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1.1. Legal bases of functioning

The gendarmerie has appeared for the first time as a military police, being allocated from dragoon regiments since 1815 In 1817 the first Siberian gendarme commands have appeared in Irkutsk, Tomsk and Tobolsk.

After occurrence of the Yenisei province (1822) In it also was similar division [39] is generated. Thus, to the beginning of board of Nikolay I, in Siberia already there was a gendarmerie, but, as well as in other part of empire, it has not been involved in political investigation. However after suppression of revolt of Decembrists 25 deck. 1825, the centralised body of political investigation within the limits of palace service, - III branches of Own Its imperial majesty of office (III branch) has been generated. The Most part of employees of the new device have been translated from the Ministry of Internal Affairs. However the fact that mutiny has ripened in army circles, has predetermined creation of the militarised executive office of III branch, - Cases of gendarmes. It has incorporated the most part of the gendarme commands dispersed on empire (except field and Guards squadrons).

However it is necessary to note, what not all officers of the Case possessed police powers: only provincial staffs-officers and heads of created gendarme districts [40]. In that Siberia has been founded only in 1833 with the centre in Tobolsk, fixed in «Position about the Case
Gendarmes »1836 Gendarme commands practically did not differ from army parts, their order of replenishment was made by recruits.

Reforms of 1860th and the begun attempts at officials and the monarch have considerably affected methods of work of political police and structure of the Case of gendarmes. The judiciary reform did not consider political police in the course of prosecution of "high treasons". Creation of appellate courts and district vessels out of executive authority system has been issued, institutes of a jury, world judges and investigators were entered. According to item 1038-1040 of "the criminal trial Charter» 1864 initial inquiry and interrogation, and also a search could be carried out by the local investigator, and only at its absence - policemen before arrival of a member of the court of justice. And though reform has been entered only regarding regions of the European part of empire, it has called into question legal maintenance of activity of the Case of gendarmes.

D.V.Karakozova's attempt at Alexander II in 1866 has forced to take measures not only on strengthening of bodyguard of the emperor. The decree from May, 5th, 1866 had been edited articles «Penal codes criminal and corrective» 1845 which have strengthened responsibility for "political crimes". The first body of political search - capital security branch (1866) [41] has been the same year created. In 1867 there was new «a Position about the Case of gendarmes», reorganised the structural organisation of political police [42]. Gendarme okrugi were abolished everywhere, except Poland, caucasus and Siberia. Instead of office provincial a staff - of the officer and a gendarme command other established post, - provincial gendarme management (GZHU) was entered. Remained double sopodchinenie: to III branch on operative and search aspects of activity, the Military ministry - on front. Thus, for
Intermediate link exception, - management of the Siberian gendarme district (SZHO), - EGZHU had no any differences from similar structures.

«Position...» Regulated the name of the regular 1867

Units, their rights and a duty. The chief as the commander of the army regiment headed GZHU, formally appointed the chief (since 1914 - glavnonachalstvujushchim) OKZH, though actually about GZHU all investigated period was engaged in all management and decisions the commander and a staff of the Case of gendarmes (since 1875 - the Separate case of gendarmes, OKZH) [43]. GZHU, as well as before reforms of 1867, have been deduced from under the direct control of the regional power.

The document formulation, appropriating to chief GZHU of the right of the commander of a regiment, put the last in dependence on the military legislation. The rights in economic and front questions some editions were defined «by Position about management of an economy in separate parts of armies», which during the considered period. At any time the head of department had the right of check of all economic-accounting office-work of the division. In 1887-1897 such checks were recommended to be spent not less than two times a year (item 4 «Positions.» red. 1887), in 1897-1917 - as far as possible with a condition that by the end of calendar year all complex of documents (item 4 «Positions has been checked up.» 1897). Twice a year chief GZHU checked correctness of supply. By oral interrogation of the bottom ranks check was spent

44 contentments as it was responsible [44].

Economy transfer to the new chief by its predecessor it was made at the moment of arrival of again appointed rank. By results of check the process-verbal was executed and appeared in the order on management (in 1887
1902) [45]. Since 1902 process of transfer of economic powers has become complicated: Time rules about check of books and property in separate parts of infantry and a cavalry have been entered «, at appointment of commanders of these parts to new posts» (the order on Military department № 327 from 1902) [46]. According to «to Time rules...» 1902 in day of reception of the order on change of the head of department from officers it was supposed to create the commission for functioning no more than 1 months In the remote districts (caucasus, Turkestan, Siberia and the Far East) former chief GZHU, not expecting the receiver, went on the new duty station. It led to that transfer could be made in absentia. The new chief anew inspected, declaring results in the order on division.

About police powers "Position" of 1867 has given the indistinct formulation - «only supervision», with assistance of police in case of need (§ 25). Without decoding of "supervision", its border it was supposed to outline only «special instructions» (§ 28) [47]. Thus, the legislation did not grant right gendarmerie on active prosecution of "high treasons". The given contradiction was authorised with an exit «Rules about a mode of operation of members of the case of gendarmes on research of crimes» from May, 19th, 1871 [48].

«Rules.» Have been included in «the Charter 1871.» 1864, that has considerably corrected procedure of conduct of investigation and a consequence on «gos. To crimes». However the given document has not been extended to the Siberian regions that left for GZHU only passive "observant" and other auxiliary (nonbasic) functions. The given certificate had key value in history of formation of bodies of political police of late empire. First, III branch and the Case of gendarmes joined in official bureaucratic procedures of reprisals
"Political criminals" that contradicted an original project gr. A.H.Benkendorfa, the first chief of gendarmes. Secondly, feature and importance «gos. Crimes» it is that, that the police has risen before necessity to open them to the fact of a crime (whereas the criminal investigation department worked only upon a crime after its fulfilment). Otherwise, existence of special services in the given branch is inefficient (when costs aim protection existing sotsialnoyopoliticheskogo a mode). However the law is written in that spirit when gendarme investigation should deliver to the court of justice of the proof of fault of the suspect after the committing a crime fact. This contradiction has affected on normotvorchestvo late empire in the given branch.

From the given certificate the legislation in the field of "high treasons" has gone on a way of strengthening of repressive mechanisms, including Cases of gendarmes. The given process has received the name «judicial counterreform» [49]. The law «About punishments for drawing up of illegal communities and participation in these» (from June, 4th, 1874) resolved gendarmerie in the course of conduct of investigation about the forbidden associations to take into custody convicted and in that case, «when it under the law are not threatened with attainder or all special rights and advantages if the meant measure is represented necessary for the prevention and the intercourses convicted among themselves or concealments of traces of a crime» [50]. It has begun practice of administrative arrest.

In 1878 there was a decision of cassation department of the Senate on definition of the status of arrested persons. It was explained, that it is the persons containing in jails special for that «under the decision of the judicial authority or displacing this in the certain cases specified in the law, police». Thus, detour of "Judicial charters» adm has been authorised. Mechanisms. The given explanation kept an urgency up to
Revolutions 1917 [51]. After this Rules about arrests suspected of political crimes »(sent have been approved«. 1878) which regulated an order procedure for gendarmerie and Office of Public Prosecutor [52]. By the end of 1870th dispatch practice in the remote provinces of the European part of empire and to Siberia has extended. There was an idea about concentration of the given category of persons in certain regions of empire, mainly, in Siberia. [53] highest command from May, 24th, 1878, on the basis of the report operating III branch, defined dispatch for the persons convicted of antigovernmental propagation, in the East Siberian general governorship where the Yenisei province entered. [54]

Transfer of civilians of military justice on became a consequence of successful attempt at the chief of gendarmes N. V.Mezentsova (4 avg. 1878). The imperial decree to the Senate from 9 avg. Ordered to transfer affairs about «gos 1878. Crimes» and against officials to military court if they were accompanied by resistance to the authorities, an attack on armies and police, murder (or attempt at it) and an arson. In that case the guilty were sentenced to punishment under item 279 «the Army regulations about punishments» [55]. In the command enclosed to the decree on the basis of the report of the Minister of Justice, it was reserved, that administrative arrest policemen and officers OKZH could use, procurator's supervision remained. The given decree was not actual there where «Judicial charters» have not been installed yet [56].

The power the governor general after the highest command from 8 avg has even more amplified. 1879 Besides other, the governor general the right in "obvious" cases has been granted to betray the civilian without
Preliminary investigation on the basis of inquiry. It carried out a sentence in the accelerated order without the reference in cassation body.

With 27 apr. Each inquiry about «gos 1879 was recommended. A crime» to direct the governor general that it has defined a business direction (in civil or military justice). By 1880 (the decree from 5 apr. 1879) military-police extreme bodies in provinces were generated, - time the general of a-governorship (St.-Petersburg, Kharkov, Odessa), and also have extended the rights founded earlier the governor general (Moscow, Kiev, Warsaw). It gave the full control over military-police force district, the right of administrative dispatch, transfer of affairs from civil justice in military courts, stay or closings of periodicals [57]. In a separate explanation it was specified, that the inquiries made in frameworks «Rules were represented to the general governor.» 1871 public prosecutors of appellate courts. These affairs could be returned back, or direct in a statutory order [58].

Such powers were only at a number time the governor general. For constant heads of region of east those suburbs was not available. Indictment of exiled and unbearable was able the Siberian general governors, but only on the basis of the special nominal imperial decree which was given at appointment of the official. Such disproportion spoke that the population of Siberia practically did not show political activity, and natives of the given edge from persons who were figurants of sensational cases, according to police, was 13 of more than 1 thousand persons [59]. The initiative of equating of powers of time and constant general governors in sphere of retaliatory powers started with the Military ministry. In janv. 1880 the head of the Main military-judgement management has addressed in the Ministry of Justice with the offer to allocate D.

Anuchina force of the decree 5 apr. 1879 to which it was entrusted Vost. Siberia. However the Ministry of Internal Affairs and the Ministry of Justice have agreed only on application of point 4 of the given certificate which granted the right to prosecute civilians to the military man, approving sentences. However the uniform law it was not accepted, the principle of individual investment with powers remained at each concrete appointment up to 1917 [60].

Rather OKZH and polices there was other important certificate which operated till 1908, - approved imp. Alexander II position of Committee of ministers «About use rules police and gendarme ranks in weapon business» from 10 okt. 1879 [61]. According to the document, the gendarme or the policeman without dependence from a rank could use the organic weapon, both as a part of a command, and out of it against attacking (or attacking), the running prisoner, crowd for order restoration (after the triple prevention). It has given the chance to gendarme ranks to operate more freely in extraordinary situations. Creation of the uniform certificate for law enforcement bodies and political police, thus, specified status GZHU which though was formally military unit, but in questions of suppression of excitements it was not regulated by the military legislation.

A number of murders of officials of the higher rank, attempts of attempts at Alexander II and explosion in the Winter palace (5 fevr. 1880) have shown existence in Russia not only sociopolitical crisis, but also decline of police system. In some days after attempt, Alexander II publishes the decree about creation of the Supreme administrative commission (VRK) led by general M.T.Loris-Melikovym. Large powers were given to chairman VRK: submission capital gradonachalstva, the final judgement right on «gos. To crimes», managements of the state civil and military services. Among the subordinated departments there is III branch (on March, 3rd, 1880, the decree publication on March, 4th
1881) and OKZH (on March, 4th, 1880, the decree publication on March, 14th, 1880) [62]. The Case has not felt any sharp personnel changes neither in capital, nor in a province. III branch has let out the order (№ 2183, from March, 14th, 1880) referring to M.T.Loris-Melikova, that, not looking at «time submission» VRK, gendarme officers should work in an old mode [63].

M.T.Loris-Melikov aspired to association of all police of empire. In the report II it put Alexander down to credit VRK coordination of all kinds of police, acceleration of investigations on "high treasons", development of some reforms in this area [64]. In Commission work various projects and offers on a reorganisation of work of police arrived: only for fevr. - March, 1880 not less than 127 units turned, first of all, to the chairman [65]. So, Odessa governor general E. I.Totleben in the note to chairman VRK (11 fevr. 1880) subjected to the sharp criticism practice of realisation of laws 1871 and 1878 He suggested to take away manufacture of inquiries at OKZH and to create special courts of inquiry at everyone the governor general with the device of inspectors. Besides, investigatory actions of the commissions, on the project, were equated to definitive examinations during trial [66].

That M.T.Loris-Melikov did not intend to abolish OKZH, testifies its support of other project. Earlier, 3 nojab. 1879 the Minister of Justice has signed the offer addressed to the main chief of III branch about distribution «Rules.» 1871 to Siberia, the Ural and Turgajsky region and Baltic lips. [67]. But because of creation VRK, the project has been repeatedly directed M.T.Loris-Melikovu who has brought basic amendments (the Appendix
1). It had been put in pawn the legal design which has predetermined for all further period functioning of bodies OKZH in Siberia: granting of extensive powers the governor general as to intermediate institute and delegation of police of the rights of the investigator.

For prevention of office conflicts of Office of Public Prosecutor and officers OKZH the special commission has been founded at the Minister of Justice (June, 1878). Representatives of the Ministry of Internal Affairs and III branch have entered Into it [68]. In Siberia those powers were transferred corresponding the governor general [69]. Non-distribution of the judiciary reform of 1864 on suburbs and preservation of Office of Public Prosecutor in executive authority system promoted the given situation. Besides, under the offer of the Minister of Internal Affairs the East Siberian governor general command from March, 21st, 1880 was allocated with powers under the decree on May, 5th, 1879 in dispatch questions.

III branch has been liquidated simultaneously with VRK, and OKZH has been transferred in the founded Department of the state police of the Ministry of Internal Affairs (DGP the Ministry of Internal Affairs, on July, 24th, 1880) with preservation sopodchinyonnosti to the Military man

To the ministry. Thus, the gendarmerie from the service subordinated koronnomu to department, became body of the branch ministry. It was forbidden to officers to correspond directly with Department, reports to governors have obliged to submit them, [70] that was the further step to centralisation of local police structure. In Warsaw and Moscow there were the new security branches which were engaged only in political search. About this period military minister D. A.Milyutin in 1880 wrote in the diary: «it has been never before given a boundless arbitrariness of administration and police» [71]. The further course of police reform has been corrected
Alexander's murder II (on March, 1st, 1881). M.T.Loris-Melikova's resignation has not returned former organizational structure of political police. Its receiver, gr. And. P.Ignatyev, was the supporter of the branched out scheme полиции72. Therefore reform of political investigation has gone on a way of strengthening of the central department, and only after that - bodies in regions. Formation of operating structure, Department of police of the Ministry of Internal Affairs (DP the Ministry of Internal Affairs), has come to the end by 1883 with joining to DGP Department of corrective police and the Judicial department of the Ministry of Internal Affairs (1880 and 1883) 73.

OKZH concerned police of the militarised sample, instead of a military police. Influence of the Ministry of Internal Affairs on its functioning was stronger, than the Military ministry. In the activity on political investigation GZHU by 1911 were guided by 478 administrative documents. From them to staff OKZH belonged only 24, 1 more unit - to the chairman of Ministerial council and 7 - to III branch. DP the Ministry of Internal Affairs almost has completely replaced all operating orders of imperial office, having left from preceding department only insignificant office work instructions (Drawing 1) 74.

R and with at n about to 1 - Distribution of administrative documents in the relation

GZHU on the periods of acceptance, 1911

72 Zajonchkovsky P.A.Krizis of autocracy. With. 397.

73 In the same place. With. 245.

74 Chronological index of circulars [1911]//GMPIR. F. 2. Inv. № 45798.

Position about measures to ohraneniju the state order and public peace »from 14 avg was the regulatory legal act second for importance which divisions OKZH actively used,«. 1881 [72]. It has been developed in the special commission created in May, 1881 at the Ministry of Internal Affairs. In June, 1881 criteria of introduction of exclusive actions [73] have already been developed. Actually, in the document all existing laws and the departmental orders published from the middle of 1870th «Position have been shown.» Has allocated the Minister of Internal Affairs with powers under the announcement of concrete district of empire on the state of emergency ("strengthened" or «extreme protection») 1881. The right to take out the decisions about adm. Reprisals it was delegated not to the central imperial establishments, and regional officials. In lectures at staff OKZH on revolutionary movement histories, the purpose of the given certificate of M.T.Budnitsky defined to cadets the purpose «Positions.» 1881 as strengthening of "the administration power» and «aggravation of responsibility of private persons» [74].

In 1892 were in addition «Rules of the districts declared on the martial law», entering even more rigid mode in certain territories have been published. Points "and" and item 15 «Positions.» 1881, item 12, item 19 points 1-3 «Rules.» Gave possibility of the edition of the subordinate legislation ("ordinance") 1892. In Vost. Siberia a source of similar documents was not the governor, and the general governor. They could be applied in different scales: from province to concrete settlement.

Gendarmerie role at action «Positions.» 1881 and «Rules.» 1892 considerably amplified: chief GZHU could write out the search warrant and arrest without the coordination with someone, except the police, obliged to promote at their carrying out. Inquiry and a consequence merged in one procedure at
It, from investigation consequence and Office of Public Prosecutor institutes were eliminated. At end of these procedures in an extreme order, the decision transferred then either in provincial meeting or in military-district court (depending on crime severity level) was taken out. In the explanation from 5 sent. 1881 (№ 3588, office-work (d-in) 2), the Ministry of Internal Affairs specified, that the search and arrest served «or means to collect sufficient data for commencing pr«ceedings which detection attracts Formal inquiry, as the law on May, 19th [1871], or means to make sure of political unreliability of the suspected person and to prevent it to evade from acceptance against it any is administrative-precautionary measures» [75].

Prolongation of administrative arrest completely depended on the general governor. In 1901 DP the Ministry of Internal Affairs has entered restriction of the regional authorities which should represent a substantiation of prolongation of the prison maintenance suspected of the Ministry of Internal Affairs [76]. In 1906 terms of preliminary arrest and a rule of prolongation of administrative arrest have been specified. The decree of the Senate from June, 26th, 1906 has explained, that arrest term could be extended in territories of the general legislation - about seven days, on «security position» - till 2 weeks.

In case of heavy "high treasons" (an attack, murder, beating of officials, military men and police, has set fire state buildings etc.), business was taken out on hearing of military-district vessels, which after the amendment of 1887 of item 18, 19 and 31 «Positions.» 1881, began to be spent behind the closed doors. [77] Slushane opened the decision of the gendarme officer making inquiry with a statement of circumstances of business and an estimation of results [78]. As the court was spent by military men (under presidency or the chief of garrison, or one of the regimental
Commanders) they have been not too tempted in knowledge of political parties and negatively concerned radicals. Therefore at hearings always there was a gendarme officer which could influence a process course (the Appendix 2). The statement of sentences belonged to the general governor or the commander of armies IN. On memoirs of the military lawyer serving in Baltic in nach. HH century, the governor general as one of near commanders of judges, defenders and even the investigator, had considerable influence on a course of process [79].

During the First Russian revolution the position of Ministerial council approved by the emperor from 19 avg operated. 1906 «About establishment of court-martials», which became most rigid of all complex of the legislation on reprisals on political grounds in pozdneimpersky the period (has become invalid in 1907) [80]. Court-martials operated in the territories declared on the martial law or to "extreme protection». In Vost. Siberia the given position has formally been entered: in day of signing of the law the decision Irkutsk the governor general [81] has been let out.

Absence of direct activation of the exclusive legislation did not mean, that the gendarmerie has been deprived extreme administrative actions. Section IV «Positions.» 1881 («Rules for the districts which have been not declared in the state of emergency») gave the right to make certain exclusive procedures in territory of a part of the state where the general legislation (item 28) operated. Besides, local chief officers of police and chief GZHU to subject suspects of persons to a search and administrative arrest about one week (item 29 [82]). Thus, the Siberian bodies of political investigation got under the given certificate.

By the end of XIX century of an expert of application of the emergency legislation became habitual norm for the executive authority. At the initiative of the Ministry of Internal Affairs already
In 1883 it was necessary to make amendments to item 32, specifying, that to dispatch, «recognised harmful the person intended for the state order» [83]. In 1888 gr. D.A.Tolstoy wrote, that the powers given «Position.» 1881, were understood so widely, that regional officials autocratically stopped separate laws or used this tool not directly [84]. In the report of the Minister of Internal Affairs for 1895 it was briefed: «it is impossible to look at administrative dispatch, as on the provisional measure supposed in extreme cases But, as on a measure which in essence to the should enter into constant limits of the power called for protection of the state calmness» [85]. During 1884-1895 on nepoliticheskim on the basis «Positions.» It has been sent hardly less than 50 thousand persons, mainly, from capital and large cities [86] 1881.

To nach. HH century «Position.» 1881 local authorities began to expand for the account of the local subordinate legislation which have been aimed and at the decision of questions of not political character. Such administrative decisions 90 have received further the characteristic of "the handicraft legislation» [87]. As till 1901 in Siberia there was no district under state of emergency experience of the edition of similar certificates on the given suburb was not available. For the first time emergency powers have been given managers in 1892-1895, but not on political grounds, and for struggle against the cholera epidemic which has received distributions along the Moscow path [88].

For the first time «Position.» It has been entered in Tomsk in 1901-1904 For this time it has been let out only four decisions 1881, two of which have been cancelled during audit of the Ministry of Internal Affairs of all decisions published in empire. The general results on the country have shown, that the most part of local certificates not
Only did not concern political questions, but also broke the operating legislation. Therefore since 1905 preliminary all decisions passed before the publication the statement in the Ministry of Internal Affairs [89]. Thus, that by 1905 neither «Position...» 1881, nor «Rules...» Have not been extended in Irkutsk the general a-governorship 1892, establishments of the given category did not pass through a stage of formation and approbation of new methods. By the moment of the announcement of the given certificates in Vost. Siberia, the Ministry of Internal Affairs has spent considerable editorial work. It has helped to avoid considerable local distortion of practice of application of emergency laws.

Till 1905 the given practice concerning the "political" convicted has not been extended in Vost. Siberia because of emergency legislation non-distribution on region. However, as specified gr. P.I.Kutajsov, the legend right to field court katorzhan and all categories of exiled and their accomplices to approve sentences on the given category of affairs «in kinds of a protection of a public order and calmness» was given by the special decree with appointment of everyone new the governor general [90]. Thus, from wide abusing the given powers in questions of political reprisal there were no other barriers, except a personal subjective position of the head of East Siberia.

The Russian-Japanese war has provoked expansion of a legal basis of retaliatory bodies. Decrees from 13 fevr. And on June, 21st, 1904 to the general governor it has been accorded a right editions of decisions, and all Trans-Siberian zh.d. With districts through which it lay, it has been declared on the martial law in 1904 (the Appendix 3) [91]. By 1905 in all Vost. To Siberia in force remains two. Only one of them operated in all territory the general of the-governorship, forbidding a meeting and meeting, carrying and storage of the weapon, an explosive, canes with secret klinkom, kastetov, kistenej,
Daggers and the Finnish knifes [92]. For restoration interrupted revolutionary events, strikes and sabotage of the message of the Far East and Russia had been declared exterritorial time military the general a-governorship on an extent zh.d. Within Siberian IN. In an alienation zone A.N.Meller-Zakomelskogo's retaliatory group operated.

In the announcement the Yenisei temporary general governor has declared to Krasnoyarsk, that at suppression of "distemper" and "order" prompting will lean against army: «any arbitrariness against whoever it has been directed, will immediately stop military force» [93]. For population disarmament in May, 1906 it had been published the decision, § 11 which delegated to the governor and police the right to withdraw the illegal weapon (fighting and hunting). The fine or arrest for non-payment of that was provided. From now on in «the Yenisei provincial sheets» messages on withdrawals, penalties and arrests were in large quantities printed. Chief EGZHU has been subordinated the governor general and «assisted in a protection order» [94].

In sulfurs. 1906 in connection with by agrarian and revolutionary movements on position of "the strengthened protection» had been declared Minusinsk district (the Appendix 3) [95]. The main criterion on which the executive authority judged force of revolutionary movement in a countryside, fiscal shortages from peasants served. According to local ispravnika, to fevr. 1907 in this area taxes in treasury [96] were not paid at all. Have handed over shortages and taxes for 1906 to janv. 1907 practically only alien justices of [97] Achinsk and Minusinsk districts and peripheral volosts. The governor saw the reason of this situation in «insufficient resoluteness and persistence» polices and
Sneaks. In the order (for 16 janv. 1907) A.N.Girs uttered to country chiefs and district ispravnikam the Yenisei and Minusinsk districts. He has declared: «I will lead persistent [not] payers to obedience to the law and for this purpose I will not stop before the most severe measures, it from me is demanded by a debt of service and responsibility to the Tsar and Fatherland» [98]. With 1 fevr. 1906 of the Ministry of Internal Affairs has resolved «instigators of agrarian disorders», given out by rural societies to send at the expense of treasury on the basis of item 34 «Positions.» 1881 In 1909 because of wide use by dispatch communities there was order DP the Ministry of Internal Affairs specifying categories of offences, stolen by dispatch [99].

Thus, distribution of extreme certificates to the Yenisei province there were the densely populated districts covered by revolutionary movement. Slabozaselennye and the territories removed from the basic infrastructure or it is not enough (the Yenisei district), or did not participate at all (Turuhansky edge, Usinsk boundary district) in antigovernmental actions. [100] in a question of the edition of local certificates in an extreme order the Irkutsk governor general considerably became more active in 1907: 5 decisions for the territories of the Yenisei province consisting on the martial law have been published. One corrected the May decision of 1906 about an interdiction shodok and meetings. Others [101 two did not concern opposition [102].

On June, 3rd, 1907, in day «stolypinskogo revolution», the Irkutsk general governor has signed the order based on first three points of item 19 «Rules...» 1892 where it was forbidden to compose, publish and extend printing antigovernmental texts and images to dismiss hearings about «public disasters», officials, army or separate military formations. Sanctions for decision infringement assumed
tryohmesjachnyj arrest or the three-thousandth penalty. [103] document was assumed for the territories consisting on "martial law" and to "the strengthened protection» (though refers exclusively on «Corrected.» 1892). In 1905 the similar orders published earlier in other districts, the Ministry of Internal Affairs recognised as "excessive" and duplicating the existing legislation.

Other decision landholders were obliged to lead house registers. Norms of fixing of actual stay of the population in the large cities of Vost. Siberia further became only tougher and detailed. In 1912 Rules about the population account »for Irkutsk, Nizhneudinsk, Kansky, Krasnoyarsk and Achinsk districts (it is corrected in March, 1914) have been let out«. The given certificate obliged house owners and hotels to inform in police about all lodgers and lodgers of both sexes from 15 years, except military men and monks [104].

EGZHU began to use the given decision actively. In 1911-1915 the manager. An inquiry office in Krasnoyarsk received 10 rivers in month from management, for delivery of house registers "picketer" (the watchman of management) 10 rivers in 1911 and 17 rivers in 1915 (in Yeniseisk - 10 rivers) [105]. Services were paid for the official search estimate financed DP the Ministry of Internal Affairs. When DP the Ministry of Internal Affairs in 1914 wished to abolish a post of watchman EGZHU the chief has specified in its present function: privately to deliver passports arriving to Krasnoyarsk from police stations that became under the agreement with the governor [106].

After the publication of the Manifesto 17 okt. 1905 competency of the emergency legislation has been called into question as contradicted item 1 of the given document where the personal immunity was guaranteed. Has not cancelled practice of emergency laws. However cancellation of emergency laws not only has not occurred, but geographical frameworks of its distribution even have extended. So, if to okt.
1905 the martial law operated in 12 districts, and "extreme" and «the strengthened protection» in 20 provinces in 1906 the martial law has covered 29 regions, and "security" - 40 provinces of the European part of empire and all Siberia (except the Yakut and Semipalatinsk region). By 1907 the quantity of districts has increased to 59 administrative units [107]. Besides, by the end of 1905 to «to Position.» 61 actual administrative document (circulars, orders, explanations) [108] 1881 adjoined.

Inclusion «Positions.» 1881 in "SZRI" red. Has caused squall of criticism of liberal jurists 1906: «Transitive laws should constitute the bridge on which Russia wished to enter into a new wide building of statehood Misters codifiers have approached silently and have silently picked up these fragments of [bridge] and have placed them on kladovkam and to deep hiding places of the Code of laws where they are hardly appreciable» [109]. Categorically against extreme certificates there were representatives of different political views. For example, V.A.Maklakov considered it as "debauchery" for managers, and a mode "arbitrariness" [110], P.N.Miljukov - "lawlessness" [111]. V.I.Lenin, leaning against «security receptions of management», characterised thus «the political system form» late empire [112].

Point 5 of the imperial decree from 12 deck. Declared intention to review emergency laws 1904. Session of Committee of ministers 11 janv. 1905, having heard reports of various officials, has come to conclusion, that has ripened necessity to develop the special commission uniform measures for the executive authority which would be included in the general legislation. So the commission under presidency gr has been formed.
A.P.Ignatva where representatives of the Senate have entered, the State council and the basic ministries [113]. However, for an operating time of the given commission «Position.» It has been extended by position of Committee of ministers, [114] and the Senate decree to bodies 1881, competent to operate in frameworks «Positions.» Gendarme police administrations of railways (ZHPU zh.d 1881 have been added.) [115].

Commission A.P. Ignatyev and could not develop the uniform base law for all empire which could replace three degrees of states of emergency. The definitive putting in order of rules of the edition of ordinances, revealing of all complex of the legislation in questions of legal reprisal became unique achievement. The main problem in practice of departure of reprisals had been recognised interdepartmental contradictions and an unsatisfactory condition of the Russian police services. Thus, the commission And. P.Ignatva shifted the question decision on «the incorporated government», - the Ministerial council created in 1906.

The legislative changes caused by circumstances of the First Russian revolution considerably have not affected legal bases of functioning OKZH as one of retaliatory bodies, but public discussion which called into question into the emergency legislation and practice of administrative reprisals, and also an order of participation of gendarmerie in inquiries about «gos has been caused. Crimes». Item 87 «Basic state laws» granted the right to publish separate laws during the period between State Duma convocations, however their character carried the status time while the profile ministry did not bring it on statements of members of parliament. Item 88 of the same certificate kept all laws passed earlier both for empire, and for separate districts if on them it has not been made
Orders about cancellation [116]. Thus, discrepancy of the Manifesto 17 okt. 1905 and the legislation existing before a complex was obvious.

The given problem it was considered by the commissions I and II Dumas, and also the interdepartmental commission under presidency of the deputy minister of internal affairs of A.A.Makarova. Distinctions in three texts of projects are basic: the emphasis of authors from the commission of I Duma stood on strengthening of the judicial authority to which should posess a monopoly on activity suppression. Other commissions insisted on «an order, the law defined» in questions of a personal immunity [117]. Thus it is necessary to understand as wide interpretation of a definition "law": almost all emergency legislation and «Position about the Case of gendarmes» was considered as the accepted legal order 1867. A question on legal status OKZH A.A.Makarova's commission at all did not concern, not considering «with the competence to concern decisions and rules on which the Case of gendarmes» [118] is based.

Since session on May, 13th, 1906 members of parliament of the first convocation regularly brought an attention to the question on liquidation of existing emergency laws [119]. In turn, prime minister P.A.Stolypin has assimilated the government and its legal toolkit to the sentry with old «a silicon gun» which cannot be "thrown out" during restless time. In March, 1907 it has announced firm determination in the course of association of police and gendarmerie in uniform structure with removal from last function of manufacture of inquiries [120]. In March, 1906 small restriction has been entered only: the authorities could not send the persons consisting under inquiry in the general order [121]. After dissolution of II Duma the question on cancellation of emergency laws was not put so sharply and so categorically, as earlier. The Oktjabristsky project III
The law Dumas «About a personal immunity» (I.I.Dmitrjukova's commission) have been removed by members of committee [122].

However already after elections in IV Duma public figures stated a negative estimation to the mode established after revolution. At the first sessions by 38 deputies the question on «security position» has been started. Cadet M.S.Adzhemov so put a problem: «the Question goes about the state of emergency, the question goes about those conditions in which there lives Russia, the question goes about those conditions in which each of us» sojourns. [123] emotional enough speech was said by A.F.Kerensky. Even nationalist M.O.Menshikov in the criticism of the extremely right Duma members of parliament wrote, that the constitution what it would not be, requires observance, and governmental "lawlessness" requires bridling: «how now we

127

We live, long to live it is impossible »[124].

In 1908-1913 a number of the certificates specifying only details of emergency laws continued to leave. In apr. 1909 left ts. DP the Ministry of Internal Affairs (№ 104950, d-in 7), specifying, that the persons appointed to dispatch till the moment actually of dispatch remain under arrest (in territories on the military man and «security positions» - till 2 weeks, in other districts - about one week) [125].

In 1908 have undergone to rule changes on the use of the weapon by gendarmerie and poilitsej (the order, declared to the Senate the Minister of Internal Affairs «About the instruction statement about the weapon use by police and gendarme commands» from 23 apr. 1908). Though the given measure has been registered for a case of "inevitable necessity», without the prevention it was authorised to shoot on crowd or prisoners who attacked a command; in persons who made wrongful acts in

129 presence of police; in the persons interfering or evading from arrest [126].

125

126

127

128

129

Geography of distribution of the emergency legislation in Yenisei lips., established in days of the First Russian revolution, operated to nach. 1909 (the Appendix 3). It corresponded to a regional situation of revolutionary movement. Scope of attempts and acts of terrorism eserov and anarchists is necessary on second half 1906-1907 After removal of the death sentence to murderers of gendarme Tereshchenko (the end of 1906) Krasnoyarsk fighting organisation PSR 12 deck. Declared hunting for the persons involved in military court on given process 1906: governor A. N.Girsa, chiefs of Krasnoyarsk garrison (headed slushane) and EGZHU [127]. Most murder 14 fev became a daring crime. 1907 of the garrison chief of the colonel Kozlovsky: the officer has been killed in the daytime on street Big Krasnoyarsk by two shots in an emphasis. Murderers have disappeared from a place and and have not been found [128]. Also attempt of repeated mutiny on the sample of 1905, by means of armed attack on a guardroom, prison and item station Guard in Krasnoyarsk (on June, 11th, 1907) was made. Attacks though have been beaten off by soldiers, gendarmes and policemen, but has shown that in military divisions the part of the private soldier and ober-officers sympathise (or promote) to revolutionaries why the martial law have counted justified.

In 1908 in Zap. Siberia process of change of statuses of territories where the emergency legislation operated has begun, in Irkutsk a general governorship remained, except in the Yenisei province where position of Minusinsk district [129] has been extended. Ordinances of the general governor are characterised by regulation small or incidental points (the newspaper penalty, tavern closing etc.) [130]. Display geography
Oppositional moods in region the same has remained, but already in the least scales, than in days of the First Russian revolution. [131]

In the winter 1908-1909 for the first time exclusive laws have been applied to northern territories of province. In nojab. 1908 in Turuhansky edge, there were the events which have become history as «Turuhansky revolt». Small, as a matter of fact, incident has completely paralysed local retaliatory and administrative personnel and has forced to attract attention of higher officials. 4 janv. 1909 Nikolay II has signed the decree about the announcement of this territory on the martial law, and the Yenisei district - on position of "the strengthened protection» (the Appendix 4). The Irkutsk general governor in territory of edge and the next district creates time military Turuhansky the general a-governorship in which order were allocated both available forces of police, and the groups of infantry sent from Krasnoyarsk, Cossacks and gendarmes. After order restoration the general management of edge has been returned on July, 29th, 1909, but the Yenisei district continued to remain on

135

"Security" position [132].

This incident has given an impulse to an exit of new decisions Irkutsk the governor general: 20 janv. It has been withdrawn from conducting world judges of item 61, 63 and 64 «the Charter about punishments» (absence or residing without documents, autocratic leaving of a place of the reference and concealment fluent) 1909. The permission of affairs under these articles and punishment was delegated to governors. In March of the same year there is a decision on which landholders and institutions of Minusinsk and Yeniseisk (with districts) were obliged to expose at night sentries in streets (it is cancelled in a deck. 1909) to lead house registers and to give their polices; to owners of weapon shops to record sales [133].

In 1910 for the next putting in order of the local extreme subordinate legislation were the project «the normal obligatory is dispatched
Decisions »(ts. DP the Ministry of Internal Affairs № 29424, d-in 7). It has not been published, they had to be guided privately, but the similar kind of certificates should

137 to be adjusted with this project [134].

After N.A.Maklakova's appointment as the Minister of Internal Affairs, and V.F.Dzhunkovskogo - its companion and commander OKZH against relative political stabilisation of the Russian society, had been brought again an attention to the question on reorganisation of all police system together with a legal ground of its activity. The joint commission of the Ministry of Internal Affairs and the State Duma where have entered both officials, and some deputies has been for this purpose created. All questions which concerned OKZH, met the greatest number of conflicts. The left members of parliament have made the statement, that only full abolition of the given establishment will give the chance to consider further the bill of police [135]. The main requirements of members of the Duma were reduced withdrawing from conducting OKZH of inquiry as it should be «Judicial charters». [136] Value of similar manipulation would be far-reaching: In districts where «the general management» functioned, OKZH has turned to police formation with not clear rights which was justified only as transport police. The temporality of extreme certificates would mean also temporariness of powers OKZH.

Answers of public prosecutors of appellate courts to V.F.Dzhunkovskogo's inquiry about necessity of carrying out by ranks OKZH of inquiries judicially are interesting. The public prosecutor of the Moscow chamber suggested to transform gendarmerie into the organ of inquiry, its Kazan colleague has expressed opinion, that in the absence of gendarmes in the conditions of revolution strengthening at least «in sizes, is considerable smaller, than it was in 1905-1906» existing courts of justice will not cope with "group affairs» about the organisations. From Vilno the most negative response on designed changes has come:
«The offer on clearing of ranks of the Separate case of gendarmes from manufacture of inquiries on high treasons is represented, from my point of view, absolutely unexpected. The separate case of gendarmes, serving in Empire interests of the is high-state importance, [always] constituted a stronghold of safety of the state» [137].

Commander OKZH of adm. Powers there were enough liberal views. A prevalence in GZHU the inquiries executed as it should be «Positions...» 1881, over judicial analogue he considered

«A consequence of inept manufacture of a [judicial] consequence and desire to get business off the hands» [138] somewhat quicker. Not without V.F.Dzhunkovskogo's influence, term of inquiries as it should be «Positions was reduced.» 1881 with 3 to 1 month, prolongation it was possible only for a month (ts. The Ministry of Internal Affairs from 28 fevr. 1913 № 82685). In June, 1915 it had been signed the order that "exclusion" (power compulsion to leave certain territory) is necessary for applying in unusual cases, being limited from police instructions on terms of departure of the person on which dispatch [139] has been imposed.

In Yenisei lips. Also the motion in a question of easing of emergency measures is made. Between heads of various departments correspondence of the martial law removal, initiated by the Irkutsk general governor still in avg has taken place. 1909 just appointed governor JA. D.Bologovsky was at a loss to answer, and former governor A. N.Girs recommended to make it in the end of a year, as well as the chief of Krasnoyarsk branch ZHPU zh.d. [140]. The second attempt to solve this question has been undertaken in janv. 1910 when the Steppe governor general has suggested the Irkutsk colleague to start in common a question on martial law replacement with "extreme protection». The Yenisei governor has agreed with this measure, therefore all its further monthly reports formed an image
Quiet region. The third attempt a deck. 1911 also it appears successful: in 1912 the martial law is replaced with «the strengthened protection» (the Appendix 5) which will be extended in 1913 [141].

However with the beginning of the First World War the Ministerial council, at the initiative of N.A.Maklakova, declared all districts of empire which were not a front zone, with sent. 1914 on "security" position [142]. Some days after that decisions appear later the martial law on a line Trans-Siberian zh.d. With submission ZHPU zh.d. To the commander IN (the Appendix 6) [143]. The Great bulk of decisions of first two years of war did not concern activity EGZHU: they have been aimed at struggle against sale of alcohol and protection of communications. Absence in extreme certificates of 1914 of aspect of political reprisals reflected the short period of patriotic lifting which characterised a war initial stage. Only in fevr. There is a decision about an interdiction of contacts and to assistance by the population of prisoners of war which have started to sojourn by this time in Vost 1915. Siberia.

The wide rights given by the policeman and voennoyoadministrativnym to bodies, gave the extremely subjective character to decisions accepted on their basis. So, as an occasion to commencing a suit objective signs of guilt as it was declared by the law, and subjective suspicions of the policeman [144] served not. The estimation «Positions is fair.» 1881, as favourable not personally to the monarch, and bureaucracy which under the pretext of struggle against revolutionary movement could demand the increasing degree of delegation of imperious powers [145].

Formal abolition OKZH has been defined at Provisional government meeting on March, 4th, 1917 under presidency kn. G.E.Lvova [146] though actually EGZHU has ceased to function already on March, 3rd after arrest of all ranks by public committees.

Thus, legal bases of functioning EGZHU were based on the whole complex of the laws which bases have been developed in the end 1860 - nach. 1880th of One of features of the Russian provincial political police was it sopodchinyonnost to two departments. The base document, «Position about the Case of gendarmes» carried divisions OKZH to military men 1867 and ordered to lean against the actual military legislation. However in primary activity EGZHU was guided by legislative and subordinate legislation (administrative) certificates of the Ministry of Internal Affairs: amendments «Judicial charters» 1871, exclusive laws, rules on the weapon use. Presence in Vost. Siberia the general governor's power regulated by general, instead of time laws, and combination of posts of the head of edge and the commander IN, caused registration of the given institute as intermediate between the central departments and GZHU in questions of legal prosecutions «gos. Criminals». With introduction of emergency laws, the governor general becomes an additional source of certificates which influenced activity of regional gendarmerie.

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A source: Baksht Dmitry Alekseevich. the Yenisei provincial gendarme management: organizatsionnoyopravovoj and regional aspects of functioning in system Department of police of the Ministry of Internal Affairs (1880-1917). The dissertation on competition of a scientific degree of the candidate of historical sciences. Krasnoyarsk - 2015. 2015

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