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The legal analysis of the Kurekchaysky contract of 1805 between Ibrahim khan Karabakhskim and the contracts of 1813 (Gyulistansky), 1828 (Turkmenchaysky) signed between the Russian Empire and Persia



s. S. Guseynov

The LEGAL ANALYSIS of the KUREKCHAYSKY CONTRACT of 1805 BETWEEN IBRAHIM-HANG KARABAKHSKIM AND the CONTRACTS of 1813 (Gyulistansky), 1828 (Turkmenchaysky) SIGNED BETWEEN the RUSSIAN EMPIRE AND PERSIA

Work is presented by department of the theory of the right and law-enforcement activity of the St. Petersburg university of labor unions.

The research supervisor - Candidate of Law Sciences, the candidate of pedagogical sciences,

associate professor Z.N. Kalandarishvili

In article the author in historical and legal aspect states legal and politological analyses of the major three contracts of the first quarter of the 19th century in respect of relationship of the Russian Empire and public entities of the region of Northern Azerbaijan. These three contracts described in article became key standard and legal sources gosudarstven-

but - legal life of Northern Azerbaijan throughout almost more than century history before emergence in 1918 of the independent bourgeois Azerbaijani state.

S. Guseynov

LEGAL ANALYSIS OF THE KUREKCHAY TREATY OF 1805,

THE GULISTAN TREATY OF 1813 AND THE TURKMENCHAY TREATY OF 1828 BETWEEN THE RUSSIAN EMPIRE AND PERSIA

The author of the article carries out a legal and political analysis of three most important treaties between the Russian Empire and state formations of Northern Azerbaijan of the first quarter of the 19th century. These three treaties became key regulatory sources of state legal life of Northern Azerbaijan for more than half a century until 1918 when the Azerbaijan Democratic Republic was founded.

It should be noted at once that the interest of the Russian Empire in the Caucasus was old as economic, cultural and political connections had sufficient historical tradition.

In the first decade of the 19th century the attention of Russia to the Caucasus was considerably focused that was defined by a complex of geopolitical, economic and international factors.

Undoubtedly, the Russian Empire understood importance of the Caucasus as strategic base for carrying out the east policy. Expansion and consolidation of possession in the Caucasus gave the chance of establishment of stable borders, acquisitions of new sales markets and receiving sources of raw materials. In government circles of the Russian Empire realized the economic importance of operation of the Caucasus, considering that here trade ways from Europe to the Middle East lay that could make big profit for treasury [2, page 22].

All first half of the 19th century for Russia was connected with wars. During this period also the pro-Russian oriyenta-continued to grow

a tion of a number of the Caucasian people tired of civil strifes and attacks from Ottoman Turkey and shah Persia. The war which began in 1804 with Iran promoted accession to Russia of the main part of the region of Northern Azerbaijan (Gand-zhinssky, Shaki, Shirvan, Karabakh, Derbent, Cuban and Baku khanates). In relationship of Russia and the Azerbaijani people the contract signed on May 14, 1805 on the river bank Kurekchay had importance. On behalf of the Russian Empire it was signed by the Georgian by origin the general from an infakteriya P.D. Tsitsia-nov, and on behalf of the Karabakh khanate - Ibrahim is a khan.

This contract laid the foundation for legal registration of process of accession of all region of Northern Azerbaijan to the Russian Empire. It is called still the Ku-rekchaysky treatise. This contract consisted of 11 articles, or articles. Each of them is of great interest because discloses the motives which induced the Karabakh khan Ibrahim to accession to Russia and also submits the obligation which the khan undertook. The first and main motive for -

it klyuchatsya that Ibrahim khan asked protection of the Karabakh and Shaki khanates against Persia and Turkey from the Russian emperor. This guarantor in the Caucasus was the commander of royal troops in this region the general from an infanteriya Pavel Tsitsianov. Therefore, according to the Kurekchay-sky contract Ibrahim khan transferred the khanate under protection of the Russian troops which were in the Caucasus and first of all in Tiflis.

That circumstance which was defined in the treatise - the money deposited in treasury of its Imperial Majesty deserves special attention. They were 8000 chervonets a year and was paid twice on 4000 red [1, page 105].

It should be noted especially that the top military commander in the Caucasus the general P. Qi-tsianov attached particular importance to signing of the Kurekchaysky contract. In the official reports addressed to the Russian emperor he insisted on manifestation of special attention to the Karabakh khanate, understanding its important geographical and military-political value in the Caucasus.

The Russian Emperor Alexander I gave Ibrahim khan the rank of the lieutenant general of the Russian army. However during war of 1806 with approach of the Iranian troops the major Lisenevich suspected the khan of treachery and executed all his family, except for the eldest son of Mekhdigulu-hana which the royal decree was appointed subsequently the receiver and the head of the Karabakh khanate.

In October, 1806 the Russian troops under command of the general I.I. Michelson occupied Moldova and Walachia, in 1807 D.M. Senyavin's squadron crushed the Ottoman fleet, but then derivation of the main forces for participation in the anti-Napoleonic coalition did not allow the Russian troops to develop the success. Only when in 1811 M.I. Kutuzov was appointed the commander of the Danube army, military operations took absolutely other turn. Kutuzov concentrated the main forces at fortress Rushchuk where he put on June 22, 1811 to Ottoman army shattering on -

razheniye. Then consecutive blows Kutuzov crushed in parts the main forces of Ottomans on the left bank of Danube; the remains laid down them arms and were given in captivity. On May 28

1812 Mr. Kutuzov in Bucharest signed the peace treaty under which to Russia the Moldova which received then the status of the Bessarabia region departed. Serbia stirred to action for independence in 1804 and supported by Russia it was granted autonomy. To Russia the part of the Black Sea coast with the city of Sukhumi also departed.

In the same time the war between Russia and Iran for the Azerbaijani khanates continued and it ended with accession in

1813 go. to Russia of the Talysh khanate and Mu-Ghanaian steppe [5, page 208].

On October 24, 1813 Iran was forced to recognize the defeat and to sign the Gyuli-stansky world. Adopted this peace treaty beyond Russia these Azerbaijani territories and granted it the right to hold the warships on the Caspian Sea.

In the natural boundary Gyulistan at the Zeyne River signed the treatise, from the Russian side on behalf of Imperator the commander-in-chief of the Russian troops participated in Georgia and in the Caucasus the lieutenant general Nikolay Rtishchev, and from Persidsky the shah - his closest official, the adviser of secret affairs, the khan of the second class at Persidsky the yard - Mirza-Adbul-Hassan-Khan. In this major international legal document having exclusive value for Russia and Persia in issues of relationship in the Caucasus and the more so Northern there are 11 articles. The second contains obligations of the parties, and first of all peace-making on the basis of status quo ad present i.e. that each party remained at possession of those lands, khanates and possession what nowadays are in their perfect power [5, page 209].

Provisions of the parties, i.e. borders of the states, strictly were defined in this article [5, page 209].

Feature of the section of borders of those territories where military operations are not finished yet, final divisions of the description it will be carried out by Commissioners both

High Powers on ratification of this treatise. Persidsky the shah on its own behalf and also for High receivers of Persidsky a throne recognized prinadlezhy khanates in the property of the Russian Empire: Ka-rabaksky and Ganzhinsky, turned into the province under the name Elisavetinopol; also khanates: Shaki, Shirvan, Derbent, Cuban, Baku and Taly-shensky with those lands of this khanate which nowadays consist in the power of the Russian Empire. Thus all Dagestan, Georgia with Shuregel-skoyu provintsiyeyu, Imereti, Guria, Mingrelia and Abkhazia, similarly all possession and lands which are between a postavlenna nowadays border and Caucasian tenches - it, with prikosnovenny to this to the last and the Caspian Sea lands and the people [5, page 210].

In the treatise it was indicated the right of the parties concerning sticking of vessels to coast of the Caspian Sea, rendering the friendly help at ship-wreck. Here it was emphasized that on the Caspian Sea only one Russia from foreign powers had the right to have the military fleet. The important place in the document was given to trade relations, mutual respect to merchants of both states. For the people of Azerbaijan this contract gave hope for peaceful life, for support by its Russia, that this shattered country will manage to escape from backwardness and humiliation. Really, the territory of the region of Northern Azerbaijan before occurrence it in structure of Russia represented conglomerate of the feudal khanates which were constantly at enmity among themselves. To continuous robbery the population of Azerbaijan was subjected by the Iranian predators as all khanates of Northern Azerbaijan were in vassal dependence on Iran. In Azerbaijan the patriarchal and feudal relations dominated. The Supreme owner of lands was the khan who provided to local feudal lords for the period of execution of service by them to the khan grounds with the right of collection from the population of a feudal rent products of at the rate from one tenth to one fifth of a harvest. Krest-

Yana nomads rendered tribute to feudal lords a certain part of the cattle. There was also private land tenure (myulk), acquired on salaries or purchase, and church lands (waqf).

Undoubtedly, accession of Azerbaijan to Russia put an end to feudal fragmentation and infinite civil strife. The slavery remains were liquidated. Safety of edge from external attacks was ensured. Strengthening of communication of Northern Azerbaijan with Russia created favorable conditions for development of its economy and culture.

The obstacles of the Black Sea trade of Russia repaired since 1822 by Porta became a push to introduction of a reduced 5 percent rate on the Transcaucasian transit. Then the value of an overland trade way through Transcaucasia to the countries of the Middle East rose. During the Turkish Persian war (18211823) when traditional ways of the British trade from India to Europe were blocked, the role of the Russian-Persian trade increased [5, page 208].

It is important to note that at the solution of "east question" the Caucasus was considered by Russia, and first of all her emperors and Alexander I, and Nicholas I, first of all as a raw-material producing appendage of Russia and as a stronghold for implementation of its strategic tasks. This thought was very distinctly expressed by the Minister of Finance E.F. Kankrin. In 1827 he wrote down: "Not without justification the Transcaucasian provinces can be called ours koloniyeyu which has to bring to the state very important benefits works of the southern climates". N.I. Pavlenko, V.B. Kobrin, V.A. Fedorov in the research specify date of signing of the Gyuli-stansky contract on October 24, 1813, but not on October 12.

Penetrating into an economic benefit of the Russian-Persian trade a little, the tsarist government from the very beginning of east crisis took a course into charge of the stable, peace relations with Persia and made all efforts for prevention of the conflict. But this counter understanding was not observed

from the Persian side. Here in ruling circles the English influence continued to amplify that was distinctly shown after the Erzerumsky world of 1823 which ended the Turkish Persian war. The dignitary of Sa-lega-Mirza sent by the shah in 1822 to London got material support from the British office, the help in development of conditions of the peace Erzerumsky treaty [5, page 209].

In September, 1829 the Adrianople peace treaty was signed. Under this contract to Russia passed considerable territories of the Black Sea coast of the Caucasus and a part of the Armenian areas belonging to Turkey. During the same period Iran was preparing for war against Russia, and in it he was actively supported by England. Iran expected to return the fighting the lands lost by it on the Gyulistansky world of 1813 and to restore the influence in Transcaucasia. In 1826 the Iranian army intruded in Karabakh. The Iranian commander-in-chief chose the Tiflissky direction, intending to finish with one blow the Russian dominion in Transcaucasia. However the Russian troops with assistance of the Armenian and Georgian voluntary groups in 1827 took the fortress of Erivan (Yerevan), and then the southern Azerbaijan and Tavriz. Defeat of Iran became obvious, the Turkmanchaysky peace treaty was signed on February 10, 1828 [5, page 209].

The Russian delegation was headed by Ivan Fedorovich Paskevich. The big role at negotiations was played by A.S. Griboyedov appointed in the fall the official representative of the Russian government. These negotiations continued since the end of November, 1827 till February, 1828 when Persia was forced to sign the peace treaty with Russia. On it Eriven and Nakhchivan were a part of Russia. In 1828 the Armenian area was formed that laid the foundation for association of the Armenian people.

Unlike the Gyulistansky treatise the new contract had more certain legal character and the parties which imprisoned him expressed confidence in long duration in the mutual obligations

effects of its provisions. So, it was already specified in a preamble: "Its Imperial Majesty, All the pro-lightest Derzhavney-shy, the Great Sovereign Imperator and the Autocrat Vserossiysky and his Majesty the Padishah Persidsky, equally movable by sincere desire to put an end to harmful consequences of the war absolutely opposite to their mutual intentions and to restore on the firm basis the former intercourses of the kind neighbourhood and friendship between both States peace restoration which in itself concluding the guarantee of the durability, averted any reason for disagreement and misunderstanding for predbudushchy time..." [5, page 210].

Authorized for signing of the contract on behalf of Russia by the emperor Nicholas I were claimed: Commander of the Certain Caucasian building general aide-de-camp Ivan Fedorovich Paskevich and Valid Councillor of state Alexander Obrezkov. From the Persian side the Shah Persidsky authorized prince Abassa-Mirzu. The first article of the contract stated: "From now on for ever the world, friendship and perfect consent between its Majesty by Imperator by the All-Russian and his Majesty by the Shah Persidsky, their successors and successors of thrones, their Powers and mutual citizens will be" [3, page 427].

It was specified in Article 3 that the shah Persidsky on its own behalf and on behalf of the successors and successors ceded in the property of the Russian Empire the khanate of Erivan-skoye on this and on other side of Araks and the khanate Nakhchivan and undertook to transfer to Russia all archives and public documents relating before management of both transferred khanates [4, page 36-44].

Article 4 of the Treatise established borders between both states. Here feature of delimitation were mountains and the rivers where it was necessary to consider the trade and trade interests of the parties.

Article 8 confirmed the right to the Russian merchant courts as well as it is free to float across the Caspian Sea earlier and to stick to its coast. In a case korablekru-

a sheniye Persia assisted them. Also was confirmed that only Russia could have warships on the Caspian Sea.

Considering that between Russia and Persia long wars as a result of which died, the considerable number of soldiers is wounded and taken prisoner were waged, in the treatise it was emphasized about release and return within four months of all prisoners, and the supplied necessary vital supplies and if any citizens who were taken prisoner are not returned in the specified time, the parties are obliged to understand and return. However concerning those citizens who were taken prisoner as retaps and deserters and turned contracting parties into citizenship of other country, delivery will not demand.

It should be noted that along with signing of the Turkmenchaysky treatise also other document - the Special act "About trade" was signed on February 10, 1828. Its value was that it submitted legal safeguards to the citizens of the parties having the legalized passports for implementation of trade on all space of Persidsky the state and Russia. They could exchange goods and to sell them. In the Special act it was emphasized that "the contracts made by mutual citizens on their trade affairs, the bill, guarantees and other written acts have to be written down at the Russian Consul and Gakim (Civil Judge) and where there is no consul, at one Gakim that in case of a dispute between both parties it was possible to make the necessary explanations for the fair decision. If one of two parties, being not supplied with documents written and attested... and forced to be valid in any judicial place, will begin the claim on another, and will not produce other evidence

except witnesses, that claim should not be allowed if the defendant himself recognizes it laws..." [2, page 216].

In this act it was indicated also duty collecting from the goods manufactured in Persia and brought or which are taken out from Russia, duties were collected in the sum of 5% from hundred, and once and forever when importing or exporting those goods which are already levied duty and other duty cannot be assessed [5, page 214].

This act was important for Russia because it set high customs regulations, the Turkmenchaysky contract determined the amount of contribution which Persia had to pay. It made 10 kurur of fogs, or 20 million rubles silver. Completion of accession of Northern Azerbaijan to the Russian Empire became one of the main achievements of the Turkmenchay-sky contract for Russia. The end of war with Persia allowed the Russian diplomacy to intensify diplomatic preparation for war with Turkey. Thus, long process of accession to Russia of the main territory of Transcaucasia, formation of borders directly with Turkey and Persia was completed though separate attempts to revision of a new geopolitical situation from the European countries, Persia and Turkey did not disappear.

Thus, all XVIII - the beginning of the 19th century for Russia were exclusively difficult, and as confirmation to it serve the considerable series of wars for strengthening of the borders and their expansion, especially in the east. Joining of the Transcaucasian people, and first of all Azerbaijani, allowed Russia to strengthen the situation and to have beneficial influence on many internal state and political and legal processes happening in Georgia and Northern Azerbaijan.

LIST OF REFERENCES

1. The acts collected by the Caucasian Arkheografichesky commission. T. II. Tiflis, 1868.
2. History of foreign policy of Russia. The first half of the 19th century. M, 1999.
3. A review of the Russian possession beyond the Caucasus. Part I. SPb., 1836. 12 pages
4. M.K. Rozhkova. Economic policy of the tsarist government on the Middle East in the second quarter of the 19th century and the Russian bourgeoisie. M, 1949. Page 36-44.
5. T.P. Yuzefovich. Contracts of Russia with the East. Political and trade. SPb., 1869.

of REFERENCES

1. Akty, sobrannye Kavkazskoy Arkheograficheskoy komissiyey. T. II. Tiflis, 1868.
2. Istoriya vneshney politiki Rossii. Pervaya polovina XIX veka. M., 1999.
3. Obozreniye rossiyskikh vladeniy za Kavkazom. Ch. I. SPb., 1836. 12 s.
4. Rozhkova M. K. Ekonomicheskaya politika tsarskogo pravitel&stva na Srednem Vostoke vo vtoroy chetverti XIX veka i russkaya burzhuaziya. M., 1949. S. 36-44.
5. Yuzefovich T. P. Dogovory Rossii s Vostokom. Politicheskiye i torgovye. SPb., 1869.
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