С.h.s, The Associated professor of the pulpit SHD KSU

Kalybekova M.CH

LEGAL SITUATION OF SPECIAL SETTLERS OF KAZAKHSTAN IN 30-40^th YEARS OF XX CENTURY

Резюме

Правовой статус спецпереселенцев в бывшем СССР, с самого начала был сопряжен с массовым нарушением прав людей. Во-первых, человек независимо от того, совершил он или не совершил вменяемое ему деяние, подвергался наказанию. Тем самым государство изначально ставило всех спецпереселенцев в юридически ущербное положение. Во-вторых, правовая ущербность, незащищенность, уязвимость всех выселенных сопровождались новыми нарушениями их прав и свобод. Только в середине 50-х годов политика государства по отношению к спецпереселенцам стала меняться. Первоначально наметились ее смягчение и либерализация, а затем и отказ от отдельных наиболее компрометирующих, антиправовых ее проявлений.

From the beginning the Legal status of special settlers in former USSR, was connected with transgressing of the rights of the people. At first, person was exposed to punishment, regardless of that, if he has made or has not made the crime conferred to him. Hereunder the government put in all special settlers in prejudiced situation. Secondly, prejudiced situation, vulnerability of all evicted were accompanied with new transgression of their rights and liberties [1].

Special settlers were restricted morally and social and deprived of elementary rights from beginning of their eviction. Right of safety of personal property of special settlers was not provided though this right was foreseen by government’s documents: delivery of special settlers’ agricultural stock, cattle, fodder of grain to the special commissions with the following refund them on the place of the settling.

The position of special settlers was characterized by the humiliating procedure of registrations, re-registration and register oneself in local commandant's office, NCIB (National committee of internal businesses ). Each step of special settler was controlled and any light transgression was stopped immediately.

In 8 of January1945 the Resolution CNC USSR "About legal position of special settlers " was issued where special settlers were formally defined as full rights citizens. As Nasedkin general lieutenant of MIB USSR explains, "person transferred on position of special settlers, uses all rights of civilian, as in payment of the labor, provision of housing-public feeding, trade and cultural-home institutions, excluding of right departure for limits of the region of the settling, including using of the next holiday" [2]. However this gratifying explanation is reduced to zero as soon as begins of enumerating of all restrictions in civil rights of special settlers.

Special settlers didn’t have right to remove for limits of the region of the settling without permit ion of the commandant of special commendation of NCIB. In separate valid events special settles were permitted to leave place of the settling for appointment with family. Leaving of heard of families, left on settling at camp for permanent place of living, to place of the residence of families, residing in the special settlement in the other region, can be resolved on special solicitation of the chief corrective labor camp in front of minister of the interior of the republic, chief MIB of area; otherwise absence without permission was considered as runaway and attracted for itself responsibility in criminal order.

Special settlers were strictly obliged to observe regime and established system and subordinate pointing and dictations of special commendation of NCIB. Special settlers were exposed to arrest and to exact of fine for infringement of regime and public order in the place of settlements. All criminal acts of special settlers were cognizable of camp court. There are separate matters in archive of Karlaga under stamp "in strict confidence", where "Alphabetical list of special settlers, which were run out from the places of settling and were in criminal investigation, detention and attraction to criminal responsibility" is kept [3].

According to Edict of the Presidium of the SUPREME SOVIET of USSR from 26 of November 1948 "About criminal responsibility for ran out from the places compulsory and constant settling of the persons, evicted to the remote regions of SOVIET UNION at period of the Domestic war", for running out without permission from places of the compulsory settling , the guilty person had up to responsibility and received 20 years of the backbreaking work. The materials about running out were considered on Special counsel under MIB of USSR - unconstitutional administrative-management organ, which executed will of ruling tops of the totalitarian mode. The severe punishment (the deprivation of the liberty for period till 5 years) expected the persons guilty in protecting of settlers, running from the places of the settling, or who promoted their runaway, persons guilty in issue of the permit to settlers to return them in place of former residence, and persons, which helped them to settle down in places of former residence. Workman, who was admitted to runaway were also proceeding to liability.

It is necessary to note and that special settlers had election right like other people. But whereas, special settlers according to their position could not have documents, certifying their personality, there is the instruction and acknowledgement NCIB USSR that document of special settlers on voting could be labor books, which protruded for one day. Special settlers, who were unemployed (the unemployment members of families - dependents), were to issued the special forms. The norms of operative and administrative service of special settles, and also control of their economic-labor arrangement were provided by "Position about special commends NCIB", confirmed by Resolution CNC USSR N 34-14s from 8 of January 1945 and declared by order NCIB USSR N 04 1945.

The whole operative work amongst special settlers was entrusted to cops (at special commend), which submitted to the chief of operative-chekist’s division. Administrative-economic functions and run of total management commandant were entrusted to commandants of special commandant.

For everyday management by activity of special commandant under Department of the Account and Distribution of Prisoners corrective Labor Camp (UITL).

were temporarily created groups from 2-3 persons senior surveyor for account available incompletion.

The total management of commandant's work of special settlers was entrusted to deputy of the chief of management on camp.

The Primary quantity of special settlers in accordance with directive MIB USSR N 68 from 24 of March 1946 and directive Main Management of Corrective Labor Camps (MMCLC) of the labor settlings and places of arrests and POXES MIB USSR N9/61020-38/2918 from 8 of April 1946 was entrusted to special command, which reported about availability and movement of special settlers before Department of the account and distribution of prisoners camp.

Running of personal account of special settlers, keeping of the personal materials was entrusted on commandant's headquarters, but quantitative account and reporting before Main Management of Corrective Labor Camps (MMCLC)of the labor settlings and places of arrests Department of the account and distribution of prisoners camp [4].

In spite of humiliation, special settlers were patriots in heavy time for country. Feeling distract of the authority, restrictions in civil rights, they have completely separated the grief and difficulties of the all soviet people. But special destiny of the war became the labor army. Developing stability and heroism on labor front, they have contributed the big holding to the national Victory that in history of the Great Patriotic War at years signified not less, than heroism on front military.

It was used labor of 76060 peoples of special settlers, including - a teenager from 14 still 16 years [5] in Narkomat, enterprise defense construction, where entered Tagillag, Altaylag, Karugol, Kuzbassugol, Bogoslovlag, Glavneft of stations Bokan and industrial defense organization, which as all workers of the enterprise also took the equal participation in labor ascent of public masses.

In the years of the Great Patriotic War the important meaning was the preparation the skilled workers for industry and transport. The State labor reserves since the first days of the war were one of the forms of the replenishment of worker class - in this system was realized broad preparing the skilled workers for the basic branches of industry, transport and construction. The Mobilization of young people in schools factory training (SFT), craft and railway school was conducted in the same way, either as mobilization in labor army, on the base of governmental document. In schools factory training (SFT) was called up youth (male at age 15-17 years and female at age 16-18 years), but in craft and railway school (male 14-15 years and female 15-16 years) [6].

Only in meddle 50-th years policy of government began to change their attitude to special settlers. At first softening and labialization of special settlers rules were marked, but then refused of separate compromising manifestations.

References:

1 Peoples who was deported : time and fates. Almaty: Arys - Kazakhstan, 1998, -428 p. (351).

2 Archives Karlaga, department of special settlers MIB USSR, .391.

3 Archives of Governing of Committee on legal statistics and special calculation of the Karaganda area, Archive 136,.5409.

4 Archives of the Committee on legal statistics and special calculation of the General Public prosecutor's office of RK, F.16, L.1, D.13.

5 Archives of the Committee on legal statistics and special calculation of the General Public prosecutor's office RK, F.16, L.1, D.13.

6 Committee on town-planning and architecture of RK, F.1109, L.2, D.28.