Formation of Constitutional-legal Bases of Tajikistan’s Central

Executive Power Bodies in the Soviet Period (1918 – 1929)

Muhibjon Niyozmatovich Erboev

Fulfilled by 3-d year Peoples' Friendship University of Russia (RUDN), Cathedra of Constitutional Rights and Constitution

Proceeding postgraduate. Russia, Moscow city, st. Mikloukho-Maclay 21 2

Keywords: The Emirate of Bukhara, the Council of Stewards, Autonomic Republic, National-territorial delimitation,

Union Republic.

Abstract: In this work the author analyzes a huge landmark in the development of his country, that is the period of its

being part of the Soviet state. Social-political formation and even the borders of Tajikistan were being

considerably changed within these time limits on the base of the RSFSR’s, the Uzbek SSR’s, the Tajik ASSR’s

and later on – the Tajik SSR’s legislation. An attempt is being made here of a conceptualized inner division

of the lawful phenomenon which is being regarded from the point of view of its historic meaning into its own

stages. As well as the rightful bases of the Soviet part of being of previously Turkestanish Tajiks in the Russian

Empire’s composition and the ones of today – in the one of the CIS, the consequences of this period for them

are being investigated.

1 INTRODUCTION

In the October Revolution of 1917 post-victory period

in Turkestan the Civil War against the Soviet Power

was flying into a tantrum till the September

Revolution in Bukhara on the territory of today’s

Tajikistan. Until that historic period and up to the

moment of the formation of the Soviet Power there

was no state of Tajikistan on the map of the World. In

the beginning of the 20-th Century according to the

national-territorial delimitation the modern territory

of Tajikistan is situated in different states’

compositions. The northern districts ( the today’s

Soghd Province) and most of the modern Pamirs were

part of the Turkestan General-Gubernatorialty,

herewith it should be separately picked out that a first-

hand part of Russia (the today’s Khatlon Province and

the districts of central subjection) were part of the

Bukhara Emirate. In this connection the process of the

genesis of a constitution and the development of state

management was occurring by fits and starts. Each of

these states in correspondence with the tasks and the

concretely-historic conditions had its peculiar

properties which found their reflections in the state

management.

https://orcid.org/0000-0002-1077-0805

When exploring the process of the formation and

development of historically Tajik executive power

central bodies it’s all-important to regard the complex

of relationships which became real upon that

moment, in particular social processes and

tendencies, in effect. Being limited by just

constitutional characteristics will not result

expectedly without regarding the factual

relationships.

2 METHODOLOGY OF THE

RESEARCH

In the process of this exploration comparative-

historical, political-judicial methods and

comparative-judicial analysis were used.

3 DIVISION INTO PERIODS

In light of the uttered, the process of the executive

power central bodies’ formation and development in

Erboev, M.

Formation of Constitutional-legal Bases of Tajikistan’s Central Executive Power Bodies in the Soviet Period (1918 – 1929).

DOI: 10.5220/0010659400003224

In Proceedings of the 1st International Scientiﬁc Forum on Jurisprudence (WFLAW 2021), pages 11-16

ISBN: 978-989-758-598-2

the Soviet period in Tajikistan will be divided by us

into three stages:

Genesis of the new executive power central

bodies’ system on the territory of the today’s

Tajikistan until the forming of the Tajik SSR (Soviet

Socialist Republic) (1917-1924);

Executive power central bodies’ system

development in the Tajik SSR (1924-1929);

Executive power central bodies’ system in the

Tajik SSR (1929-1990).

The first structure of power on the territory of the

today’s Tajikistan appeared after the victory of the

February Revolution. In April, 1917, the Turkestan

Committee of the Provisional Government was

formed in Tashkent (Provisional Government1st

Department’s Legitimations and Orders Assamblage,

1917). To help the commissars of the Provisional

Government regional, town and volost committees

and social security committees were formed (Victory

of the Soviet Power in Central Asia and Kazakhstan,

1967). Rural latitude was first of all mastered by the

elder with white beards, as it had been formerly.

For a more detailed studying of this long item it is

necessary to consider the process of the formation and

organization of the state bodies for which the creating

of the new government was one of the key forms. The

2 nd All-Russian Congress of the Soviets of Worker

and Soldier Deputies adopted the historic decrees of

peace and land. The All-Russian Central Executive

Committee was elected by it and the first Soviet

Government of Folk Commissars for managing the

country was formed (Edward Carr, 1990).

Under direct influence of the revolutionary events in

Russia the Soviet form of governing was constituted

in the then Tajikistan, as well. Herewith the

constituting of the Soviet governing form was

elapsing in particular history conditions of Tajikistan

(A.Z. Kukanov, 2012).

Since the 1st months of revolutionary changes the

northern districts of the today Tajikistan were part of

the Russian Federative Socialist Republic. The first

Soviet Constitution being adopted at the V Congress

of Soviets as the basic law in July, 1018, became the

first source of managing modern Tajikistan after the

establishment of the Soviet Power. The state was

passing on from capitalism to socialism, from what

juridical fixing of the proletariat’s dictatorship was

following. The RSFSR Constitution of 1918

proclaimed all the working population of the country

united into urban and rural Soviets the supreme

source of the power. The adopting of the first Soviet

constitutions within the Union state and in Tajikistan

aided to forming constitutional Government. Side by

side with creating a new government a qualitatively

new system of right was formed. All the changes in

Tajikistan were a component of state-lawful

reorganizations within firstly the Russian, and then

the Soviet state. In the autumn of the same year the

6th Extraordinary Congress of the Turkestanish

ASSR sanctioned the Turkestanish ASSR’s

Constitution, it was worked out with regard to

historic, geographical and other particularities of the

republic (Sh.K. Hakimov, 2012).

4 DEBATABLE PROBLEMS

Our basic aim in this research is studying the history

of modern central power bodies, their structure, tasks

and functions on the basis of the historic Constitution

that was running on the territory of modern

Tajikistan. Researches had shown that after the

October Revolution the first running condition in

modern Tajikistan which was representing the

structure and the warrants of the executive power was

the Constitution (1918) of the Soviet Turkestan. The

executive power was being called the Soviet of

Commissars on the basis of the Turkestanish ASSR

Constitution.

The basic, fourth partition of „Constitution of the

Soviet Power“ is containing the chapter „Common

Commencements“ devoted to the structure and the

warrants of this body. According to Point 9 of that

partition, „Turkestanish Soviets’ Central Executive

Committee is forming the Soviet of Commissars for a

common administration of the Turkestanish Republic

and Departments (Commissariats) for managing

segregate governing branches“ (Collected

Documents (1917-1957), 1957). Herewith members

of the Turkestanish Central Executive Committee

could not be Commissars.

This Constitution confirmed that the Soviet of

Commissars was gaining an important place in the

system The Turkestanish Republic executive power

central body, in the competence of which the right of

publishing decrees, orders, directions, instructions

and also for taking all necessary measures on correct

currenting of the state’s life were contained.

On the bases of chapter nine, part 12, 15

Commissariats were being formed on the territory of

Turkestan. These Commissariats had their own

responsibilities, analogous to the responsibilities of

the up-to-date states’ ministries (D.V.Kuznetsov,

2015).

The managing of these commissariats was being

realized separately and supplied by the brass, those

were members of the Commissariat’s Soviet. In every

Commissariat (nowadays – Ministry) a commissar

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was at the head, and all the commissars mechanism

was being claimed by the Commissariat’s Soviet.

It can be concluded according to that part of the

Constitution that at day of the Soviet Power’s

formation ministries had already been central bodies

of the state power, therefore, as it was mentioned

above, the members „of the Commissars’ Soviet“ had

been at the head of remaining Commissariats“. Today

ministry executives in Tajikistan are also

acknowledged the members of the government that is

the central executive power body.

Proceeding from the Constitution of the

Turkestanish ASSR it may be stated that in force of

the impact of the legislation and the Constitution of

the RSFSR that period became the first stage in the

history of legislation’s development in modern

Tajikistan. In this Constitution the activity of

executive and the legislative power was depictured

more distinctly than earlier, and the subsequent

government was reflected by the name of the

Commissars’ Soviet.

As the Constitution of the Turkestanish ASSR

is proceeding from the RSFSR’s Constitution adopted

in July, 1918, at the V All-Russian Congress of

Soviets, it is necessary for us to esteem the central

body of the power according to the Constitution of the

RSFSR of 1918.

If we compare the structure of the domestic

central body of the Turkestanish ASSR and the

Russian Soviet Federative Socialist Republic in

appliance with the Constitution of 1918, it becomes

clear that they are relative and on confirming their

commencement from the Constitution of the RSFSR

are having just inconsiderable differences in the

structures’ nomination.

Although the basic source of the Constitution of

the Turkestanish ASSR and many ruling common

norms were taken from the Constitution of the

RSFSR of 1918, peculiar changes, directly connected

to the social relationships, were invected into it.

On September, 24, 1920, the IX Congress of the

Turkestasnish ASSR’s Soviets adopted a new

Constitution in which some positions of the Turkestan

ASSR’s Constitution of 1918 were cancelled. In

concordance with the Constitution of 1920 the central

governmental mechanism was already formed with

13 Folk’s Commissars.

The new Constitution made provisions for a

specific group of articles devoted to the organization

of the central power in Turkestanish ASSR and more

detailed regulations of the lawful position of the state

and republic power supreme authorities.

As it was mentioned above, the territory of

modern Tajikistan in that historic period was divided

into two parts. After coming apart of the Bukhara

Emirate on the 2nd of September of 1920, as a result

of the insurrection of labouring masses, with the help

of parts of Red Army feudal-theocratic power was

convoluted and the Soviet Power was established

(F.T.Tahirov, 2001). On September, 13, 1920, a

treaty was concluded by wich Russia was

acknowledging Bukhara’s independence

(sovereignty) (S.S. Khromov, 1987). On the 14th of

September in Old Bukhara, at Khurultai (Turkish

name of Central-Asian parliaments) of Folk’s

Deputies the forming of the People’s Soviet Socialist

Republic of Bukhara and the shaping of the supreme

authorities of state power – those were All-Bukhara

Revolutionary Committee and the government – that

is the Cabinet Council (S.V. Chirkin, 2006) - was

proclaimed. The educated Council of Folk’s Stewards

was consisting of a bit except for Yong Bukharians.

An average age of the member of the Government

was approximately 29 years.

In this work an attempt to depicture the meaning

of the executive power central body of the People’s

Soviet Republic of Bukhara on the territory of Central

and South-Tajikistan, that had peculiarities and is

representing a sizable scientific interest.

The project of that constitution was worked out by

a special commission that took the Constitutions of

the RSFSR and the Turkestanish ASSR as a pattern.

Herewith the Project had fixated the structure of

power in many things similar to that one which was

existing in the RSFSR and the Turkestanish ASSR:

and established the Soviet Formation and also

proclaimed the People’s Soviet Republic of Bukhara

„a single indivisible and independent state“.

The Constitution of this state gave such

democratic rights to the citizens that Bukharians had

never had and known them.

Khurultai of Folk’s Representatives, the Central

Executive Committee, its presidium and the Council

of Folk’s Stewards was regarded to by the

Constitution as the system of central power

authorities. The Council was a central executive

power body of which separate ministries – nizarats –

were obeyed.

The transit from theocratic formation to a socialist

one became with the adopting of the Constitution a

new stage in state governing for the state basically

using sharia’s traditions and norms. In part 30 of

chapter five it is pointed that “For the common

administration of the Republic the All-Bukhara

Central Executive Committee was is forming the

Council of Folk’s Stewards which as a body is a

supreme authority of the executive power. The

Council of Folk’s Stewards of the People’s Soviet

Formation of Constitutional-legal Bases of Tajikistan’s Central Executive Power Bodies in the Soviet Period (1918 – 1929)

Republic of Bukhara is being utterly obeyed in its

activity to the All-Bukhara Central Executive

Committee” (S.Horak, 2019).

The Chairman of the Council of Folk’s Stewards

and Folk’s Stewards by themselves were members of

the government that was Council of Folk’s Stewards.

In concordance with the Constitution six Nizarats

in the People’s Soviet Republic of Bukhara were

established. In concordance with article 39 those were

Folk’s Nizarats of: Justice, Domestic Affairs, Foreign

Affairs, Military Affairs, Enlightenment and of the

Higher Soviet of Economics. In Note to this article it

was pointed that “Besides the above-listed central

institutions on the rights of a self-standing Nizarat

attached to ALL-Bukhara CEC Central

Administration of the State’s Statistics is being

organized” (D.V.Kuznetsov, 2015). “Folk’s Steward

personally conducts his Nizarat being utterly

responsible for his activity before the Council of

Folk’s Stewards”

With the help of the RSFSR and later on – the

USSR, the People’s Soviet Republic of Bukhara

prepared necessary conditions for the transit to the

socialist development. On October, 19, 1924, the 5th

All-Bukhara Khurultai of Soviets took a decision to

transform the People’s Soviet Republic of Bukhara

into the Socialist Soviet Republic of Bukhara which

was eliminated in the Process of the national-state

delimitation of the Soviet Republics of Central Asia.

The Republic of Bukhara was abolished. The Soviet

Power tried to cut the ground from the feet of the

regional separatist movement (Yu.Yu Nenakhov,

2004). By the opinion of Yu.V. Stashuk, in national-

state delimitating and creating new state forms

numerous mistakes that influenced its later

development were maid in the region

(Yu.V.Stashchuk, 2011).

It should be pointed that on the 30th of December,

1922, the I Congress of Soviets adopted the

Declaration and the Treaty of the USSR’s Formation

and commissioned them with submitting these

documents for the consideration of Republics.

In his book E.V. Tadevosyan notes that

constitutional formation of the Union of Soviet

Socialist Republics was realized at the II Congress of

Soviets on January, 31, 1924 (E.V.Tadevosyan,

1978). After the formation of the USSR the

Turkestanish ASSR became part of the USSR via

RSFSR. By the words of Hakimov Sh.K., the

People’s Soviet Republic of Bukhara was not

regarded the part of the USSR as it was not a socialist

one still (Sh.K. Hakimov, 2012). Yet, one may meet

the works denying the point of view of Hakimov

Sh.K. where a fact is noticed that from the first days

of the USSR’s existence it was the member of this

Union (V.I.Chirkin, 1964).

Thus, since October, 1924, the second stage of the

process of executive power central authorities”

formation and development in Tajikistan started.

Yet, the forming of constitutional power bodies in

the governing was not possible above from below at

once as bands of basmatches were committing

outrages on the territory of the republic. Therefore

fore the sake of temporary republic’s governing

provisional Soviet government of Tajikistan

(Revolutionary Committee whuch prepaired all the

conditions for forming legislative constitutional

governing and power bodies) was formed by the

enactment of the Uzbek SSR. On December,1, 1926,

Revolutionary Committee convoked the I All-Tajik

Constituent Congress of Soviets and laid down its

authorities (N.F. Tohirov, 2008), and since the 24th

of November of 1924 as Provisional Government of

Tajikistan this Revolutionary Committee in the

appeal to all the work people of Tajikistan was

informing of creating the Tajik Autonomic Republic

(N,D. Degtyarenko, 1960).

It is note-worthy that as a result of national-

territorial delimitation in the USSR a new

Constitution of the Union of Soviet Socialist

Republics was created. On the basis of this historic

document Autonomic Soviet Socialist Republics

(ASSRs) were established.

The Constitution of the USSR had universal

character and was being spread to the territories of all

the union republics. In the Constitution relationships

of higher authorities of state governing of the USSR

were built upon the acknowledgement of Soviet

“federalism, democratic centralism, socialist

internationalism and Socialist law” (R.A. Yeguiyan,

1984). These principles that were listed by Yeguiyan

R.A. demonstrated a close connection of executive

power central authorities of the USSR with the

Governments of the Union Republics, and – what was

the main thing here – were mutually complementary

in supplying co-ordination of all those bodies’

activity as the one of single Soviet mechanism’s

sections.

The Soviet of Folk’s Commissars as the central

authority of state governing of the USSR was bring

regarded the Government of the USSR, and the

chairman of the Soviet of Folk’s Commissars – the

head of the Soviet government.

The Soviet of Folk’s Commissars is responsible

before the Central Executive Committee of the USSR

and its Presidium. Within the rights given to it by the

Central Executive Committee is publishing decrees

and enactments necessary for fulfilment on all the

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territory of the USSF on the base of the Statute of

Soviet of Folk’s Commissars of the USSR.

The Soviet of Folk’s Commissars of the USSR is

being formed from leaders of central authorities of the

state governing in each direction of social life. This

concerned the folk’s commissars of the USSR.

The organization and the activity of the central

authority of Onion republics’ executive power were

being established on the base of the central authority

of USSR executive power, and their activity was

being regulated by the Constitution of the USSR and

Constitutions of the Union republics by themselves.

In case of a contradiction between the norms of the

USSR’s Constitution and the ones of constitutions of

Union republic, naturally, Union norms were in force.

In respect of Tajikistan’s being regarded an

autonomic republic till adopting the Constitution,

social and state mechanism of the republic were

regulated on the base of USSR’s Constitution of 1924

and the Constitution of the Uzbek SSR of 1927. The

lawful status of the Tajik ASSR as a part of the Uzbek

SSR and the bases of relations between those two

republics were fixed in partition IV of chapter VII of

the Uzbek SSR’s Constitution of 1927 “About Tajik

Autonomic Soviet Socialist Republic”, where a

specific attention was paid to the formation and

activity of state bodies. The Tajik ASSR had its

system governing and state power bodies, Thus,

“State pouter bodies in the Tajik Autonomic Soviet

Socialist Republic are being formed on the base of the

Constitution of the Uzbek Soviet Socialist Republic

from local Soviets, their congresses and auxiliary

committees and from the Central Executive

Committee of Soviets of the Tajik Autonomic Soviet

Socialist Republic, as well” (D.V. Kuznetsov, 2015).

Thus, in the Tajik Autonomic Soviet Socialist

Republic the Central Executive Committee of Soviets

was forming its central body of executive power, that

was the Soviet of Folk’s Commissars, the Chairman

of the Soviet of Folk’s Commissars and his deputies

were parts of which. For managing every branch of

the society folk’s Commissariats were formed. The

leadership of these commissariats was realized by the

members of the soviet of Folk’s Commissars. Those

were the commissariats of: Domestic Affairs, Justice,

Enlightenment, Health Protection, Agriculture and

Social Supplement, as well as the one of Water

Economics Management. Besides that, the

Government of Folk’s Commissars of united Folk’s

Commissariats of the Uzbek Soviet Socialist

Republic had Financial, Labour, Trade

Commissariats, the Worker-Peasant Inspection,

Chairmen of the Higher Soviet of Economics and the

Manager of the Central Statistic Department under is

direct acting control.

For the first time in the history of Tajikistan, on

the Second All-Tajik Congress of Soviets, on April,

28,1929, the Constitution of Tajik Autonomic Soviet

Socialist Republic was adopted (Collected

Documents (1923-1937), 1959). The Constitution of

the Tajik ASSR pointed that for common governing

of the republic the Central Executive Committee of

Soviets was forming a Soviet of Folk’s Commissars

as an executive and administrative body and also

folk’s Commissariats for managing new branches.

On the base of this norm Folk’s Commissariats

were executive-administrative authorities of the state.

Bt our opinion, every commissar is seen as separate

performer towards the Central Executive Committee

and the Government of the republic, and a fulfiller of

administrative functions towards the objects of the

governing.

As distinct from the Constitution of Uzbek SSR of

1927 and the Constitution of the USSR of 1924 the

Constitution of the Tajik ASSR of 1929 was not

subject to considerable changes. The formation and

activity of the Tajik ASSR Government were set up

according to the Constitution and the inner subject

structure of the USSR. The number of folk’s

commissars as it has been mentioned above was 10

people.

Proceeding from the Constitution of 1929 the

TajASSR represented a socialist state of workers and

peasants, the dictatorship of working class with the

leading role of the Communist party attached to it.

As it was pointed by Imomov A.I., after the

formation of the Tajik ASSR, its first Constitution

had been adopted as a result of national-territorial

delimitation of the Middle Asia, though later a new

constitution of 1931, in which in 1935 an alteration

was made, was adopted. Thus, within a very short

period of time several periodic constitutional

innovations were realized (A.I.Imomov 2002).

5 CONCLUSIONS

Thus, in concordance with the RSFSR’s Constitution

of 1918 the Soviet of Folk’s Commissars is the

authority realizing the functions of the central body

of executive power. The All-Russian Central

Executive Committee of Soviets, the Soviet of Folk’s

Commissars are established for realizing common

governing of the Russian Socialist Federative

Republic, and the activity of separate branches of

managing is regulated by the Admin of the Folk’s

Formation of Constitutional-legal Bases of Tajikistan’s Central Executive Power Bodies in the Soviet Period (1918 – 1929)

Commissariat. These structures were headed by

members of a Soviet of Folk’s Commissars.

The People’s Soviet Republic of Bukhara was a

revolutionary-democratic republic of proletariat and

peasantry, what was a transitive stage to Soviet

socialist republics (S.S. Khromov, 1987.), from the

point of view of state formation. The organization of

the state power in the People’s Soviet Republic of

Bukhara was constructed by the pattern of the

RSFSR.

According to the Constitution of the People’s

Soviet Republic of Bukhara, the Government was

entrusted with common state managing. The

Government in the form of the Council of Folk’s

Stewards. Was incarnating the executive power and

„uniting and directing (Sh.K. Hakimov, 2012) “ the

activity of separate stewards, and also heading all the

economic and cultural life of the country.

It should be noted that the word “government” is

never met in the Constitution of 1924 or the USSR

Formation Treaty. The “Soviet Government” and its

derivatives had been used in the past in the context of

the Soviet Union and today is being as a rule used

informally – basically for a designation of all the

totality of state power and governing of the USSR.

The historical process of the creation of the

Bukhara People's Soviet Republic and its entry into

the RSFSR is inextricably linked with the national-

state demarcation in Central Asia, which led to the

creation of the national Soviet state of the Tajik

people.

National-territorial delimitation of the republics

of Central Asia influenced deeply the establishment

of the governing form on the territory of historic

Tajikistan. It is worth noting that the creating of the

Tajik Autonomic Socialist Republic within the Uzbek

SSR became the result of that act.

Till the Soviet period the territory of Tajikistan

had been divided into some parts belonging to

Turkestan and the Bukharian Emirate. In the period

of Soviet governing with the help of the RSFSR

Tajikistan managed to create its territory. In

connection with the fact that the country at the pre-

Soviet time was being under conditions of an Islamic

state-right system socialist changes occurred in the

conditions of the traditional society’s transformation

touching upon all the spheres of social and state life.

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