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Guardianship and guardianship in the Buryat society at the XIX beginning of the 20th Centuries.



butit ZhALSANOVA

GUARDIANSHIP AND GUARDIANSHIP IN the BURYAT SOCIETY In XIX - the BEGINNING of the 20th centuries

Article is devoted to a problem of studying a system of guardianship and guardianship in the Buryat society in XIX - the beginning of the 20th century and activity of local governments in this direction.

The article is devoted to the problems of the trusteeship system in the Buryat society in the 19th - beginning of 20th century and the activity of self-government authorities in this direction.

guardianship, guardianship, local government, Buryat society, common law; trusteeship, local self-government, Buryat society, usual right.

ZhALSANOVA

Tsydjtmunkuyevna — to. and. N, deputy director of National archive of the Republic of Buryatia, Ulan-Ude kuraslv@yandex.ru

Guardianship and guardianship represent the supervision of any face or its property authorized by the law. Guardianship is an institute of civil and family law, a way of completion of capacity and protection of personal and property rights and the interests of minor and incapacitated persons. Guardianship is established over minors aged from 14 up to 18 years and also over the citizens limited in deesposobnosti1. The reason for establishment of such supervision at all variety of separate details in effect came down to total or partial absence at sponsored legal or economic capacity. The last could arise for various reasons: a minority of the person, its unwillingness or inability to run economic business (in case of an old age, madness, crime commission, etc.).

Interest in studying history of guardianship and guardianship in the Buryat society in XIX — the beginning of the 20th centuries is dictated, on the one hand, by not study of a subject in national history, with another — realities of today's life: emergence in our society of a large number of incomplete families, the orphan children needing guardianship and guardianship. Knowledge of past historical experience would give the chance of its use by local governments in the work.

In the Buryat society the system of guardianship and guardianship always had very wide circulation and was regulated by norms of common law. The common law is understood "as set of unwritten rules of conduct (customs) which developed in society as a result of their numerous traditional application and authorized by the government" 2.

Since accession of Buryatia to Russia the influence of the Russian legislation gradually amplifies. "The instruction to boundary dozorshchik" to Firsov and Mikhalev of the count S.L. Raguzinsky of 1728 withdrew from maintaining the foreign authorities so-called "criminal affairs". The charter of 1822 in this regard did not make significant changes, and according to it "wandering cope under steppe laws and customs, each tribe peculiar", "in only criminal crimes wandering have legal proceedings in Offices and on the general State establishments" 3. These two to -

1 The legal encyclopedic dictionary / under the general editorship of V.E. Krutsky. — M, 2001, page 262, 293.
2 The big legal dictionary / under the editorship of A.Ya. Sukharev, etc. — M., 1999, page 439.
3 PSZRI. T. XXXVIII, 1 meeting. - SPb., 1830, Article 29126, page 396.

the kument authorized written law the Buryat, giving it the form of "steppe laws". After adoption of the Charter the long process of codification of norms of common law the Buryat who poured out in a legislative monument - "The set of steppe laws of nomadic foreigners of Eastern Siberia" begins. It did not receive approval of supreme authority, but "steppe laws" were mentioned in a number of the laws touching on issues of management in Siberia and considered, though not always, public institutions at the solution of cases of the rights of foreigners.

Valuable sources for studying history of guardianship and guardianship in the Buryat society are archival documents of National archive of the Republic of Buryatia. The case of documents consists of 43 funds containing data on administrative, economic and economic, judicial activity of steppe thoughts, foreign justices and patrimonial managements. Chronologically funds of the Buryat local governments of the Transbaikal region and Irkutsk province cover the period from 1822 to 1917. It statements, applications on establishment or removal of guardianship and guardianship, the inventory of personal and real estate, public certificates of existence of property, public censures on the establishment of guardianship and guardianship, check of a condition of property sponsored, etc.

In the Buryat society of the considered period the man - the head of the family disposed of all property. On norms of common law he was an absolute master of all personal and real estate of family and could dispose of it individually. Restrictions on hand with property extended to the woman: "It is allowed to nobody without the knowledge of her husband to do business the married woman, to give it and to take from it loans" 1. In modern categories the legal status of the Buryat woman of that time can be defined as "special disability" when her husband acts as the trustee of the married woman. In case of the death of the owner and absence of adult men in family the widow and juvenile children began to experience difficulties in housekeeping, connected, before

1 Common law of horinsky is drilled: monuments to the old Mongolian writing / lane with mong. — Novosibirsk: Science, 1992, page 71.

everything, with their legal restrictions for the order with property. In that case cares of preservation and enhancement of property of juvenile successors to their majority were undertaken by trustees and trustees who were appointed by tutorship and guardianship authorities.

Function of tutorship and guardianship authorities over families of widows and juvenile orphans during the considered period was carried out by local governments drill, founded under the Charter about management of foreigners of 1822 — the Steppe thought, a foreign justice, patrimonial management.

Patrimonial management was the lowest step, it was created for the certain uluses and settlements of a sort containing not less than 15 families at the head of which there was a head who had one or two assistants. Patrimonial management submitted to a foreign justice. A foreign justice — the average step consisting of several settlements and uluses or several patrimonial managements. Directed a justice the head, several elective and the clerk. The justice submitted to the Steppe thought. A steppe thought — the highest administrative unit uniting many childbirth; it could consist of several patrimonial managements or several foreign justices. The steppe thought consisted of the main ancestor, his assistants, the heads and submitted to district administration.

At general meetings trustees and trustees were defined, their reports were heard, various requests of the faces consisting under guardianship were considered, controversial issues on opeka understood.

Widowhood or orphanhood was a condition under which guardianship was established. So, on norms of common law, after the death of the head of the family when it had minors and not separated children, all inheritance was recognized as the property of all children of the dead. Then the right of the order passed with property to the legal wife and mother of children. If the widowed woman is more senior than 40 years had the daughter, then if desired she could remain to live under observation of society and relatives, owning property.

However its right of the order was limited in time and in volume of competences. So, property for the benefit of children the widow kept the right of the order until her return to the parents: if the widow wished to return to the ro-

to ditel, with the permission of local government could return to them, having left the son and property. The family of the died husband had to raise and bring up this left son. The widow is younger than 40 years with the consent of relatives could return to the parents, having taken the neprosvatanny daughter and also own clothes, jewelry and dresses, a horse, a saddle. If the daughter was a prosvatana, then, having given to her relatives the husband, the widow has to receive from inheritance of 10 beasts.

In case of a new marriage the widow also lost the right of the order property. If she married the husband's brother, then the right of the order passed to her new husband to whom the duty to marry sons was assigned and to marry daughters of the dead, having divided between them in equal shares his property. If the widow married foreign person, then the right of the order passed to the immediate family of the dead: to the father, brothers, her sons. They were obliged to keep property of the dead, to grow up children and to divide it between them. The widow in case of such marriage was forced to leave family only with a lash in a hand.

Guardianship was connected with execution of certain duties and rights in the relation not only to sponsored, but also to material benefits of the last as, for example, to the earth, the cattle, etc. All personal and real estate coming to guardianship was subject to account and assessment. Representatives of local governments were engaged in it, and the authenticity of the made inventory was confirmed by signatures. Trustees used the earth, haying grounds, the cattle sponsored before achievement of majority by it and for it all taxes lying on it and duties left. So, in 1893 the guardianship over property of the died foreigner of Alarsky department Alexander Sardanov who had the minor the daughter Dulgar was founded. On property the inventory was made and the public censure appointed trustees — Ayush Bartanov and mother Maria Sardanova. In 1903 on reaching 18 years Dulgar Sardanova entered the rights nasledstva1.

The property of the orphans who do not have parents was under complete control of local governments:

1 National archive of the Republic of Buryatia (further - NARB), t. 17, op. 1, 585.

"The manor of orphans, i.e. not having parents, full age brothers and native uncles, is immediately given to guardianship to their majority under the general laws. And therefore for plunder and waste of a manor of juveniles their marked relatives who accepted them on education, and for the lack of relatives — the patrimonial heads as the closest peace officers are subject to responsibility, but at insolvency of these last — society of that ulus to which juveniles" 2 belonged.

Society not just appointed trustees over orphans and their property, but also checked a condition of property. There were three cases on guardianship check considered in 1915 in the Koymorsky foreign justice: 1) check of property and actions of trustees of juvenile Sanzhi Madayev; as a public censure it is recognized that the property is available, there is no decrease, action of trustees correct; 2) actions of trustees of juveniles of Danzyn Duntsayev and his sisters by society are recognized as correct; 3) actions of trustees of juveniles Lopson and Dorzhi Obonokovykh are recognized pravilnymi3 too.

It should be noted that the Buryat society differed in absence of orphans and beggars. So, for 1890 it is specified in the report of the Kudinsky justice that "... in foreign life it is considered a sin to have the special house for contempt of decrepit, crippled and aged members of society; and those eat between them perfectly why from foreigners it is never visible begging" 4.

Thus, guardianship was the important direction in activity of local governments which performed function of tutorship and guardianship authorities. They appointed trustees, exercised control of them, kept account of property sponsored, thereby rendered to the families and orphans who were left without supporters, legal protection of their personal and property interests. Thanks to such activity in the Buryat society there were no such phenomena as orphanhood, beggary, and this historical experience deserves fixed study and application today.

2 The provision on steppe laws and customs between foreigners of the Transbaikal region of the kudyrinsky tribe existing//Researches and materials on the history of Buryatia. — Ulan-Ude. 1968, page 187.
3 NARB, t. 345, op. 1, 149.
4 In the same place, t. 13, op. 1, 36, l. 4.
Lisa Christiana
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