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Preparation and adoption of the provision on reform of rural management in Dagestan



M. I. Guruyev

PREPARATION AND ADOPTION of the PROVISION ON REFORM of RURAL MANAGEMENT IN DAGESTAN

Work is presented by department of history of Russia of the Dagestan state university.

The research supervisor - the doctor of historical sciences, professor of X. X. Ramazans

In the 60th of the 19th century there was a need of creation in Dagestan of the uniform administrative management system, in particular rural management. In article stages of preparation and adoption of "Provision" under which such system was created are described. Also in work will raise the question of features of adoption of "Provision" in Dagestan.

In the 60s of the 19 th century, it became necessary to create a unified administration system in Dagestan, including its rural areas. The article outlines the steps that were taken in preparing and adopting the Regulation under which the system of administration was to be established. Another question raised in the article is how the Regulation was adopted in Dagestan.

One of relevant tasks of historians these in the field of political life, osoben-consists in disclosure progressive n0 eras of reforms of the 60th of the 19th century in Dagesta-znacheniya of accession of Dagestan to Dews - not. To this current problem it is devoted

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large amount of works of historians. However, unfortunately, not enough attention is paid to a problem of preparation and realization of rural reform in Dagestan.

To create complete idea of changes, adoptions of the provision on reform of rural management which happened later in Dagestan, it is necessary to consider rural management on the eve of reform of 1868

Till 1868 in Dagestan there was no uniform system of rural management. For simplification of control over Dagestan before the Tsar's administration there was a need of creation of a uniform system of rural management. Before reform of 1868 in Dagestan there were three forms of rural management. This management in khanates, rural management in Shamil's imamata and rural management in districts.

Up to the 1960th khans and princes were engaged in affairs in auls. The land reform and release of villagers from influence of local feudal lords undermined the power of khans over rural societies. It was necessary to create, according to the government, appropriate authorities of rural management which would replace the power of feudal possessors and would strengthen the power of the Tsar's administration.

Speaking about Shamil's imamata, in particular about the system of rural management which was created there, it should be noted the following features. In an imamata the new order of rural management was entered. Earlier it was carried out by elders, elective at a village assembly, on the basis of adats, spiritual affairs knew di Bira. Shamil in an imamata "established individual management of the centurion" the qadi and di-bira1, and in all affairs they were guided by Sharia and Shamil's nizama. More it at it turned out, but completely it was not succeeded to replace adats with Sharia. A noticeable role in rural justices - lines was played by local educated alims. Muftis, qadis and alims in an imamata were zna-

the chitelny system and at the same time the obedient tool of naib at pronouncement of judgments and interpretation of Sharia.

Thus, we see that Shamil created the uniform system of rural management, being guided by laws of Sharia. There was a replacement of adats by laws of Sharia, and rural control was exercised, based on laws of the last. The strict hierarchy of management imamaty was created.

On a part of the territory of Dagestan the tsarist government introduced the administrative management system, absolutely new to edge, districts were created. All completeness of the power in districts was in hands of the chiefs appointed by the government from among army officers. Rural control in districts was exercised on the basis of adats and Sharia. The novelty was that representatives of the official power interfered with rural management of an active image, seeking to introduce more in rural management of standards of the all-Russian legislation. On this soil there were conflicts between residents of certain auls and representatives of the official power. As a result of introduction of the new administrative management system such districts as Dargwa, Samur and Kazikumukhsky were created. In the Dargwa district the former division into societies which were operated as naib by the qadis appointed by the government from the family members who were earlier managing this society was maintained. Inhabitants of the Derbent gradonachalstvo and the city of Petrovsk coped under the general laws of the empire, with some exceptions for Transcaucasia. Other population of Dagestan which consisted in military and national management and under control of khans coped on adats and special resolutions.

Thus, till 60th of the 19th century there was no uniform administrative management system. After suppression of the movement of mountaineers the military command decided to unify management.

Preparation and adoption of the provision on reform of rural management in Dagestan

The beginning to the new administrative device of Dagestan put "The provision on management of the Dagestan area of April 5, 1861" 2, approved as the tsar's deputy in the Caucasus general Baryatinsky. By this situation the chief from royal generals in whose hands all completeness of the power was concentrated was at the head of the Dagestan area. He was a top military commander as the commander of the case. On civil management it was equated in the rights to the governor general in the central provinces. In special situation the rights to use weapon against mountaineers, to betray them to military court and to send administratively were defined.

As a part of military departments districts headed by the chief from among the Russian officers were created. Feudal possession and khanates were also included together with districts in the list of military of departments. Khans operated subject territories on the basis of "the hansky right".

As we see, at the beginning of the 60th of the 19th century management of the Dagestan area was divided into military, hansky and civil. Military control was exercised in four districts, hansky - in five feudal possession and civil - in the Derbent gradonachalstvo and in the city Port - Pat-rovske. In two districts, management was mixed. Thus "Situation" of April 5, 1860 did not resolve up to the end an issue of creation of the same system of administrative division and management in Dagestane3.

In the 1860th the tsarist government made abrupt turn from traditional policy of strengthening of the hansky power to its elimination. When the Caucasus was finally subdued, the hansky power became an alien element in the Russian state. The important circumstance which accelerated elimination of the khanate was strengthening in the 1860th of the antikhansky country movement which accepted universal character. A face -

the vidation of the khanate was externally issued in the form of "voluntary" refusal of the rights. From 1858 to 1867 all khanates and feudal possession of Dagestan were liquidated.

In this article the main questions connected with preparation and adoption of "The provision on rural management" are considered taking into account its volume. It was called: "The project the provision on rural societies and public management, the state and public duties in the Dagestan area" 4 which was accepted on April 26, 1868. This "Provision" on rural management was made proceeding from the basic principles of formation of the country self-government created after cancellation in 1861 of the serfdom. The feature is that this "Situation" is final was approved not by the higher authority in Peterbur - ge, and the deputy of the tsar in the Caucasus grand duke Mikhail Nikolaevich. It occurred as a result the tsar allocated the deputy in the Caucasus with all completeness of the power up to the adoption of bills. Adoption of "The provision on rural management" was preceded by a variety of reasons. First with liquidation of the imamat of Shamil also the system of rural management in its former territory which was guided by laws of Sharia was liquidated. It was resulted by return to hundred - a swarm to a form of rural management on adats. Secondly, after elimination of feudal possession and khanates there was a need of creation of the administrative management system, uniform for all Dagestan.

By "Situation" of April 26, 1868 rural public management consisted of a village assembly (Jamia), the rural foreman, the rural qadi and rural court. The village assembly consisted of the full age inhabitants belonging to the structure of rural society and of all rural officials. Were allowed to participation in a descent only on one to the oldest

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to the family member, and in case of his impossibility to be present at a descent any of adult family members was obliged to be present. A village assembly had the right to convoke the foreman, naiba and other commanding persons as necessary and mainly on Friday. None of inhabitants had the right to call a descent without the consent of the foreman. The village assembly had the right to consider only the general questions concerning directly this society. Decisions of a village assembly were recognized as lawful only when at a descent there was a foreman or the replacing his face and not less than a half of members of a village assembly.

The rural foreman was responsible for an order in rural society. For these purposes it had assistants. Under control of the rural foreman there were all inhabitants of rural society except for people who are under direct supervision of the local chief, Beck and members of his family and persons who are of them in the service. The rural foreman was obliged to execute all orders of the administration and to announce to the people of the instruction and order of the administration. He had to monitor respect for public order and safety of the population and their property. Assistants to the foreman were obliged to carry out all orders of the foreman, and in case of his absence temporarily to carry out its duties. Also rural foreman had to monitor timely taxation and their delivery at the destination.

Commission of religious practices, observation of safety of the mosque and its property belonged to duties of the rural qadi. Also he was responsible for collecting donations in favor of the mosque. In addition, he watched the income arriving for use of property of the mosque and their expenditure for needs of the mosque. The qadi had to be present at a meeting of a village assembly, run written business of rural society and also keep order at schools at mosques. Rural

the qadi with the consent of a village assembly chose trustees for the deserted children and the mule monitored actions rural.

The rural court consisted of the rural qadi and persons elected by a village assembly for a period of three years. The court could not start business trial if at it there was no odd number of judges, and their number has to be not less than three judges. The rural court accepted all affairs on the civil suits and disputes which arose between inhabitants of rural society subordinated to it to trial. Also the court investigated affairs on statements of inhabitants of the next society on the person living in society subordinated to it according to debt obligations on annexation of territory if the claim did not exceed hundred rubles.

Authors of "Provision" on rural management in Dagestan were guided by desire to completely liquidate the mode set by Shamil i.e. instead of domination of Sharia to establish domination of adats, instead of the individual power of the qadi and mules - the power of the foreman, to raise his role as main figure of local body of rural management. It an obra - zy, authors of "Provision" wrote, adats and the rural management following from them serve us as a firm support in the secret fight for influence on the people against local Muslim clergy which is coming us for a long time still which cannot remain the major image, indifferent to the fact that its influence on the people from year to year weakens, from the fact that it lost the right to administer justice and raspravu5.

Under "Provision" on rural management of the Tiflissky province of October 13, 1864 which was borrowed for drawing up "Provision" on rural management in Dagestan the rural foremen and their assistants got out on a descent, in Dagestan the foremen and assistants chosen on a descent in the subsequent had to be approved by tsar's authorities. Authors of the project wrote that in view of bolsho-

go values of rural foremen in the Dagestan area "appointment would be premature and dangerous to provide them to the choice of mass of the population" 6.

Becky and persons who received officer ranks were left as a part of rural societies where they had settled life.

Due to the introduction of "Provision" on rural management the political power of the bek operating beksky manors was liquidated. However many officials of districts and naibstvo were appointed from bek therefore rural management up to carrying out peasant reform of 1913 was in hands of bek which continued to exploit peasants. The descent lost the value more and more. The clergy was only partially discharged of management, the qadi was a part of rural court and knew religious affairs. Authors of the project explain assumption of the qadi in the structure of rural management with unwillingness of the administration to create opposition to the government though one of problems of carrying out reform a mudflow -

sky management in Dagestan consisted in sharp weakening of influence of Muslim clergy in auls.

With introduction of "Situation" the rural administration of the North Caucasus for the first time received the uniform device and began to be regulated by uniform rules of law. The new system of administrative and judicial management was called "military and national". Though military and national justices - the leniye in Dagestan was entered as times - Nov an action, it remained before overthrow of a tsarism. Every time when there was a question of introduction civil justices - the line in Dagestan, the Caucasian administration found the different reasons to keep military and national management. In the report of the Caucasian deputy for 1863-1871 on civil management it is said: "As for the Dagestan area, meaning that in it there is a continuous mountain population, I would not find it possible to stop in it a temporary order of management" 7.

1 H. Hashayev - M. A social order of Dagestan in the 19th century of M., 1961. Page 55.
2 TsGVIA. T. 38. Op. 7. 379. L. 214.
3 History of Dagestan. M, 1968. T 2. Page 120. 4TsGARD. T. 126. Op. 1. 15. L. 1.
5 CGIA GRUZSSR. T. 545. 317. L. 39.
6 In the same place. L. 41.
7 In the same place. T. 416. Op. 3. 1055. L. 16.
Robert Powers
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