Imperial Judicial Policy in the Central Asian Suburbs in the second half of the 19th – early 20th centuries: Main Forms, Directions, and Results
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Keywords

Russian Empire
Steppe Region
Turkestan
National Policy
Judicial and Legal System
Traditional Law
People's Court
Reforms
Modernization
19th century

How to Cite

1. Anisimova I. Imperial Judicial Policy in the Central Asian Suburbs in the second half of the 19th – early 20th centuries: Main Forms, Directions, and Results // Journal of Frontier Studies. 2022. № 1 (7). C. 207-228.

Abstract

One of the important directions of modernization of the Central Asian outskirts of the Russian Empire was the formation of the region’s judicial system. During the second half of the 19th century, a complex configuration of regional justice was created, which was supposed to act not only as a way of coordinating social interaction but also as a means to express the political interests of the state. The purpose of the work is to identify and analyze the main forms and directions of the judicial policy of the Russian Empire in the Central Asian outskirts in the second half of the 19th – early 20th century. The judicial reform carried out in the Russian Empire in 1864 led to the implementation in the Steppe Region and Turkestan of a set of measures aimed at the re-organization of the judicial and legal system. This process reflected the orientation of the social policy towards modernization. During the reforms of the 1868, 1886, 1898, imperial judicial institutions and legal norms were imported into the region. However, the traditional court also retained significant positions. The justice system of the Central Asian outskirts did not meet the needs of society. The preservation of the People’s Court did not allow the local population of the region to be fully incorporated into the all-Russian legal space. Those processes demonstrated the incompleteness of the judicial and legal system reforms and the need for systemic modernization.

The article is intended for specialists interested in the national policy of the Russian Empire, and the history of the Central Asian region.

https://doi.org/10.46539/jfs.v7i1.376
pdf (Русский)

References

Act of 15 June 1912. On the transformation of the local court. (1912). Senate printing house. (In Russian).

Anisimova, I. V. (2018). Formation and Development of the Social Control System in the Steppe Krai in the second half of the 19th – early 20th century. Bylye Gody, 48(2). https://doi.org/10.13187/bg.2018.2.618 (In Russian).

Anisimova, I. V., & Lysenko, Y. A. (2018).Special Aspects of the Organization and the Activity of the Institute of Justices of the Peace in the Steppe Region at the End of the 19th - the Beginning of the 20th Centuries. Izvestia of Altai State University, 2(100), 15. https://doi.org/10.14258/izvasu(2018)2-01 (In Russian).

Central State Archive of the Republic of Kazakhstan. (1897). F. 64. In. 1. C. 767. (In Russian).

Cherdantsev, N. S. (1899). On some abnormalities in the organization of the people's court in the Turkestan and Stepnoy Governorates-General. Journal of the Ministry of Justice, 2. (In Russian).

Complete Collection of Laws of the Russian Empire. Collection Two. 1825-1881. (In 55 volumes + volumes of supplements and indexes) (Vol. 40). (1865). Printing Office II of His Imperial Majesty's Own Chancellery. (In Russian).

Comprehensive report of the Minister of Justice on the progress made in improving the judicial system in 1894-1899. (1899). Journal of the Ministry of Justice, 7, 117–118. (In Russian).

Kappeler, A. (2010). “Russia - A Multinational Empire”: Some Reflections Eight Years After the Book's Publication. In Myths and misconceptions in the study of empire and nationalism (pp. 265–282). New publisher. (In Russian).

Kirillov, V. V. (2005). History of reforms and counter-reforms in the context of Russian modernization in the 18th and 20th centuries. Moscow City Pedagogical University. (In Russian).

Kodan, S. V. (2012). Political-legal approach in the study of state-legal development of Russia ( 19th – early 20th century).. NB: Societal and political issues, 2, 88–117. https://doi.org/10.7256/2306-0158.2012.2.177 (In Russian).

Krestyannikov, E. A. (2009). The judicial reform of 1864 in Western Siberia. Publishing and Printing Centre “Express”. (In Russian).

Lubichankovsky, S. V. (2013). The Romanov Empire and the Problem of Cultural Heterogeneity Management. Ural Historical Herald, 3, 59–68. (In Russian).

Lysenko, Y. A., Anisimova, I. V., Tarasova, E. V., & Sturova, M. V. (2014). Traditional Kazakh Society in the National Policy of the Russian Empire: Conceptual Foundations and Mechanisms of Implementation (19th – beginning of the 20th century). Azbuka. (In Russian).

Makhmudova, N. B. (2016). The Senatorial Revision of Count K.K. Palen in Turkestan: Reasons, Course and Consequences. The metamorphosis of history, 7, 134–150. (In Russian).

Mironov, B. (2003). Social History of Russia in the Imperial Period (18th – early 20th centuries). The Genesis of the Individual, the Democratic Family, Civil Society and the Rule of Law: In 2 Volumes (Vol. 2). Dmitry Bulanin. (In Russian).

Nesterenko, L. S. (2012). Dissemination of the Judicial Reform of 1864 in the Turkestan Region. In Humanities and Social Sciences and Law: Current Trends in a Changing World. Premier. (In Russian).

Poberezhnikov, I. V. (2013). Frontier modernisation in the Russian civilisational context. Regional Aspects of Civilizational Development of Russian Society in the 20th Century: Problems of Industrialization and Urbanization. Proceedings of the Interregional Scientific Conference. 6-7 June 2013., 3–10. (In Russian).

Poberezhnikov, I. V. (2018). Frontier Modernization in the East of the Russian Empire: Regional Variations. Ural Historical Herald, 61(4), 72–80. https://doi.org/10.30759/1728-9718-2018-4(61)-72-80 (In Russian).

Pochekaev, R. Yu. (2008). The main stages in the evolution of the Kazakh Bishops' Court (15th – early 20th centuries). Zanger, 4, 51–58. (In Russian).

Pochekaev, R. Yu. (2011). The legal situation in Kazakhstan as part of the Russian Empire. Ч. 3: Law and Courts in Kazakhstan within the Russian Empire (1868-1917). Issues of History and Archaeology of Western Kazakhstan, 1, 57–75. (In Russian).

Provisional Regulation on Governance in the Urals, Turgai, Akmola and Semipalatinsk Regions (21 October 1868). (2005). In The Ancient World of Kazakh Law (materials, documents and research in ten volumes) (Vol. 5, pp. 441–463). Zheti Zharghy. (In Russian).

Regulations on the Management of Turkestan Territory, 1886. (1886). Chronos. http://www.hrono.ru/dokum/turkestan1892.html (In Russian).

Remnev, A. V., & Suvorova, N. G. (2013). Colonisation of Asiatic Russia: Imperial and National Scenarios in the Second Half of the 19th and Early 20th Centuries. Nauka. (In Russian).

Report on the revision of the Turkestan region, carried out at the Imperial command of Senator Hoffmeister Count K.K. Palen. People's Courts of Turkestan Territory. (1909). n. p. (In Russian).

Russian State Historical Archive. (1871). F. 1405. In. 69. C. 7108 – а. (In Russian).

Russian State Historical Archive. (1897). F. 1291. In. 84. № 18-1897. (In Russian).

Russian State Historical Archive. (1898). F. 565. In. 7. C. 29084. (In Russian).

Russian State Historical Archive. (1904). F. 1587. In. 1. C. 1. (In Russian).

Russian State Historical Archive. (1910). F. 1396. In. 1. C. 441. (In Russian).

Russian State Historical Archive. (1911). F. 1405. In. 532. C. 2. (In Russian).

Russian State Historical Archive. (1913). F. 1405. In. 532. C. 491. (In Russian).

Saliev, A. L. (2013a). On attempts by the Tsarist authorities to bring the judicial procedure of the nomadic population of Turkestan closer to Russian courts and legislation (based on archival, legal and other materials). Bulletin of the Kyrgyz-Russian Slavic University, 13(12), 77‑80. (In Russian).

Saliev, A. L. (2013b). The Tsarist Power and the People's Courts of the Nomadic Population of Turkestan: Problems of Relationship (on archival, legal and other materials). Bulletin of the Kyrgyz-Russian Slavic University, 13(6), 41–43. (In Russian).

Terentiev, R. V. (2001). Government bills to reform local justice in Russia in the late 19th and early 20th centuries. Scientific Notes of the V.B. Bobkov St. Petersburg Branch of the Russian Customs Academy, 4, 140–146. (In Russian).

Tukhtametov, F. T. (1999). The Legal Status of Turkestan in the Russian Empire: (Second Half of the 19th Century). Bashkir State University. (In Russian).

Valiev, R. G. (2020). Legal Institutionalization and Legal Institutions: Conceptual Model. Lex Russica, 4, 103–116. https://doi.org/10.17803/1729-5920.2020.161.4.103-116 (In Russian).

Vasiliev, D. V. (2014). The organisation of administration in Russian Turkestan according to the draft Regulations of the 1870s. The online journal “Naukovedenie”, 5, 1–23. (In Russian).

Vasiliev, D. V. (2018). A classic example of Orientalism. K. K. Palen's Memoirs as a High Official's View of Russia's Mission in the Turkestan Region. Bulletin of the Orenburg State Pedagogical University, 28, 87–100. https://doi.org/10.32516/2303-9922.2018.28.8 (In Russian).

Vasilyev, D. V., & Lubichankovsky, S. V. (2018). Administrative Acculturation of the Indigenous Population of Turkestan Province in the Russian Legislation of 1865-1866. Bulletin of Volgograd State University. Series 4: History. Regional Studies. International relations., 6, 61–75. https://doi.org/10.15688/jvolsu4.2018.6.4 (In Russian).

Verniaev, I. I. (2018). The Local Court Reform of 1912. In the Imperial Dimension: How to Build Common Institutions in a Multi-Stakeholder Society. Contemporary Russian history, 8(4). https://doi.org/10.21638/11701/spbu24.2018.412 (In Russian).

Zakharov, V. V. (2010). Neoinstitutionalism in Historical and Legal Studies: Towards the Problem of Expanding the Methodological Instrumentation of the Domestic History of State and Law. Scientific notes. Electronic scientific journal of Kursk State University, 3, 36–44. (In Russian).

Zakharova, L. G. (1992). Autocracy and Reforms in Russia. 1861-1874. (To a question on the choice of development). In The Great Reforms in Russia, 1855-1874 (pp. 24–43). MSU Press. (In Russian).

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