks»? a) Karakhanid b) Kazakh khanate c) Khanate of Abulkhair khan d) Mogulistan e) Nogai Horde
5. Social and political system of the Nogai Horde After disintegration of the Golden Horde and weakening of the White Horde in the northwest of Kazakhstan the Nogai Horde was formed. The Nogai Horde occupied the territory between Volga and Ural. The capital of the Horde – the Shed is based in the lower reach of the Urals. According to the name of the most numerous tribes the Nogai Horde was called Mangyt’s Yurt. Isolation of the Nogai Horde began at Edyge. Absolutely independent state the Nogai Horde became at Nur-ad-din in the middle of the 15th century. The founder of the Nogai Horde Edyge carried a title «beklarbegi» had an absolute power and for many years operated the Golden Horde. The system of political power in the Nogai Horde is remarkable in that the Horde ruled not Chingizids and formally elected representatives Edige home. Nogai Horde in the XV-XVI. The power of military and feudal minority was combined with the become obsolete forms and institutes of patrimonial management. Only in an initial stage this extensive association had rather strong centralized power. Subsequently independent and semi-independent hordes led by 39
murza, biy were allocated. The Nogai Horde broke up on Big (between Volga and Ural), Small (Ciscaucasia) and Altyaul’s to the river Emba. The horde was operated biy (prince), chosen by murza from among representatives of the closed estate of the ruling house of Edige (a sort of Mangyt). Murza – descendants of numerous sons of Edige – were large owners of lands and cattle and possessed in the possession of all completeness of the power. Inside his clan they set the order of proceedings, in their relations with each other the principle of acting generic seniority. Welcome pastures nobleman owned, provided service and fealty. Below are murzas Karachi and imeldeshi and service people (Lancers, nukers) – tribal aristocracy, potesnenny mangytskoy nobility, but to retain influence in the encampments. The bulk of the dependent population in the Horde – tribal pastoralists commoners. Part of the exploited – cuffs (poor nomads settled) – subordinated bey and served as a source of centralized collection of rents. Also Cossacks – the isolated groups of nomads which lost touches with the uluses and trading in spoils of war were allocated. Small traders (saudager) and slaves (Coolah) were only a layer of the main classes. The supreme authority was the Great Council (Kurultai), composed of senior officials and relatives of bey. This body elected the beating, his limited power. Bey convened and Small Council from among the higher ranks, and close to the serving feudal bey. Central executive administrative and judicial the authorities, except bey, it was carried out by three «the highest the Horde ranks» (nuradin, kekovat, taybura). Their main function – protection of the outlying areas of the Horde from outside intrusion. They were the de facto rulers of vast territories had a significant number of soldiers, and sometimes claim to equal status with the bey, calling themselves «princes in the Horde state». This central power in the Board of the face, beating, higher rulers (ranks) perform the following functions: a supreme decree, grazing areas, confirmation of the rights of feudal ownership ulus, the appointment to senior positions, the distribution of income and obligations among the feudal lords of the military campaign, the implementation of the highest court function. Bie had a permanent governing body – karaduvan. He was at the winter rate bey in the Shed. This body played judgments and sentences 40
carried out fiscal and police functions, as well as many private commissions bey. The encampments judicial and executive power was exercised by the rulers – Murza here convened local Duva. There arbitration – maslagat courts and courts shariat religious affairs. After joining the Russian Kazan and Astrakhan Khanate in the 50’s of the XVI century the Nogai Horde broke up a few possessions. Capital Shed was razed in 1580 by Don and Volga Cossacks. After the collapse of the Nogai Horde of its population became part of the Little Horde. Control questions: 1. What feature of political system of the Nogai Horde? 2. Who in the Nogai Horde carried out the central executive and administrative and judicial authority? 3. What functions of a karaduvan? Test tasks: 1. Supreme authority in the Nogai Horde was: a) Bey b) small council c) grand council d) karaduvan e) murza 2. Who operated the Nogai Horde? a) Bey b) khan c) kekovat d) murza e) taibura 3. Servitors aristocracy of a not Edige’s origin in the Nogai Horde received the name: a) uhlans b) karache c) imeldesh d) taybura e) kekovat
Chapter 3 SOCIAL AND POLITICAL SYSTEM OF THE KAZAKH KHANATE (XV – XVIII CENTURIES) Keywords: juz, bey’s council, tuleguts, slave, zhatak, rayat, poor, yeginshi, tribe, ru, uran, tamga, khodzha, ak-suyek, kara-suyek, batyr, rich man, sharua, kurultai, sogum, sybaga.
1. Formation of Kazakh Khanate The formation of the Kazakh Khanate was complex in nature and long-time multi-dimensional process. It was the logical result of the socio-economic and ethno-political events in the vast territory of East Dasht-i Kipchak, Semirechye, and Turkestan. Formation in the XIV – XV centuries a single economic region based on the integration of natural areas with a mixed economy, a nomadic herding and settled agricultural, urban – with trade and craft the direction of the economy, prepared the way for the unification of all the lands of the region into a single political structure. The specific course of formation of the Kazakh Khanate associated with the internal political situation of the two states on the territory of Kazakhstan – and the Khanate Abulhair Moghulistan. In both countries the increasing economic power of the nomadic nobility, grew its centrifugal aspirations. The most influential leaders of the clans and tribes of eastern Dasht-i Kipchak and Semirechye sought political independence. The political crisis in the nomadic Uzbek’s country in the 50s of the XV century lead to the growth of opposition sentiment among the population of the state. Defeat in war with Kalmyks in 1457 was shown by inability of Abulkhair khan to organize effective defense of the country. Seeking to bring, after defeat, order in the state, Abulkhair khan quite often resorted to cruel and severe measures. All this caused discontent of bulk of given and was the reason of mutiny of sultans Kerey and Zhanibek who, without having an opportunity successfully to struggle with the khan, were forced to otkochevat in the Western part of
Mogulistan where near Chu’s rivers and Talas in 1465 the Kazakh khanate was formed. In the early seventies, the Kazakh khanate was divided into two wings. The left wing (east) was headed by Kerey, the right wing (western) – Zhanibek. Originally for given Kerey and Dzhanibek the nickname «Kazakh» meaning fugitives was fixed. The people, who separated from the ulus. As many scientists note, formation of the Kazakh khanate is an interlacing of political, economic and ethnic processes. Political processes of formation of the Kazakh khanate: 1. Inability of the political and legal system based on imperial traditions of the Golden Horde it is normal to carry out regulatory functions in society; 2. A contradiction between political system and economic basis. Aspiration of ruling groups to creation uniform centralized the states with the strong khan’s power in spite of the fact that the economic basis did not correspond to it any more; 3. Fight for the political power between chingizid and edigeid. It is known that Edigey’s descendants in the middle of the 15th century opposed estate to a Torah – chingizid, suggesting replace them with edigeid; 4. Fight for restriction of the hansky power with congress of representatives of communities. Zhanibek and Kerey sultans supporting in general preservation of the khan’s power suggested to limit maslikhat. Economic reasons of formation of the Kazakh khanate: 1. Falling of value of Lower Volga area as economic center of Eurasia; 2. Falling of a role of the international transit trade. In this regard the role of the Golden Horde since trade begins to develop in round of its territory falls. 3. Value increase the Syrdarya region of the cities since international trade moves to the territory of Kazakhstan. Ethnic reasons of formation of the Kazakh khanate In the 14-15th centuries as a result of crisis and withdrawal pains of kypchaks ethnos new, active subethnic groups are formed. Such groups are subethnoses of a nogayly, alash, kazakh. 43
It is known that the large role in formation of the Kazakh statehood is played by legends and legends. Rod idea of the Kazakh statehood are historical legends about Alasha-hane and three hundred (zhuz). In the majority of legends of Alasha khan is the first Kazakh khan, the founder of the Kazakh state. U A. Levshin, he acts as the organizer of the Kazakh society, its first laws and traditions. So, A. Levshin notes that «alacha» was a war-call of all Kazakhs. The term «Kazakh» has a Turkic origin. The Turkic term «kazakh» was originally used as definition of the social status of the free independent person – an migration. Therefore when Zhanibek and Kerey migrate from Abulkhair’s khanate, their began to call originally the Kazakh Uzbek later in process of strengthening of the khanate of Zhanibek and Kerey almighty it the people began to call Kazakhs. From here also the name of the state – the Kazakh khanate went. Control questions: 1. What reasons of formation of the Kazakh khanate? 2. Name the founders of the Kazakh khanate? 3. In what year the Kazakh khanate was formed? Test tasks: 1. Who became the first khan of the Kazakh khanate? a) Zhanibek b) Kerey c) Muryndyk d) Kasym e) Tauke 2. Founders of the Kazakh khanate were: a) Zhanibek and Kerey b) Abulkhair c) Orus d) Kasym e) Kaiyp 3. Treats the political reasons of formation of the Kazakh khanate: a) Fight between chingizid and edegeid b) A contradiction between political system and economic basis c) Fight for restriction of the khan’s power d) Fight for introduction of maslikhat e) Fight between chingizid and edegeid, a contradiction between political system and economic basis, fight for restriction of the khan’s power, fight for introduction of maslikhat 44
2. Ethnic structure of the Kazakh Khanate The peculiarity of Kazakhstan is the fact that on its territory any zhuzes – tribal associations belonging to the Kazakh nation and generally inhabited Kazakh territory. Traditionally, Kazakh society is divided into three zhuz: Senior, Intermediate and Junior. The first mention of zhuzes in historical sources dates to 1616. This is indicated by many researchers. The mechanism of formation zhuzes still not fully clarified. However, most scientists believe, that zhuzes formed due to the climatic conditions of Kazakhstan and the way of life of its population – nomadism. The process of self-determination of zhuzes ended in the XVIII century. An integral part of zhuzes were tribes (taipa), relatives (ru). The attributes of the relative independence of births were battle cries (urans), its distinctive signs (tamga), as well as traditions, legends, ancestral burial places of ancestors common nomadic routes. Senior Zhuz included the following tribes: Uisuns, Kanguy, Dulats, Zhalair, Albanians, Suans, etc. Many of these tribes have formed their own military-political alliances, or were part of the political groups of other tribes. Traditionally, the area of nomadic Kazakhs Zhuz includes the territory of South-Eastern Kazakhstan (Semirechiye) and adjacent to the Zhetisu in the Southwest region of the Southern Aral Sea region to the Middle Syrdarya. Middle Zhuz included tribes such as the Kipchaks, Argyns, Naiman, and Kurei Kongrats. A major role in the formation of the Kazakh people played Kipchak tribes. In the XIX century the tribe Kongrat separated from the Middle Zhuz and became part of Bukhara. Kazakhs of the Middle Zhuz are traditionally held in the North-East, Central and South-Eastern part of Kazakhstan. According to national representations and esteemed the Senior zhuz was considered more authoritative. A number of authors consider that degree of seniority was determined by time of allocation of zhuz. Control questions: 1. What is the mechanism of formation of the Kazakh zhuzes? 2. What are the attributes of the relative independence of clans? 3. How man zhuzes has Kazakh people? 45
Test tasks: 1. Which of the following applies to delivery Senior zhuz? a) Alim b) Dulat c) Argyn g) Naiman d) Kipchak 2. Which of the following belong to the middle zhuz? a) Alim b) Dulat c) Albanian g) Suan d) Kipchak 3. Uranium – is: a) legend b) war cry c) the distinguishing sign g) tradition d) race
3. Social structure of the Kazakh Khanate The basic economic unit of society was the Kazakh nomadic community, which had two main types: the minimum and extended. The composition of the minimum community consisted of 5 to 10 households. There was such a community in winter, early spring and autumn periods. Activity was reduced to the minimum community grazing, provide watering, clearing pastures, etc. Extended community is an amalgamation of several communities minimum. Basically an extended community existed in the summer and therefore its main objective – providing water livestock. In most cases, a part of the extended community consisted of two to three minimum community A characteristic feature of traditional social division of Kazakh society was the differentiation of individuals in the following class. Depending on the origin and legal status of the population was divided into: ak-suyek, kara-suyek and slaves. The structure of ak-suyek consisted of tore and kozha. Tore – the descendants of Genghis Khan, and so by birth acquired the title of 46
Sultan. Only the plumes could be elected to the imperial throne. The estate of the tore has played a huge role in the social political and military life of the Kazakhs. Belonging to the estate of the sultans birthright meant the actual individual’s belonging to the ruling political class and leads to a preferential right to carry out the regulation and the regulation of social relations. The privileged position of the torus was legally formalized in many rules of customary law of the Kazakh. The skin is the descendants of the first preachers of Islam. They played an important role in the spiritual life of the Kazakh society and together with the mullahs have contributed to the maintenance of the foundations of Islam in the nomadic environment. All rituals, it a wedding, a funeral, circumcision, etc. committed with the indispensable participation of the skin which legitimized their Koran reading. The estate of ak-suyek is a closed privileged group. The main estate of the Kazakh population was made a kara-suyek. Two national groups were a part of a kara-suyek: exclusive and unprivileged. Treated exclusive group: beys, batyrs, rich, aksakals (foremen, elders). To unprivileged group – a sharua, zhatak, rayat, tyulengut. A specific place in the Kazakh society was held bey and batyrs. Bey named both leader, and judges. Any representative of a karasuyek knowing the Kazakh customary law, possessing oratory and who is held in respect at the relatives could become bey – the judge. bey- the person having knowledge in the organization of production, the authority, skills of administrative activity could become a rodopravitel. Batyrs represented group of professional soldiers. Any person, become famous for the heroism could become the batyr. Thus, the rank of the batyr was not hereditary, and was got thanks to personal qualities of the person – bravery, talent, etc. But at the same time, quite often there were situations when the son or the grandson of this or that batyr who considerably proved in a military field became batyrs. The facts of inheritance of this rank by descendants of the famous batyr of the middle zhuz Zhanybek, the batyr of the younger zhuz Eset, etc. are given as examples in historical scientific literature. Rich are large sheep owner of not notable origin. 47
Aksakals – the most numerous layer of ruling elite of Kazakhs which is carrying out the social regulating functions in all links of nomadic communities. For receiving a rank of the aksakal it was necessary to possess high intellectual potential, versatile knowledge, experience of pasturage of cattle. They carried out not only economic functions, but also interpreted, treated and introduced various phenomena of spiritual culture and ideology in public consciousness. Sharua – peasants cattle-farmers. The structure of a sharu was not uniform. In its structure it is possible to allocate the following groups: a konsy-sharua (the poor people who do not have cattle) and an farmer (the impoverished cattle-farmers forced to be engaged in agriculture for part of a harvest). Zhataks-it is peasants farmers. Rayats is the urban population which was going in for craft, trade. Tyulenguts-it is military protection of khans and sultans, i.e. bodyguards. These are once free, but beaten out from some kind of impoverished Kazakhs. The lowest class group was made kuls (slaves). Prisoners of war generally got to slavery. Control questions: 1. Who was a part of «ak-suyek»? 2. What role played batyrs in the Kazakh society? 3. What character the slavery in the territory of Kazakhstan had? Test tasks: 1. By Chengisides in the Kazakh Khanate included: a) bey and rich b) rich and batyrs c) khans and sultans g) bey and batyrs d) bowl and tyulengut 2. Among the following mark the wrong answer: By «kara-suyek» in Kazakh society included: a) khojas b) bey c) batyrs g) rich d) sharua 48
3. Sharua – is: a) farmers-ranchers b) peasant farmers c) traders d) craftsmen d) military protection khans and sultans
4. Political system of Kazakh Khanate The highest legislature in the Kazakh khanate the kurultai – congress of sultans and representatives of communities possessed. The kurultai gathered once a year and solved the most important state issues – conclusion of peace, declaration of war, distribution of pastures, etc. The kurultai chose and displaced khans. The adult, personally free men who are carrying arms or taking part in military operations could only be participants of kurultai. The chief executive was the khan who was elected by kurultai from among chingizid. The khan carried out the functions for life. Process of election of khans was followed by a confirmation ceremony, consisting in a triple raising on a white koshma. White felt represented purity of intentions of the khan, an origin and richness of its sort. Most men of weight of the khanate from sultans and биев raised a koshma for the ends three times, proclaiming: «Khan! Khan! Khan!». Then felt was broken off on small parts and everyone tried to carry away a rag for memory of the fact that he was a participant of election of the khan. Functions of the khan: 1) definition of a foreign policy of the state; 2) organization of defense of the state; 3) implementation of the higher judicial authority; 4) protection of social fabric; 5) distribution of pastures. Huge powers in the Kazakh society in the XV-XVIII centuries sultans possessed. In the majority sultans were governors of destinies and uluses with prvy managements and commands of ulusny army, carried out diplomatic functions, ordered troops of the administrative units. In the destinies sultans carried out the judicial, civil and military authorities. They were exempted from corporal punishment and were 49
not subject to court of beys. Only the senior sultan or the khan could judge them. At the khan the permanent body consisted. Which carried out office-work – duan. Council of beys. For the solution of questions of new laws, the most important judicial and another matters since the 17th century khans began to convoke of beys the most influential clans. Council of beys was a standing advisory body at the khan. The Kazakh khanate had the following administrative device: the territory and the population of the khanate was divided into destinies headed by sultans. 50-60 thousand families were a part of each destiny. Each destiny was divided into uluses. About 10 thousand families were a part of uluses. The territory of the ulus was called to yurtas. In traditional society there were various duties necessary for its normal functioning as the complete and operated organization. These duties are as follows: collecting on external actions (according to the instruction for transfer to ambassadors or a meeting of embassies), collecting on military actions, on frequent campaigns, on providing a militia (the best racers, the weapon, cattle on the food, etc.), collecting on legal costs, on repayment of one-community members from captivity, on kuna payment, etc., collecting on clergy, collecting on khans and the ulus of sultans. All these duties had no official character and were not reflected in welfare of Kazakhs. For the maintenance of the device and a khan’s team in the 1516th centuries khans collected taxes on the subject population. The population paid the following types of tax: 1. Zyaket-the annual tax making 1/20 part of cattle. 2. Ushsur – the tax paid by the population of agricultural areas and making 1/10 part of cattle. 3. Budge – market duty. 4. Kharadj – a land tax. 5. Tagar – a war tax. 6. Sybaga-gift meat. 7. Sogym-gift live cattle. Thus, in the 15-16th centuries the Kazakh khanate represented the early feudal monarchy where the elite of the closed type – a Torechingizids dominated. 50
Control questions: 1. What political system of the Kazakh khanate? 2. What functions of khans? 3. What administrative device of the Kazakh khanate? Test tasks: 1. The judicial function in the Kazakh Khanate was performed: a) riches b) Beys c) batyrs g) sharua d) zhataks 2. By whom headed uluses in the Kazakh Khanate in the in the fifteenth and eighteenth centuries? a) khans b) the sultans c) Beys g) batyrs d) rich 3. Which body in the Kazakh Khanate maintained an office? a) the court of beys b) bey’s council c) Kurultai g) maslikhat d) Duan
Chapter 4 TRADITIONAL RIGHT OF KAZAKHS Keywords: adat, erezhe, bey’s council, barymta, kalum, kade, ilu, zhasau, amengerstvo, kidnapping, tamirstvo, asar, zhilu, crowd, sauin, price, guilty, toguz, atton, court.
1. General characteristic of the traditional right of Kazakhs Normally, the rule of law is – an essential part of an organic element of the history of the Kazakh society. They were formed under the influence of the nomadic way of life and a new device. Significant influence on the formation of the Kazakh customary law had Mongolian laws. In particular, it pointed by C.C. Valikhanov. Thus, in a letter to A.N. Beketov on January 2, 1862, he wrote that deals with the study of Kyrgyz laws that have a connection with the Legal Code of Genghis Khan. According to him, the customary law of the Kazakhs was the product of historical development. Its formation is he linked with the process of formation of the Kazakh people. On the relationship of customary law of the Kazakhs with Mongolian laws and pointed out the pre-revolutionary Russian researchers. In particular Alektorov A.E. writes on this subject: «The internal review made between Kyrgyz – beys and elders for verbal solutions. In these analyzes of in respect of the offenses taken into consideration ancient set even Genghis Khan law according to which the murder was punishable by murder, and other lesser crimes recovery in favor of the offended fee or penalty (Kuna)». The customary law of Kazakhs was designated by the term adet or zan. Quite often in the Kazakh society also terms were used uniform for customs and usual precepts of law of expression: «eski adet», «adet gurip», «ata-baba salti» (ancient, long customs, traditions, customs of ancestors). At the same time, when it was necessary to emphasize importance of norms, other terms were used: «zhora», «zhargi», «zhol», «zhoba» that it is possible to translate as «rule», «establishment», «time the tested way», «rules reference points». Sometimes these terms were used in a pair combination: «zhol-zhora», «zhol-zhoba». But the term 52
of «zhargi» was not connected with other concepts. As Zimanov S.Z. notes zhargi means the highest forms of norms established or authorized by the sovereign power in the state. The concrete historical analysis of customary law of Kazakhs allows study more deeply its various layers in political and legal system of nomadic society. The customary law of Kazakhs was a certain social value in subject practical activities of nomads as reflected spirit and world outlook aspects of national life. Disclosure of these parties of standard and legal regulation of the public relations dropped out of a field of vision of many researchers so far. In scientific literature paid attention to the valuable content of the right Zimanov S.Z., Nersesyants V. S., Alekseev S.S., the Bulgarian scientist-lawyer Neno Nenovsky and others. Considering the above, it is necessary to mark out the following characteristic features of the Kazakh customary law: 1. Lack of differentiation of a criminal offense and tort; absence of concept of a high treason. 2. Standard readiness and detailed regulation of the relations of property responsibility of the family and marriage relations. 3. Insignificant influence of the hand-written legislation. 4. Existence of system of the intra communal and intercommunal obligations having character of rules of law. 5. Democratism and humanity. For the first time Valikhanov Ch. Ch. analyzing various legal institutes paid attention to humanistic contents and democratic traditions of customary law of Kazakhs, he stated a number of the original judgments having general-theoretical value for researchers of a political and legal system of nomadic society of Kazakhs: «… the Kyrgyz (Kazakhs) by the same analogy of the highest development with the lowest to which we so like to refer has customary law more human parties, than the legislation, for example, Muslim, Chinese and Russian on the Russian truth. In the Kyrgyz (Kazakh) laws there are no those precautionary and frightening measures which filled also the latest European codes». Thus, the main, in our opinion, lines of the Kazakh customary law were the humanity and democratism. Sources of customary law of Kazakhs in the 15-18th century are: 1) legal custom (adet, zan) 53
2) provision of congress of bey’s (erezhe) 3) judicial precedent (bey biligi) The custom as the regulator of the public relations of people is the most ancient complex of standards of behavior. Being a product of these relations, having created and developing in the society, customs most fully corresponded to economic basis of nomadic economy. The customs authorized by the state turned into the legal custom carrying the name at Kazakhs adet or zan. Periodically governors of the Kazakh khanate made attempts of codification of customary law. The earliest of such attempts belongs to the beginning of the 16th century, by the time of Kasym Khan’s government. The code is known as «Kasym khan kaska zholu» (a true way of the khan Kasym). At the beginning of the 17th century, during government of the khan Esim the new code which received in the history the name «Esim khan eski zholu» (ancient establishments of the khan Esim) was developed. However, the greatest fame was gained in the history by the codification of the Tauke khan taking place in the second half of the 17th century. One of important sources of the Kazakh customary law is «erezhe» – provisions of congresses of bey’s or as they are quite often called still, small codes of usual precepts of law. It is known that some difficult, infringing interests of different associations cases were considered not by one bey, but group of judges. The collegiate court consisting of five – six beys, was called zhugunis, and congress of ten-twenty beys- kenes. Before to start hearing of cases, Biya agreed about the general rules of law by which they will be guided. These provisions were called to an erezhe and in most cases did not register. With drawing up to an erezhe it was provided: reduction in system of usual precepts of law; introduction of necessary changes to some usual precepts of law according to new conditions; uniformity of application of usual precepts of law. Legal customs constantly were supplemented and changed practice of court of beys on difficult affairs, or the affairs which are not regulated by legal custom served as a sample for permission of similar affairs in the future, gaining nature of precedent. The most original and interesting sentences remained and transferred orally in a form of sayings – a bey’s sayings and are known on folklore sources. 54
Control questions: 1. What are the main sources of the Kazakh customary law? 2. What are the main features of the Kazakh customary law? 3 Why Zheti Zhargi called National Charter of the Kazakh people? Test tasks: 1. The sources of the Kazakh customary law in the XV-XIII centuries are: a) Adat and Shariat b) Adat, erezhe, bey biligi c) Shariat, adat, erezhe d) Shariat, erezhe, bey biligi d) Adat, Shariat, bey biligi 2. Insert the missing word: «... a solution of bey court» a) erezhe b) law c) Sharia g) bey biligi d) adat 3. What is the codification of Kazakh society has been named: «National Charter of the Kazakh people?» a) Kasym Khan kaska zholu b) Esim Khan eski zholu c) Zheti Zhargy d) Shariat d) Yasa of Genghis Khan
2. Penal right of Kazakhs Concept of a crime and punishment The Kazakh customary law did not know accurate definition of the concept «crime». The crime was understood as «bad business», «bad behavior». Formally the crime was understood as drawing to the victim of moral and material harm. Accurate differentiation between a criminal offense and tort in the Kazakh customary law did not exist. The person could only be the subject of a crime on the Kazakh customary law. Animal and inanimate objects were not subject of a crime. Also subjects of a crime were not mad, mentally retarded, deafand-dumb. Slaves could not be the subject of a crime too. Thus, the natural, responsible person who is freely disposing of the property could be the subject of a crime. 55
The subjective party of a crime was characterized by existence of fault. Already distinguish deliberate and inadvertent criminal actions. Deliberate acts assumed existence of direct intention, in all other cases inadvertent offenses took place. For the qualification of crimes played a large role as mental elements as the manner, place and time of the offense. The most serious offense in terms of the place of its commission, it was considered a crime committed in his native village. It is punished more severely than the crime committed in another village. Equally important it was also the time of the crime. For example, theft committed by day was punished more severely than the theft of a perfect night, as in the first case it was associated with extreme insolence and contempt to be seen. Of great importance for the qualification of crimes had a way of committing a crime. According to customary law of Kazakh secret murder was punished more severely because it is, according to lawmakers was associated with robbery. By explicitly understood murder murder committed in a quarrel, fight, etc. Kazakh customary law was already known institute of complicity. However, it still does not distinguish between degrees of complicity in a crime. All partners bear equal that is jointly and severally liable. As for the institution of self-defense, it should be noted that the laws Tauke this institution was not known. Responsibility for the crime occurred with 13 – years of age. System of penalties A major role in the Kazakh customary law in the XV – XVIII centuries played the composition principle, the contents of which boiled down to the fact that instead of the system of penalties existed a system of fines and ransoms. System of fines and ransoms testified not about patriarchy and the reactionary nature of customary law of the Kazakhs, as claimed by some researchers, but the development in the Kazakh society of property relations. By the period of accession of Kazakhstan to Russia in the Kazakh customary law there was the following system of punishments: 1) capital punishment; 2) corporal punishments; 3) the dishonoring punishments; 56
4) delivery of the guilty person to the party of the victim; 5) exile from tribal community; 6) kuna; 7) aiyp. One of the main principles of «Zhety Zhargy» was harmony of punishment to the committed crime, that is the principle Talion (an eye for an eye, tooth for tooth) Capital punishment on the Kazakh customary law was applied extremely seldom and only with the consent of so-called people’s assembly. This rule worked up to the 18th century. Since the second half of the 18th century, khans and sultans began a thicket to apply capital punishment and other heavy types of punishments as to the political opponents, and persons. Ch. Ch. Valikhanov wrote: «Not one Kyrgyz khan had such absolute power as Ablay. It the first provided to the arbitrariness capital punishment that was made before not differently, as by position of national diet». Valikhanov’s given statement confirms the fact that capital punishment began a thicket to be applied during rather late period. At consent of party injured capital punishment could be replaced with repayment (Kun). Corporal punishments were not known to the most ancient Kazakh customary law. Tauke’s law did not prescribe such punishment and in its time the court of beys did not pronounce such sentences. The fact that at weakness of the government application of cruel measures of punishment, usually caused internal war, blood feud and a barymta, the whole auls terminating sometimes in destruction was the reason for that. After accession of Kazakhstan to Russia in 1838 punishments of a shpitsrutenama were entered. The dishonoring punishments pursued one purpose – to ashame the criminal publicly, in public. Sentenced to a shame subjected to the following humiliation: to it put on dirty felt a neck, put on a cow or a donkey back to front and carried on the aul, and then sentenced had to pledge publicly, an oath not to make criminal acts any more. Delivery of the guilty person to the party of the victim was applied in case relatives of the guilty person did not wish to pay kuna or aiyp. In this case the party injured at best could force the convict to fulfill kuna or aiyp, and in the worst to punish at discretion. 57
Exile from tribal community was considered as punishment heavier, than capital punishment. To the guilty person sentenced to this look punishment cut off a hem of clothes and expelled from a community, outlawed it. Price is the repayment paid by agreement of the parties by party as fault to party injured in case of commission of the most serious crimes that is murder or heavy bodily harms. Price was two types: the main and additional. Size of kuna depended on the social status of the victim and weight of the committed crime. For murder of the ordinary community member it was paid kuna at a rate of 1000 rams, 200 horses. Aiyp – it is fine to be paid by the guilty party to the injured party for committing property crimes and certain offenses against the person. We know two types of aiyp: at ton and toguz. The first kind of aiypa] mainly used for the violation of the principle of hospitality. In this case, the offender pays a fine in the form of a horse and a robe. The second type of aiyp was a nine-time penalty. Toguz were of three types: large, medium and small. Large toguz began with a camel. Middle toguz began with a horse. Small toguz began with the bull or cow. Types of crimes Criminal customary law of the Kazakhs knew punishable criminal acts and impunity. By untouchable acts included: the murder of his slave master, killing the husband of an unfaithful wife and her lover. All criminal acts provided for criminal customary law of the Kazakhs can be divided into several groups: 1) crimes against the person; 2) crimes against property; 3) crimes in the area of family and marriage law; 4) crimes against the court; 5) crimes against religion. 1) Crimes against persons. a) killing b) injuries c) insult a) All the killings can be divided into three groups: the murder with blame circumstances; murder with extenuating circumstances and simple murder. 58
By aggravating circumstances include: murder of the Sultan; the murder of the wife of her husband; the murder of a pregnant woman, and others. For extenuating circumstances include: murder committed in time of barymty; murder committed in a state of anger and others. All the other murders were considered simple. b) Criminal ordinary Kazakhs right to distinguish between serious injuries and minor injuries. Under serious injuries understood depriving a person of any authority, that is, self-mutilation. All other bodily harms were considered as lungs. c) As an insult in the Kazakh customary law it was understood: 1) not observance of due respect in the attitude towards sultans and kozhas; 2) entrance to others house without the permission; 3) refusal in hospitality; 4) cutting of a braid at the woman; 5) wrest of a beard; 6) cutting of a tail at a horse; 7) disrespectful comments on ancestors Treated nonpunishable insults: insult wife’s husband; parents of the children. 1. Property crimes. All property crimes were covered by the concept «theft». The cattle was the main object of theft. Severity of punishment for commission of theft depended on character of stolen property; repeatability; the number of the people participating in plunder. The aybana representing set of the statutes directed against theft was the most heavy punishment for theft. The guilty person sentenced to the aybana had to return the stolen cattle to integrities and safeties, and also to pay over that – «three toguz» that means 27 horses or sheep. 2. Crimes in the field of the family marriage relations. In the field of the family and marriage right treated crimes: 1) kidnapping of the woman; 2) adultery; 3) rape. If the guilty person kidnapped the girl for the purpose of the introduction with her in marriage, then in this case the institute of the family and marriage right of Kazakhs – a kidnapping took place. If the 59
guilty person kidnapped the girl without the introduction purpose with it in marriage, then in this case he made penal act and was obliged to marry the girl, having paid to her parents bridewealth. The person who kidnapped foreign wife without her consent or run away with her, could avoid capital punishment, having elicited forgiveness and having paid kuna. The woman who was promoting the stealing and being in collusion to the thief remained with the elect who had to indemnify loss to the abandoned husband fully. Adultery was considered as one of serious crimes. Adultery only from the woman was considered criminal. According to laws «Zheti Zhargy» the man who convicted the wife of incorrectness had full authority to kill her. It was necessary to distinguish rape of the girl from rape of the married woman. The offender who made violation of the girl was obliged to marry her, having paid to her parents bridewealth to avoid capital punishment. Attaching special significance to maiden purity and honor of «Zhety Zhargy» care of it built in the rule of law. In case of commission of violation of the married woman, the offender was obliged to pay kuna her to the husband to avoid capital punishment. The husband of the raped woman had to divorce her as was considered that this crime caused a loss of honor and to the dignity of the man and his sort. 3. Crimes in the field of court. Against court treat crimes: • violation of an order of judicial session; • false denunciation; • perjury. For commission of these crimes punishment in the form of payment of an aiyp was prescribed. 1) Crimes against religion. This type of crimes was meant as violation of religious norms of Shariat. Treated this group of crimes: 1) blasphemy, 2) apostasy. Blasphemy was understood as actions, consisting in disrespectful comments on god; doubts in existence of god etc. 60
The person who passed from Muslim faith in any other was considered as the apostate (Christian, Buddhist, etc.). Main type of punishment was capital punishment with confiscation of property. Existence of this group of crimes demonstrates that «Zhety Zhargy» came under influence of Islam, Shariat. Control questions: 1. What was understood as a crime in the Kazakh customary law? 2. What differs kuna from an aiyp in? 3. In what cases the aybana was applied? Test tasks: 1. Aiyp is: a) penalty b) tax c) institute of land grant d) repayment e) institute of patrimonial mutual aid 2. What size of kuna for the murder of a sharua? a) one thousand rams b) two thousand rams c) five hundred rams d) three thousand rams e) seven thousand rams 3. What size ofkuna for the murder of the woman? a) one thousand rams b) five hundred rams c) two hundred rams d) three hundred rams e) two thousand rams
3. Family and marriage right of Kazakhs Sources of the family and marriage right of Kazakhs were the adat and Shariat. The legal status of the woman is characterized by the fact that to a marriage she was considered as property of the father, and after a marriage – as property of the husband and partly the mother-in-law who in relation to the daughter-in-law acquires only the right of admonition. 61
On the Kazakh customary law the woman had no right to independently conclude property bargains. Its laws of estate were extremely limited. However, in practice the Kazakh female was in more advantageous position, than women of other people of a Turkic origin, the ispovedyvayushchikh Islam. It was expressed that, first, Kazakh women never closed the face, that is did not wear a burqa; secondly, without providing some freedom and independence to the woman, any Kazakh aul could not exist. Therefore economically position of the Kazakh woman was rather strong. But it was insufficiently in order that and in the social relation it reached the position corresponding to it. Marriage on the Kazakh customary law submitted the agreement between parents of the groom and the bride and had except the basic purpose – the union of the man and the woman, independent socioeconomic value. There was a number of conditions of marriage: 1) Achievement of a certain age by intending spouses. Unlike the Muslim right where the age of marriage is defined for the girl – 9 years, and the young man – 12-13 years; in the Kazakh customary law the age of consent for the girl is not defined, and the question of age of civil and marriage majority remains disputable. So, S. Ya. Fuks considers that age of consent for the young man – 15 years, according to S. Uzbekulu – 13 years. 2) Observance of the principle of a patrimonial exogamy. The customary law of Kazakhs forbade to marry relatives by birth relatives on the ascending and descending straight line to the seventh knee. This requirement is connected with a problem of a moral order and care of healthy, full-fledged posterity. 3. Payment of bridewealth – repayment for the bride. The size of bridewealth depended on a solvency and prosperity of parents of the groom. Paid the bridewealth equal to 47 beasts which broke up to 7 parts for the rich, beautiful bride. The first part was called «basi zhaksi» and reached 9 beasts. The last part was called «algi zhaksi» and equaled to a camel, a horse and cows. Average farms paid the bridewealth equal to from 27 to 37 beasts. Farms with prosperity below an average paid bridewealth from 17 to 27 beasts. 62
Poor farms paid so-called «domalak bridewealth» (round bridewealth) in the form of a small symbolical gift. Sometimes rich farms paid the highest bridewealth equal to 77 horses. According to laws of Tauke there were two ways of marriage: arrangement and engagement. Essence of arrangement was that parents of the groom and the bride made a ceremony of courtship in a childhood of newly married. As a rule, arrangement was made in the presence of witnesses, parents of the groom and the bride exchanged oaths, and also presented each other with various gifts. Engagement is an action for reaching an agreement between parents of the groom and parents of the alleged bride on a marriage. The Kazakh customary law knew several forms of marriage. It: 1) kalym marriage; 2) without kalym marriage; 3) exchange marriage; 4) sororat marriage; 5) marriage with stealing; 6) levirat marriage; 7) marriage with working off Kalym marriage was the main dominating marriage form in the Kazakh society. In this case marriage was preceded by the courtship which was coming to the end with the conclusion of the contract «kuda tuser» and eating of ritual food – kuiruk bauiyr. Value of this ritual was that it was the legal proof in court of beys, that courtship took place. Courtship and reciprocal visit of the house of the father of the groom was followed by gifts of both parties – kiit. Obligatory ceremonial actions were ilu, sut aki, toi mal, oli tiri, kade. Ilu it was presented as a certain part of bridewealth at the first visit of the groom to the aul of the bride. Sut aki – a gift from the groom of mother of the bride. As a gift clothes, valuable things, etc. were presented. Toi mal – the cattle from the aul of the groom intended for a wedding in the aul of the bride. Oli-tiri – the cattle and gifts presented by the groom’s relatives to a family of the bride stolen by them. This ceremony symbolizes «surrender» to the bride’s parents. 63
Kade – the gifts and valuable things presented by the groom to the bride's relatives. Usually ring road relatives of the bride were handed by the groom's friend. Marriage was considered legally taken place only after payment in full of bridewealth. The father of the girl had to give behind her given (zhasau). The size and structure given by the Kazakh customary law strictly it was not regulated. In practice the sizes of given depended on quantity of the paid bridewealth and a property condition of the father of the bride. The wedding tilt cart and a headdress of the bride – to the saukele surely had to be a part to a zhasau. Marriage without kalym practiced in rare instances when two men signed the contract of a tamyrstvo. At the same time they agreed to marry the future children without payment of bridewealth. The institute of a tamyrstvo had several types in traditional society of Kazakhs: 1 Dos-tamyr. The most strong link is the friendship connecting among themselves dos-tamyr i.e. friends till a century. The dostamyrstvo by means of embrace with a naked breast «kushak taskan» or handshakes of each other for a thumb – «barmak uz taskan» consists. Dos-tamyr is always obliged to help the friend, he can take from him without demand everything that it is necessary for it and any calculations between friends it is not necessary. Time of existence of this friendship is not defined; it passes from fathers to sons until the son of one of tamyr does not prosvatat pro se the daughter of another. In courtship, as well as тамыр should not refuse the required things to the friend. Now the dos-tamyrstvo meets very seldom and mainly between old men. 2 Syuek-tamyrstvo, i.e. friendship on a bone, binding between matchmakers and not demanding any special ceremonies, except described above. 3 Aus-tamyrstvo is a verbal friendship. After a while later the conclusions of a tamyrstvo verbal, offered friendship sends the to the friend the gift, and then, in several months or year receives itself the equivalent thing called «splitting». The basis of exchange marriage was made by the principle of counter courtship that is when families concluded two cross marriages. Insolvent families as in this case the bridewealth was not paid generally resorted to this principle. 64
The man who does not have relatives resorted to marriage with working off for bridewealth. In this case the son-in-law passed to live with the property to the house to the father-in-law, worked for him until fulfilled all repayment. Such son-in-law in the Kazakh society was called to kuna to a jackpot (the working son-in-law). Exactly from there was an offensive nickname kushik – to a jackpot (son-in-law puppy). The essence of sororat marriage was reduced to the fact that the husband who lost the wife had the right to marry her not matchmaked younger sister. However, such form of marriage was not obligatory since the father could not give the consent. In case of consent of the father the reduced bridewealth and half given was paid. The Kazakh customary law knew several options of marriage with stealing. The large role was played in this regard by institute of the family and marriage right – kidnapping. This is a kidnapping of the girl for the purpose of the introduction with her in marriage. For this purpose the prior consent of the girl or her parents was required. The customary law knew several options of marriage with stealing: – kidnapping of the matchmaked and not matchmaked girl; − kidnapping of the married woman. Escape on a secret arrangement of the groom and bride or carry brides the groom was considered as the violation of legal custom attracting quarrel between childbirth. Originally quarrel from desire to wash away the disgrace drawn upon family by kidnapping of the daughter, it was expressed by repayment, is more rare – exile and murder of the persons who made escape. Kidnapping of matchmaked foreign bride was considered as serious crime and involved the following punishment: if the girl remained with the thief, he was obliged to pay a penalty at a rate of double bridewealth, in case of her return to the former groom the penalty equaled to the sum of one bridewealth. If relatives of the bride were involved in stealing, then they completely returned bridewealth to the groom and paid a penalty. Kidnapping of the not matchmaked girl without her consent involved or a duty of the person which took away it to marry, having paid the bridewealth put for it and aiyp, or to return the kidnapped girl to parents with payment of an aiyp equal to bridewealth of one maiden. 65
Kidnapping of the not matchmaked girl from her consent was followed the address of the groom to her parents with a request for forgiveness and payment of a penalty. In this case the parties began preparatory actions to a ceremony of courtship and a marriage, but parents of the bride had the right to refuse the allocation given. In case of theft of the married woman it was subject to return to the husband with aipy in three toguz; at impossibility to return to the husband, and its leaving at the thief, the last, over toguz, it was obliged to reward the lawful spouse bridewealth for his wife. Prerequisite of emergence of this custom in most cases inability of the groom to pay bridewealth in full acted. Levirate marriage – an amengerstvo was one of ancient forms of marriage. The Kazakh language preserved a special name for the widow wanting after mourning remarry. This woman called zhesir. Kazakhs also use the expression zhesir dauy, which means battle, strife as a result of violations of levirate law. The fate of the widow mourning after depended on several conditions: presence or absence of her children, sex and age of children, the age of the woman and, of course, by its well-being. The right of levirate was carried out according to the degree of relationship to the deceased. The first candidates for the role of her husband's brothers were dead. This was followed by the eldest sons of the brothers, step-brothers and late father's brothers, and finally, more distant relatives. If the next of kin of the deceased husband turned out to be minor, with the consent of his family's widow could give the right to either wait or his age to marry next challenger for the degree of kinship. Thus, according to the customs of a widowed woman he had year after her husband's death to marry the brother of her late husband, and in the absence thereof – for one of the next of kin. This rule also applies to the bride, for which paid the bride-price. This bride, as a married woman after the death of her husband, called zhesir. Thus, the bride groom's status after death equated to the status of widows. This institution had several objectives: first, to take care of the dead children. It was believed that no one can take care of them better than the father's relatives. Secondly, to take care of the property and the farm of the deceased. 66
Amenger first became older brother. However, the widow had the right to choose. In this case, amenger received from the chosen gift. If the wife after the death of her husband against the wishes of his family returned to their parents, then this action amounted to a voluntary departure from the living husband without good reason. In this case, the biy court demanded that the relatives of a woman returning dowry, which supports the tradition equated to «pay for the mother's milk» and regarded as the practice of the family return the money spent on the education of girls after marriage obliged to leave his family. Thus, if the widow evaded amengerstva, children, property and the economy remained in her late husband's relatives, left a widow. If a woman marries a man outside and left the race late husband, the husband's relatives received from her groom and bride price penalty (aiyp). In this case, the woman received from her husband's relatives and the horse «tusek oryn» – «bedding». She was deprived of the rights to the rest of the inheritance and the education of their children, who leave the family of her late husband. The dowry of a woman, as well as all family assets, distributed among the relatives of the deceased husband. Deprivation of rights to the widow of the late husband's property called «irgeden shygaru», which means «to withdraw under the grate tents (yurts)». If a woman had a son from his first marriage, she had the right to refuse re-marriage. The woman said this remained in the status of the widow before the end of life. The primary responsibility of a woman maintain the status widow – parenting. It remained in his family for the rights of the hostess, it passed all the chores of her late husband. In legal terms, the situation of such women were more stable than the widow, who was married to a relative of the deceased husband and become, for example, younger wife in a new family. According to the norms of adat, the nearest relative of the deceased could take over the custody of the widow and her children, if the children were minors and could not dispose of their own heritage. In this case, it is temporarily dispose of the property of the deceased and at his discretion singled out his share of the content of the widow and heirs of the deceased. The relatives of the deceased have done so when the testament was written, in which he died during 67
the lifetime of their next of kin asked to look for his family in case of his death. Usually the custody of the widow was formal, and a woman, capable of independently run the economy remained in the status of head of the family to the age of their sons. Amengerstvo was canceled only in 1885 at the congress of the bey in Chara. The least common in Kazakh society was married with working. Such a marriage resorted men who do not have relatives. They usually practiced dowry the farm-in-law and subsequently remained in his village. As a special rate «Zheti Zhargy» introduced institute polygamy. And if according to Shariat number of wives is limited to four, then on the Kazakh customary law, the number of wives was not limited. It depended on the viability, social origin, person, etc. The reason for polygamy under customary law of the Kazakhs was: no children at all, or male children. The elder wife – baybishe enjoyed more rights compared to younger – current. If there is good reason to permit the court of elders, baybishe could leave her husband and go to their relatives; no such right was current. Kazakh customary law allowed divorce. Divorce by unilateral request of her husband called «talaq». If the husband divorced as a result of his wife's infidelity and her irreverence, then the husband sends his wife to her parents' equipping a horse and part of a dowry. «If the husband decided to divorce his wife without her fault, he had to let her go with the children and give». Divorce on the initiative of the wife was allowed in two exceptional cases: 1) with the apparent inability of the husband to exercise his conjugal duties; 2) for the systematic beatings and torture by her husband. In this case, the wife had to go to court three times of elders. Inheritance by will and discretion of the Kazakh customary law of the testator did not know. The property and livestock of the late inherited children, brothers, parents, close relatives, as well as his wife. Adult sons married had the right to stand out, get a piece of property and cattle of his father – enshi. highlight Size dependent on the solvency of the father. 68
The main heir after the death of his father was the youngest son. Dedicated sons could not claim to be part of the inheritance. Adopted children equated to the native children. The widow was entitled to 1/8 of the inheritance. Unmarried daughter to ½ part of the proportion of (selected) sons. The property acquired by inheritance, was called ata-Muras. This ownership Kazakhs considered the most reliable. Control questions: 1. What conditions of marriage? 2. Call the main forms of marriage. 3. What size of the highest bridewealth? Test tasks: 1. What age of consent of the girl on Shariat? a) 9 years b) 12 years c) 10 years d) 16 years e) 18 years 2. What age of consent of the girl on an adat? a) it was not established b) 9 years c) 11 years d) 16 years e) 18 years 3. What institute of the family and marriage right is the cornerstone of levirate marriage? a) amengerstvo b) kidnapping c) polygamy d) tamyrstvo e) talaq
4. Liability right of Kazakhs In traditional Kazakh society there was no private ownership on pastures. The earth was only in property of nomadic collectives. Distinguished an ownership right on the earth which carrier was a community, a right of use of pastures of the separate farms and the right of the order of pastures which were in hands of governors of 69
communities – foremen, beys and batyrs. At the same time they could not dispose of property of a community to the detriment of other community members. Objects of private ownership on the Kazakh customary law were: a) cattle; b) slaves. Huge value in the Kazakh society and the right of a pervozakhvat. This right extended to natural watering places. The essence of this institute was that the right of use of a watering place and the pastures adjoining to it belonged to a community, occupied it the first. However, this right did not extend to wells as they belonged to the category of artificial reservoirs and were in property of that community which created them. The cattle was the main criterion of wealth. All property in the Kazakh society was divided into 2 categories: it is mal – cattle; mulik-other property. Contracts in the Kazakh society were signed only in an oral form. During the period from XV to the 18th centuries the following types of contracts were widespread in the Kazakh society: a) contract of mena; This contract was for Kazakhs a source of acquisition of production: consumer goods, the weapon, etc. in exchange for cattle. Quite often the contract was signed directly between the cattle-farmer and the handicraftsman. b) loan agreement; The loan agreement is one of the most ancient contracts. This contract was signed for the term of no more than a year and provided existence of the guarantee. The person acting as the guarantor carried the name kepil. The guarantor, as a rule undertook obligations to pay a debt in case of insolvency of the debtor. There was a custom, meaning of which is: «for the person the guarantor dies». Obligations from the contract of an assignment for payment of a debt followed from the oral agreement between two persons from whom the guarantor, as a rule, there was a stranger. The loan agreement was intended receiving objects in use, as a rule, of movable. Poor Kazakhs who occupied necessities resorted to this contract. As a rule, the debt on a loan was satisfied by cattle. c) contract of the loan. The contract of the loan existed in two types. On one of them transfer of milch cattle to temporary use was a subject of the loan. This 70
contract was called сауын. The right of the debtor under this contract was the fact that it could use milk. In addition, on it the duty of care of cattle and return with an issue lay after a while. Sauyn-transfer to creditors of milch cattle to temporary use for working off. Other type of the loan gained distribution after accession of Kazakhstan to Russia. d) contract of storage. The contract of storage was called amanat. Things and cattle were transferred for remuneration to storage for the term determined by the parties. The contract of storage took place in that case when it was necessary in connection with removements, departures from the aul for trade or exchange to transfer the property which is of value to storage. As a rule, the person which is held in respect and trust with the consequences provided for this crime was a keeper. Kind of this contract was amanat – it is small – transfer by a rich farmer of cattle – young growth – to the impoverished relative. Certain researchers note that in everyday life of Kazakhs the hiring work contract also was applied to performance of certain works. According to the hiring work contract, the worker on the instructions of the customer carried out a certain amount of works, earning for it reward according to the contract. The list of these works was small and was limited to requirements of daily life of Kazakhs. It were works on processing of skin, milking of cows, mares and female camels, pasturage of cattle. The majority of contracts in the Kazakh community consisted in an oral form. The written form of contracts appeared considerable later, with development of the economic relations and expansion of barter between the people. As contracts were signed in an oral form, the witness whose moral qualities also caused trust and respect in public opinion could act as the guarantor of their reality. Thus, the conclusion and performance of contracts was based on the moral principles. Bargaining parties proceeded from decency of each other. This quality, generally also was a guarantee of reliability and durability of the contract. The oral form of the contract in customary law was called to a bereke. Non-execution of the contract was considered as business disgraceful: «uvadasi dzhokta iman jok, imani dzhokta Kudai zhok», 71
i.e. «who will not keep the word, that has no belief; who has no belief, that has no God». Thus, the characteristic of the personality and the word of honor at the conclusion of the contract had essential value. Procedure of the conclusion of the contract had uniform structure: performance of certain actions and rituals, pronouncing certain words. For example, in order that the contract of purchase and sale was considered as the prisoner, was to execute the established rules enough: to shake hands each other and to pronounce for this case the word «bereke tap». There were certain requirements imposed to the parties participating in the contract, in particular, it concerned capacity. So, it was necessary for validity of the signed contract that the person imprisoning him was in full consciousness and majority. Besides, the persons signing the contract have to be male. Women did not participate in the contractual relations, they could not witness and. In customary law the essential place was taken by the norms regulating responsibility for non-execution of obligations. In this case compensation of the caused damage was the main form of responsibility, in other words, to the party damages in the form of real valid damage were paid, responsibility had compensation character. Besides, responsibility for non-execution of contractual obligations existed also in the form of a penalty. The penalty could be applied as one, and together with compensation of damage. Also the institute patrimonial was known to the traditional right of Kazakhs mutual aid. They include: a) Konak asi – the principle of hospitality. This institute consisted in free granting an entertainment and lodging for the night to any traveler, irrespective of the number of the people accompanying it. In case of violation a tilt cart by the owner of the principle of hospitality, the traveler could appeal to court биев and demand a penalty in the form of a horse and a dressing gown. b) asar – free aid in mowing, digging of wells, building of winterings, etc. c) zhilu – free aid in case of jute. d) zhurshilik – free aid to the relative in payment of a debt. e) againshilik – material support of the impoverished member of a sort. 72
e) kyzyl koteru – free aid to the relative in case of a murrain. The cattle was divided into 12 parts, and then relatives redeemed it and by that compensated an overall cost of an animal. Existence of data of institutes testified to democratic character and humanity of the Kazakh customary law. Control questions: 1. Call main types of a tamyrstvo? 2. What types of contracts were widespread in the Kazakh society in the XVXVIII centuries? 3. What value of institute of patrimonial mutual aid? Test tasks: 1. What types of contracts were widespread in the Kazakh society in the 15-18th century of century: a) mena, loan b) purchase and sale c) employment, rent d) storage e) contract 2. The contract of transfer by the creditor to the poor of milch cattle to temporary use for working off carried the name: a) saun b) amanat-mal c) аsar d) zhilu e) zhurtshilik 3. The loan agreement in the Kazakh society in the 15-18th century was signed for term: a) no more than a year b) no more than 3 years c) for 5 years d) for 9 years e) for 11 years
5. Court and process on the Kazakh customary right Judicial authority in the Kazakh society belonged to khans, sultans and beys. The main carriers of judicial authority were bey. To be entitled bey, the person had to possess a number of qualities. 73
1. It had to be held in respect from the relatives and to serve for them as the authority. 2. He had to know well customary law. 3. He has to be the beautiful speaker. The court on the Kazakh customary law was public, competitive, all affairs had claim character. Process began according to the plaintiff's declaration. Bey were chosen under the mutual agreement of the parties. By had the right to accept business to production both at the request of the claimant, and according to the mutual application. However, in the first case of bey had to take necessary measures for carrying out judicial session with participation of both parties. The defendant was anyway obliged to respond to the notification Bey about initiation of business concerning it. In case of absence of the defendant or his authorized representative on court in due time without good reason, bey had the right to make in absentia after consideration of the case the decision in favor of the claimant, and on the defendant evading from court, the penalty could be imposed. Except an illness no other circumstance should have interfered bey in immediate trial of business. In case of an illness of biya could delay court and punishment before the recovery. But if facts of the case could not suffer delays, then bey was in that case obliged to send poor or the criminal to another at his discretion bey. Procedural rules of customary law knew also institute of removal of judges, however false suspicion (so, undermining authority of bey) was punished by a penalty. Prior to process of the party could declare branch to the judge in the presence of weighty the basis. If one of the parties declared branch unreasonably, then the guilty person had to pay a penalty. Treated the conditions which were the cause for branch: 1.Existence of the related and peculiar relations between participants of process. 2. If participants consist in well-known hostility. 3. If judges, witnesses, jurors and other participants of process are interested in outcome of the case. 4. Also, the reason is the fact «tamyrstvo» friendship and friendly relations that bind their reciprocal gifts or services. 74
5. Also was the cause: falsity of the persons which are not inspiring trust in personal acts; the persons exposed in false oath or perjury; the persons having intellectual or physical defects; female persons. Terms of limitation period were definitely not regulated, but the court behind prescription could refuse the claim and reconcile the parties if the claimant does not prove the objective reasons of untimely presentation of the claim bey. Judicial review began with a throwing ceremony before the judge to claimants and defendants of lashes. This ceremony meant that the parties are ready to the beginning of lawsuit. Branch attempt of bey after commission of this custom it was strictly forbidden . The main feature of court of bey’s consisted that as the parties of lawsuit not certain individuals, but the patrimonial groups connected at the lowest levels by uniform property, and on higher – the common socioeconomic interests acted. It found expression in the following: 1. It is known that the oath was one of the major proofs. But the oath was taken not by individuals in the person of the claimant and the defendant, and their most dear relatives. The oath could be imposed on various circle of relatives up to the seventh knee depending on complexity and a complexity of case in point. 2. Responsibility in the form of payment of an aiyp or kuna was imposed on tribal community of the guilty person. According to an aipa and kuna received also patrimonial community of the victim. 3. As a rule, the crime committed in the aul was punished more strictly, than the crime committed in others aul. 4. Mechanisms of protection of the rights of the individual existing out of patrimonial collective were not known to traditional nomadic society of Kazakhs. Before beginning process, by offered the parties reconciliation and in case of refusal began hearing. Usually it occurred at big gathering of people, and not only the interested people, but also everyone. Proofs in court of beys were: testimonies of the claimant and defendant; testimonies of witnesses. The parties could state before biy own version of the conflict and an essence of the brought charges or their groundlessness. As the first, usually, the claimant then he of bey gave the floor to the defendant 75
who either completely, or partially recognized justice of charges and expressed readiness adequately to indemnify the caused loss acted, and then bey immediately started conciliatory procedures after which the conflict was considered as settled. If the defendant rejected foolish, in his opinion, charges and proved the innocence, lawsuit passed into the following stage – consideration of facts of the case. The claimant, and the defendant showed to court of witnesses if those were available, each of which confirmed with the indications or disproved arguments in favor of one of the parties. On the Kazakh customary law could not witness the woman; the nearest relations of the claimant and defendant, minor; the persons which were exposed to earlier corporal punishments; mentally ill people. Number of witnesses 2-3 persons. Certificates of ordinary community members had evidentiary force only after bringing of the oath. Only the persons, which reached majority could take the oath. Had no right to swear children as did not understand value of the oath, and also the woman. The oath was taken by notable and dear members of a sort. Also resorted to the oath in case of impossibility, in other ways to find out truth. The oath from the claimant carried evidentiary value. The oath from the defendant carried cleaning value. Calculation of the court in the appointment of the oath was that the oath-taker, aware of its responsibility as a kinsman, ie a person close to the defendant, has a much greater capacity to establish the defendant’s guilt, since the latter environment is usually aware of his guilt or innocence. For the oath-takers they talked about their own honor. Sworn in innocence, but knowing about wine kinsman or having serious reasons for guilt, thereby oath-taker lost an honest man’s reputation, especially among relatives, which means that inevitably, and in society. Therefore, any oath-taker, as a rule, always conducted its own investigation and tried for their part to reconcile the litigants, and then, if unsuccessful outcome, took one of the two necessary decisions. He could swear at the appointed time, being sure to conspecific innocence. In this case, the court with a clear conscience, ruled in favor of the defendant, acknowledging him innocent. If the oath-taker found that the defendant is guilty, he could not just come to the appointed place. The court, without waiting for the oath and unambiguously interpreting the reason for this, again with a clear conscience, ruled in favor of the plaintiff. 76
In the bey’s court, where all cases were resolved and approved on the basis of the officially accepted the oath, and advocates participated. Along the way, they are using available evidence, given biys reliable information. Defenders «Zheti Zhargy» Tauke khan could perform all comers. The defenders have the right to use all means at their disposal to protect the accused. The contending parties had no right to give the guarantee. Guarantor for the accused could act known for its integrity, respected by all the people. Guarantee of little-known people who do not use special authority has been taken, they were not allowed to swear. The logic is as follows: to provide confidence to people to unscrupulous, dishonorable opened the way to lawlessness and making illegal decisions. If during the trial appeared insurmountable doubt, the parties may resort to the surety. According to customary law the plaintiff could demand a guarantee from the most respected member of the race of the defendant. In practice, there have been cases where at the request of the plaintiff the defendant guarantor be a person in a hostile relationship with the defendant. In this case, the defendant may waive the surety. Total respondent could bring his refusal to four times. Guarantor elected people to the tenth generation relatives. A close – distant relatives involved, depending of the circumstances and at the discretion of the defendant. After surety business was considered justified. The debate on this stop. Therefore, often, both sides are trying to do without surety. Guarantor is also not so easy to be in this role. He risks hear «excuse issued without examining the case, as it should». If people do not know all the side of the matter, and the guarantee is as doubtful vouch lose respect in the eyes of others. So sometimes he pays a surety cattle to the victim as «Sadaqa». After placing all the evidence, the judge makes a decision. The decision handed down orally. After the decision was announced was held a ceremony of Ala zhip. The essence of this institution was reduced to the fact that the plaintiff and the defendant the rope was cut into small pieces. This custom witnessed the completion of the trial. The characteristic conditions of the rite «ala zhip» and its legal implications of the customary law of the Kazakhs are: 1. The rite was accomplished at least the end of the proceedings and the payment of litigants each other property damage or loss, if both parties have a claim that is set by the court. 77
2. The rite was accomplished at the end of the process both in criminal and in civil matters in the presence of the participants themselves biys and litigation. 3. The rite was accomplished by the parties or on their behalf, or by proxy. 4. «Ala zhip» have the right to make parents, relatives or even attorneys, if they are the legal representatives or proxies litigants. 5. A person who cut the rope, the defendant was obliged to give a dressing gown. In addition, the knife which cuts the rope just stayed the one who cut the rope. Making «alazhip» rite preclude the resumption of the dispute, litigation and no other person in the secondary hearing should not have been included. This fact convinces us that prior to the introduction in Kazakhstan Bey’s courts of appeals and the principles of unfinished sentences and biys was no decision, there was no definition of the court of appeal and cassation instances. Rites «ala zhip» is a criterion for excluding the possibility of appeal. If the complaint of the parties filed after the ceremony «ala zhip» proved to be false, that those responsible for it be punished at the discretion of bodily disassemble this thing beating. For his efforts Beys received 1/10 of the amount of the claim. Execution court decision beys entrusted to the plaintiff. In that case, if the defendant refused to voluntarily execute the decision of the biy court, the plaintiff could resort to barymte. Barymta – a violent cattle rustling in order to restore the violated rights. The roots of this institution goes back centuries, as there was in ancient times, even before the drafting of statutes and Oirot «Yasa of Genghis Khan», although the latter have had a certain impact. Sources indicate that the institution was known barymta Turkic customary legal system (VI – XII centuries.). Barymta represented both moral and customary law. Barymta – it's not just stealing cattle. The main aim of this institution was to achieve the objective pursuit of justice by restoring their violated rights. Barymta is, firstly, the areas associated with physical or mental injury; secondly, a means of punishment for straying from the tribal community of interest; thirdly, the way to protect the violated right or 78
way of enforcement of the court decision biys; Fourth, a form of social protest or dissatisfaction; Fifth, form solutions intergeneric disputes. Initially barymta occurs as a form of manifestation of retaliation in a nomadic society. The main thing in the Taleon – this proportionality, ie, therefore limits the extent of taleon retribution. If he acts as «an eye for an eye, a tooth for a tooth» in European law, the Kazakh law, he appears as «an ear for an ear», «hoof of the hoof». As a way of protection of the violated right, the barymta was necessary at certain stages of historical development of society and state. Existence of a barymta as way of restoration of the violated right demonstrated aspiration of traditional Kazakh society to self-control and self-development. Conditions of legitimacy of a barymta: 1. Barymta had to be made at night, but not in the afternoon. 2. It was necessary to report about the preparing barymta to the elder of a sort. 3. The quantity of the stolen cattle had to correspond to the claim price. At violation of conditions of commission of a barymta generally there came such types and measures of responsibility as payment kuna and an aiyp, and also forms of moral censure. The party which lost in court биев could appeal against the decision of bey in khan’s court. If the khan confirmed a judgment of beys, then the complainant was accused of attempt to discredit the judge and was exposed to corporal punishments. If the khan doubted justice of the sentence brought biy, then he suggested to reconsider case. Quite often arguing parties made attempts to resolve a problem by a mutual consent, without bringing the matter to court of beys. These actions in customary law carried the name: bitim, bereke, salavat. Bitim is a contract on a mutual basis and diversion by a mutual consent. After that bey had no right to consider case. Bereke – the contract in an oral form of the purchase and sale forming a basis of various transactions, etc.
Salavat – refusal of the arguing parties of presentation mutual a claim and the requirement, that is mutual forgiveness. The forgiveness was made with obligatory participation of aksakals of the aul, a sort, etc. Intergeneric lawsuits and disputes were considered by council of beys. Control questions: 1 Who possessed judicial authority in the Kazakh society? 2. What value of a barymta? 3. What was meant by custom «ala zhip»? Test tasks: 1. Execution of a judgment of beys was assigned: a) on the claimant b) on bey-judges c) on the ancestor d) on the defendant e) on witnesses 2. Bey judge for the considered case remuneration in a size was necessary: a) 1/10 part from the claim price b) 1/2 part from the claim price c) 1/5 part from the claim price d) 1/3 part from the claim price e) 1/20 part from the claim price 3. Oath was recited: a) claimant b) defendant c) notable and dear members of a sort d) close relatives of the claimant e) close relatives of the defendant
Chapter 5 ACCESSION OF KAZAKHSTAN TO RUSSIA AND IT IS STATE – LEGAL CONSEQUENCES Keywords: accession, contract, amanat, yasak, protectorate
1. Political and legal conditions of accession of Kazakhstan to Russia The death of Tauke khan in a heat kazakh – zunghar war aggravated all contradictions existing in the Kazakh society in the XVII-XVIII centuries. After death of Tauke khan in 1715, Kaip was elected the allKazakh khan. Race for power, civil strifes led to the fact that in 1718 kazakhs suffer a defeat from the Zunghar. Fight for a khan’s throne amplifies. As the main applicants Abulkhair and the son of Tauke khan Bolat acted. At the end of 1718 Kaip khan was killed in race for power. As a result it led to decentralization of the power in the khanate. Bolat became the Supreme khan, however, Turkistan passed under Abulkhair’s power. Actually the state was divided into several khanates. In the spring of 1723 new approach the Zunghar to the Southern Kazakhstan showed all weakness of the Kazakh khanate split into parts. Each Kazakh association was forced to be protected independently. Abulhair khan tried to keep Turkistan, however, these attempts were not crowned with success and the Syrdarya region passed under control of aggressors in 1724. Only in 1726 there was organized a militia of Younger and Average zhuz where the most famous batyrs entered. Zunghars were crushed on Bulanta’s river. In 1728-1729 the elite of three zhuz managed to agree about convocation of the all-Kazakh congress for the organization of repulse. Congress elected the Supreme Commander who became the khan of the Younger zhuz Abulhair. Under its management the Kazakh army crushed the Zunghar to the South from Lake Balkhash. However it did not lead to permission of political contradictions. After defeat the Zunghar was called the all Kazakh congress which main objective was election of the senior khan. However beys 81
rejected Abulkhair and Semeke’s candidacies proposed by it, and supported the sultan Abulmambet, the son Bolat. It was explained by the fact that strengthenings of the khan’s power were afraid of beys. Abulkhair and Semeke left congress with soy supporters and left in the village. Seeking to receive the sovereign power Abulkhair began to look for allies among neighboring states. In 1730 he sends embassy to Ufa for the purpose of the introduction in the Russian citizenship. On February 19, 1731 the empress Anna Ioanovna signed the diploma about accession of Kazakhstan to Russia. On October 10, 1731 at meeting of foremen of Younger and Middle zhuz after long disputes bringing of oath of allegiance to the empress took place. The diploma of the empress and the oath were basic elements of the contract between Russia and part of Kazakhstan. For Abulkhair’s deprivation of advantages in internal political struggle Semeke khan and Abulmambet khan and the sultan Ablay on December 19, 1731 accepted protectorate. From their party it was the compelled step. Originally between Russia and Kazakhstan the protektorate relations were established. The protectorate is a form of dependence at which the favored state loses part of sovereignty. In an exchange the state – a protector undertook to protect interests of the dependent state from the third states. Policy – legal conditions of accession of Kazakhstan to Russia: 1. Bringing of the oath of fidelity to the empress and her successors. 2. Protection of the trade caravans following in transit through the territory of Kazakhstan. 3. Loss of right subjectivity. From now on Kazakhstan stopped being the subject of international law. From his face on the international scene Russia acted. 4. Execution of military service in favor of Russia. 5. Non-aggression against the Russian citizens. In the XVII-XVIII centuries between the Ural Kazaks, Bashkirs, on the one hand, and Kazakhs, on the other hand, there were skirmishes for the pastures and reservoirs which are quite often coming to an end with a victory of Kazakhs. As the Ural Cossacks and 82
Bashkirs were citizens of Russia, Kazakhs undertook not to attack them. 6. Payment of a yasak fur and skin. 7. Return of amanat, i.e. hostages from among sons of khans and sultans. 8. Russia undertook only one obligation. It is assistance to Kazakhs in case of attacks from the third states. Under the terms of the contract Russia could not interfere with internal affairs of Kazakhstan. However after death Abulkhair khan, since 1748 the Russian emperors appropriate the right of confirmation – an administrative authorization of khans in advantage. Control questions: 1. When the contract on inclusion of Kazakhstan into structure of Russia was signed? 2. Call the main conditions of accession of Kazakhstan to Russia? Test tasks: 1. Yasak is: a) a tax in the form of skin and fur b) war tax c) emergency tax d) post tax e) working off 2. Amanat is: a) institute of hostages b) institute of patrimonial mutual aid c) tax d) marriage form e) working off 3. Which of the Kazakh khans the first brought up a question of accession of Kazakhstan to Russia? a) Abulkhair b) Semeke c) Ablai d) Tauke e) Kasym
2. Public-legal consequences of the accession of Kazakhstan to Russia It should be noted that consequences of so-called «voluntary» accession of Kazakhstan to Russia objectively carried both negative, and partly positive character. It is possible to carry the fact that signing of the contract between Russia and Kazakhstan was a legislative basis for military – political expansion of Russia in the region to negative consequences. Construction of the strengthened lines on russian – kazakh border was for this purpose carried out. After accession of Kazakhstan to Russia the active policy on incitement of ethnic strife for the purpose of suppression of any antirussian performances of Kazakhs was conducted. Measures for restriction of land use of kazakhs in border areas were repeatedly undertaken. In this regard in 50th years of the 18th century to nomadic auls it was forbidden to overtake cattle through Yaik and Irtysh. Life of the Kazakh tribes since ancient times leading a nomadic life changed, the part of them passed to a settled conduct of life, unusual for Kazakhs, nonconventional rules of the state and political arrangement for Kazakhs appeared. A lot of the restrictions changing economic bases of the Kazakh society was entered. Gradually Kazakh Khanate was integrated into system of economy of the Russian Empire that promoted destruction of natural farm patterns. The crisis of pasturable and cattle breeding economy caused by land narrowness burst; there was a violation of traditional economic system, as a result of association productive forces were seriously undermined. As a result the impoverishment of ordinary Kazakh community members began. Kazakhs lost the best pastures, the aspiration of the Kazakh population to destruction of the kazak farms is explained by it. There was an emergence of a number of forbidden lands – all this was the cause to start the broad anti-colonial movement of Kazakhs which accepted in the seventies 18th century organized forms. Revolts and the interstine conflicts discordant with the decision on accession to Russia began. However, there were also positive consequences. Thus, the trade routes that passed through the territory of Kazakhstan, began to acquire more and more international significance, as associated countries of Eastern and Western Europe to Central Asia. A Kazakh 84
nomadic gradually improving trade and diplomatic exchanges between Russia and the Central Asian states; Russian government showed a genuine interest in the political situation in the steppes of Kazakhstan and the Kazakh Khanate relations with its neighbors. In turn, the Kazakhs, exposed ruinous raids of neighboring feudal states were also interested in relations with Russia as a strong ally. Discussion of these issues was the beginning of diplomatic relations between Kazakhstan and Russia; Kazakh economy is gradually drawn into the orbit of capitalist development. Efforts import to Kazakhstan not only finished products but also of capital. At the steppes arose city, is gradually becoming the administrative and economic centers of the Kazakh Khanate, build roads, factories, banks open; joining the Russian Empire contributed to the intensification of trade and economic contacts between the two countries. Began to restore traditional trade. Neighbors also engaged in barter; Russian Empire, wishing to protect their new ownership, has adopted a number of measures to ensure the safety of the annexed territories. In the 18th century the Russian government undertook a number of military-political and diplomatic actions thanks to which it became possible to resist and to aggression of China; mass resettlement to the Kazakh steppes of the Russian peasantry led to establishment of close ties between Kazakhs and Russians. The relations, which developed because of cohabitation considerably affected traditional life of both the Russian immigrants, and indigenous Kazakhs, mutually supplementing each other. Control questions: 1. What negative consequences of accession of Kazakhstan to Russia? 2. What positive consequences of accession of Kazakhstan to Russia? Test tasks: 1. When oath of allegiance to the Russian empress was signed by junior and middle zhuzes? a) 1723. b) 1726. c) 1729. d) 1731. e) 1735. 2. The institute of hostages carried the name: a) yasak 85
b) amanat c) zhilu d) asar e) tamyrstvo 3. The right of an administrative authorization of khans in their advantage is: a) sacralization b) satrapy c) confirmation d) composition e) legitimacy
Chapter 6 THE STATE AND THE RIGHT OF KAZAKHSTAN AS A PART OF THE RUSSIAN EMPIRE IN XVIII – XIX CENTURIES Keywords: protektorate-vassal relations, reform, punishment, vow, Akhun, distances, foremen, volost governors, regional board, boundary court.
1. Forms of restriction of Khan’s power in Kazakh Zhuzes In the second half of the 18th century the imperial government began to pursue policy of gradual transformation the protektoratevassal of the relations in colonial. Kazakhstan had to turn into a colony of Russia. Especially notable influence of imperial administration was in a younger zhuz. Here the Russian authorities consistently pursued the policy directed to liquidation of the khan’s power. This task had to be solved in three stages: The I stage – the Statement of the khan on a khan’s throne. The II stage – Restriction of the khan’s power. The III stage – Liquidation of the khan’s power. For achievement of the purposes the imperial government used methods of discredit of the khan’s power, its easing. So, by means of confirmation governors, obedient and dependent on the Russian government, came to the power. In 1748 Nurali khan with serious violations of customary law was approved as the khan of the western and northern regions of Kazakhstan. Actually Nurali was the Russian official who was quite often resorting to repressive measures against the people. Methods of its board finally led to falling of the authority of the khan’s power. Secondly, led elections of parallel khans to weakening of the khan’s power. This measure, according to the Russian government, had to lead to split of political unity of Kazakhs. Thirdly, the imperial government created conditions for fight of various political groups for the power. 87
All above-named measures of the imperial government led to the fact that at the end of the 18th century there was a rise of liberation movement which edge of fight was directed, first of all, against the Nurali khan and certain representatives of the middle group. In this situation the Russian government, using anti khan’s moods, tried to liquidate the khan’s power in a younger zhuz. The Orenburg governor general Igelstrom in 1785 offered the empress the project of reform of management of a younger zhuz. According to this reform, younger zhuz was divided into three parts: Alimulinsk, Bakulinsk, Semirodsk. Punishment was at the head of each part. Punishment consisted of the chairman, two deputies from influential foremen. Punishments submitted to the boundary court founded in 1786 in the city of Orenburg. The boundary court consisted of the chairman – the Russian official, five Russian officials and six elective Kazakh foremen. In forty two labor of a younger zhuz patrimonial foremen were approved. On Igelstrom’s project of punishment and boundary court had to carry out administrative, judicial and police functions. Foremen took the oath in boundary court. Thus, the main objective of reform of Igelstrom consisted in liquidation of the khan’s power. However reform did not achieve a goal. Punishments could not become conductors of a colonial policy of tsarism. They did not cope with the tasks set for them. Reform led only to strengthening of group headed by the leader of liberation movement of Syrym batyr. In this regard in 1789 the imperial government developed the new project of management in a younger zhuz providing restoration of institute of the hansky power. In 1795 after death of the Erali khan, khan of a younger zhuz it was appointed Esim which foremen led by Syrym batyr and sultans led by Karatay opposed. In 1797 Esim was killed. The imperial government made a new attempt to liquidate the khan’s power and to operate a younger zhuz through the body under control to Russia. According to this reform, for management of a younger zhuz Council of foremen into which entered the chairman – the sultan and six foremen was established. Council of foremen began the work in 1798 under the chairmanship of the sultan Aichuvak. However and this reform was not crowned with success as political crisis was not 88
overcome. Reform led only to strengthening besides of group. Council of foremen was opposed by sultan group which supported restoration of the khan’s power. As the candidate for a throne they nominated Karatay. Thus, and this reform failed. The imperial government was forced to restore the khan’s power in a younger zhuz. The khan in October, 1797 approved Aichuvak who was not holding authority among Kazakhs. In the period of Aichuvak’s government intergeneric conflicts amplified, the number of extortionate attacks for the purpose of enrichment increased, attacks from the Ural Kazaks amplified and the Bashkir. For resolution of conflicts of the foreman of a younger zhuz in the summer of 1803 were going to white mosque near Orenburg. At congress the oath agreement – a vow was accepted. The vow of 1803 contained the following items: 1. All controversial issues arising between Kazakhs and the Russian administration have to be transferred to special body from two Russian officials chosen as Kazakhs; 2. Strengthening of the power of the khan and establishment vassal of the relations between sultans and foremen; 3. Distribution of the poor people who are engaged in robberies between communities; 4. Application of the most strict measures to barymtacha from among the Russians and the Bashkir plundering peace Kazakh auls. Not all foremen and sultans signed a vow as they did not wish to put themselves in vassal position in relation to the khan and to the Russian authorities. Provisions of a vow were not realized, the khan Aichuvak was displaced, and his place was taken by Zhantore. At the same time congress of sultans and foremen elected the khan of Karatai who headed liberation movement of Kazakhs. In 1809 Zhantore was killed that allowed colonial administration again to try to liquidate the khan’s power. In this regard «Rules for khan’s council» were prepared and approved: were at the head of hansky council the chairman approved as the governor general. Council also included six advisers elected by Kazakhs and confirmed to the post by the commander-in-chief of troops of the Orenburg line. Besides, the institute of the chief and private governors was established. 89
Thus, the imperial government tried to create obedient bureaucracy from among the Kazakh political elite. The policy of the imperial government directed to restriction and liquidation of the khan’s power on average to a zhuz before the beginning of the 19th century did not bring notable results. 2. Social and political system of the Bukeev’s Khanate In 1801, five thousand families of Kazakhs junior zhuz led by Sultan Bukei migrated to the territory between the Volga and the Urals, where a new state received in the history of the name Bukeev Khanate was established by the decision of the royal administration. The main reasons for the formation Bukeev Khanate were the economic decline and the deepening of the crisis of the land. The sultan Bukei who in 1812 received a khan’s title was at the head of the Bukeev khanate. In 1824 Bukey’s son – Dzhangir who carried out the reforms which turned the khanate into the real monarchy became the khan of the Bukeev’s horde. Bukeev Khanate Management consisted of three instances: general supervision, the closest supervision and important local government. The general supervision was exercised by the Ministry of Foreign Affairs. The closest supervision exercised Orenburg military governor. The main local government exercised Khan and his administration. Khan claims to the throne of the Russian tsar. His power is transferred by will. In his hands he was focused all the fullness of the administrative judiciary and the legislature. At the khan council of the sultans possessing consultative functions and also council биев consisted. Was a part of council twelve beys. They had rights of a law-making initiative and were advisers to the khan. At the khan the office which was divided into two parts – Russian and Tatar consisted.
The Khanate was developed Bukeev Institute bazaar sultans, whose main function was to collect fees from the Kazakhs who sold cattle. Religious in the Khanate performed mullahs. The functions of the main governing entity and the judge assigned to akhun. Institutes of kazak captains and signal were of great importance. Kazak captains carried out special orders of the khan and were appointed from among the senior communities. Signal carried out communication functions. Actually they were coherent between various parts of the khanate. The local government was carried out by sultans – governors who were appointed the khan. Sultans – governors were conductors of khan’s policy on places. In borders of the khanate deputies to whose duties belonged were appointed: 1. Suppression of attempts from Kazakhs of unauthorized crossing of the border. 2. Participation in the investigation held by the Russian boundary authorities. 3. Search of defendants on the sites. 4. Escort of the Russian officials. 5. Analysis of lawsuits. The territory of the Bukeev’s khanate was divided into 12 associations, each association was divided into a seniority. Everything was 200 seniority. Also there were 10 boundary sites. The population of the Bukeev’s khanate paid taxes and taxes. Main types of a tax were «zyaket» also «sogym». Sources of law in the Bukeev’s horde were the adat and shariat. Besides the great influence on the Kazakh customary law was exerted by legal system of Russia. Object of property in the Bukeev’s khanate for the first time in the territory of Kazakhstan were not only the cattle, but also the earth. In the territory of the Bukeev’s horde the following system of judicial authorities worked: 1. Local courts as a part of sultans – governors, beys, appointed the khan. 2. Khan’s court which part Akhun was. 91
3. The court martial investigating criminal cases on the basis of the all-imperial legislation. The following criminal cases about such crimes as treason, resistance to authorities, escape abroad belonged to maintaining court martial, murder, production of counterfeit money, stealing of state and public property, set fire, violence, a barymta, a robbery, theft to up to 30 rubles silver more than two times a year. After death of the khan Dzhangir, the khan’s power in the Bukeev’s horde was abolished. In 1845 was founded Temporary Council at the head of which there was the Russian official. Control questions: 1. Disclose the content of reform of Igelstrom. 2. Disclose value of acceptance of a vow of 1803. 3. When the Bukeev’s Horde was formed? Test tasks: 1. When Igelstrom’s reform in a younger zhuz was carried out? a) in 1785. b) in 1750. c) in 1780. d) in 1800. e) in 1905. 2. Main objective of reform of Igelstrom: a) abolition of the khan’s power b) establishment of punishment c) establishment of boundary court d) establishment of distances e) establishment of the county 3. In what year Khan’s Council was founded? a) 1791. b) 1785. c) 1790. d) 1620. e) 1822.
3. Administrative-territorial reforms of the 20-40th years of XIX century In 1825 the area of the Orenburg Kazakhs was divided into 3 parts: Western, Average and East. The patrimonial sign was the basis for this division. Each part in turn was divided into distances and auls. In June, 1844 the new «Provision on management of the Orenburg Kazakhs» was accepted. The highest control of the Orenburg department was exercised by the Ministry of Foreign Affairs. The general control was exercised by the boundary commission consisting of the chairman, his companion, 4 advisers of the Russian officials, 4 assessors and from honourable Kazakhs. The chairman of the boundary commission was appointed and left under the special decree of the emperor on representation of Asian department the Ministry of Foreign Affairs. His deputy was appointed the Ministry of Foreign Affairs. Other officials were appointed the Orenburg military governor on representation of the chairman of the Boundary commission. The boundary commission was divided into 4 offices: 1. Executive – was engaged in cases on supervision of subordinate administrative bodies. 2. Judgment – was engaged in consideration and permission of civil cases. 3. Criminal – was engaged in consideration of criminal cases, for commission which Kazakhs were subject to responsibility on is general to imperial to the legislation. 4. Financial calculating. Private control was exercised of three sultans – governors dimachine and aul chiefs. Sultans-governors were appointed from among Abulkhair’s descendants. At each sultan-governor the assistant, a clerk and 5 delivery men consisted. Sultans-governors were appointed to indefinite time. Dimachine and aul chiefs were appointed sultans-governors and were approved boundary the commissions. In total from 1831 to 1841 31 distances along an ambit and steppe part of the younger zhuz were open, by 1857 their quantity increased to fifty seven. 93
Functions of dimachine chiefs were reduced to execution of orders the highest chiefs and to its implementation of police functions. Aul elders were under direct supervision of dimachine chiefs. The same functions, as dimachine carried out. Besides, aul elders had to collect a kibitochni tax in the aul. Reforms of the 20-40th years provided introduction of institute of trustees. 6 trustees from the Russian officials for settlement of disputes between Kazakhs and inhabitants of an ambit were appointed; For control of the Kazakh elders of its production of a consequence. In total 6 guardianship were formed: Guryev, Orsk, Mikhaylovsk, Ural, Orenburg, Troitsk. Main objective of introduction of this institute was restriction of the power of sultans-governors. Characteristic features of the management entered on reforms of the 20-40th years were the bureaucratization and centralization of the power absence of the elective principle. The judicial system of Kazakhs of the younger zhuz consisted of the following bodies: 1. Court martials – considered criminal cases about high treason, murder, robbery, a barymta, capture of the Russian citizens, antigovernmental activity. 2. The criminal office of the boundary commission considered cases of theft and of fraud for the sum over 20 rubles silver. 3. The judgment office of the boundary commission considered claims for the sum over 50 rubles. 4. The court of beys considered only civil suits for the sum not over 50 rubles. 5. The world verbal court considered civil suits and complaints to court of beys. Decisions of world court were considered as final. In general in the first half of the 19th century there were big changes in a political system of Kazakhstan. Under charters of 1822 and 1824 the khan’s power in Kazakhstan was liquidated and entered system of territorial administration. The political status of the Kazakh lands through introduction of system of the centralized management of Russia in Kazakhstan was changed. Political independence of the people on the most part of Kazakhstan was liquidated. Favorable conditions for economic development of the Kazakh edge were created. Traditional economic and tribal bases of the Kazakh society 94
were broken. Ways were open for expansion of a colonial policy of imperial Russia. All these measures were carried out for the benefit of tsarism. Control questions: 1. What main objective of reforms of the 20-40th years of the 19th century in younger zhuz? 2. Main objective of institute of trustees. 3. What changes were entered into judicial system of Kazakhs? Test tasks: 1. According to what reform for the first time the territorial principle was the basis for division of Kazakhs? a) on reform of 1822. b) on reform of 1824. c) on reform of 1844. d) on Igelstrom’s reform e) all above-mentioned 2. According to what reform in the territory of Kazakhstan the institute of guardianship was entered? a) 1824-44. b) 1822. c) 1785. d) 1791. e) 1797. 3. Who was the author of reform of 1822? a) Speransky b) Solovyev c) Guchkov d) Tolstoy e) Berdyaev
4. The administrative device and the right of Kazakhstan on reforms the 60-90th years of XIX century To the middle of the 60th years of the 19th century accession of Kazakhstan to Russia came to the end. On time it coincided with cancellation of a serfdom in the Russian Empire and acceptance of a number of bourgeois reforms. After cancellation of a serfdom the imperial government carried out territorial, judicial in the field of national education and city reform. Content of reforms was reflection 95
not only developments of the capitalist relations, but also deepenings of crisis of serf system, strengthening of a class differentiation, activization of fight of workers of masses against the old rottedthrough system. After cancellation of a serfdom in 1861 the agrarian question in Russia remained not resolved. During this period the cities grow in Russia, there are large centers of the industry, the railroads appear. Commodity and capitalist land tenure develops. The technology of production in all branches of a national economy left a condition of stagnation. With development of capitalism in Russia and transitional it in the last stage – imperialism, the industrial proletariat is formed, in the village differentiation process, the peasantry on a kulaks and the agricultural proletariat amplifies. Development of capitalism in Russia promoted the further growth of public labor division which in turn, promoted strengthening of the uniform All-Russian capitalist market. Kazakhstan as part of the uniform Russian Empire could not remain away from this process. It was inevitably involved in circulation of capitalist development of Russia. Economic development of the country only on searches of the new markets among the national suburbs attached to Russia, including in Kazakhstan. Economic relations between Kazakhstan and Russia are strengthened. Kazakhstan became for Russia not only object of distribution of the sphere of domination of the Russian capitalism, but also the supplier of agricultural raw materials for the developing capitalist industry of monopolies. The signs typical to colony signs were characteristic of Kazakhstan of the 60th years of the 19th century: 1.Existence of the unoccupied, free lands easily available to immigrants. 2. Existence of the developed global division of labor of the world market thanks to which colonies can specialize in mass production of agricultural products. Kazakhstan at the same time treated type of such colonial countries where backward forms of economy and patriarchal and patrimonial life still dominated. The capitalist relations only arose. The Russian capital needed to reconstruct economy of Kazakhstan according to problems of capitalist development of the country with the purpose to turn Kazakhstan into a sales market of cheap raw 96
materials for the Russian Empire the tsarism began to carry out administrative reforms. The policy of autocracy in Kazakhstan was reduced to capture of key positions, that is to creation military окупационной control systems, to legalization of a robbery of lands, transformation of edge into a raw appendage of the empire, preparation of conditions for implementation of mass colonization of edge, carrying out missionary policy, a protection of interests of a feudal and patrimonial top of the Kazakh aul as social support, to conservation of feudal and patrimonial orders of land use. The task of the imperial authorities consisted in concentrating judicial administrative management directly in hands of local colonial administration, to enter a uniform control system in the Kazakh steppe. New administrative reform had to meet first of all needs of the Russian landowners and capitalists, but support of the local feudal nobility was necessary for its carrying out. The sultans-governors who replaced the khan’s power in the 19th century did not equal hopes of tsarism. In all official materials helplessness of the Kazakh sultans and hatred of a people at large to them is noted. Before starting reorganization of management, the imperial government decided to study the economic regions of Kazakhstan, a condition of the existing control system. For studying of a condition of management in the Kazakh steppe, and also preparation of the project of the forthcoming reform in 1865 by the imperial government formed and sent to Kazakhstan the special commission on presidency of the cabinet minister of internal affairs N. K. Girs (I. Protsenko, Gaines, Gutkovsky entered it). According to reskript of Alexander11 of July 5, 1865 the questionnaires obliging the commission to reveal a possibility of introduction of a new control system of Kazakhs on the basis of the general beginnings of civil authorities in the empire and a possibility of distribution among them Christian religion were made. In 1865 and 1866 the commission surveyed areas of the Siberian and Orenburg Kazakhs and the Turgay region, made the draft of the provision on management of the Kazakh steppe; the project was approved by Select committee. Waited for broad masses of the people, that reforms will facilitate their severe conditions of life. The Kazakh democrat educator Ch. Valikhanov hoped that reform will be equitable to interests of the 97
working people, will promote its familiarizing with advanced culture and economy of Russia. Since 1867-1868 up to 1898 the whole series of acts was issued: the draft of the Provision on management to Semirechye and Syrdarya regions of July 11, 1867 being valid the law. Provisional regulations for management of the Ural, Turgay, Akmola and Semipalatinsk regions of October 21, 1868, the Provision on management of the Turkistan region of July 12, 1886, the Provision on management in steppe areas of March 25, 1891, the Law on the device of judicial part of steppe areas of June, 1898 and some other. The provision on the Turkistan region of July 12, 1886 replaced Provisional regulations of 1867-1868 for management of Semirechye and Syrdarya areas. On March 25, 1891 the tsar approves the provision on management of steppe areas which came into force on October 1, 1891 and extended to the Akmola, Semipalatinsk, Ural and Turgay regions which were a part of the Steppe general governorship. Provision of 1891 still more was equitable to colonial interests of tsarism. All completeness of local authorities concentrated in hands of the feudal nobility – volost managers and the aul of foremen. By managers it was imputed a duty to make taxable lists, to display a kibitochni tax, etc. duties. As a rule the sizes of a tax were uniform both for the Kazakh poor and for large feudal lords-bayev. And though it agrees by situation, poor people and farm laborers were exempted from taxes and duties, in practice it was the simple formal reply. Kazakhs could have «the common laws presented to all rural inhabitants on their state». They were exempted from a duty, from stamp duties kept the internal life, «on the basis of folk customs», etc. Employees from indigenous people, and also notable ancestors «for diligent and useful service» were awarded with the awards established for «foreigners», i.e. the Order of St. Anna P degrees St. Stanislav P of degree, medals, honourable gifts and money. All spiritual affairs of the Kazakh steppe were controlled by the Orenburg spiritual meeting – the mufti. The reform also reflects the issues of public education, medical care of the population. In every provincial town planned to open a school «for all, without distinction of nationalities». Kazakh children were allowed to go to school in the azak villages and resettlement villages with the consent of the Village and the rural communities in the «free of charge or for a modest fee». 98
In 60-ies of the XIX century in Kazakhstan, the tsarist government the colonial administrative apparatus was created completely. This has led to some changes in the socio-political life of the Kazakh society. On the basis of the project of the steppe commission «Provisional regulations» for steppe areas were issued (on July 11, 1867 and on October 21, 1868) according to which the Kazakh steppe was divided into three general governorships – Turkistan: Orenburg, West Siberian that was practical implementation of a colonial policy «divide and dominate». Each general governorship the Ural and Turgay regions, in West-Sibir-Akmolinsk and Semipalatinsk areas, in Turkistan – Semirechye and Syrdarya regions entered. The territory of the former Bukeev’s khanate in 1872 was included in structure of the Astrakhan province: The Mangyshlak ownership in 1870 departed in maintaining the Caucasian military district, and entered the Zakaspi region a bit later. Areas, in turn, were divided into counties. The Semirechye region entered: Sergiopolsk, Kapalsk, Vernensk, Issyk kul, Tokmok and Dzharkentsk Counties; in Surdarya-Kazalinsk, Perovsk, Turkistan, Chimkent, Auliye-Ata, Tashkent, Hadzhens, Zhizaksk; in Ural – Ural, Guryev, Kalmykovsk, Embensk (Temirsky); to Turgay – Iletsk (Aktyubinsk), Nikolaev (Kustanay), Irgizsk and Turgay; in Akmola – Akmola, Kokchetav, Omsk, Peteropavlovsk counties. In 1869 as a part of the Akmola region the new Sarysulsk County with management in of Atbasare was formed (before the county was called Atbasarsky). The Semipalatinsk area included Semipalatinsk, Kokpensk, Zaysansk, Bayanualsk and Karkaramensk counties. Then the Ust-Kamenogorsk county increased. Each county was divided into the authorities created not on patrimonial, and by the territorial principle, in the last – on administrative auls which united several economic auls and consisted of 100-200 tilt carts. Volosts included from 1000 to 2000, sometimes up to 3000 tilt carts. The highest representative of the colonial power was the governor general who exercised not only the highest supervision over the areas subordinated to it, but focused in the hands and legislature. At the governor general consisted: 1. Office. 99
2. Officials for instructions. To management of each area, under the direct administration of the governor general, it is divided into the general, or regional, and private – on the cities, settlements, volosts and auls. The general regional management consisted of the military governor and regional management. In the head of the region there was a military governor allocated with the military and civil authority. He was the punished ataman of the kazak troops located in the territory of the area. Military governors of the Semirechensk and Syrdarya region were engaged also in boundary affairs. Military governors were defined and left nominal royal decrees and the royal orders, on representation of the Minister of War. The military governor on military national management acted through regional board. It was not necessary to special office at a military governorship. At the governor was established regional board from three departments: administrative, economic and judicial; each department headed the senior adviser. Duties of the chairman of regional board were assigned to the vice governor. The chairman of regional board was the assistant to the military governor and was defined and left on the representation of the Minister of War based on the preliminary intercourse with the governor general. Following, subordinate, instance were the district chiefs appointed the governor general from officers on representation of military governors of areas. They had two assistants – senior and younger (from persons of a feudal and patrimonial top and the sultan nobility). As to the head of police officers of the authorities, the military units located in counties, establishments and strengthenings submitted. The troops located in. True did not submit to the district chief. The district chief watched performance of laws of resolutions and orders of the administration. Preservation of tranquility, an order and safety in the county were assigned to its duties, to watch suspicious and harmful persons, supervision over correct receipt of taxes and collecting, over serviceability of roads, post stations, bridges, collecting of statistical data and provisions of the county, work of audit of ezdny cash desk, work of collectings on indisputable affairs, etc. Thus the district chief carried out several functions: police, civil, military and administrative. 100
«Public Administration» was volost management, headed by the lord of the parish, and aul society, headed by foreman. They were approved for three years at the option of the population. These positions shall be filled exclusively by representatives of the Kazakh feudal elite Bai. The elected representatives of the society got people «do not enjoy the trust and respect of the people, unaware of the interests of the public and not serve more as a tool of the rich and influential public figures». The bodies of the «public administration» has several functions: police, judicial and penal colonial administration selected the centuries rendered habitable land of the Kazakhs and passed her Russian and foreign capitalists. In 1868, they organized the so-called time of the party and groups that have the right to unlimited and uncontrolled removal of land from the Kazakh population. Owners often travel by land, neorashennye and unsuitable for farming and ranching. Kazakh people not only expelled from the land, but also devastated by the direct robbery, which is also provided by the legislation as Tsarism set even more rigid police state in their colonies, particularly in Kazakhstan. Legislation, imbued with the spirit of the police from beginning to end, endowed of all officials, starting with the Governor General and ending parish steward, police powers, without installing the faces of their power. The life of Kazakh workers were under constant surveillance and control officers, parish steward, constable, police officer, the district chief, etc. Police law in the steppe areas used by the county chief. The county police consisted of a district chief, his assistant, and the city becomes bailiffs and civilian police officers. The county police followed the universal order, the correct and swift production of subordinate police affairs. She was assisted by elected representatives of the «public authorities», which should have been not only unconditionally fulfill the requirements of the police, but also to make their own primary measures for policing. Thus, in the exercise of the functions entrusted police officials gendarmerie. In the course of inquiry and preliminary investigation are very often subjected to torture, which were ubiquitous. 101
Provisional Regulations on the management of steppe areas (1868), a new colonial judicial system has been installed. Judicial power owned by: 1) «People’s Court»; 2) justices of the peace; 3) District Judges 4) The military courts. «The people’s judges» were chosen by the population for three years, representatives of the Kazakh feudal bais and approved by the governor. «People’s Court» were: a) the sole judge; b) judges congresses; c) extraordinary congress of judges. Sole judge decide criminal and civil cases on the site. Convocation Dates Congresses parish judges determined the district chief. In order to solve cases related to the inhabitants of the various townships and counties convened by resolution of the Governor of the Extraordinary Congress of the «people» of judges. Extraordinary congresses were held in the presence of the district chief. It has been established and the so-called imperial courts, which were district magistrates and district judges. Justices of the Peace Precinct served as preliminary investigation in cases within the jurisdiction of the district courts. District courts have been established in all regions and were in the regional centers. By the jurisdiction of the regional court Steppe position was assigned a wide range of serious crimes committed by Kazakhs: 1) against the Christian faith; 2) the State; 3) against public order; 4) According to the state and public service; 5) against the decisions to obey the state and county; 6) against the property and income of the treasury; 7) against the public welfare; 8) against public peace and order (deterioration of telegraphs and roads, false denunciations, organizing gangs, etc.); 9) against the conditions of the law; 102
10) against the life, health, freedom and dignity (murder, wounding and beating, rape); 11) against its own (the forced acquisition of another property and the destruction of the boundary between the characters and, arson, robbery and burglary). Thus, in the conduct of affairs of the imperial court were against the colonial regime, its officials against the policy of violence and robbery. To review and resolve the magistrates were to be the case: 1) On the insulting officials in the performance of service duties, military guards and guard; 2) On the misdemeanors and crimes for which the law put penalties in excess of six hundred rubles; 3) The cases in which the punishment for the offense under the law associated with the prohibition to make trade and fishing; 4) about the misfortune that had taken place on the railways of the negligence and carelessness of drivers of trains. Control questions: 1. What changes were entered into the administrative and legal system of Kazakhs on reforms of 1867-1868? 2. On how many parts the territory of Kazakhstan on reforms of 1867-1868 was divided? 3. How the court of beyson reforms of 1867-1868 began to be called? Test tasks: 1. Among following note the incorrect answer: «Entered into the commission on preparation of reforms of 1867-68»: a) Protsenko b) Girs c) Gaines d) Gutkovsky e) Batenkov 2. How many general governorships were formed on reforms of 1867-68? a) five b) six c) three d) two e) four
3. To what territory of Kazakhstan Provisions of 1867-68 extended? a) on all territory of Kazakhstan b) on the middle zhuz c) on senior zhuz d) on younger zhuz e) on the Bukeev’s horde
Chapter 7 THE STATE AND THE RIGHT OF KAZAKHSTAN DURING BOURGEOIS-DEMOCRATIC REVOLUTIONS Keywords: State Council, bourgeois-democratic revolution, national liberation movement, party
1. Changes in an administrative political system of Kazakhstan at the end of XIX – the beginning оf XX centuries The State Council offered the changes concerning management of steppe areas: Akmola, Semipalatinsk, Semirechensk, Ural and Turgay on March 25, 1891. This situation was approved on December 28, 1892. The special place in it was allocated to local governing bodies. Money for the content of regional territorial collecting five areas called above and to the Ministry of Internal Affairs – for the maintenance of office of the Steppe general governorship, regional, district and city managements was specially allocated. In point XII «Regulations on management in steppe areas», it is noted that positions of district chiefs and their assistants in areas Akmola, Semirechenk, Semipalatinsk, Ural and Turgay can be replaced with military ranks. In 1891 there was «A provision on management of areas Akmola, Semirechensk, Semipalatinsk, Ural and Turgay. By this «situation» the Akmola region included Omsk, Kokchetav and Atbasar Counties, the Semipalatinsk area – Semipalatinsk, Pavlodar, Karkaralinsk. UsitKamenogorsk and Zaysan Counties; Semipalatinsk – Vernensk, Kapalsk, Lepsinsk, Przhevalsk, Pishpeksk and Dzharkent counties; Ural – the Ural, Kalmykovsk, Guryev and Temir Counties; Turgask – the Aktyubinsk, Kustanay, Kyrgyz and Turgay Counties. Regional management consisted from: 1. Head department in the Akmola, Semipalatinsk and Semirechensk regions; 2. Management of separate parts of different departments; 105
3. Local administrative establishments which in turn consisted from and) regional; b) district; c) city; 4. Establishments of judicial. The draft of the provision given in 1867 in the management to the Turkistan governor general worked in Semirechensk and Syrdarya regions; in the Akmola, Semipalatinsk, Ural and Turgay regions – «Provisional regulations» of 1868. These areas submitted to governor generals: Orenburg, West Siberian. In the eighties there were some changes: On July 11, 1881 the Orenburg general governorship was abolished, and, above all management of the Ural and Turgaysk regions passed to the Ministry of Internal Affairs; On May 18, 1882 the West Siberian general governorship, the Position West Siberian a general governorship and Council of head department of Western Siberia were abolished. On decree of 28 of May, 1882 it was created Steppe the governor general to whom the Akmola, Semipalatinsk, Semirechensk regions submitted. The last was withdrawn from maintaining Turkistan the general of a governorship. The areas which were a part of the Steppe general governorship coped under provisions of 1867-1868 which did not receive the legislative statement and though the trial period ended, coped on the basis of provisional regulations. In 1883 the State Council in the connected departments of laws and the state economy decided that the current situation demands change. Functions Steppe governor-general had not been clearly defined, include special rights in the military-national governance in the field of Semirechensk Turkestan province, and in other areas determined by the position of 1867-1868. According to the «Regulations on the Administration of Akmola, Semirechensk, Semipalatinsk, Uralsk and Turgay regions» in 1891 at the head of areas he has been put Steppe Governor-General. He belonged to the special duties: 1. The right after management of State-owned properties. 2. State and assembly articles. 3. Definition on each third anniversary of the property which is subject to the inventory, arrest and sale on satisfaction of collectings. 4. To enter the agreement with the Minister of Finance. 5. The highest supervision of the lowest agricultural schools. 106
6. The edition of orders and instructions concerning volosts, and also devices of immigrants. 7. Definition of rules of allocation of land for constructions. 8. Supervision of judicial establishments. 9. Purpose of volost managements. At the head of local management military governors and regional boards were put. Military governors were at the head of military management, regional boards at the head of civil as provincial board. Duties and the rights of military governors consisted in the following: 1. Have to give account in territorial department. 2. The right to claim the faces chosen the educational administration. 3. To distribute supervisors on prisons. Military governors were appointed and left on the representation of the Ministry of Internal Affairs based under preliminary agreements of the Minister of War, Nominal Royal Decrees of the Ruling Senate and orders in a generally established order. The regional board consisted of Vice governors, Advisers and Members of the general presence and connected several functions in the person: provincial government, governor’s office, state chamber, management of state-owned properties. Regional management kept account to the arriving collecting, knew trade, orders and mining industry of area. On management of rural «inhabitants» they were equated to presence, provincial on country affairs, and consisted of administrative, economic offices and special bodies by medical, boundary and construction parts. The regional board was planned to provincial board of the central regions of the empire. Counties the district chiefs appointed the Steppe governor general, and in the Ural and Turgay regions – military governors operated, they were equated to the European district district police officers and operated rural population as presence, district on country affairs, controlled decisions volost, the aul and village assemblies, had the right of seven-day arrest and a penalty to 15 rubles. On new «Situation …» to the military governor of area was granted the right to approve election results of volost management, to 107
appoint new elections or to appoint the new volost manager at discretion without carrying out the additional choice. The cities were operated by deputies from city societies at district chiefs under supervision of governors and regional boards, and at them there were police departments, and in smaller cities – city and police teams of civilian people. Management of the population of volosts and auls was carried out by volost managers and aulny foremen. Volost managers executed government directives, decisions of the courts, were present on the aulnykh elections without the right of intervention in their course, controlled, collected and displayed taxes on aulny societies. The same functions in auls were executed by aulny foremen. At the unfair relation to the duties volost managers were displaced by military governors, and aul foremen – district chiefs. The rural population of both edges (as aul and nomadic) equated in respect of the administrative unit to the rural and urban areas. Estates and other privileges of the indigenous population could be awarded on a general basis. In the settled areas of rural elders were created within the districts of the Steppe region, and in Turkestan they were called elders, society could also be called elders. In a provision of 1891 unlike the provision of 1868 articles concerning the rights of volosts to distribute pasturable grounds, between communities and an order of their distribution, as if on the basis that «process of this distribution already came to the end» did not enter. Strongly the rights of administration on control over delivery of the Kazakh lands for rent extended. Besides, unlike the provision of 1868 in 1898 the right of the administrative termination of land use of nomads by those lands which will be for them «surplus» was established. There is a strengthening of the administrative authority of officials not only over local population and over the Russian peasantry, especially after 1898, that provision of 1898 should be considered as a big stride towards strengthening of imperial oppression over the peasantry of Kazakhstan. Control questions: 1. What changes were made to the administrative-territorial device of Kazakhstan? 2. What changes were entered into the judicial system of Kazakhstan? 108
Test tasks: 1. When the Provision on management of the Turkistan region was accepted? a) 1864. b) 1867-68. c) 1886. d) 1900. e) 1917. 2. At the head of areas were under the provision of 1891: a) steppe governor general b) regional chief c) military governor d) district chief e) volost manager 3. The steppe governor general was at the head: a) areas b) county c) volosts d) aul e) area
2. The state and the right of Kazakhstan in the years of the first Russian bourgeois-democratic revolution in 1905-1907 years Revolution in Russia (1905-1907) gave the first impetus to political awakening of workers of Kazakhstan, development of national liberation labor movement. As Kazakhstan was the place not only active resettlement policy of the imperial government, but also the place of the reference of political revolutionary figures, these people played an important educational, organizational and revolutionary role in the region. In the second half of the XIX century there were a number of populist circles. In 1896, the first Marxist circle exiled workers from the Urals organized in A.D. Ushakov from Atbasar. In the early twentieth century Marxist circles appeared in Akmola, Petropavlovsk, Uralsk, Kustanai, Semipalatinsk, etc. Events of «bloody sunday» were on January 9, 1905 the cause of revolutionary performances in Russia. The message about events in St. Petersburg reached Kazakhstan. In February, 1905 in a number of 109
settlements – Turkistan, Perovsk, Shalkar, etc. – performances of workers in protest at punishment over protesters took place. As a result of speeches of workers of St. Petersburg, Moscow and other cities of Russia in Kazakhstan the revolutionary moods among workers more and more actively extending to residents of the Kazakh aul and resettlement village began to increase. In May, 1905 there took place working strikes in Verniy and Kostanay. In the summer of 1905 protests of the Kazakh population gained more organized and political character. During events of that period at the top of the voice declared itself how a vyrazitelnitsa of interests of the Kazakh people the national intellectuals which indisputable leader was Alikhan Bukeykhanov. Revolutionary events in Russia lasted about two and a half years. The manifesto of October 17, 1905 in Russia founded the State Duma – the zakonosoveshchatelny institution considering and discussing all bills approved then the tsar. Any law could not come into force without its approval. The first State Duma on the structure was cadet and liberal and worked from April 27 to July 8, 1906. 9 deputies were elected from Kazakhstan in it; 4 from Kazakh and 5 from the Russian population. Special sharpness in the Duma was gained by an agrarian question which became the reason of its dissolution. The second State Duma began the work on February 20, 1907. The main attention in its work was paid to an agrarian question. On the structure it was cadet and liberal again. From Kazakhstan in it there were 13 deputies, including 5 from the Kazakh population. Slept revolutionary movement allowed the tsar to dismiss the Second Duma on June 3, 1907. It meant revolution defeat. Participation of the population of Kazakhstan in revolutionary movement of 1905-1907 was big school, finding of experience in fight for national and social release. 3. The state and the right of Kazakhstan during World War I and the national liberation movement of 1916 year World War I (1914 – 1918) which began between militarypolitical blocks which active participant was Russia had serious consequences for social and economic life of Kazakhstan. 110
Russia entered war on August 1, 1914. And war at once laid down heavy burden on shoulders of residents of Kazakhstan. Sharply the role of Kazakhstan in the providing the front and the industrial enterprises working for the state defense, different types of industrial and agricultural raw materials raised. Besides war demanded mobilization of the man's population on the front. According to 1916 the imperial administration for needs of the front mobilized 150 thousand Kazakhs. Under the guise of the help to families mobilized, Kazakhs forcibly had to work in farms of the Russian immigrants called on the front. Besides, for needs of the front a large number of cattle, food, transport, fodder, money was required that led to mass requisition of cattle and fodder. Several times taxes increased. The compulsory subscription to the state loan and a specific war tax were entered. It should be noted what worsened situation and peasants immigrants. The economic crisis caused the population protest. In March, 1915 in Vernensk, Lepsinsk, Przhevalsk Counties the rural population protested against increase in prices, taxes and duties. In the fall of 1916 of the city of Kazakhstan captured disorders which imperial officials called «revolt of soldiers». Plunders of shops took place. For establishing order military force was used. Hard was also a fate of workers in the cities and at the industrial enterprises. In the first days of war in Kazakhstan state of emergency was imposed, under a ban there were meetings, strikes, strikes, censorship, police control amplified. The workers of the enterprises who were in property of alien entrepreneurs fell into especially difficult situation. In the summer of 1916 labor movement captured Ridder, oil fields of Emba, coal mines of Ekibastuz, Spassk copper mines, the TransSiberian railroad, plants of Zhezkazgan, Uspensk, etc. Bloody fights on fronts caused a huge flow of prisoners of war. Kazakhstan became a location of prisoners of war who were widely used at public and private works. Participation of Russia in war promoted strengthening of national and colonial oppression in Kazakhstanen and caused a sharpening of all set of national and social contradictions. The russification policy pursued by the imperial government, the grass-roots resettlement movement to Kazakhstan and the withdrawal of lands connected with it, and also an arbitrariness of local authorities was led to the national 111
liberation movement of 1916 which captured Kazakhstan and all Central Asia. However as an exception the instruction about release from mobilization of separate categories of public officials was accepted on July 4, 1916. In particular were released: a) the approved mullahs b) teachers c) pupils in average and higher educational institutions and ended such educational institutions d) paramedics e) vaccination f) translators at establishments and public officials g) clerks at volost managers h) managers military horsely ми sites i) official elected persons, namely: volost managers, aulny foremen, national judges and candidates of all called persons Originally revolt had spontaneous character, but gradually it began to gain organized character. Revolt was headed by radical leaders. Heads of revolt of 1916 were: in the Turgay region – A. Dzhangildin, A. Imanov; in Ural – S. Mendeshev, A. Aytiyev; to Mangystau – Zh. Mynbayev; in Atbasar – A. Maykutov; in Akmola – S. Seyfullin; in Semirechye – T. Bokin, B. Ashikeev; in the Syrdarya region – T. Ryskulov. Other line was occupied by the Kazakh liberal and democratic intellectuals headed by A. Bukeykhanov. For repression avoidance they urged not to show resistance to the imperial authorities. By October, 1916, revolt was almost suppressed, except for the Turgay region. Here revolt continued till 1917 and merged with the events of February revolution which widely captured and the Kazakh steppe. 4. The state and the right of Kazakhstan during February bourgeois-democratic revolution On March 4, 1917 on pages of newspapers two manifestos appeared: one about Nicolai II’s renunciation, another – about refusal of a throne of the grand duke Mikhail. These manifestos demonstrated that the February democratic revolution came to the end. 112
The victory of February bourgeois-democratic revolution of 1917 in Kazakhstan was resulted by a diarchy. In March, 1917 local bodies of Provisional government – district and regional, and then and volost, aulny, rural, executive committees were everywhere created. Representatives of the Kazakh national intellectuals were appointed commissioners of Provisional government. So, A. N. Bukeykhanov was appointed the commissioner on the Turgay region; M. Tynyshpayev – across Semirechye; M. Chokayev – in Turkistan. In support of provisional government muslim, tatar committees and kurultais were created. In the spring and summer of 1917 in Kazakhstan there were working, revolutionary-democratic youth organizations, political parties. In particular, during this period were formed the union of muslim workers in Verni, the Working union in Zharkent, the union of muslim workers in the Turkistan region. In total during this period about twenty organizations of the circles uniting the intellectuals studying youth, teachers were created. Among them were: «Zhas Kazak» in Akmolinsk, led by S. Seyfullin; «The revolutionary union of the Kazakh yout» in Merke in Auliata county led by T. Ryskulov; «Zhas zhurek» at Spassk plant; «Council of the democratic studying youth» in Omsk; «Talap» in Petropavlovsk; «Zhanar» in Semipalatinsk. From the very first days of the existence the Provisional government began to pursue the policy which is actually continuing the line of the imperial government. It did not try, and in certain cases and could not solve sore problems of indigenous people in originally democratic key. After a victory of February bourgeois-democratic revolution in political and legal life there were two opposite concepts of the national and state construction. It is the concept of the Kazakh national autonomy and Kazakh Soviet socialist autonomy. World War I led to an aggravation of the international situation. Contradictions between the states amplify. Defeats of Russia lead to an aggravation of contradictions both between the mother country and suburbs, and in the mother country. Several groups of the people who directed to the power on suburbs are formed. All of them can be conditionally divided into five categories: 1. Supporters of association with Turkistan on the basis of the available community of historical and cultural roots (Mustafa Shokayev). 2. Supporters of creation of an autonomy as a part of Siberia. 113
3. Supporters of creation of a separate Kazakh autonomy (A. Baytursynov). 4. Supporters of the autonomy uniting the Kazakhs living in provinces internal Russia. 5. Supporters of the autonomy uniting Kazakhs of both internal Russia and Turkistan. The state meeting which was taking place in Moscow on August 12-15, 1917 the Russian muslims developed a uniform position. They supported support of the government, upholding of the federal principle of merging of the state in the all Russian Constituent assembly, realization of a national and cultural autonomy according to solutions of the second all russian Muslim congress in Kazakhstan which was taking place on July 21 – on August 2, 1917. It should be noted that many muslims either did not understand, or did not attach significance to distinctions between national and territorial and national and cultural autonomies. Having recognized a national and cultural autonomy, they actually subscribed under «Unitarianism». In these conditions difficult, full of contradictions the most advanced part of the Kazakh intellectuals headed by A.N. Bukeykhanov, A. Bayturusunov, M. Dulatov, having quickly used a situation, directs all the activity to a party creation. In July, 1917 in Orenburg the First all kazakh congress at which the decision on creation of the Kazakh national party «Alash» was made took place. The Kazakh newspaper appearing in Orenburg till 1918 became a publication of party then it was replaced by the newspaper «Sary – Arka». The newspaper became a loud-hailer of the alashsky government. On pages of the newspaper the review of the taking place events became, resolutions of the national government «Alash-Orda» were printed. A.N. Bukeykhanov was the party leader. Representatives of the scientific and creative intellectuals were a part of party: A. Baytursynov, M. Tynyshpayev, M. Zhumabayev, Sh. Kudayberdiyev, S. Toraygyrov, H. Gabbasov. and H. Dosmukhamedov, etc.
THE LIST OF RECOMMENDED LITERATURE Normative legal acts 1. Constitution of the Republic of Kazakhstan, 1995. 2. The declaration «About the State Sovereignty of KAZSSR» of October 25, 1990. 3. The constitutional law of the Republic of Kazakhstan «About the state independence of KAZSSR» of December 16, 1991. Mail literature 1. Abaydeldinov E.M. «The political and legal history of the Republic of Kazakhstan». – Almaty, 1999. 2. History of State and Law of the Kazakh SSR. In 2 volumes. – Alma-Ata, 1982 (under red. of Sartaev S.S.). 3. History of Kazakh SSR. In 5 volumes. – Alma-Ata, 1977. 4. Materials on the history of the state and the rights of Kazakhstan. (Sartayev S.S., Sozakbaev SU). – Almaty, 1993. 5. Erkin Abil «History of State and Law of the Republic of Kazakhstan». – Astana, 2000. Additional literature 1. Zimanov S.Z. The political system of the Kazakhs in the end of the XVIIIthe first half of XIX century. – Almaty, 1960. 2. Zimanov S.Z. The social system of the Kazakhs in the first half of XIX century. – Alma-Ata, 1958. 3. Fuks S.Y. The customary law of the Kazakhs in the second half of the XVIII- first half of XIX century. – Almaty, 1981. 4. Problems of the Kazakh customary law / under redaction of Zimanov S.Z. – Alma-Ata, 1989. 5. Materials on the customary law of the Kazakhs. – Alma-Ata, 1948. – Vol.1. 6. Materials under customary law of the Kazakh / under redaction of Zimanov S.Z. – 1996. 7. Sapargaliyev M. History of the People’s Courts in Kazakhstan. – Almaty, 1966. 8. Tolybekov S.E. The nomadic Kazakh society of the XVIII-XIX century. – Almaty, 1971. 9. Zhakipova A. Development of family relations in Kazakhstan. – Alma-Ata, 1971. 10. Kulteleev T.M. Criminal customary law of the Kazakhs. – Alma-Ata, 1955. 11. «Alash Orda» (Collection of documents). – Alma-Ata, 1992. 12. Nurpeisov E.K., Kotov A.K. State of Kazakhstan, from the Khan’s power to a presidential republic. – Almaty, 1995. 13. Sapargaliyev G.S. Foundations of the State and the rights of Kazakhstan. – Almaty, 1994.
14. Sapargaliyev G.S. Formation of the constitutional order of the Republic of Kazakhstan. – Almaty, 1997. 15. Zhirenchin K.A. The political development of Kazakhstan in XIX-first half of the XX century. – Almaty, 1996. 16. Uzbekuly S. Tauke khan and legal monument of Kazakh people. – Almaty, 1998. 17. Alimzhan K. Bey’s court, as an institution of customary law // Misl’ – 1997 – number 6. 18. Appolova N.G. Economic and political relations between Kazakhstan and Russia in the XVIII and early XIX centuries. – Moscow, 1960. 19. Karandasheva A.A. Reception of certain provisions of the customary law of the Kazakhs in the modern civil law // Vestnik KASU. – №3. – 2007. 20. Useinova K.R. Barymta Institute and its place in the customary legal system Kazakh: dissertation of the candidate of jur. sciences. – Almaty, 2007. 21. Useinova G.R. Public-legal sights of Bukeikhanov A.N.: dissertation of the candidate of jur. sciences. – Almaty, 2009.
TEST TASKS TO ALL SUBJECTS 1. The subject of the history of the state and Kazakhstan law is 1. The emergence and development of the state and law in the territory of Kazakhstan 2. The most common patterns of occurrence, development and functioning of the state and law 3. The emergence and development of the theoretical knowledge of the state and law 4. The place and role of the state and law in the life of society at different periods of history 5. The development of the state and legal systems 2. Distinguish those which are used in studying of history of state and law of RK from following methods: 1. dialectic 2. historical 3. comparative and legal 4. analysis 5. dialectic, historical, comparative and legal, analysis 3. The first early state associations in the territory of Kazakhstan. Allocate the dwelling period the sak-massaget tribes: 1. since the 7th century B.C. on the 1st century B.C. 2. since the 7th century B.C. on the 4th century B.C. 3. since the 3rd century B.C. on the 3rd century B.C. 4. since the 10th century B.C. on the 5th century B.C. 5. since the 1st century B.C. on the 4th century A.D. 4. The social order the sak-massaget tribes consisted: 1. from kara budun-tats-kul 2. sharua-tyulenguts-kul 3. zhataki-tyulenguts-kul 4. soldiers-priests-community members 5. punches-kazaks-kul 5. Distinguish incorrect from following provisions: First states include: 1. Massagets 2. Issedons 3. Paradaraya-saks 4. Kazakh khanate 5. Haomavarga saks 6. Feature of sak’s political system was: 1. presence of satraps 117
2. the tsar was at the head 3. democracy 4. sacralization 5. only women could hold a position of the tsar 7. Where the satrapii institute was widely adopted? 1. in the West Turkic khaganate 2. in the Karakhanid state 3. at Hunn 4. at Uisun 5. at the sak-massaget tribes 8. Satraps are: 1. persons which are carrying out judicial functions 2. the tsar's deputies appointed in administrative units 3. soldiers 4. cattle-farmers community members 5. tax collectors 9. Mobile horse groups at saks received the name: 1. oglans 2. buruks 3. gimmirs 4. tarkhans 5. beks 10. Distinctive feature of the empire of hunn was: 1. existence of the centralized power 2. existence of the relations of the power and submission between the center and the periphery of the state 3. existence of special state ideology 4. association of parts of the empire is carried out by various forms of coercion 5. a title shanyu could get any member of society 11. Call the first empire formed by nomads: 1. Uisun 2. Kanguy 3. Kimaks 4. Hunnes 5. Kipchaks 12. Call a title of the Supreme governor of hunn: 1. Gunmo 2. Khagan 3. Shaniu 118
4. Hakan 5. Khan 13. The military and democratic unions usuny, кангюев and hunn took place during the period: 1. since the 3rd century B.C. on the 3rd century A.D. 2. since the 7th century B.C. on the 4th century B.C. 3. since the 1st century B.C. on the 7th century A.D. 4. since the 10th century B.C. on the 3rd century A.D. 5. from the 1st century A.D. to the 5th century A.D. 14. Who carried out reform of administrative management at hunn? 1. Mode 2. Chzi-Chzi 3. Zhan-Tsan 4. Tumin 5. Kaip 15. On how many parts the hun’s union on reform of administrative management was divided? 1. on 10 2. on 5 3. on 40 4. on 18 5. on 24 16. The ladder system of a succession to the throne gained distribution: 1. at northern hunn 2. at the southern hunn 3. at uisun 4. at sak 5. at kangui 17. «the ladder system of a succession to the throne» means: 1. transition of a throne according to the will 2. transition of a throne from the father to the son 3. transition of a throne from the elder brother to younger 4. transition of a throne from the uncle to the nephew 5. when the throne was occupied serially by brothers, and then their children 18. Where the decimal system of creation of army gained big distribution? 1. uisun 2. kangyu 3. Karakhanid state 119
4. hun 5. West Turkic khaganate 19. Shanyu-title Supreme governor of: 1. hun 2. sak 3. uisun 4. kangui 5. Turkic people 20. The title of the Supreme governor of uisun was called: 1. shaniu 2. sengir 3. gunmo 4. khagan 5. hakan 21. How the title of the chief executive of uisun was called? 1. shaniu 2. ulug 3. buruk 4. duglu 5. schad 22. The title of the Supreme governor of kanguy was called: 1. sengir 2. shaniu 3. hakan 4. duglu 5. gunmo 23. Call the reason of disintegration of the Turkic khanate: 1. Attack of China 2. Jute 3. Aggravation of social contradictions 4. Autonomism of areas 5. Attack of China, Jute, Aggravation of social contradictions, Autonomism of areas 24. In what year the West Turkic khaganate was formed: 1. in 552 2. in 603 3. in 704 4. in 630 5. in 803
25. How the title of the Supreme governor of the West Turkic khanate was called? 1. hakan 2. shaniu 3. kunbek 4. khagan 5. khan 26. Ulug is a highest public official: 1. at sak 2. at the western Turkic people 3. at Karakhanid 4. at hun 5. at uisun 27. The highest public officials in the West Turkic khanate carried a title: 1. hakan 2. bey 3. schad 4. kunbek 5. khan 28. Judicial functions in the West Turkic khaganate carried out: 1. schad 2. ulug 3. elteber 4. buruk 5. oglan 29. Who were engaged in taxation in the West Turkic khaganate: 1. schad 2. ulug 3. bek 4. tarkhan 5. oglan 30. The military team of a khagan was called: 1. buruk 2. bek 3. oglan 4. tarkhan 5. bey 31. Tudun in the West Turkic khaganate carried out function: 1. judges 2. tax collectors 121
3. deputies of a kagan 4. military team 5. palace service 32. What of the following states carried the name «Power of Ten Arrows»? 1. State of Karakhanid 2. Empire of hun 3. West Turkic khaganate 4. Karluk’s confederation 5. Kazakh khanate 33. What of following crimes treated the category heavy at the discretion of the western Turkic peoples? 1. crimes against a khagan 2. murder 3. theft of the confused horse 4. adultery 5. crimes against a kagan, murder, theft of the confused horse, adultery 34. The basis of a social order of the West Turkic khaganate was made: 1. kara-budun 2. sharua 3. zhatak 4. tyulengut 5. ranat 35. Cattle-farmers community members in the West Turkic khaganate carried the name: 1. sharua 2. zhatak 3. tats 4. kul 5. kara-budun 36. Tats are: 1. slaves 2. peasants cattle-farmers 3. peasants are farmers 4. semi-dependent population 5. military protection of a khagan 37. Coolah is: 1. slaves 2. cattle-farmers 3. farmers 122
4. handicraftsmen 5. dealers 38. In the West Turkic khaganate treated exclusive part of the population: 1. tegin 2. kara-budun 3. tats 4. coolah 5. zhatak 39. In the West Turkic khaganate treated unprivileged part of the population: 1. sharua-zhataki-coolah 2. soldiers-priests-community members 3. ranats-tyulenguts-coolah 4. kara-budun-tats-coolah 5. punches-kazaks-saudagers 40. For what commission of a crime in the West Turkic khanate sentence in the form of a penalty was imposed? 1. adulteries 2. theft 3. murder 4. high treason 5. insult of a khagan 41. Elteber is: 1. this highest public official 2. judge 3. tax collector 4. soldier 5. vizier 42. When the state of Karakhanid was formed? 1. in the 8th century. 2. in the 6th century. 3. in the 10th century. 4. in the 9th century. 5. in the 11th century. 43. In what year the state religion of Karakhanid became Islam? 1. in 969 2. in 920 3. in 840 4. in 999 5. in 980 123
44. Among following answers find incorrect: «Governors of destinies in the state of Karakhanid» were: 1. Arslan-ilek-han 2. Bogra-ilek khan 3. Bogra-Karahan 4. Arslan-tegin 5. Bogra-tegin 45. Tapukchi are: 1. peasants are cattle-farmers 2. farmers 3. soldiers 4. cattle owners 5. officials 46. An innovation in the state of Karakhanid was: 1. introduction of decimal system 2. administrative division on destinies 3. introduction of system of offices 4. introduction of titles of hakim and mekhtar 5. introduction of a title of Hakan 47. Who carried out local government in steppe areas of the state of Karakhanid? 1. ulug 2. schad 3. ilchi-bachi 4. elteber 5. buruk 48. Sofas are: 1. Council of War 2. branch offices 3. courts 4. city heads 5. rural heads 49. Raisa is: 1. judges 2. city and rural heads 3. heads 4. the high-ranking officials 5. military leader 50. Mekhtars are: 1. judges 124
2. military leader 3. viewfinder 4. city and rural heads 5. chief of tax department 51. In what century there was a disintegration of the state Karakhanidov? 1. X century. 2. XI century. 3. XII century. 4. XIII century. 5. XV century. 52. Call the main reason for disintegration of the state of Karakhanid? 1. Jute 2. Aggravation of social contradictions 3. domination of specific system 4. a contradiction between the developed bureaucratic apparatus and extreme extent of decentralization 5. internal war 53. Who in the state of Karakhanid was engaged in taxation? 1. ulug 2. kazii 3. mustaufi 4. buruki 5. yabgu 54. In what state the institute of an ikta was developed? 1. West Turkic khaganate 2. State of Karakhanid 3. State of kara-kitay 4. Military and democratic union of hunn 5. State of Kidaney 55. The right for taxation from settled population is called: 1. komendation 2. kharadj 3. ikta 4. soiurgat 5. waqf 56. Kharadj is: 1. land grant 2. working off 3. duty 125
4. tax 5. right for taxation 57. In what of the following states along with custom a source of law was the Koran? 1. West Turkic khaganate 2. Military and democratic union of hunn 3. Military and democratic union of uisun 4. State of Karakhanid 5. Military and democratic union of kanguy 58. In what year Temuchzhin received Genghis Khan’s title? 1. 1201 2. 1205 3. 1206 4. 1210 5. 1200 59. Call powers of the Mongolian kagan? 1. right of the order of territories and population of the state 2. adoption of laws 3. Supreme Commander 4. high priest of Mongols 5. right of the order of territories and population of the state, adoption of laws, Supreme Commander, high priest of Mongols 60. Laws at Mongols carried the name: 1. adat 2. Toru 3. jasak 4. erezhe 5. yarlik 61. Genghis Khan’s decrees carried the name: 1. yarlik 2. yasak 3. toru 4. adat 5. erezhe 62. Duragachi are: 1. clerks 2. judges 3. deputies of the khan 4. military protection 5. treasurers 126
63. Call functions of duragachi: 1. population census 2. taxation 3. creation of army 4. organization of post 5. population census, taxation, creation of army, organization of post 64. The supreme body of the executive authority in Genghis Khan’s state was: 1. marching management 2. darugachi 3. State Council 4. dzharguch 5. ulug-bitikchi 65. How many the main uluses of the empire of Mongols had? 1. four 2. rub 3. five 4. six 5. two 66. The main taxable unit at the Mongolian empire was: 1. tribe 2. community 3. house 4. ulus 5. tumen 67. What type of tax was widespread in the Mongolian empire? 1. kopchur 2. kharadj 3. tasar 4. avaiz 5. kopchur, kharadj, tasar, avaiz 68. The tax of 1% of a cattle livestock a year carried the name: 1. kharadj 2. budj 3. kopchur 4. tagar 5. zyaket 69. Among following find the incorrect answer: «In the territory of Kazakhstan there was the following system of taxes»: 1. kopchur 127
2. zyaket 3. ikta 4. ushur 5. kharadj 70. The emergency tax carried the name: 1. zyaket 2. avaiz 3. ushsur 4. budj 5. kharadj 71. Tagar is: 1. 1/10 part of a harvest 2. war tax 3. emergency tax 4. land tax 5. right for taxation 72. The compiled laws of Genghis Khan received the name: 1. Torah 2. Adat 3. Yarlyk 4. Yasa 5. Erezhe 73. Who became Yasa’s keeper after Genghis Khan’s death? 1. Dzhuchi 2. Chagatai 3. Ugedey 4. Kulkan 5. Baty 74. Yasa of Genghis Khan consists of: 1. 2 parts 2. 3 parts 3. 4 parts 4. 6 parts 5. 10 parts 75. What was the name of the first volume of Yasa of Genghis Khan? 1. Yarlyk 2. Dzhasak 3. Bilik 4. Adat 5. Erezhe 128
76. What was the name of the second volume of Yasa of Genghis Khan? 1. Yarlyk 2. Dzhasak 3. Bilik 4. Adat 5. Erezhe 77. Bilik – is: 1. collection of criminal law 2. Meeting of the rules governing the organization of military bases 3. The meeting of religious prohibitions 4. The collection of statements of Genghis Khan 5. The collection of civil law 78. What are the rules of law contained Dzhasak? 1. criminal law 2. religious prohibitions 3. The rules governing the organization of military bases 4. The rules governing the distribution of the spoils of war 5. The provisions of criminal law, religious prohibitions, rules governing the basics of the military organization, the rules governing the distribution of the spoils of war 79. Among the following get the wrong answer, «Dzhasak contained rules»: 1. state law 2. religious prohibitions 3. criminal law 4. the regulatory bases of the military organization 5. governing the distribution of the spoils of war 80. How in the official documents called Jochi Ulus? 1. Ak Horde 2. Kok Horde 3. Ulug Ulus 4. Mogulistan 5. The State of nomadic Uzbeks 81. Inaki are: 1. The educator heir to the throne 2. judges 3. After 4. warlords 5. Khan advisers
82. Atabey is: 1. The educator heir to the throne 2. judges 3. After 4. warlords 5. Khan advisers 83. In what state existed post otherness? 1. Western Turkic khanate 2. State of Karakhanids 3. Kazakh Khanate 4. State of nomadic Uzbeks 5. State Qitan 84. The founders of the Kazakh Khanate were: 1. Janibek and Kerey 2. Abulhair 3. Orys 4. Kasim 5. Kaip 85. For political reasons, the formation of the Kazakh Khanate include: 1. The struggle between Chingizids and edegeids 2. The contradiction between the political system and the economic base 3. The struggle for power limitation khan 4. The struggle for the introduction of maslikhats 5. The struggle between Chingizids and edegeidami, the contradiction between the political system and the economic base, the struggle for the restriction of the Khan's power, the struggle for the introduction of maslikhats 86. When formed Kazakh Khanate? 1. in ХIV century 2. first half of XVI century 3. second half of XV century 4. in XIII century 5. in XVII century 87. Who was the first khan of the Kazakh Khanate? 1. Janibek 2. Kerey 3. Muryndyk 4. Kasim 5. Tauke
88. Which of the following Khans first attempted to codify the Kazakh customs? 1. Muryndyk 2. Hak-Nazar 3. Kasim 4. Kerey 5. Yesim 89. Which authority in the Kazakh society in the fifteenth and eighteenth centuries. He had the highest legislative authority? 1. Council beys 2. Khan 3. kurultay 4. Duane 5. Court of beys 90. What function of Kurultai: 1. The conclusion of peace 2. The declaration of war 3. Redistribution of pasture 4. The definition of nomadic routes 5. The declaration of war, the redistribution of pastures, definition of nomadic routes, the conclusion of peace 91. What body elected the Khan? 1. kurultai 2. bey’s Council 3. The Court of beys 4. Duane 5. sultans 92. Who in the Kazakh society could be elected Khan? 1. Beys 2. batyrs 3. bai 4. sultans and Beys 5. Only the sultans 93. Kurultai elected khans and shifted the basis of the principle: 1. democracy 2. humanism 3. litokraty 4. confirmation 5. justice 131
94. What are the prerequisite to participate in the Kurultai: 1. The property qualification 2. The age limit 3. The presence of weapons 4. aristocratic origins 5. marital status 95. Who in the Kazakh Khanate in the 15-18 centuries stood at the head of the executive branch? 1. Beys 2. Sultan 3. Bey’s Council 4. Khan 5. Duane 96. Name the Khan’s function: 1. The organization of the armed protection of the state 2. The definition of the foreign policy of the state 3. The highest judicial authority 4. The protection order and social structure 5. Organization of armed security state determining foreign policy of the State, the highest judicial authority, the protection of order and social structure 97. At the head of ulus in the Kazakh Khanate in the fifteenth and eighteenth centuries were: 1. khans 2. sultans 3. Beys 4. batyrs 5. bai 98. Genghisides in the Kazakh Khanate included: 1. beys and bais 2. bais and batyrs 3. khans and sultans 4. beys and batyrs 5. bowl and tyulenguty 99. Which authority in the Kazakh Khanate maintained an office? 1. Court of beys 2. bey’s council 3. kurultai 4. maslihat 5. Duane 100. Soyurgal is: 1. Institutions Land Awards 132
2. The institutions of labor mutual 3. Institute of family and marriage law 4. Institute a liability law 5. Institute of Criminal Law 101. What was the feature of the political power of the Nogai Horde? 1. The highest authority is the Grand Council 2. Horde ruled Bies 3. Formality selection beating 4. Horde ruled not Chingizids and formally elected representatives Edige home 5. The presence of the Small Council 102. What is the name carried the Nogai Horde? 1. Siberian State 2. Mogulistan 3. Mangyt’s yurt 4. The State of nomadic Uzbeks 5. Ulug Ulus 103. The supreme organ of power in the Nogai Horde was: 1. Beys 2. Small Board 3. The Great Council 4. Karaduvan 5. Murza 104. Who ruled the Nogai Horde? 1. Beys 2. Khan 3. kekovat 4. Murza 5. taibura 105. Among the responses note the following incorrect: «The following officers existed in the Nogai Horde»: 1. kekovat 2. tombura 3. Nuraddin 4. Elteber 5. Karachi 106. Servitors aristocracy not edigeid’s origin in the Nogai Horde was named: 1. ulans 2. Karachi 3. imeldegem 133
4. tambour 5. kekovat 107. Who was head of the ulus in the Nogai Horde? 1. Beys 2. Murza 3. taibura 4. Nuraddin 5. ulans 108. The basis of the social order of the Nogai Horde were: 1. Kara-Budun-Tats-kuls 2. sharua-zhataks-kuls 3. cops and cuffs-kuls 4. raiats-tyulenguts-kuls 5. sharua-saudagers-cuffs 109. The Kazaks are: 1. peasant farmers 2. peasants, pastoralists 3. The separate groups of nomads hunted spoils of war 4. slaves 5. rich pecuari 110. Cuffs – is: 1. settled pastoralists 2. artisans 3. traders 4. warriors 5. slaves 111. Saudager – is: 1. slaves 2. peasants, pastoralists 3. peasant farmers 4. merchants 5. military protection khans and sultans 112. Kul – is: 1. slaves 2. farmers 3. pastoralists 4. artisans 5. merchants
113. The basis of the social order of the Kazakh Khanate were: 1. Kara-Budun-Tats-kuls 2. sharua-tyulenguts-kuls 3. cops and cuffs-kuls 4. cuffs-saudagers-kuls 5. cuffs-Tats-kuls 114. By the privileged part of the population in the Kazakh society, included: 1. khans, sultans, Beys bai 2. sharua-tyulenuts-kuls 3. Kogan-ulug-shad 4. Kara-Budun-Tats-kuls 5. Hakan-beks 115. «Ak suiek» (Genghisides) in Kazakh society were: 1. Beys 2. bai 3. sultans 4. batyrs 5. sharua 116. Among the following mark the wrong answer: By «kara suiek» in Kazakh society were: 1. khojas 2. Beys 3. batyrs 4. bai 5. sharua 117. Land, granted to the clergy were called: 1. soyurgan 2. waqf 3. iqta 4. recommendation, 5. kharaj 118. Bowl is: 1. farmers-ranchers 2. peasant farmers 3. traders 4. artisans 5. military protection khans and sultans 119. Rayat is: 1. pastoralists 135
2. farmers 3. citizens 4. slaves 5. warriors 120. Zhatak is: 1. pastoralists 2. farmers 3. citizens 4. warriors 5. slaves 121. Military protection khans and sultans in the Kazakh Khanate were called: 1. sharua 2. zhataks 3. tyulenguts 4. ranats 5. kuls 122. The judicial function in the Kazakh Khanate was performed: 1. bai 2. Beys 3. batyrs 4. sharua 5. zhataks 123. Persons famous in the military campaigns of their heroism in the Kazakh Khanate bore the title: 1. bai 2. Beys 3. batyrs 4. sultans 5. tyulenguty 124. Beys are: 1. rich pecuarii 2. governor 3. warriors 4. The members of the clergy 5. The representatives of the «ak suiek» 125. Rich pecuarii in Kazakh society are: 1. batyrs 2. Beys 3. sharua 136
4. bai 5. cuffs 126. Which of the following countries was the military-aristocratic? 1. Western Turkic khanate 2. State of Karakhanid 3. Kazakh Khanate 4. Nogai Horde 5. State Qitan 127. What was the main objective of the political and legal activities of Tauke Khan? 1. The creation of a new legal system 2. The introduction of the decimal system in the army 3. The introduction of the institute of military intelligence 4. Enhancing the role of the Council biys 5. The creation of a single centralized state 128. What are the main subject of political and Potestarian relations in the Kazakh State in 17-18 centuries: 1. race 2. The community 3. Association 4. tribe 5. aimak 129. Tyulenguts are: 1. dependent population 2. cattlemen commoners 3. peasant farmers 4. military security Sultans 5. rich pecuarii 130. What is the main feature of the Kazakh customary law: 1. particularism 2. conservatism 3. humanism 4. patriarchal 5. The minor impact of the written law 131. The sources of the Kazakh customary law in the XV-XIII centuries. They are: 1. adat and Shariat 2. Adat, erezhe, bey biligi 3. Shariat, adat, erezhe 137
4. Shariat, erezhe, bey biligi 5. Adat, Shariat, bey biligi 132. The situation in the Kazakh bey congress customary law has been called: 1. adat 2. law 3. erezhe 4. Shariat 5. bey biligi 133. Insert the missing word: «... a solution bey court» 1. erezhe 2. law 3. Shariat 4. bey biligi 5. adat 134. Bey biligi – is: 1. The position of the bey congress 2. judicial precedent 3. The rules of Islamic law 4. custom 5. Orders of Khan 135. How in practice called erezhe: 1. custom 2. judicial precedent 3. decrees 4. small codes 5. The decisions of courts of Bey 136. How many sources was in the Kazakh customary law? 1. Two 2. Three 3. Four 4. Five 5. Six 137. What is the codification of Kazakh society has been named «National Charter of the Kazakh people»? 1. Kasymhannyn kasks Joly 2. Esym hannyn eski Joly 3. Zheti – Zhargy 4. Shariat 5. Yasa of Genghis Khan 138
138. Peer Court consisting of five or six bey, called: 1. zhuginis 2. kenes 3. kurultai 4. maslihat 5. Bey’s Council 139. When «Zheti-Zhargi» was adopted? 1. In the first half of the 17th century. 2. In the second half of the 16th century. 3. In the second half of the 17th century. 4. In the eighteenth century 5. In the first half of the 19th century. 140. Insert the missing word: «... – position of bey’s congress» 1. adat 2. Shariat 3. bey biligi 4. erezhe 5. Zhety-Zhargy 141. Kun is: 1. fine 2. tax 3. Institute for land grants 4. ransom 5. Institute a generic mutual 142. Aip is: 1. fine 2. tax 3. Land Institute Award 4. ransom 5. Institute a generic mutual 143. What is the size of Kuna for killing sharua? 1. one thousand sheep 2. two thousand sheep 3. hundred sheep 4 three thousand sheep 5. seven thousand sheep 144. What is the size of kuna for the murder of a woman? 1. one thousand sheep 2. hundred sheep 3. hundred sheep 139
4. Three hundred sheep 5. Two thousand sheep 145. What is the size of kuna for the murder of a wealthy and noble Kazakh? 1. five hundred sheep 2. thousand sheep 3. three thousand sheep 4. seven thousand sheep 5. The eight thousand sheep 146. What is the size of kuna for the murder of a slave? 1. One-hundred sheep 2. fifty sheep 3. ten camels 4. hunting dog or a falcon 5. Horse and cow 147. Insert the missing word: «...- a set of regulations aimed against theft» 1. adat 2. Sharia 3. aibana 4. erezhe 5. biydin biligi 148. Which of the following sentence in the Kazakh customary law was considered the most serious? 1. kun 2. aip 3. dishonouring of a kind 4. The expulsion of a kind 5. The issue of the perpetrator to the injured party 149. Which of the following actions on the Kazakh customary rights are untouchable? 1. the murder of the wife of her husband 2. The murder of servant his master 3. murder of a pregnant woman husband 4. killing of husband wife 5. insult children of their parents 150. What kind of punishment provided for the violation of the principle of hospitality? 1. toguz 2. kun 3. corporal punishment 140
4. atton 5. expulsion from the clan 151. How many species have toguz? 1. two 2. three 3. five 4. four 5. six 152. Toguz – is: 1. The nine-time penalty 2. The nine-kun 3. The penalty in the form of a horse and a robe 4. Eight fold penalty 5. The seven-time penalty 153. Insert the missing word: «... – a nine-fine» 1. kun 2. aip 3. atton 4. aibana 5. toguz 154. Among the following mark the wrong answer: «The system of punishments in the Kazakh customary law included»: 1. kun 2. aip 3. shameful punishment 4. imprisonment 5. expulsion from the clan 155. Which of the following actions on the Kazakh customary law applied to offenses against religion? 1. denial of hospitality 2. theft 3. blasphemy 4. perjury 5. rape 156. Which of the following actions on the Kazakh customary law applied to offenses against the person? 1. the theft 2. rape 3 injured 4. kidnapping girls 5. adultery 141
157. Among the responses note the following incorrect: «The subject of the crime» could be: 1. Only a natural person 2. The person who has reached a certain age 3. The responsible person 4. Slaves 5. The person, freely dispose of their property 158. Which of the following actions is not an insult? 1. denial of hospitality 2. cutting a woman's braids 3. cutting off the tail of a horse 4. irreverent reviews of ancestors 5. insult to their children parents 159. Which of the following crimes referred to the grave? 1. denial of hospitality 2. theft 3. The murder of the wife of her husband 4. killing of children by parents 5. irreverent reviews of ancestors 160. For the commission of the crime was appointed Atton? 1. The theft 2. breach of the principle of hospitality 3. blasphemy 4. apostasy 5. rape 161. What beys participated in the development and adoption of «ZhetiZhargi»? 1. three 2. ten 3. six 4. five 5. seven 162. Which Khan initiated the adoption of «Zheti-Zhargy»? 1. Nazar Khan 2. Tauke 3. Abulhair 4. Kasim 5. Yesim
163. Among listed below mark the wrong answer: «Zheti-Zhargy» regulate social relations in the following areas: 1. disputes over widows 2. land disputes 3. The procedure for the election of the Khans 4. disputes over Kuna 5. disputes over aip 164. Which of Russian scientists first published the fragments of «ZhetiZhargyi»? 1. Levshin 2. Kozlov 3. Maksimov 4. Grodekov 5. Potanin 165. How many chapters contain a codification of Kasim Khan? 1. two 2. three 3. four 4. six 5. five 166. In the case of offending the father by the son, what punishment was subjected to a son? 1. aip 2. kun 3. infamous punishment 4. Corporal punishment 5. The return to slavery 167. What is the name property, dedicated father to his sons, who have reached the age of majority and who married? 1. ata-murasi 2. Kiit 3. Zhasau 4. enshi 5. kalim 168. Who was the main successor of the Kazakh customary law? 1. The elder son 2. The youngest son 3. eldest daughter 4. The widow 5. youngest daughter
169. Whether the property be inherited from the father of the Kazakh customary law daughter? 1. Do not inherited 2. inherit on an equal footing with sons 3. is the main heir 4. inherit only half of the unmarried daughter of the proportion of sons 5. Inherit only unmarried daughter of the father's property 1/8 170. What part of property inherited widow after her husband's death? 1. Do not inherited 2. inherit 1/2 of the 3. inherit 1/4 of 4. inherit 1/8 of 5. Inherit 1/10 171. Zhasa is: 1. the bride 2. gift to the bride groom 3. dowry bride 4. fine 5. Institute a liability law 172. What is the size Zhasa? 1. Zhasa size was strictly defined Kazakh customary law 2. Zhasa size stipulated by the parties 3. Zhasa Size anyone or anything is not specified 4. Zhasa size in practice depended on the amount of dowry paid 5. Zhasa size in practice depended on the property status of the father and the amount of dowry paid 173. What are the essential elements of Zhasa: 1. cattle and Kibitka 2. kibitka 3. saukele 4. The household goods 5. saukele and Kibitka 174. The principle of labor is exogenous principle relating to the field of 1. Criminal Law 2. Family and marriage law 3. liability law 4. Procedural Law 5. The law of succession 175. What was the basis of Institute of levirate marriage? 1. kidnapping 144
2. dowry 3. tamyrstvo 4. amengerstvo 5. collusion 176. The obligation to marry the widow after her husband's death for one of the brothers died in the Kazakh customary law known as: 1. amengerstvo 2. kidnapping 3. tamyrstvo 4. somewhere tuser 5. talaq 177. What was the basis without kalym institution of marriage? 1. amengerstvo 2. kidnapping 3. tamyrstvo 4. somewhere tuser 5. besik-where 178. What is the Institute formed the basis of marriage to a kidnapping? 1. amengerstvo 2. kidnapping 3. tamyrstvo 4. besik kuda 5. karsi kuda 179. The abduction of girls for the purpose of entering into marriage with her is called: 1. amengerstvo 2. tamyrstvo 3. kidnapping 4. taras 5. asar 180. The friendship between the two parties, based on mutual gifts, is called: 1. tamyrstvo 2. Zhylu 3. asar 4. amengerstvo 5. talaq 181. By the institutions of family and marriage law applies: 1. asar 2. Zhylu 145
3. tamyrstvo 4. amengerstvo 5. Amanat-mal 182. By the law of obligations Institutions include: 1. amengerstvo 2. kidnapping 3. zhurtshylyk 4. barymta 5. talaq 183. By the institutions of criminal law include: 1. asar 2. Zhylu 3. zhurtshylyk 4. barymta 5. tamyrstvo 184. Ransom paid the groom for the bride, was called: 1. Zhasa 2. kun 3. aip 4. barimta 5. Atton 185. The biggest dowry amounted to: 1. 47 heads of cattle 2. 37 head of cattle 3. 100 head of cattle 4. 77 horses 5. 50 horses 186. Dower bride – is: 1. barimta 2. Zhasa 3. kun 4. aip 5. talaq 187. Divorce by unilateral request of her husband – is: 1. talaq 2. amengerstvo 3. kidnapping 4. zhasa 5. somewhere tuser
188. Could the Kazakh customary law wife to divorce? 1. Could not 2. Could, if the convict her husband of infidelity 3. Could, in any case, 4. Could, with the apparent inability of the husband to exercise his conjugal duties 5. Could, in the case of the beating of her husband 189. How many wives a man could have, according to Shariat? 1. one 2. two 3. three 4. four 5. five 190. How many wives a man could have in the Kazakh customary law? 1. one 2. two 3. four 4. five 5. The number of wives was not limited to 191. Do you allow the Kazakh customary law polygamy? 1. Do not 2. allowed; at the discretion of men 3. It is possible, in the absence of the male children 4. It is allowed, in the absence of the man's sons 5. allowed, in the absence of the male children in general or male children 192. What is the size of the dowry paid by the rich families? 1. 47 heads of cattle 2. 60 head of cattle 3. 49 head of cattle 4. 37 heads of cattle 5. 70 heads of cattle 193. At what time in the Kazakh society in the 15-18 centuries. It consisted of a loan agreement? 1. no more than 1 year 2. 2 years 3. no more than 10 years 4 to 6 months 5. not more than 3 years 194. What was the name guarantor in the loan agreement? 1. kepil 147
2. beys 3. cuff 4. saudager 5. tat 195. The transfer of dairy cattle for temporary use for practicing called: 1. Amanat-mal 2. saunas 3. Names 4. Zhylan 5. zhurtshylyk 196. Transfer pecuarii-rich young cattle impoverished kinsman, called: 1. saunas 2. zhylu 3. asar 4. amanat-small 5. zhurtshylyk 197. Zhylu – is: 1. The grant assistance kinsman in haymaking 2. Transfer livestock for temporary use for practicing 3. kinsman grant aid in the case of jute 4. grant aid kinsman to pay debt 5. financial support impoverished kinsman 198. Asar is: 1. material support impoverished member of the genus 2. The grant aid kinsman in mowing, digging wells 3. barter 4. kinsman grant aid in the case of jute 5. kinsman grant aid in the case of payment of the debt 199. Zhurtshylyk – is: 1. material support impoverished member of the genus 2. The grant aid kinsman in haymaking etc. 3. barter 4. The contract Zaim 5. kinsman grant aid in the case of payment of the debt 200. Againshylyk is: 1. material support impoverished member of the genus; 2. The loan agreement; 3. barter; 4. kinsman grant aid in the case of jute; 5. kinsman grant aid in the payment of debt. 148
201. The principle of hospitality – is: 1. tamyrstvo 2. zhylu 3. konagasy 4. asar 5. talaq 202. What kind of punishment provided for the violation of the principle of hospitality? 1. Expulsion of a kind 2. kun 3. Atton 4. aip 5. corporal punishment 203. Who of the following persons could be a witness in court of beys? 1. women 2. noble and honorable members of the genus 3. The minor children 4. The person subjected to corporal punishment 5. close relatives of the plaintiff and defendant 204. Mark the wrong answer: «witnesses in the Kazakh customary law could not be» 1. women 2. insane 3. freemen 4. minors 5. The person, subjected to corporal punishment 205. The oath was recited: 1. claimant 2. defendant 3. notable and dear members of a sort 4. close relatives of the claimant 5. close relatives of the defendant 206. Custom «ala zhip» meant: 1. completion of lawsuit; 2. consent of the parties with the decision of bey; 3. institute of removal of judges; 4. beginning of consideration of the case; 5. bringing of the oath. 207. What part of remuneration received bey? 1. one fifth from the claim sum; 149
2. the one tenth sum from the claim; 3. one second from the claim sum; 4. one eighth from the claim sum; 5. one sixth from the claim sum. 208. Treated institutes of patrimonial mutual aid: 1. barymta 2. amengerstvo 3. zhilu 4. tamyrstvo 5. umykaniye 209. Barymta-is: 1. stealing of cattle for the purpose of restoration of the violated right; 2. institute of patrimonial mutual aid; 3. theft of cattle; 4. kidnapping of the girl; 5. institute of a liability law. 210. Call a condition of legitimacy of barymta: 1. nobody had to know about a barymta 2. the barymta had to be made in the afternoon or at night; 3. the quantity of the stolen cattle had to correspond to the claim price; 4. the quantity of the stolen cattle had to be less than the price of the claim; 5. the defendant was warned about a barymta. 211. Reconciliation of the parties is: 1. barymta 2. tamyrstvo 3. Salavat 4. zhilu 5. asar 212. Gifts made by the relatives of the groom of the bride, called: 1. oli-tiri 2. toi-mal 3. kade 4. dowry 5. sut-aki 213. The gift made by the groom mother of the bride, was called: 1. kade 2. sut aky 3. toi-mal 4. kiit 5. dowry 150
214. The contract on a mutual basis on diversion was called: 1. bitim 2. bereke 3. salavat 4. zhuginis 5. barymta 215. Squeeze the passed word: «...-it the contract in an oral form of purchase and sale» 1. bitim 2. barymta 3. saun 4. salavat 5. bereke 216. What kind of contract in the Kazakh customary law served as the basis for all kinds of transactions and contracts? 1. saun 2. amanat-mal 3. bereke 4. mena 5. loan 217. The institute of consideration of intergeneric lawsuits, disputes, collisions by board of beys was called: 1. bitim 2. Salavat 3. bereke 4. zhuginis 5. barymta 218. To what the son for an insult of the father was punished? 1. capital punishment 2. the dishonoring punishment 3. kuna 4. aip 5. corporal punishments 219. To what punishment it could be subjected a sharua for an insult by the word of the sultan? 1. kuna 2. capital punishment 3. corporal punishments 4. toguz 5. atton
220. To whom it is assigned providing a judgment of beys? 1. on the defendant 2. on bey 3. on the claimant 4. on witnesses 5. on notable and dear members of a sort 221. Which of the following applies to the institutions of the criminal customary law? 1. Salavat 2. bereke 3. Zhylu 4. barymta 5. asar 222. Which of the following applies to the institutions of family and marriage law? 1. Salavat 2. barymta 3. zhugynys 4. Kade 5. zhurtshylyk 223. Which of the following applies to the institutions of the law of obligations? 1. barymta 2. Salavat 3. asar 4. kidnapping 5. amengerstvo 224. To what punishment subject the daughter for the father’s insult? 1. the dishonoring punishment 2. corporal punishments 3. capital punishment 4. give on punishment of mother 5. aip 225. Who is the author of the monograph «Criminal customary law of the Kazakhs»? 1. Fucs S. 2. Uzbekuly S. 3. Zimanov S.Z. 4. Kulteleev T.I. 5. Djukov L.V.
226. Who is the author of the monograph «The customary law of the Kazakhs in the 18th and the first half of the 19th century»? 1. Fucs S. 2. Kulteleev T.I. 3. Uzbekuly S. 4. Zimanov S.Z. 5. Kenzhaliyev Z.Zh. 227. Which of the following authors for the first time provides scientific interpretations of barymta? 1. Kozlov 2. Grodekov 3. Valihanov 4. Abay 5. Baitursynov 228. The author of any of the following work is Ch. Ch. Valikhanov? 1. Description of the Kirghiz-Kazak or Kirghiz hordes and steppes» 2. A note on judicial reform 3. on the Judicial System of the Kazakhs 4. Materials for the history of the Kyrgyz-Kazakh people 5. Kyrgyzstan and Kara-Kyrgyz Syrdarya region 229. Among following punishments note the heaviest: 1. The death penalty 2. Infamous punishment 3. The expulsion of a kind 4. Corporal punishment 5. Kun 230. What of following works is not written by Ch. Ch. Valikhanov? 1. Essays of Dzungaria 2. A note on judicial reform 3. Ablay 4. Criminal customary law of the Kazakhs 5. Islam in the steppe 231. When oath of allegiance to the Russian empress by junior and middle zhuzes was signed? 1. 1723 2. 1726 3. 1729 4. 1731 5. 1735 232. Yasak – is: 1. tax 153
2. fine 3. ransom 4. kind of toguz 5. Institute a generic mutual 233. The Institute of the hostages was called: 1. Tribute 2. Amanat 3. Zhylu 4. Asar 5. Tamyrstvo 234. The right of approval of the khans in their dignity – is: 1. sacralisation 2. satrapy 3. confirmation 4. composition 5. legitimacy 235. In what year Ablai Khan was officially elected as Khan? 1. in 1762 2. in 1771 3. in 1773 4. in 1776 5. in 1780 236. What innovation was introduced by Ablaykhan in state and legal system? 1. The right to impose the death penalty 2. The reform of local government 3. The introduction of the system ulus 4. The strengthening of the central government 5. The right to impose the death penalty, reform of local government, the introduction of ulus system, strengthening the central government 237. In what year was carried out the reform of Igelstrom? 1. 1775 2. 1785 3. 1795 4. 1800 5. 1822 238. Who was the author of the reform in Junior Zhuz in 1785? 1. Neplyuev 2. Iosif Igelstrom 3. Speranski 154
4. Tevkelev 5. Gutkovskiy 239. Where reform of Igelstrom was carried out? 1. Middle Zhuz 2. Senior Zhuz 3. Bukeyev’s Horde 4. Junior Zhuz 5. on the territory of Kazakhstan 240. To how many parts divided Junior Zhuz according to the reform of Igelstrom? 1. 2 parts 2. 4 parts 3. 3 parts 4 6 parts 5. 5 parts 241. The main objective of the reform of Igelstrom – is: 1. The introduction of violence 2. The introduction of the Border court 3. Limitation of the Khan’s power 4. The elimination of the Khan’s power 5. Approval of the Khans at the Khan’s throne 242. What body was put on the reform of Igelstrom? 1. The Council of elders 2. «National» court 3. The founding congress 4. Interim Council 5. Massacre 243. To what body for Igelstrom's reform punishments submitted? 1. Provisional Council 2. The Council of elders 3. Border court 4. Management 5. District Order 244. In what year was founded Khan’s Council? 1. in 1791 2. in 1785 3. in 1797 4. in 1822 5. in 1824
245. In what year was established the Council of elders? 1. in 1791 2. in 1785 3. in 1797 4. in 1822 5. in 1824 246. In what year was adopted the Vow? 1. in 1791 2. in 1785 3. in 1797 4. in 1803 5. in 1805 247. What is the main reason for taking the vow in 1803 1. The lack of authoritative bodies are able to regulate inter-clan relations 2. The aggravation of conflicts between communities and auls 3. barymta 4. constant raids Ural Kazaks and Bashkirs 5. The lack of authoritative bodies are able to regulate inter-clan relations, intensification of the contradictions between the communities and auls, barymta, constant raids of the Ural Kazaks and Bashkirs 248. During the reign of Khan Vow was adopted in 1803? 1. Aichuvak 2. Jantoro 3. Karatay 4. Yeraly 5. Nuraly 249. In what year «rule for the Khan’s Council» have been taken? 1. in 1785 2. in 1791 3. in 1797 4. in 1809 5. in 1803 250. In what year Bukey Khanate was founded? 1. in 1800 2. in 1801 3. in 1803 4. in 1805 5. in 1810 251. In what year Bukei Sultan received Khan’s title? 1. in 1801 156
2. in 1812 3. in 1807 4. in 1815 5. in 1806 252. Why 1812 is remarkable for Bukeyev’s Horde? 1. Zhangir became Khan 2. administration was reformed 3. Bukei Sultan received the title Khan 4. the general supervision of the Bukeyev’s Horde established 5. The introduction of the Interim Council 253. How many instances exist in the management of Bukeyev’s Horde? 1. two 2. five 3. four 4. three 5. six 254. What body exercises general supervision over Bukeyev’s Khanate 1. Khan 2. Orenburg military governor 3. Orenburg Boundary Commission 4. The Russian Ministry of Foreign Affairs 5. The Emperor 255. Which authority is exercised closest oversight in Bukeyev’s Khanate? 1. Khan and his administration 2. Orenburg military governor 3. The Russian Ministry of Foreign Affairs 4. The Ministry of State Property 5. The Office 256. How many beys were a part of Council of beys in the Bukeev’s khanate? 1. six 2. five 3. twelve 4. three 5. nine 257. Name the title of chief cleric in Bukeyev’s Khanate: 1. Cadi 2. Bies 3. akhun 4. beg 5. tarkhan 157
258. Where the first right of private property has been introduced in Kazakhstan on the ground? 1. Nogai Horde 2. Kazakh Khanate 3. Bukey Khanate 4. Moghulistan 5. State of Karakhanids 259. Who carries out judicial functions in Bukeyev’s Khanate? 1. bey 2. mullahs 3. beks 4. Tarkhans 5. akhun 260. Where Institute « Sultan’s bazaar « was first introduced? 1. in the Nogai Horde 2. Kazakh Khanate 3. in Bukeyev Khanate 4. State in Karakhanids 5. in the Western Turkic khanate 261. Esaul – is: 1. The tax collectors 2. judges 3. The person performing special assignments Khan 4. The persons carrying out regular communication between different parts of the Khanate 5. warlords 262. Which institution was introduced in Bukeyev’s Horde for regular communication between different parts of the Khanate? 1. esaul 2. Akun 3. bazaar sultans 4. ukaznoy mullah 5. orderlies 263. What position was introduced in the border areas of Bukeyev’s Khanate? 1. esaul 2. vestovoi 3. Akun 4. ukaznoy Mullah 5. deputy
264. What was the function of the deputy? 1. suppression of attempts of unauthorized border crossings by the Kazakhs 2. participate in the consequences 3. The accused wanted 4. analysis of court cases on behalf of Khan 5. prevention of unauthorized attempts to cross the border from the Kazakhs participate in the consequences, wanted accused, the analysis of court cases on behalf of Khan 265. What is the main unit of the administrative-territorial structure of Bukeyev’s Khanate: 1. association 2. plot 3. District 4. parish 5. distance 266. In what year was abolished Khan’s power in Bukeyev’s Horde? 1. in 1812 2. in 1820 3. in 1825 4. in 1830 5. in 1845 267. What body was established to manage Bukeyev’s Horde after the death of Zhangir Khan? 1. Deputies 2. The Office 3. The Council beys 4. The Board of Sultans 5. Provisional Council 268. In what year was designed by «Charter of the Siberian Kirghiz»? 1. in 1818 2. in 1824 3. in 1844 4. in 1822 5. in 1867 269. Who was the author of the reform in 1822? 1. Neplyuev 2. Kolpakovsky 3. Iosif Igelstrom 4. Speranski 5. Gutkovskiy
270. Where the reform of 1822 was carried out? 1 in the Senior Zhuz 2. in the Middle Zhuz 3. in the Junior Zhuz 4. in the Bukeyev’s Horde 5. throughout Kazakhstan 271. What has been developed «Charter of the Siberian Kirghiz»? 1. Gutkovskaya 2. Sperdnski 3. Butkova 4. Kolpakovskii 5. Neplyuev 272. In what year was adopted by the «Charter of nomadic aliens?» 1. in 1801 2. in 1810 3. in 1822 4. in 1824 5. in 1844 273. Who headed the Siberian Committee in 1822-1824? 1. Speranski 2. Arakcheyev 3. Batenkov 4. Essen 5. Butkov 274. According to the 1822 reform the Middle Zhuz was divided: 1. association – seniority – areas 2. District – Parish – villages 3. distance – villages 4. Parish-villages 5. counties, township, villages 275. What was the main objective of the reform in 1822 in the Middle Zhuz? 1. Limitation of the Khan’s power 2. Elimination of the Khan’s power 3. Introduction of a new administrative-territorial division 4. Changes in the legal system of the Kazakhs 5. Changes in the judicial system of the Kazakhs 276. What principle was the basis of the reform in 1822? 1. The principle of democracy 2. The principle of confirmation 160
3. sacralisation principle 4. The principle of the separation of descent 5. The principle of the separation on a territorial basis 277. Who was the head of the district ministry? 1. The Governor – General 2. Petty 3. Aga Sultan 4. The military governor 5. Ruler 278. What is the term chosen for Aga Sultan? 1. 2 years 2. 1 year 3. 5 years 4. 3 years 5. 4 years 279. Who was in charge of the parish on the reform of 1822? 1. Aga Sultan 2. The Governor General 3. Petty 4. Steward 5. Head 280. What is the term chosen by ruler of the parish under the Charter in 1822? 1. 5 years 2. 2 years 3. indefinitely 4. 3 years 5. 4 years 281. In what year was created Border management of Siberian Kirghiz? 1. in 1822 2. in 1838 3. in 1824 4. in 1844 5. in 1867 282. Who was the head of the village on the reform of 1822? 1. Aga Sultan 2. Sultan 3. Ruler 4. Petty 5. Head 161
283. For how long elected aul elders on the reform of 1822? 1. 2 years 2 3 years 3. indefinitely 4. 5 years 5. 1 year 284. Name the function of Aga Sultan: 1. The implementation of all of the district predppisany order on the territory of the parish 2. Preparation for the district management reports to higher authorities 3. to maintain order in the parish 4. the maintenance of order in the village 5 policing in the county 285. Under the Charter of 1822 all lawsuits were subdivided: 1 to 5 categories 2. to 2 categories 3. to 3 categories 4 to 4 categories 5. to 6 categories 286. Which of the following cases were referred to the criminal? 1. treason 2. kill 3. robbery 4. barymta 5. treason, murder, robbery, barymta 287. Which of the following was considered in court cases of bey’s court of reforms in 1822? 1. arson 2. theft 3. barymta 4. robbery 5. treason 288. By the lawsuit Affairs on the reform of 1822 included: 1. barymta 2. treason 3. arson 4. theft 5. robbery 289. Who is the author of «Charter of Orenburg Kirghiz»? 1. Speranski 162
2. Gorchakov 3. Arakcheyev 4. Essen 5. Batenkov 290. In what year was approved by the «Charter of Orenburg Kirghiz»? 1. in 1820 2. in 1822 3. in 1824 4. in 1867 5. in 1844 291. To how many parts of the region was divided Orenburg Kirghiz to reform in 1824? 1. 2 parts 2. 3 parts 3. 4 parts 4. 5 parts 5. were not divided 292. To what territory reform of 1824 extended? 1. Senior Zhuz 2. Middle Zhuz 3. Junior Zhuz 4. The entire territory of Kazakhstan 5. Bukey horde 293. The main objective of the reform of 1824: 1. Section of Younger Zhuz 2. Introduction of the institute of the sultans, rulers 3. Elimination of the Khan's power in the Junior Zhuz 4. Introduction of changes in the legal system of the Kazakhs 5. Introduction of changes in the administrative-territorial structure of the Kazakhs 294. Which regulation was adopted by the imperial government in 1844? 1. Charter of the Siberian Kirghiz 2. Charter of Orenburg Kirghiz 3. Regulation on the Orenburg Kirghiz 4. Transitional provisions on the management of Akmola, Semipalatinsk regions 5. The position of the Siberian administration 295. Where distant management system was introduced? 1. Field of the Siberian Kirghiz 2. Field of Orenburg Kirghiz 163
3. Senior Zhuz 4. Turkestan region 5. Alatau district 296. Which authority took charge of the administrative department of Orenburg Kazakhs management system reform in 1824, 1844? 1. Massacre 2. Edge Court 3. Boundary Commission 4. County orders 5. Military Court 297. What were the functions of the Boundary Commission? 1. The exercise of police surveillance for Kazakhs 2. The selection of officials and private management bodies 3. The control over the activities of private management bodies 4. The judicial functions 5. The implementation of police surveillance for the Kazakhs, the selection of officials and private management bodies, control over the activities of private bodies, judicial functions 298. The introduction of a new institution envisaged by «Regulation 1844»? 1. Institute distant chiefs 2. Institute of Trustees 3. Institute of «folk» of judges 4. Institute of amengerstvo 5. Institute aul elders 299. What tutelage provided by «Regulation 1844»? 1. one 2. two 3. three 4. five 5. six 300. According to the reforms in 1824, 1844 criminal cases were considered: 1. World verbal court 2. Military courts 3. The Court beys 4. The Criminal Division of the Border Commission 5. Civil Division of the Border Commission 301. What is the category of cases on the reforms in 1824, 1844 saw a verbal world court? 1. barymta 2. robbery 164
3. complaints to court biys 4. Kill 5. The civil lawsuits worth over 50 rubles 302. What is the category of cases on the reforms in 1824, 1844 considered bey court? 1. barymta 2. robbery 3. The civil lawsuits worth over 50 rubles 4. The civil lawsuits in the amount of not more than 50 rubles. 5. fraud 303. What are the characteristic features of the control in the Junior Zhuz Reform 1824-1844? 1. bureaucratization of power 2. The centralization of power 3. absence of the electoral principle 4. The assignment of judicial functions biys sultans – the rulers, and distanochnymi aul chiefs 5. bureaucratisation of power, centralization of power, lack of electoral principle, the assignment of judicial functions biys sultans – the rulers, and distanochnymi aul chiefs 304. When is the national liberation movement Kenesary Kasymov? 1. 1823-33 2. 1847-1857 3. 1837-1847 4. 1850-1860. 5. 1860-1870. 305. In what year Alatau district was formed? 1. 1854 2. 1837 3. 1847 4. 1844 5. 1824 306. Among the following mark the wrong answer:. «The commission for the preparation of the reform 1867-68 biennium» included: 1. Protsenko 2. Gears 3. Gaines 4. Gutkovskiy 5. Batenkov 307. How many governorships General was established by the reforms of 1867-68? 1. five 165
2. six 3. three 4. two 5. four 308. What kind of territory of Kazakhstan subject to the provisions 186768 ? 1. the entire territory of Kazakhstan 2. in the Middle Zhuz 3. in the Senior Zhuz 4. in the Junior Zhuz 5. Bukeyev horde 309. How many areas in the territory of Kazakhstan was established on the reforms of 1867-68? 1. five 2. The two 3. three 4. six 5. four 310. What it is the administrative-territorial unit of Kazakhstan Reform 1867-68 ? 1. District-town-village 2. Distance-Aul 3. Region-County-town-village 4. District-distance – County 5. Parish – distance – Aul 311. For how long elected county stewards reform 1867-68? 1. indefinitely 2 3 years 3. 7 years 4. 1 year 5. 5 years 312. What are the requirements for persons applying for the position of township rulers for reform 1867-68? 1. The achievement of 25 years of age 2. The absence of a criminal record 3. Use the respect and trust of the people 4. The person who is not under investigation 5. The achievement of 25 years of age, no criminal record, is respected and trusted by the people, a person is not under investigation 313. What is the term for reform 1867-68 elected aul sergeant? 1. 3 years 166
2. 5 years 3. indefinitely 4. 2 years 5 7 years 314. Reforms 1867-68 in the village included: 1. from 50 to 100 tents 2. from 1000 to 2000 tents 3. from 150 to 250 tents 4. from 100 to 200 tents 5. from 200 to 300 tents 315. According to the reforms of 1867-68 in the parish included: 1. from 100 to 200 tents 2. from 2000 to 3000 tents 3. from 50 to 500 tents 4. from 1,000 to 2,000 tents 5. from 5,000 to 10,000 tents 316. When the extraordinary congress of the biy was introduced? 1. 1867-1868 2. 1822 3. 1824 4. 1844 5. 1891 317. When it was adopted the Regulation on the management of Turkestan edge? 1. 1864 2. 1867-1868 3. 1886 4. 1900 5. 1917 318. What is the main cause of the national liberation movement of Kazakhs in 1916: 1. The strengthening of the repressive policies of the tsarist government 2. Strengthening of the tax burden on the part of the tsarist government 3. The royal decree on the mobilization of the work on the rear 4. The strengthening of the social contradictions 5. The economy crisis 319. Name one of the organizers of the national liberation movement of 1916? 1. Kenesary 2. Syrym Datov 167
3. A. Imanov 4. T. Ryskulov 5. A. Bukeyhanov 320. Among the following name of the party leader «Alash»: 1. T.Ryskulov 2. T.Bokin 3. A.Bukeyhanov 4. Masanchi 5. Pestkovsky 321. When was formed Military Revolutionary Committee? 1. In 1917 2. In 1920 3. In 1922 4. In 1919 5. In1918 322. Who headed the Military Revolutionary Committee? 1. Ryskulov 2. Bokin 3. Masanchi 4. Pestkovsky 5. Bukeikhanov 323. Among the following mark the wrong answer: «The members of the party Alash were: 1. A.Bukeyhanov 2. A.Baytursynov 3. M.Shokay 4. Zh.Akpaev 5. T.Ryskulov 324. Which body of the program «Alash» party passed the judicial function? 1. The parish court 2. The County Court 3. Only the court biys 4. Bey court and the jury 5. Only the jury 325. What kind of legal act has been adopted by 16 December 1991? 1. The Constitution of the Republic of Kazakhstan 2. The law of independence 3. The Declaration of State Sovereignty 168
4. The Law on Citizenship 5. Corrupt Practices Act 326. When was accepted Declaration of State Sovereignty? 1. December 16, 1991 2. October 25, 1990 3. January 28, 1993 4. August 30, 1995 5. December 31, 1990 327. When the now acting RK Constitution was adopted? 1. December 16, 1991 2. October 25, 1990 3. January 28, 1993 4. August 30, 1995 5. December 31, 1990 328. When the first constitution of the Kazakh Soviet Socialist Republic was adopted? 1. In 1936 2. In 1937 3. In 1938 1. In 1935 2. In 1930 329. When the first Constitution of independent Kazakhstan has been accepted? 1. In 1993 2. In 1990 3. In 1991 4. In 1995 5. In 1992 330. When was the decree on the abolition of the Kuna? 1. In 1920 2. in 1919 3. In 1922 4. In 1921 5. In 1925
CONTENT INTRODUCTION .......................................................................................... 3 Chapter 1. THE FIRST STATE ASSOCIATIONS IN THE TERRITORY OF KAZAKHSTAN.................................................. 7 1. Social and political system of Sak and Massaget tribes ............................ 7 2. Military and democratic unions of Uisun, Kanguy and Hunnes ................ 10 3. Social and political system of a Western Turkic Khaganate. Right of the Western Turkic Khaganate ......................................................... 15 4. The state of Karakhan people – the early feudal monarchy....................... 18 Chapter 2. THE STATE AND THE RIGHT OF KAZAKHSTAN IN XIII – XV CENTURIES ......................................... 22 1. Social and political system of the Mongol Empire .................................... 22 2. Political system of Golden Horde ............................................................. 28 3. Social and political system of the Mogulistan ........................................... 33 4. Social and political system of the state of nomadic Uzbeks ...................... 36 5. Social and political system of the Nogai Horde ........................................ 39 Chapter 3. SOCIAL AND POLITICAL SYSTEM OF THE KAZAKH KHANATE (XV – XVIII CENTURIES) ..................................... 42 1. Formation of Kazakh Khanate ................................................................. 42 2. Ethnic structure of the Kazakh Khanate .................................................... 45 3. Social structure of the Kazakh Khanate .................................................... 46 4. Political system of Kazakh Khanate .......................................................... 49 Chapter 4. TRADITIONAL RIGHT OF KAZAKHS .................................... 52 1. General characteristic of the traditional right of Kazakhs .......................... 52 2. Penal right of Kazakhs .............................................................................. 55 3. Family and marriage right of Kazakhs ...................................................... 61 4. Liability right of Kazakhs ......................................................................... 69 5. Court and process on the Kazakh customary right .................................... 73 Chapter 5. ACCESSION OF KAZAKHSTAN TO RUSSIA AND IT IS STATE – LEGAL CONSEQUENCES ....................................... 81 1. Political and legal conditions of accession of Kazakhstan to Russia ......... 81 2. Public-legal consequences of the accession of Kazakhstan to Russia ....... 84 Chapter 6. THE STATE AND THE RIGHT OF KAZAKHSTAN AS A PART OF THE RUSSIAN EMPIRE IN XVIII – XIX CENTURIES .................................................................................................. 87 1. Forms of restriction of Khan’s power in Kazakh Zhuzes .......................... 87 2. Social and political system of the Bukeev’s Khanate ................................ 90 3. Administrative-territorial reforms of the 20-40th years of XIX century ............................................................................................... 93 170
4. The administrative device and the right of Kazakhstan on reforms the 60-90th years of XIX century ................................................. 95 Chapter 7. THE STATE AND THE RIGHT OF KAZAKHSTAN DURING BOURGEOIS-DEMOCRATIC REVOLUTIONS ............................................................................................ 105 1. Changes in an administrative political system of Kazakhstan at the end of XIX – the beginning of XX centuries ........................................ 105 2. The state and the right of Kazakhstan in the years of the first Russian bourgeois-democratic revolution in 1905-1907 years ....................... 109 3. The state and the right of Kazakhstan during World War I and the national liberation movement of 1916 year .............................................. 110 4. The state and the right of Kazakhstan during February bourgeois-democratic revolution .................................................................... 112 THE LIST OF RECOMMENDED LITERATURE ....................................... 115 TEST TASKS TO ALL SUBJECTS .............................................................. 117
Useinova Gulnara Rahimzhanovna Useinovа Karlygash Rahimzhanovna HISTORY OF THE STATE AND RIGHTS OF THE REPUBLIC OF KAZAKHSTAN Educational-methodical manual
Computer page makeup and cover designer: U. Abdikaimova
IS No.11000 Signed for publishing 15.06.17. Format 60x84 1/16. Offset paper. Digital printing. Volume 9.0 printer’s sheet. Edition 80. Order No.3610 Publishing house «Qazaq university» Al-Farabi Kazakh National University, 71 Al-Farabi, 050040, Almaty Printed in the printing office of the «Qazaq university» publishing house.