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Sense of justice of party apparatus of the Bashkir republic in the period of the New Economic Policy



UDK 94 (47+57)

SENSE OF JUSTICE of PARTY APPARATUS of the BASHKIR REPUBLIC

In the period of the New Economic Policy

© N.I. Bublichenko

Bashkir state university Russia, Republic of Bashkortostan, 450074 Ufa, Zacky Validi St., 32.

Ph. / fax: & #43;7 (347) 273 68 72.

E-mail: valefa@rambler.ru

Article is devoted to the analysis of specifics of thinking of the formed class of the party nomenclature in the sphere of legal relations during a New Economic Policy era in the conditions of the Bashkir autonomous republic.

The political history of the Soviet state traditionally was in the center of attention of considerable number of both the Russian, and foreign scientists. Nevertheless formation of the Soviet party nomenklatura in the 1920th years despite the publication of a number of works of the general character [1-4] and the monograph devoted to the Simbirsk organization RCP(b) in 1921-1923 [5] did not become a subject of a scrupulous research in scales of the whole country, not to mention activity of party officials of the period of the New Economic Policy of such large national region what the Bashkir autonomous republic was.

Rather often introduction of the New Economic Policy is considered as transition from "military communism" to the new economic relations while in parallel with this vital process there was a reorganization of the Soviet system, including consecutive carrying out codification of the legislation. Codes and the Labour Code were adopted Civil, Criminal, Land, Civil procedural, Criminal procedural. Certainly, the introduction in effect of the specified codes did not mean the approval of the principles of legality in practice of the Soviet power structures on places and in the center yet. Real execution of the accepted legislative rules restrained the negative attitude to the right characteristic of mentality of bulk of the population of Russia (the right, the law went from the state, were imposed by the state, and owing to this fact were torn away by the majority) [6, page 165]; denial of any legality and its substitution by the "revolutionary expediency" approved in days of revolution and Civil war; outright declaring of a number of standards of the Soviet legislation; introduction of extra legal criteria, and peculiar, that is "socialist" interpretation of protection of property rights of citizens of the country. Features of thinking of bosses of the state according to which the fact of existence of "dictatorship of Bolshevik party" [7] predetermined legal peculiarity of party apparatus affected.

Organizational bureau of RCP(b) of the Central Committee, in connection with obvious lack of regulation of relationship between party and

judicial investigating authorities, on March 31, 1921 creates the commission as a part of N.I. Bukharin, F.E. Dzerzhinsky, D.I. Kursky, V.M. Molotov for the purpose of development of the circular by which gubkoma and regional committees of party on places had to be guided at the solution of questions of involvement of party members to judicial responsibility. It agrees to the Central Committee approved by the Secretariat on May 3, 1921 to the decision, communists could be prosecuted only from the sanction of local party committees [8, l. 107]. Narkomyust's guide, having shown obvious discontent with current situation, the actual incompetence of party members, handled a protest in the Politburo that as a result induced personally V.I. Lenin to send on November 14 and 19, 1921 to the secretary of the Central Committee V.M. Molotov two notes in which the head of the government supported strengthening of judicial responsibility of communists [9, page 243].

The politburo, having introduced certain amendments, prepared the new circular obliging regional committees and a gubkoma to mean by January 4, 1922 that each party member who made all-civil offense is subject to trial of national court or a revtribunal (on jurisdiction of the case) in accordance with general practice. However the explanation lowered "from above" to investigative institutions obliged them not to apply arrests to members of RCP(b), using practice of the guarantee which was signed by not less than three members of RCP(b). It is characteristic that under this party circular there are signatures not only the secretary of the Central Committee V.M. Molotov, but also the people's commissar of justice D.I. Kursky and the chairman of the Supreme Tribunal N.V. Krylenko. Thereby the circular kind of gained the nature of the state document [10, page 31]. In the spring

1923 . The organizational bureau of the Central Committee defined a special order of attraction to judicial responsibility of secretaries of gubkom and regional committees: "judicial investigating authorities are obliged to direct materials to the Provincial prosecutor who... earlier, than to set business lawful in motion, it is obliged to direct materials and the conclusion to the Prosecutor of the Republic for coordination with the Central Committee" [11, l. 31].

Except retaliatory bodies of the state, in the party since fall of 1920 there were Control Commissions (CC) in which tasks

fight against manifestations of bureaucracy, careerism, abuses of the party members of the official position, against distribution dishonoring party of the rumors undermining unity of its ranks, etc. [12, page 194-195, 224, 226] On places as it was also in BASSR entered, Control commissions were included into staff of regional committees of RCP(b). At different times in KK Bashobkoma there were from three to five employees, including the investigator, and several candidates who were elected only at regional party conferences. In investigation of complex affairs of KK used the investigative device Narkomyusta then KK solved, whether to imprison the guilty communist on a dock, or not [13, page 21].

In 1924 in Bashrespublika there was a merge of Control Commissions and Workers' and Peasants' inspectorate. The same year at kantkoma and district committees of party the institute of Representatives of Control Commissions "for implementation of a direct and live connection of bodies of KK with local Communist Party organizations and wide mass of workers" was created [1, page 48]. KK number sharply increased, having reached by 1928 33 people from whom 5 staff employees of the Bashkir regional committee of the All-Union Communist Party (bolsheviks) and 15 representatives [14, l. 6]. Activity of the commission during 1922-1924 was expressed that during consideration of 1457 personal cases 394 reprimands were issued, 600 people excluded from party members, for alcoholism 329 people, are made for crimes on a position responsible - 327, for violations of party discipline - 371, for criminal offenses - 109, for other offenses - 585 [13, page 10].

The provided data demonstrate that nearly a quarter of members of the Bashkir Communist Party organization containing in 1923 5556 people, and in 1924 - 6002 members and candidates of party, came into the view of Control commission [15, page 21]. The facts speaking about existence of immunity from prosecutions which extended to party heads, first of all, of the highest rank admitted also the chairman of the Ufa gubispolkom I.S. Chernyadyev who only as censure noted existence of established practices when "one of district committees is arrested by the Politburo [that is GPU at People's Commissariat for Internal Affairs]. The corpus delicti was available and still these criminals were let out and Gubk was silent, without wishing to drop prestige" [16, l. 13 about.].

In the most party environment understood clearly that ranking officers, especially regional scale, are in "privileged position", with them "nyanchatsya" in KK and that "responsible companions abuse excesses and they perfectly cover these excesses with a monetary subsidy" [13, page 12, 20, 27], that is borrow means from the state treasury. Also one of members of KK held the similar opinion

Titov, recognizing that it is very difficult to fight against "abnormalities" of the leading party workers in view of "softness and insufficiency of repressions" in fight against party violations [13, page 25]. In general in the party environment the idea not to wash the dirty linen in public as "KK... not quite got stronger... dominated, and in judicial authorities there are a lot of non-parties. It means. to rely entirely on court, and in relation to the party to do nothing. First of all, KK to court is necessary to investigate business" [13, page 21].

Members of Control commission spent a lot of time for trial of "amoral behavior", that is put polygamists Party members that led sometimes to mass exceptions of party on places. So, after "cleaning" in the Tamyan-Kataysky canton from 180 Party members Tatar - the Bashkir in the organization remained only to 28. The main reason for exile from party, except polygamy, execution of religious practices. In a number of performances (Sh.A. Hudayberdina - the member of BashTsIKa and the People's commissar of internal affairs and others) the appeal to the fact that "in the national republic it is necessary to approach such things differently" sounded. The responsible secretary of KK also made common cause with such assessment: "We have a number of instructions from the Central Committee and CKK that approach to party companions-natsionalam has to be very careful. if it is necessary to apply repressions, but it is easier. KK asks you on places very carefully to approach natsionala, to study a question when business concerns ethnic minorities, in particular insufficiently more deeply accustomed with party ethics" [13, page 15, 28].

Widespread practice of legal nihilism in actions of provincial heads was recognized in January, 1922 by the responsible secretary of the Ufa gubkom of party V.D. Kovshov: "There were currents specifying that measures cannot be taken at the these severe conditions, proceeding from reasons that then everyone needs to be prosecuted. And, above all, heads will not receive for such crime of the corresponding penalty" [17, l. 3-4].

Not only understanding of own impunity the high-ranking workers were guided. Sometimes the legal illiteracy was behind it. The responsible secretary of Bashob-koma B.N. Nimvitsky on the Plenum of Regional committee noted on December 9, 1922: "Even otvetrabotnik do not know the provision on land use and other major laws" [18, l. 10].

Low level of legal literacy was characteristic also of the Party members appointed to the leading posts in law enforcement authorities. They, as a rule, had no not only special legal, but also higher education. The turn to the New Economic Policy designated need of revision of the status and powers of Cheka and its transformation into Political department of People's Commissariat for Internal Affairs, strengthening of criminal investigation department, replacement of nonparty heads silo-

vy structures Party members. For providing the solution of these tasks Ufa to sponges in March, 1922 approved opening of special legal courses "for the purpose of development of communists as lawyers" [19, l. 1]. But also during the final period of the New Economic Policy as shows the analysis of lists of the nomenclature of the Bashkir regional committee of party on the sudebnokaratelny industry, in the field of educational qualification the situation did not change. Basic education, starting with the Prosecutor, the People's commissar of justice of Bash-respubliki, judges authorized by GPU and, finishing volost investigators, remained within average and the lowest. The nomenclature of the judicial and retaliatory industry of the Belebey cantonal committee of the All-Union Communist Party (bolsheviks) included 26 workers in 1928. From them 2 had an average, and the others - the elementary education [14, l. 30-31]. The nomenclature of the Sterlitamak kantkom totaled also 26 employees, from them only 5 had secondary education, the others - the lowest [14, l. 13-14]. Workers of republican scale had mainly average educational qualification, cantonal and volost - the lowest. All of them, as a rule, got additional professional education on special legal courses of various duration in Moscow, Saratov, Ufa and other centers [14, l. 28].

The problem to adapt for needs of the New Economic Policy and to reorganize the system of local management, justice and to create institute of prosecutor's office was at the same time solved. Organizational issues, including selection of candidates for the prosecutor's post Bashrespub-sided, were solved Bashobkom's guide of party. The resolution on appointment of comrade of D.Z. Galya Bash-prokurorom and Narkomat's head of justice (according to Bashobkom's proposal) was accepted at a meeting of Organizational bureau of the Central Committee of RCP(b) on November 23, 1923 [11, l. 109]. As the head of the specified departments of comrade Ghali was a part of members of BashTsIKa [20, l. 268]. Bashobkom had great opportunities for impact on prosecutor's office, in fact he possessed function of supervision of it. According to circulars of the Central Committee, the secretary of regional committee in the closed letters had to report about actions of regional prosecutor's office regularly. Influence of Communist Party committee in the system of local judicial authorities was considerable. First of all, it defined their personnel.

At the same time the relation of ruling party to judicial authorities which according to the representations which developed then in RCP(b) were considered as a remnant of bourgeois statehood is indicative. As the confidential letter of the responsible secretary of the Belebey kantkom of party in Bashobky in November, 1922 testified, workers of justice earn too low salary. For example, the chairman of a special session of court by the 15th category receives 4644 rub, the judge, the investigator (by the same category) - 4334 rub, and the court secretary as much receives (on the 9th

to the category) - 1944 rub. T aky rates were established according to "Bashotdel's relations of finance of November 15, 1922" [21, l. 291].

It is possible to compare salaries of party otvetrabotnik and narsudy. So, according to the resolution Bashsovnarkoma of September 29, 1922 the rate of a partrabotnik of the 15th category was 11696 rub, plus 40% of "raise", total - 16374 rub. Thus, the judge with a rate of the same category earned a salary 3.5 times lower [22, l. 4]. Belebey a kantok petitions for increase in a salary to workers of justice as otherwise, "when they are not provided in the material relation", "also "the big address of attention of a narsudyama to the economy and ignoring of work on the direct appointment" [21, l are possible bribery". 291].

As the eloquent certificate of extra legal decisions "Mark Zaikin's business" can serve in the labor dispute and an example of the new developing relations both in party, and between ranking officers and "specialists" (the qualified specialists involved to cooperation by the Soviet power). At the beginning

1924 it caused a big resonance as reached the Center. The chief of the Head Resort department of the USSR comrade Semashko was involved in his trial.

Workers of the Shafranovsky kumysolechebnitsa of the Belebey canton, or as she was called then, the Shafranovsky Regional Management of a Kumysolecheniye (SRMK) became participants of the conflict. In January, 1924 the director of SRUK doctor Maximov and three leading experts were arrested. Charge according to Article 109 of the Criminal code of RSFSR "discredit of the Soviet power" on the basis of the statement was brought to them of M. Zaikin's GPU. It also worked in SRUK as the manager of a trade part, but passed under a signature stamp of "ranking officer" as was a Party member since 1905. During the investigation charge was not confirmed, and 9 days of detainees later released. But activity of a kumysolechebnitsa was disorganized [23, l. 31-32]. Doctor Maximov, having been authorized Narkomzdrava, addressed to the body which appointed it. Followed from his explanations that in connection with transition of a kumysolechebnitsa to self-financing, there was a reduction of a position of the manager of a trade part which was held by M. Zaikin1, "as trade operations, in strict sense of this word, in management it was not made" [23, l. 39]. His letter to GPU was the reciprocal course of the fired M. Zaikin.

The inspector of the Head resort department N.G. Yakovlev to whom business was entrusted in the letter in Bashobky asks to understand its circumstances and to provide normal operating conditions of a clinic. The order of the chief of Glavkurortupravleniye Semashko about snya-enclosed to the letter

Tia from positions of the director Maximov and M. Darlings kina [23, l. 27].

The secretary of a cell of RCP(b) of the Shafranovo A. Timonin station characterized the main participants of the conflict as follows: doctor Maximov "always met halfway and moves towards life, the existing order of the USSR. To Kulturnoprosvetitelny and school business has sympathy... The character is purely human." He reports about the party member M. Zaikin: "Within two years of t. Zaikin did not prove anything, both in party, and in public life. He is semiliterate, not developed and malosposoben to something active..." But it has close relationship in Bashrespubliki's CEC and as the author believes, it "will always have support" [23, l. 29]. Additional strokes to a portrait of an otvetrabotnik came to light at a meeting of "specialists" SHRUKA: M. Zaikin "brings contention on Wednesday even the party companions". About him the circle of workers, according to its recommendation of accepted was formed. One of them is involved now with GPU in judicial investigation on a charge of sale of state property. Experts of a clinic believe that new appointment of Zaikin (manager of a hozyaystvennoexpluatatsionny part), "without reckoning with abilities of this person, apparently, should not take place" [23, l. 34]. They noted his roughness in the attitude towards other employees, in particular, he threatens with a revolver when its requirements are not fulfilled. Experts consider that Zaikin "misled local government purely from personal interests, in fight for well paid place" [23, l. 33].

The course of a meeting and the resolution of party cell of the Shafranovo station give on March 5, 1924 an idea of how new rules of dictatorship of party otvetrabotnik were put into practice. Chairman V.D. Bashprofsoveta conducted a meeting. Darlings-kin2. Probably, the secretary of party cell A. Timonin who was present there together with four other members of a cell and the inspector of Glavkurortupravleniye N.G. Yakovlev meant their relationship. The resolution proceeded from the order of the chief of Glavkurortupravleniye on removal from the positions and Maximov and Zaikin. It said: "To consider the relations between doctor Maximov and t. Zaikin abnormal". Actions are the reasons of it from Maximov, "its inconsistency with local party and trade-union bodies during the assigning and dismissal of ranking officers of management". M. Zaikin's actions are characterized as "not tactical and inept approach to use of t. Zaikin specialists, as a result created the unhealthy atmosphere in work of management". Addition which was made by the chairman said that "the abnormal relations were as a result of transfer of the party member for use to the non-party specialist at the time of abolition of institute

politkom and in further reductions and movements... The group of the highly skilled specialists ideologically alien to working class gave a protest reason from M. Zaikin and the return replacement from the director Maximov that created the unhealthy atmosphere". Finished the addition made by V.D. Zaikin the proposal which became defining for official career of M. Zaikin: "Mark Zaikin worked, but to a measure of the forces both the ability, and any ideological biases from a partliniya was not observed" [23, l. 28].

The business trial result, at first sight, kind of counterbalanced participants of the conflict: authorized NKZ on Shafranovsky district of Maximov to dismiss the director and to appoint (considering his high qualification) "the manager of a medical and sanitary part of the same area". But to the order of comrade Semashko also to discharge M. Zaikin of a position and to second to the Ufa Gubkom's order [23, l. 30]. But the chairman of BashTsIKa H.K. Kushayev interfered with the fate of an otvetrabotnik. At its request to Zaikin found the new place: he was appointed "the manager of economic and operational department of SRUK with a salary in 60 rub of gold" [23, l. 39] (an average rate of an otvetrabotnik according to the decision Bashprofsoveta then was 62 rub gold) [24, l. 8].

Thus, the mechanism of nomenclature staff recruitment worked. The incompetent worker, semiliterate, not having professional education, deprived of qualities of the head and rather disorganizing work of establishment, than promoting its success, nevertheless, kept a position of an otvetrabotnik and the salary relying volume. In it played a role not only his relationship with the high-ranking head Bashrespubliki and protection of another, not less influential. Also other factor worked. Mark Zaikin was among so-called "podpolnik", i.e. the persons which had a pre-revolutionary party experience whom in the Bashkir Communist Party organization in 1923 there were about 3% [25, l. 12]. They, according to the confidential circular letter of the Central Committee of January 9, 1923, "should have been registered as workers of provincial scale" [26, l. 23 about.].

They already gained party immunities, legal and administrative. M. Zaikin was not made responsible neither for slander, nor for threat of punishment of other workers. Its ideological and political reliability was the defining factor. For such people as Zaikin, the political full rights admitted while that was withdrawn from non-parties. Effect of new rules was suffered by non-party "specialists". Doctor Maximov, both highly professional and valuable for society, demoted for the fact that could not catch "features of a present situation" also entered the conflict with an otvetrabotnik, and other "specialists", you -

the directors going in own protection and supported. At a meeting of party cell "political physiognomies" underwent their discussion. All of them received characteristics "anti-Soviet" and not corresponding to the appointment [23, l. 28]. It is indicative also that trial was not guided neither by the new Labour Code, nor by other acts. The meeting conducted by experienced bureaucrat V.D. Zaikin issues the necessary decree: "In view of features of the Shafranovsky district which is in the center of country people and absence in device SHRUKA of party forces to ask the Head of GKU [chief of the Head resort department] and Bashobk about appointment in SRUK of a number of ranking party workers. Besides, for future time to coordinate the shift and appointment of ranking officers with Bashobkom and Bash-professional council" [23, l. 28].

This decision went in line with the personnel policy of the structure of the nomenclature system which is carried out by the management of Bolshevik Party. In lists of the nomenclature of the Belebey kantkom of the All-Union Communist Party (bolsheviks) of 1928 names of new heads of the Shafranovsky kumysolechebnitsa appear. It is indicative that the position of the director of the Shafranovsky resort is taken up by the Party member with 1918 A.M. Grushko, the worker on a social origin having the elementary education. The position of the political director SHRUKA is held by I.K. Dashkin, the party member since 1919, from peasants, also having lowest educational qualification [14, l. 16, 20].

The nomenclature system already functioned, as well as privileges immanently inherent in her members and the privileges granting them privileges and release from performance of the established laws and rules.

So, some liberalization of the Soviet law-enforcement system happening at the time of the New Economic Policy was compensated by strengthening of control of local law enforcement agencies from party apparatus. Position of ruling party gave rise at its leading layer of idea of own legal peculiarity and permissiveness. Distribution of legal nihilism was promoted to some extent by the new Soviet legislation and resolutions of the supreme party bodies. In a considerable measure the legal nihilism was fed legal illiterate

Stew of the leading Party members, including in law enforcement agencies.

1 Earlier M. Zaikin was accepted "to a political lump position, but as on March 1, 1923 it was abolished, it is left in quality the manager. trade part" [23, l. 27].
2 Zaikin was born EL (1892-1932) in the settlement of Minyar, the party member since 1911, working the Minyarsky plant and the Omsk railroad. There passed the way from the chairman of executive committee of Minyarsky Council of working deputies (1917-1918) to the chairman of the Ufa, and then Bashkir regional council of labor unions. [27, page 687-688; 28, l. 4].

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Came to edition of 31.03.2009. After completion — 26.05.2009

Jimmy Jones
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