Из истории судебной системы Туркестана

Today, in the framework of building a democratic state governed by the rule of law and a strong civil society, the country is consistently implementing reforms to ensure the rights and freedoms of citizens, the development of the judicial system.

We know that the judiciary in our country operates independently as one of the three existing governments. Has the judiciary operated independently at all times?

The following is information about the activities of courts and judges (judges - I.D) in the Turkestan region in the late XIX - early XX centuries and the changes in this area.

During the reign of independent khanates, courts were engaged in litigation.

Senator Count K.K., sent from St. Petersburg to inspect the Turkestan court cases. According to Palen, in the early twentieth century, the court consisted of two rooms, one of which housed the judge himself and his advisers (mufti, alam), and the other the secretary (mirza). In the cauldron sat all the carpet and felt spread [1]. Russian ethnography А. Shishov said no date or time had been set for locals to attend the trial. People who came to the treasury came from early morning to late afternoon.The workers in the cauldron were also ready to receive their applicants at this time [2].

The imperial government has also made a number of changes in the judiciary. Despite the existence of a judiciary, three other types of courts have been established in the country.

1. Courts established for the residents of Fergana, Ettisuv, Samarkand and Syrdarya settlements.
2. Courts established for the nomadic population of these regions.
3. Courts established for the local population of the Caspian region.

The courts of the nomadic and sedentary populations were different. The Shariah-compliant judges of the settled population ruled on the basis of general and unchanging Sharia norms, following the evidence established in the trial. The courts of nomadic peoples, on the other hand, judged not only by the passage of time, but also by custom, which varied from place to place.

The explanatory letter to the draft Regulation on the Administration of the Turkestan Province states that". The Commission explains: “The failure of the British to enforce their laws in India is a clear example of this. "After a long struggle, Britain was forced to give in to the demands of the local people and to establish a local people's court with a number of restrictions" [3]. That is why the government of the Russian Empire retains judges in Turkestan. Although the right of judges to apply Sharia law during this period was not restricted, their powers over the right to hear criminal cases were limited.

The government of the Russian Empire established a court of judges in the towns and villages inhabited by Uzbeks, and a court of judges among the Kyrgyz and Kazakh peoples. The Regulations on the Administration of the Turkestan Province named the courts of judges and judges as people's courts [4]. The colonial authorities tried to gain a false reputation with this, but the name of the people's court did not gain popularity among the population. They continued to call these courts the courts of judges and magistrates as before. One of the most prestigious religious positions in the country is the judiciary, which has ruled the Uzbek state since the Islamic era. The word judge means "decisive", "judgmental" [5]. In the khanates, trials were conducted by judges on the basis of Sharia. Including; There were 4 types of judges in the Tashkent principality of the Kokand khanate: a) qaziqalon, b) qaziul-quzzot, c) qazi al-askari, d) qazirais.

Qazikalon, like other judges, was appointed directly by the khan. To be a judge, he had to know the Sharia well. Because the fate of the people lies in the hands of the judges, the rulers of the state have thoroughly studied the personal life of a person before appointing him as a judge [6].

Ordinary judges were subordinate to the jury. This obedience consisted in carrying out his command [7].

Qaziul-quzzot was a man appointed by the khan, worked as an assistant to the qaziqalon, and performed some of the duties entrusted to him. Kozikalon took his place during his temporary absence [8].

Judge al-Askari was appointed by the bey and investigated only crimes committed by soldiers serving within the principality.

The judge is told to the chairman who is the chairman of the board of directors. He was also appointed by Beck. This career consists of 2 tasks: as chairman, the judge performs the post of mirshablik. He was setting order in the streets, in the markets [9]. The proper performance of religious ceremonies, people's prayer reading, fasting, the fulfillment of Sharia laws and other similar works were controlled.  In addition, the chairmen supervised the upbringing of young people, the proper conduct of trade in city shops and stalls, markets.  They were also right to interrogate women who went out into the street alone [10]. In addition to the above, a'lam and Muftis were also involved in court cases. A'lam was considered the head of the Muftis and his task was to investigate the Sharia narratives brought from the fatwas. They were considered consultants and assistants of the veterans.

 Muftis are lawyers of judges, commentators on Sharia law. Muftis were not attached to a particular cauldron, but took part in the work at the invitation of the people. Their main task was to provide information about the rules of Shari'a and to show the Shari'a the way in which such a case would be resolved in practice, in accordance with the rules of what the claim was not in accordance with, which was called narration.

The imperial government, like other religious scholars, sought to downplay the socio-economic status of judges among the local population. Various measures have been taken for this purpose. On August 6, 1865, the "Temporary Regulations on the Administration of Turkestan Provinces" were adopted. According to the charter, judges are elected by the people and approved by military governors [11]. The Regulations on the Administration of the Ettisuv and Syrdarya Regions of 1867 also introduced that judges and biys be elected by the local people and approved by military governors [12].

As a result of such changes in the judiciary, some bureaucrats began to bribe voters to become judges and turn the judiciary into a form of wealth-making. Those who became judges through bribery robbed ordinary people in order to get back the money they had spent on elections and to amass wealth.

One of the peculiarities of the charter of 1867 is that if the judges of the khan's time were assigned a certain area to see the case. When people turn to judges who seek to justify their trust, Article №185 of the statute stipulates that “Patients shall apply to a judge in the area where they live who are responsible for resolving their claims.” According to him, the jurisdiction of judges was limited, and the population was deprived of the right to appeal to any judge. Under the new statute, judges were elected by fifty chiefs. But this election was called the people's election. Nomination and election of candidates took place with the participation of government officials. It was the control of the government over the election. Judges will now be appointed by representatives of the dictatorial government. As a result, in most cases, not fair people were appointed to this position.  Bribery has become a very common practice in the judiciary. M. Behbudi, one of the progressive thinkers of that time, also said, “A mullah was both a judge and a teacher and an elder, and he sold the affairs of students and the people. On the other hand, our scholars, who are talented for judges and teachers, are hungry.”

The new Statute on the Administration of the Land of Turkestan, signed by Alexander II in 1886, also paid special attention to the judiciary.

As a result of the policies of the Russian Empire towards the judiciary, the judiciary began to become one of the sources of wealth for the upper class. Judges and dancers plundered the people, plundered everything, and acted in the interests of the upper class. Those who became judges in unclean ways were oppressing people.  They did not take responsibility for what they did. For example, the judge of Andijan Said Jalal in 1881, while reviewing the case of a man named Maqsud Sufiev, got angry and beat him with a whip and hung him on a tree. Maqsud Sofiev died from his injuries. But the judge will not be held accountable.[13]

After the conquest of Tashkent by the Russian Empire, the position of Kazakh remained. The appointment of Qazikalon to religious positions, General M.G. Chernyaev had to confirm it. But some officials in the governor's office don't like it. For example, N.P. Ostroumov General M.G. Chernyaev was believed to have given Kazykalon many privileges [14].

After the arrival of von Kaufmann in the country, under various pretexts, he removed Hakimhoja from the post of Qazykalon and appointed no one in his place. Thus, the position of Qazykalon in Tashkent was abolished.

The cossack of Samarkand was also awarded a silver medal by von Kaufman during the first occupation of Samarkand and remained in office. He was later fired on the grounds that he had received many complaints from the government [15]. No one was appointed to replace him.

In short, in the late nineteenth and twentieth century’s in the Turkestan region, the judiciary did not diminish its influence in society under the tsarist administration. No matter how much the Tsarist administration tried to demonstrate its superiority over the local courts by issuing “fair judgments” of the imperial courts, the judiciary remained a source of legal support for the people. After the establishment of the Soviet government, the judiciary was completely abolished.