Volume 04 Issue 11-2024
8
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
11
P
AGES
:
8-14
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article provides information about the reforms in the judicial system as a result of the socio-political processes
that took place in Turkestan in the first quarter of the 20th century and the decrees adopted by the Soviets as a result
of replacing the old judicial system with a new one and their historical significance.
KEYWORDS
Court, decision, decree, district court, cassation, appeal, jurisdiction, people's courts, judge.
INTRODUCTION
By 1917, a coup was carried out in the Russian Empire.
That is, the Romanov dynasty, which ruled the Empire
for several centuries, left the throne. The revolution
was caused by the disproportion of the national
economy, its division into the rapidly developing
industrial sector, and the stagnation of agriculture. [1.
19] The wave of the revolution also affected Turkestan.
In the spring of 1917, the Soviet of Workers' and
Soldiers' Deputies began to be formed in Tashkent.
Soon they united into a single Tashkent Soviet of
Workers' and Soldiers' Deputies. In this, the principle
of class was taken into consideration. Therefore, most
of the deputies were Europeans[2. 20]. On June 21,
1917, the Tashkent branch of the Russian Social
Democratic Party proclaimed "all power to the
Soviets" [3. 2].
In the process of establishing a democratic
government, the interim government made changes in
Research Article
THE SIGNIFICANCE OF DECREES ADOPTED IN THE ESTABLISHMENT OF
THE SOVIET COURT SYSTEM IN TURKESTAN
Submission Date:
October 26, 2024,
Accepted Date:
October 31, 2024,
Published Date:
November 05, 2024
Crossref doi:
https://doi.org/10.37547/ajsshr/Volume04Issue11-02
Ruziboyev Fakhriddin Sohibjon ugli
Researcher at Namangan State University, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ajsshr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 11-2024
9
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
04
ISSUE
11
P
AGES
:
8-14
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the judicial system, including the abolition of the death
penalty and the abolition of military courts [4. 9].
On October 24, 1917, an armed uprising began in
Petrograd. The Communist Party and its leader V.I. The
forces of workers, soldiers and peasants led by Lenin
came
to
power.
The
October
Revolution
fundamentally changed the way of social life that had
been formed for many centuries not only in Russia but
also in other countries [5. 6].
These events, in turn, meant the beginning of another
transformation process in the judicial system of the
Turkestan region. Before the beginning of these
political processes, even during the period of the
empire that ruled the region, innovations were
introduced to the judicial system based on the national
values of Turkestan for many years. But he did not dare
to completely destroy the traditional courts, i.e. judges
and judges. In particular, articles related to the judicial
system were included in the Regulations on
management, which depend on the socio-political,
economic, administrative-territorial fate of the region.
Nevertheless, together with the people's courts
introduced by the Russians, despite the fact that their
powers were quite narrow, the national courts
continued their activities [6. 66].
METHODS
In this article, the formal literature created in the first
half of the 20th century and the decisions made in that
period, the Regulations, are the primary source for
explaining the research work. Including V. A. Kozlov, S.
D. Murashevsky, SH. Tashliyev's works provide
information about the management policy of the
Soviet government and socio-political processes at
that time, and the scientific articles of Yu.G.
Shpakovskiy and A.V. Babenko provide information
about the history of the formation of the Soviet judicial
system.
The article uses methods such as historical comparison
and analysis of scientific research.
RESULTS
After the collapse of the empire and the coming to
power of the Soviets, another period of changes in the
traditional courts of Turkestan began. In particular, on
December 5, 1917, the leader of the Soviet government
V.I. In accordance with Lenin's decree, on December 12,
1917, the Council of People's Commissars of Turkestan
issued a decree "On the reorganization of the judicial
institutions of the Turkestan region." According to the
decree, all previously existing general judicial
institutions: district courts, court chambers and
military courts were abolished. People's courts formed
on the basis of democratic elections were introduced
instead of the bourgeois court, which protects the
interests of the exploiters and is, in the words of the
Soviets, an instrument of brutal invasion.
Volume 04 Issue 11-2024
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American Journal Of Social Sciences And Humanity Research
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After the Soviets strengthened their power, they
gradually began to reorganize the governing bodies of
the national republics. The judicial system of Turkestan
was no exception. Since 1917, the Council of People's
Commissars began issuing decisions related to the
judicial system. It was determined that the people's
courts in Turkestan will operate on the basis of these
decrees.
DISCUSSION
On November 22, 1917, the first decree on the judicial
system was adopted. According to its paragraph 1, 1)
Abolition of the existing general court system
the following judicial institutions: district courts,
judicial chambers and all departments of the governing
Senate, military and all types of naval courts, as well as
commercial courts were set to be replaced by courts
formed on the basis of democratic elections.
In accordance with paragraph 2, the judges, hitherto
elected by indirect elections, will be replaced by local
courts consisting of a permanent judge and two
permanent advisers nominated for each session on the
basis of special lists of permanent judges, suspending
the current justices of the peace. set to stand. Also,
Local Judges shall henceforth be appointed on the
basis of direct democratic elections and until such
elections are appointed temporarily - by district and
volost, if not available - workers', soldiers' and
peasants' deputies by district, city and it was
introduced as a rule to be elected by regional councils.
The decree included more provisions related to the
powers of local courts. Local courts handle all civil
cases up to 3,000 rubles, and in criminal cases can
sentence the accused to imprisonment for not more
than 2 years, only if the civil claim does not exceed
3,000 rubles. Judgments and decisions of local courts
are final and cannot be appealed. A fine of more than
100 rubles or for a period of more than 7 days cassation
appeal is allowed in cases related to deprivation of
liberty. The cassation instance is the district, and in the
capitals it is the capital congress of local judges.
According to paragraph 3, judicial investigators,
prosecutor supervision institutions, as well as judges
and private advocacy institutions, which existed until
now, will be abolished, until the entire judicial process
is changed, the preliminary investigation of criminal
cases will be entrusted only to local judges, and their
that decisions on private detention and trial must be
approved by the decision of the entire local court, and
that all citizens of both sexes enjoying civil rights are
allowed to participate as lawyers in the preliminary
investigation phase and in civil cases as prosecutors
and defenders was set as In paragraph 4, court
decisions, ranks of preliminary investigation and
prosecutor's supervision, as well as councils of sworn
lawyers are specially elected by the respective local
Councils of Workers', Soldiers' and Peasants' Deputies
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to accept and further direct cases and proceedings.
Commissioners are responsible for the archives and
property of these institutions. It was ordered that all
subordinates and priests of the dissolved institutions
should remain in their places and, under the general
direction of the commissioners, carry out all the
necessary work on the unfinished works, as well as
provide information about the state activities to the
interested persons.
It can be said that the radical renewal of the court's
activity is an effort to ensure that it is based on
democratic principles.
Clause 5 deals with the functioning of courts in national
republics, where local courts decide cases in the name
of the Russian Republic and in their decisions and
judgments follow laws that have not been abrogated
by the revolution and do not conflict with the
revolutionary conscience and revolutionary sense of
justice. it is said that they do.
This decision required local courts to obey the Soviet
ideology. This can be seen in the norm that all laws that
contradict the decisions of the Central Executive
Committee of the Soviets of Workers, Soldiers and
Peasants' Deputies and the Workers' and Peasants'
Government, as well as the minimal programs of the
Russian
Social-Democratic
revolutionaries,
are
recognized as null and void.
In all disputed civil cases, as well as in personal criminal
cases, the parties may apply to the arbitration court.
The working procedure of the arbitration court is
defined by a special decision.
Pursuant to paragraph 7, the right to pardon and
restore the rights of persons convicted of criminal
cases is determined to belong to the judicial authority.
He ensured that the center of activity of everydiv
organized by the Soviets to preserve and strengthen
the victory of the revolution would be this. To fight
against counter-revolutionary forces in the form of
taking measures to protect the revolution and its
achievements, as well as to solve cases of fighting
against looting and looting, sabotage and other abuses
by merchants, industrialists, officials and other
persons, workers and peasant revolutionary tribunals
were formed consisting of a chairman and six
permanent councilors elected by the workers',
soldiers' and peasants' deputies from the regional and
city councils.
In 1918, another court decree was passed. In practice,
this was an addition to the 1917 decree. The first part of
the decree provides information about the rules of
procedure for the establishment of district people's
courts. In particular, it states that district people's
courts will be established to hear cases beyond the
jurisdiction of the local people's court, whose
members will be elected by the district by the local
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councils of workers', soldiers' and peasants' deputies.
The general meeting of the members of the District
People's Court determines the number of civil and
criminal departments, each of which is chaired by at
least two permanent members. The number of court
members may be increased or decreased by the local
Councils of Workers', Soldiers' and Peasants' Deputies
on their own initiative or at the request of the courts.
The members of the court elect the chairman of the
court and the chairman of the department from among
themselves, recall them and elect other persons in
their place. Elected members of the court, with the
exception of the chairpersons, are recalled by the
Councils that elected them. All preparatory actions for
the trial are resolved collegially by at least three
permanent members of the district people's court. In
the departments of civil affairs, cases are decided on
their merits with the participation of three permanent
members of the district people's court and four
people's advisers. Decisions on the merits of criminal
cases are made by twelve permanent and two reserve
judges under the chairmanship of one of the
permanent members of the court [7. 466].
The second part of the decree is about the cassation
procedure. It is established that the permanent
members of the people's courts shall elect the
appropriate number of members of the regional court
at the general meeting of the regional court for the
consideration of complaints.
The third part consists of provisions on the supervision
of the Supreme Court. In order to achieve uniformity in
the cassation practice of both assemblies of local
people's judges and regional people's courts,
supervision of the Supreme Court was established in
the city of Petrograd. The Supreme Court supervises
and issues judgments issued by all courts. Decisions
issued by the Supreme Court could only be overturned
by the legislature of the empire. The fourth part is
about the judicial process and jurisdiction. In its first
article, it is allowed to speak in all local languages in
courts of instance. Civil and criminal trials were
conducted according to the Rules of Court of 1864.
Cases not exceeding 3000 rubles, such as civil
documents, wills, adoptions, were transferred to the
jurisdiction of district courts [7. 469].
The fifth part is about court fees and costs. In civil and
criminal courts, as well as in arbitration courts, it is
established that a court fee, which is determined until
a special decision, is collected for civil claims with a
value of more than 100 rubles, for cases of more than
100 rubles [7. 470].
The sixth part deals with the preliminary investigation,
and the preliminary investigation of criminal cases
outside the jurisdiction of the Local Court is carried out
by the three directly elected Councils of Workers',
Soldiers' and Peasants' Deputies. it is noted that it will
be carried out by investigation commissions consisting
of individuals.
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According to the section 7 about the prosecution and
defense, in particular, the court investigation should be
conducted with the participation of the accuser and
the defender, the formation of a collegium of persons
dedicated to legal representation as a form of public
protection at the Councils of Workers', Soldiers' and
Peasants' Deputies, workers to these collegiums ,
persons elected and recalled by the Soviets of Soldiers'
and Peasants' Deputies, the court could propose a
state prosecutor from the above-mentioned panels of
lawyers for each case.
The eighth part is about the people's councilors and
the judicial investigation, the people's councilors are
allowed to participate in the judicial investigation, and
they are also given the right to oppose all the
chairpersons appointed to this meeting. The People's
Counsel decides not only the fact of the crime but also
the amount of punishment, and they have the right to
reduce the punishment prescribed by law according to
their belief, until the accused is exempted from any
punishment.
The ninth part deals with complaints, pardons and
restoration of rights. In particular, it is not allowed to
appeal against the verdict of acquittal, mitigation of
punishment and complete release of the accused from
punishment.
The tenth part provides rules on the execution of
decisions and sentences. In particular, the decisions
and judgments of the elected executive bodies will
henceforth be implemented in accordance with the
previously effective order, replacing the members of
the police where the Red Guard is present. And in the
eleventh part, about existing laws, that is, when
considering civil and criminal cases, the court shall
follow the civil and criminal laws in force until now,
provided that they are invalidated by the decisions of
the Central Executive Committee and the Council of
People's Commissars. in the event that it is not done
and does not contradict the law [7. 473].
Finally, in the last and twelfth part, the general rules
are defined that preliminary determination of
boundaries for regional people's courts, determination
of the number of elected members, as well as control
of the Supreme Court, convening of the first sessions
belong to the People's Commissariat of Justice [7.
474].
СONCLUSION
Therefore, the Bolsheviks, who came to power after
the Russian Empire was abolished, called themselves
the legal heirs of the Russian Empire. But not a
monarchy like an empire, on the contrary, the middle
class of workers and soldiers announced state traps
that protect the interests of the peasants. The Soviets
also did not want the colonial nations under the empire
to become independent, so they tried to save them as
much as possible. In particular, in the reforms made in
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the management system, the socialist ideology was
instilled into the activity content of all bodies. For
example, Lenin said about this... we did not reform the
old court, we ended it immediately, we turned it into a
tool of the socialist society. [8. 210] The Soviet
authorities were so cunning that they implemented
reforms in the political life of the Turkestan region not
at once, quickly, but slowly. As seen above, as
evidenced by the decrees adopted by the court, only
some changes were made in the first year of 1917, and
by 1918, the scope of the reform expanded and many
innovations were introduced into the judicial system.
The traditional courts in Turkestan, which were
functioning during this period, submitted reports only
to the RSFSR. That is, it was not independent. Also,
cases of state importance were handled through
central court bodies. Thus, Decree No. 1 unified the
multi-system model of the judicial system of the period
before October, and Decree No. 2 completed it. [9. 107]
The first regulatory document that laid the foundation
for the formation of the Soviet judicial system was the
decree adopted by the Council of People's Commissars
on December 7, 1917 [10 251].
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