Судебный процесс в Джунгарском ханстве с участием иностранцев (по запискам И. С. Унковского)
The article is an analysis of the report of Ivan Unkovskiy, the ambassador of the Russian Empire in the Zunghar
Khanate in 1722–1723 devoted to the Oyrat trial with the participation of members of the Russian embassy.
This text allows author to reconstruct the basic elements of the judicial proceeding in the Zunghar Khanate including
its stages, status of participants, methods of gathering and evaluation of evidences, etc. This case also gives an opportunity for the comparative legal analysis of specific case and rules of court proceeding in the Oyrat law, especially in the code of laws Ikh Tsaaz (“Great Code”) of 1640 and two edicts of Galdan Boshughtu Khan of 1670s which supplemented it. Besides that, the specific feature of this case is a participation of foreigners in the trial. It allows to clarify the reasons of privileged status of Russian participants in contrast to less capable one of foreign subjects who also were under trial in the Zunghar Khanate.
Mongolian codifications of 16th–18th centuries are considered to be sources of customary law. But their structure and content prove the opposite as they were results of law-making by rulers and contained different rules on status and credentials of authorities. One of such fields was legal procedure which becomes an object for analysis in this article. The goal of our research is analysis of procedural institutions in Mongolian codifications and their evolutions from the 16th to the 18th century. To achieve this goal, one should analyze procedural rules in these codifications, find their common and specific features, correlate the content of codifications with political situation in Mongolia and, at last, trace the evolution of procedural institutions. The sources for research are late medieval Mongolian legal codifications: the Code of Altan Khan, ruler of Tumet in Southern Mongolia (c. 1588), Eighteen Steppe Laws established at conferences of Khalkha rulers between the 1580s and 1620s, ‘Ik Tsaaz’ (‘The Great Code’) issued at the Congress of Oirat and Mongol princes in 1640 with additional edicts of the Zunghar ruler Galdan Boshugtu Khan in the 1670s and, finally, ‘Khalkha Jirum’ (‘The Code of Khalkha’) issued from 1709 to 1770 by conferences of rulers of the Northern Mongolia. To study this documents a number of research methods were used, namely: source study, structure functional analysis, comparative historical research, formal legal approach, historical legal method and comparative legal analysis.The legal procedure developed irregularly during the examined period. The status and credentials of authorities in the field of justice were substantially changed from the 16th throughout the 18th century, and that was connected with political processes in Mongolia. In particular, with centralization of power in the Zunghar Khanate in the 17th century and adaptation of Khalkha rulers to new political realities under the suzerainty of the Qing Empire since the end of the same century. As for other procedural institutions, such as evidences and their search, those remained, in fact, unchanged. That could be explained by that the procedural institutions were closer connected with customary law, and Mongolian rulers did not pay attention to their adaptation to the current situation. However, the article is no more than a problem setting, and advanced research should include sources which still are not introduced into the scientific circulation: Code of the League of Kuku-Nor (late 17th century), court practice cases in the ‘Ulaan Hatsart’ (‘Red Notebook’, 19th – early 20th centuries). Besides that, another kinds of sources should be kept in mind, e. g., Manchurian law for Mongols (‘Tsaajin Bichig’ of the 17th century and ‘Lifanyuan Tse-li’ – Code of the Qing Ministry of Foreign Affairs, late 18th – early 19th centuries), Kalmyk legislation of the 18th century, Buryat law of 18th–19th centuries. These sources could help understand which procedural institution in the law of Mongolic peoples were kept unchanged and which ones were results of reception from the Russian or Chinese law.
“Empire Speaks Out” is a result of the collaborative international research project whose participants aim to reconstruct the origin, development, and changing modes of self-description and representation of the heterogeneous political, social, and cultural space of the Russian Empire. The collection offers an alternative to the study of empire as an essentialized historical phenomenon, i.e. to those studies that construe empire retrospectively by projecting the categories of modern nation-centered social sciences onto the imperial past. It stresses dynamic transformations, adaptation, and reproduction of imperial patterns of sociability and governance. Chapters of the collection show how languages of rationalization derived from modern public politics, scientific discourses of applied knowledge (law, sociology, political economy, geography, ethnography, physical anthropology) and social self-organization influenced processes of transformation of the imperial space.
Article devoted to analysis the role and significance of Tatar-born Russian officials in gathering information about state and law of the Central Asian khanates – Bukhara, Khiva, Khoqand in the 18th-19th cc. on the examples of M.Bekchurin, M.Aitov and I.Batyrshin. All of them served as officials of the Orenburg Frontier Commission, two of them were diplomats in Bukhara and Khiva, last one contacted with informers from abovementioned khanates. The common feature for them was that they were Turks and Moslems. Firstly that fact provided Central Asian population’s sympathies to them (including favor of representatives of the ruling elites of the khanates) and gave an opportunity to gather more useful information. Secondly, as representatives of the Turkic-Islamic culture they could better understand and estimate the level of political and legal development of the Central Asian khanates and prepare impartial reports for their chiefs. Also it’s necessary to notice that their affiliation with Turkic-Islamic world didn’t influence on quality of fulfillment of missions by such officials: they tried all ways to contribute to realization of the Russian policy in the Central Asia and advance of the Russian Empire in this region.
The article is devoted to historical continuity in the state governing. Issues of existing analogies in the process of forming of system and structure of executive bodies in Russia are considered. The special attention is given to a combination of branch and functional approaches to the organization of executive bodies at different historical stages. In the context of the presumption of "Ideally uniform government" questions of a parity of powers of monarch and ministers in the Russian empire and of the President and the ministries in the Russian Federation are mentioned.
The volume present papers on different aspects of the history of Russian Empire.
The article constitutes a part of author’s studies on regions and mental geography of the Russian empire. The military actions within own territory normally produce a dramatic and long impact on the spatial imaginations. The Crimean war with its center in newly incorporated New Russia has helped to include this region to the mental maps as the Russian space. The article shows the new symbolic geography formation. It also analyses the efforts of propaganda aimed at maintaining the imperial durability. A special attention is paid to the state militia. The citizen soldiers – nobles and law classes representatives – had the unique opportunity to visit a number of regions. For the inhabitants of Central Russia the border with Little Russia was essential. The perception of Jews has demonstrated xenophobia long before pogroms. Although the authorities had enough reasons to be afraid of separatism, the final conclusion was that the imperial construction is rather healthy. As a result of such a conclusion an elaboration of this construction hasn’t become a part of common program of reforms in Russia. The author used unpublished documents, in particular those preserved in Kiev. The article is a part of the most significant recent international project on the Crimean war. The English translation of the article is published in USA.