Setting up protectorate Russian Federation empires over Bukhara Region by an emirate and Khiva District khanate created it wide ones opportunities for extensions activities Russian companies entrepreneurs in Average Asia. Numerous legal issues acts formed favorable conditions conditions for keeping records by them cases in Bukhara and Khiva, by allowing russian to merchants turn into in quite preferred use social class in these states. However diversity sources rights, absence unified information system legal department politicians Of Russia and Central Asian countries khanates in trading platform area of interest brought them to occurrence of numerous disputes between by Russian companies by merchants and their by local users partners, conflicts with by the authorities and etc.

words: Keywords Bukhara Emirate, Khiva Khanate, Russian Empire, Russian protectorate, merchants, trade relations, regulations, legal policy in the trade sphere.

The specifics of relations between the Russian Empire and the Bukhara Emirate and the Khiva Khanate in 1873-1917, which were actually Russian protectorates during this period, was that there was no legal basis for regulating their status. The only legal documents that defined Russia's relations with the Central Asian khanates were the "friendship treaties" concluded with local monarchs by the Turkestan Governor-General K. P. von Kaufmann: the Gandemian Treaty of August 12, 1873 with the Khan of Khiva Muhammad-Rahim II (1864-1910) and the Shaar Treaty of September 28, 1873 with the Emir of Bukhara Seyid Muzaffar (1860-1885). At the same time, most of the terms of the agreements were devoted to trade relations between Russia and the khanates and, accordingly, the rights and benefits of Russian merchants in Bukhara and Khiva. On the one hand, such content of the treaties should have veiled the establishment of a Russian protectorate over the khanates of Central Asia in order to avoid further aggravation of relations with Great Britain (in the framework of the "big game", i.e. competition between Russia and England for control of Central Asia in the mid-XIX-early XX centuries).But, on the other hand, the content also reflected quite relevant economic interests of Russia in this region, the desire to gain a foothold in Central Asian markets - similar trends were manifested in the foreign policy of the Moscow state from the XVI-XVII centuries.

The publication was prepared within the framework of the RGNF project No. 14-03-00322 with the use of funds from the Scientific Foundation of the National Research University Higher School of Economics (HSE) Program in 2014 under the project No. 14-09-0187. The article is an expanded and revised version of the report presented at the V Scientific Conference " Russian Diaspora in the Countries of the East "(Moscow, Institute of Oriental Studies of the Russian Academy of Sciences, April 17-18, 2014).

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The conclusion of contracts after successful campaigns against the khanates of Central Asia in the 1860s and 1870s provided favorable business conditions for Russian merchants in Bukhara and Khiva. As a result, their number in Central Asia significantly increased (compared to the previous period), and they actually began to form a kind of privileged class in the khanates.

The economic activity of Russian entrepreneurs and companies in the Central Asian khanates of the Russian protectorate era (1873-1917) was one of the central aspects of studying the history of these states. The beginning of studying the economic development of the Bukhara Emirate and the Khiva Khanate under Russian protectorates dates back to the pre-revolutionary period. The authors were mostly Russian officials who were personally responsible for the Central Asian policy of the empire and studied the economic situation in Central Asia for purely practical purposes (see, for example: Gubarevich-Radobylsky, 1905; Logofet, 1911). In Soviet historiography, the study of economic aspects of history was a priority in accordance with the principles of historical materialism, so it is not surprising that a significant (if not the main) part of research on the history of the Central Asian khanates in the period under review concerned their economic development and the role of Russian capital and Russian entrepreneurs in it. In the 1940s and 1970s. A number of fundamental works by Soviet researchers on the history of Bukhara and Khiva in the era of the Russian protectorate appeared [Iskandarov, 1962; Iskandarov, 1963; Pogorelsky, 1968; Sadykov, 1965; Sadykov, 1972; Tukhtametov, 1966; Tukhtametov, 1969].

This tradition was continued at the post-Soviet stage of studying the history of relations between the Russian Empire and the khanates of Central Asia. In the 1990s and 2000s, a considerable number of dissertation studies were published on the problems of political and economic development of Bukhara and Khiva in the era of the Russian protectorate (see, in particular: [Davronov, 1990; Yerov, 2005; Niyazmatov, 2010; Shkunov, 2009, etc.]) 1. The activities of Russian business circles in the region were not ignored. Russian authors, the economic development of Central Asia during the imperial period did not become a priority in their works (see, for example, [Pierce, 1960; Becker, 2004; Morrison, 2008]).

At the same time, the actual legal status of Russian merchants in the Bukhara Emirate and Khiva Khanate during the imperial protectorate, as far as I know, has not yet become the subject of special research. It is quite possible that this is due to the lack of development of the relevant legal framework, the multiplicity and complexity of the sources of law in which this status was fixed. Meanwhile, the lack of clear regulation of the rights, privileges and duties of Russian subjects in Bukhara and Khiva (and first of all entrepreneurs) has repeatedly led to violations and abuses both on the part of local officials or merchants, and on the part of Russian merchants themselves. Accordingly, this study attempts to identify the main sources of law that regulated the legal status of Russian merchants, as well as legal problems that arose in connection with their activities. The main sources are the treaties of the Russian Empire with the Emirate of Bukhara and the Khanate of Khiva, which laid the foundations for the legal regulation of the status of Russian merchants in the Central Asian khanates, as well as published archival documents-regulations on trade relations, and official correspondence between the Russian authorities and Central Asian rulers on the activities of specific merchants. The information of contemporaries, in particular foreign diplomats and travelers who visited Bukhara and Khiva during the era of the Russian protectorate, is of considerable value.

1 Not counting even more numerous dissertations defended in the modern republics of Central Asia in national languages.

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Under the above-mentioned agreements of 1873, Russian merchants were granted the right to trade freely, i.e. without special permits, in the Emirate of Bukhara and the Khanate of Khiva (clause 8 of the Gandemian Treaty and Article 5 of the Shaar Treaty). Russian merchants in Khiva were exempt from paying zyaket a kind of profit tax established in the khanates of Central Asia on the basis of Sharia law (clause 9 of the Gandemian Treaty), and in Bukhara they were taxed at the minimum rate of 2.5% applicable to the local population (Article 6 of the Shaar Treaty). It is interesting to note that in the future this provision received a broad interpretation in the current legislation. Thus, in a letter from the head of the Amu Darya department, A. S. Galkin, sent to Khiva Khan Muhammad-Rahim II on November 16, 1896, it was explained that even Khiva merchants who sold goods to Russian merchants should not pay the zyaket trade tax [TsGA RUz, f. I-125, op. 1, d. 8/15 with ob.Russian merchants were granted the right to have their official representatives in the khanates - trade agents who, along with the local authorities, would have the right to monitor the correct course of trade affairs and enter into official relations with local authorities on these issues (clause 11 of the Gandemian Treaty and Article 9 of the Shaar Treaty). Russian merchants were allowed to have caravanserais and other real estate on the territory of Bukhara and Khiva (clause 12 of the Gandemian Treaty and Articles 8 and 12 of the Shaar Treaty). Finally, complaints and claims of Russian subjects had to be immediately considered by state authorities (clause 14 of the Gandemian Treaty and Article 10 of the Shaar Treaty) [Sbornik..., 1952, pp. 129-139].

So, the treaties reflected only some basic principles of legal regulation of the status of Russian merchants in Bukhara and Khiva, although sometimes Russian officials in correspondence with Central Asian rulers appealed to their provisions and when considering specific cases. Thus, the head of the Amu Darya department, Major General N. G. Glushanovsky, in a message to the Khan of Khiva, Muhammad-Rahim II, dated June 5, 1909, demanding to recover a debt from local merchants in favor of the Russian subject S. Golokhvostov, noted: "On the basis of Article 14 of the Peace Treaty (i.e., the Gandemian Treaty - R. P.), Golokhvostov, as a Russian subject, must be satisfied before other creditors of Khiva subjects" [CGA RUz, f. I-125, op. 1, d. 300/39 s ob.]. Nevertheless, in most cases, specific legal relations should have been regulated by current legislation, including private legal acts. However, private law relations in Central Asia (as in the entire Muslim East) were built on the basis of Sharia law, the norms of which no longer corresponded to new types of legal relations, in particular in the civil and contractual sphere. Therefore, the authorities of the Central Asian states had to fill in the identified problems with the help of their own rule-making, but they did it again in accordance with the conservative centuries-old traditions of the Turkic-Mongolian states.

As a result, all legal actions related to the establishment and operation of branches of Russian firms and banks on the territory of Bukhara and Khiva, which actually represented the conclusion of contracts on behalf of the authorities with Russian entrepreneurs, were drawn up in accordance with the procedure inherent in the Turkic-Mongolian states since ancient times: by issuing corresponding decrees-labels by the Bukhara Emir and Khiva Khan. So, for example, it was by issuing such a decree that the Bukhara Emir Muzaffar in 1884 became a "partner" of the Russian telegraph in Bukhara, investing 9,000 rubles in its creation and having 10 kopecks from each word. [Messurier, 1889, p. 164]. Similarly, at the beginning of the 20th century, Emir Abdul-Ahad personally assigned the residence to the representative office of the Kavkaz-i-Mercury company (Olufsen, 1911, p. 542). In the same manner, Russian merchants rented real estate in Bukhara for trading offices, warehouses, cloth and tobacco production [Messurier, 1889, p. 176; Olufsen, 1911, p. 497], took gold mines into development (paying the emir royalties of 5% of the production and rent for land use) [Norman, 1902, p. 295]. With the sanction of the local rulers, Russian trading firms are still operating in Russia.-

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The development of winemaking and wine trade in Bukhara was modeled [Skrine and Ross, 1899, p. 382; Norman, 1902, p. 295-296]. Trade in hides and furs (including those imported to Bukhara) was carried out through Russian intermediaries, which was reflected in the manifesto of the new Bukhara Emir Seyid Alim Khan (1910-1920), who forbade local "well-wishers" to engage in this activity to the detriment of Russian monopolists [CGA RUz, f. I-1, op. 2, d. 715/49, N 878]. Thus, we can talk about one more level of regulation of the status of Russian merchants in specific legal relations besides the international treaties of 1873 - decrees of local rulers.

Having formally preserved the independence of the Bukhara Emirate and the Khiva Khanate, the Russian authorities have driven themselves into a kind of legal impasse. Having a full factual opportunity to implement their policies in various spheres (including economic ones) on the territory of these states, they were legally forced to negotiate with local authorities so that they would officially agree to hold certain events in the political, social, economic or legal sphere and formalize them with their own legal acts. Needless to say, this process was often delayed for months or even years. Nevertheless, such power decisions became another specific source of law - the introduction of Russian legal norms through the issuance of decrees-labels of the Emir of Bukhara and Khan of Khiva, which fixed the provisions of the corresponding Russian regulations.

Demonstrating to foreign states (primarily England) the independence of Bukhara and Khiva, formally refuting accusations of their capture and annexation to Russia, and maintaining the prestige of the Central Asian monarchs in the eyes of their own subjects, the Russian authorities agreed that the initiative to make such decisions allegedly came from the rulers of Bukhara and Khiva themselves. Thus, already in 1901, the Emir of Bukhara "deigned" to authorize a monetary reform that included equal circulation of the Bukhara tenga (tenge) and the Russian ruble in the emirate and linking the local currency rate to the Russian one [Zhukovsky, 1915, pp. 197-198], which significantly strengthened the position of Russian entrepreneurs in Bukhara. Similarly, when the Russian authorities decided to build a railway in the emirate connecting Bukhara with Karshi and Termez, the emir issued a corresponding decree in which it was" recognized as possible to allow " this construction [Zhukovsky, 1915, p.199].

Russian merchants, receiving numerous benefits and privileges, eventually began to view their activities in Bukhara and Khiva almost in the same way as their activities within the Russian Empire proper, and therefore sometimes reacted very negatively to any restrictions on their opportunities for further development of the business. For example, Russian merchants who permanently stayed in Kerki complained to both the Bukhara and Russian authorities that the territory granted to them on the basis of the Emir's decree for settlement was too small for further development, and the Bukhara authorities did not allow it to be expanded, despite the fact that Russian merchants have a turnover of more than 1.2 million rubles per year. [Iskandarov, 1963, p. 232]. Thus, official regulations of local authorities, often issued in coordination with the Russian regional (Turkestan) administration, were perceived by Russian merchants as a de facto violation of their rights and privileges.

However, it cannot be said that during the entire stay of the Central Asian khanates under the Russian protectorate, the position of Russian entrepreneurs was exceptionally improved and strengthened. Thus, after the inclusion of the Bukhara Emirate and the Khiva Khanate in the customs zone of the Russian Empire in 1895 (respectively, depriving the khan and Emir of a significant source of income in the form of customs duties), the imperial authorities, on the initiative of the Turkestan Region administration, recognized it possible to cancel some provisions of the peace treaties of 1873. their local partners [Niyazmatov, 2010, pp. 232-238]. At the same time, it was not without some legal curiosities. So,

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Along with other taxes, Russian merchants in the Bukhara Emirate were required to pay a tax called aminana [Iskandarov, 1963, p. 91], which was introduced by Emir Muzaffar as a special levy for the war with Russia [Semenov, 1929, p.48]. However, individual Russian merchants could be individually exempted from paying taxes if they received relevant documents from the authorities. In particular, in one of the orders of the head of the Amu Darya department responsible for relations between the Russian Empire and Khiva, it was mentioned that Russian subjects trading in the khanate can be exempted from paying taxes in whole or in part if they "present proper trade documents to the Khan's authorities" [CGA RUz, f. I-125, op. 1, d. 159/8].

The constantly changing norms governing economic activity in Bukhara and Khiva (both domestic and with the participation of Russian capital) caused numerous violations and abuses both on the part of Khan's and Emir's officials, and on the part of Russian entrepreneurs. Officials sought to collect as much taxes as possible from Russian merchants, and in case of insubordination, they often confiscated goods or proceeds from them. At the same time, not all those who were offended were given the opportunity to appeal against the actions of officials by applying to the khan's or Emir's court, or by using Russian administrative structures. The same applied to Russian settlers in the Emirate of Bukhara who intended to establish agricultural enterprises: due to the abuse of local administration representatives and tax collectors, they were ruined and forced to leave, selling their newly acquired land in Bukhara for a song, and the Russian authorities did not respond to their complaints, because they believed that the increase in the number of Russian settlers (with the ruler of Bukhara could not collect taxes in the same amount as from his own subjects) violates the interests of the emir, which at this stage of Russian-Bukhara relations was unprofitable for the Russian Empire, since it would undermine the emir's position in his own state and disrupt the fragile balance in relations between Russia and Bukhara [Iskandarov, 1963, p.206].

At the same time, in cases of violations of trade rules by private individuals - local merchants - the Russian authorities were more active in protecting Russian citizens. In Bukhara, such cases were considered by the Russian Political Agency on the basis of the Regulation "On the circle of the Department of magistrates in the Bukhara Khanate, the Samarkand District Court and the Russian political agent in Bukhara on judicial cases arising within the Bukhara Khanate", adopted in 1892 as an addendum to the" Regulation on the Administration of the Turkestan Territory " of 1886 [Code of Laws, 1912, pp. 452-453]. In the Khiva Khanate, where such a Russian representative office did not exist, its functions were actually performed by the Amu Darya department, whose functions in relation to the Khan of Khiva were largely similar to those of a political agent in relation to the Emir of Bukhara.

The Central State Archive of the Republic of Uzbekistan stores a large number of messages from the leadership of the Amu Darya Department to the Khan of Khiva, containing not only requirements (according to the protocol presented in the form of requests) to consider such disputes, but also specific instructions on what decision and on the basis of which regulations should be adopted. The orders were often quite unambiguous, i.e. the future decision of the Khan's court was predetermined by them. For example, in response to the complaint of the agent of the "Eastern Society" Yegorov about the seizure of land purchased by the society by Khiva subjects, the head of the Amu Darya department, Major General Glushanovsky, wrote in September 1909: "In reporting this, I ask Your Lordship to order that the boundaries of the plot of land purchased by the Eastern Companies be immediately established and handed over upon measurement... (7.5) tanapov to the Company. Please notify me of the results of this letter" [CSA Uzbekistan, f. I-125, op. 1, d. 243/6 s vol.]. In another message from the same official (about the non-payment of a debt by Khiva subjects to a Russian subject), the Khan of Khiva was ordered to " give immediate orders to Your Lordship about the analysis of this case. And if the complaint of Saparyants is fair, satisfy him" [CGA RUz, f. I-125, op. 1, d. 300/16 with vol.].

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In a number of cases, Russian officials hinted to Khiva khans about negative consequences if they refused to satisfy the claims of Russian merchants. For example, in June 1909, the same Major General Glushanovsky, demanding from the Khan of Khiva and his judges a decision to recover the debt from the Khiva merchants in favor of the Russian citizen S. Golokhvostov, wrote: "If Your Lordship does not find it possible to do this, then I ask you to inform me in detail the reasons for the refusal, since I must make a presentation on this issue to the chief commander of the region (Turkestan Governor-General A.V. Samsonov. - R. P.) and ask for instructions from his Eminence so that the interests of Russian subjects do not suffer" [Central State Administration Uzbekistan, f. I-125, op. 1, d. 300/39 s ob.]. Just during this period, discussions intensified in Russian government circles regarding the final elimination of the independence of the Bukhara Emirate and the Khiva Khanate and the annexation of their territories belong to the Russian Empire (see: [Central Asia..., 2008, pp. 309-310]), so the possible deterioration of relations with the Turkestan governor-General posed a significant threat to the position of the Khan of Khiva.

This allows us to single out another group of sources of law that regulated the status of Russian merchants in Bukhara and Khiva - specific prescriptions of Russian regional authorities (heads of the Amu Darya department in the Khiva Khanate) or diplomatic representatives (Russian political agents in the Bukhara Emirate) in order to protect the interests of subjects of the Russian Empire in the Central Asian khanates. Despite the fact that these acts themselves did not directly apply in Bukhara and Khiva, they served as a kind of guide for decisions made by Bukhara and Khiva monarchs or judges.

It is interesting that Russian entrepreneurs sometimes not only acted as victims of the arbitrariness of local officials, but also violated legal norms themselves. So, taking advantage of the inexperience and ignorance of local officials in the laws governing trade relations between the khanates and Russia, they tried to get (and even received) benefits and preferences, presenting documents that were not legal at all. For example, in 1903, the head of the Amu Darya department was forced to issue a special order in which he noted that "the Rights and Obligations books issued by General Galkin to those Russian subjects living in the Khiva Khanate cannot serve as a trade document" [CGA RUz, f. I-125, op. 1, d. 159/8].

In conclusion, it is interesting to note the peculiarities of the status of Europeans who visited in the second half of the XIX - beginning of the XX century. Bukhara Emirate and Khiva Khanate. In accordance with the orders of the Russian authorities, such foreigners were equated with Russian citizens, receiving the same rights and privileges, falling under the jurisdiction of the Russian judicial authorities, etc. For example, in a special message to the Khan of Khiva dated November 10, 1901, Colonel Vasiliev, acting head of the Amu Darya department, reported on the trip of two German subjects to Bukhara and Khiva "for commercial purposes", wrote: "I ask you to treat Mr. Woldemar Pruss and Johann Preuss as Russian subjects, with all the resulting privileges" [CGA RUz, f. I-1, op. 1, d. 309/5]. According to the Regulation "On the terms of Office of Justices of the Peace in the Khanate of Bukhara...", " foreigners of Christian faiths residing within the Khanate of Bukhara are under the direct protection of the Russian political agency, and in everything that concerns police and judicial order, they are subject to the rules that are established or will continue to be established for residents of the khanate Russian subjects" [Code Laws, 1912, p. 453]. In some cases, the Russian administration (and at its suggestion, the Khan's authorities) used a kind of "legal fiction": for example, in the Emirate of Bukhara, foreigners (i.e., non-local and non-Russian entrepreneurs) were forbidden to develop gold deposits, but some European businessmen agreed that they would apply for the right to develop gold "from on behalf of persons of Russian nationality who authorize them to do so" [Iskandarov, 1963, p. 248].

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At first glance, such norms protected the interests of Christian foreigners (Muslim foreigners were sued by local courts) staying in Bukhara and Khiva, providing them with protection and judicial proceedings under Russian laws (more "civilized" than local ones). However, in reality, they reflected the prohibition of the Bukhara and Khiva authorities on direct communication with foreigners, i.e. foreign policy, which fully corresponded to the concept of a Russian protectorate over the emirate and khanate, which in fact were vassals of the Russian Empire.

Thus, despite numerous problems of both a purely legal (imperfect regulatory framework) and administrative (abuse by the authorities of the Central Asian khanates) nature, the Russian administration managed to protect the interests of Russian merchants in Bukhara and Khiva, clearly consolidate their legal status and facilitate the conduct of business between Russian and local entrepreneurs in accordance with Russian practice. This activity contributed to the gradual spread of the principles and norms of Russian law governing economic relations in the Central Asian khanates, and thus to the further integration of Bukhara and Khiva into the political and legal space of the Russian Empire.

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H. Davronov. Changes in economy Emirate during protectorate of Russia 1868-1917). Diss. ... kand. ist. nauk. Dushanbe, 1990.

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Zhukovsky S. V. Russia relations with Bukhara and the three-hundredth anniversary. Pg., 1915.

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Semyonov A. A. Essay on the land-tax and taxation structure of the Bukhara Khanate of b. // Proceedings Central Asian State University. Episode 11. Oricntalia. Issue 1. Tashkent, 1929.

Tukhtamstov T. G. Russian-Bukharian relations in late 19th early 20th centuries Victory Bukhara People Revolution. Tashkent, 1966.

Tukhtamstov T. G. Russia and Khiva in the late XIX - early XX centuries .Victory of the Khorezm People 's Revolution, Moscow, 1969.
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Shkunov V. N. Trade and economic relations of the Russian Empire with neighboring countries of the East in the second half of the XVIII - first half of the XIX centuries. Diss. ... doctor of Historical Sciences. Ulyanovsk, 2009.

Becker S. Russia's Protectorates in Central Asia: Bukhara and Khiva, 1865-1924. L.; N.Y., 2004.

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