AN UNSUCCESSFUL ATTEMPT TO OPEN LAW FACULTY IN 1919
The faculty of law is one of the biggest, the most authoritative and the greatest faculties of Baku State University which is one of the biggest educational institutions of our country today. The history of the faculty of law is also rich and great – it is nearly at the same age with BSU. When casting a glance to the history of the law faculty it is clear to see that the necessity of its creation has been as like of the necessity of forming the university. So, when the university created it is considered to create first with the structure of history and phylology with oriental studies branch, physico-mathematics, medicine and law faculties and the necessity to open the law faculty got its reflect in the law “on establishing state university in Baku city” dated on September 1, 1919 accepted by the parliament of Azerbaijan Democratic Republic.
So, the creation of the law faculty of Baku State University laying the foundation of High law education in Azerbaijan had depended on social and political, socio-historical necessity. National and state interests of the Azerbaijan people that put into the middle by the act of state independence of social objective laws of development of the society dated in May 28, 1918 to declare the creation of its new, independence, democratic and civil state demanded to establish it.
While speaking about the necessity of a law faculty giving law education it is necessary to value the existing social situation of Azerbaiajn at that time. How was the situation in Azerbaiajn during the beginning of XX century? The brief answer is: Azerbaijan which has declared itself an independent, national and complete state wanted to build new kind, literate, civilized, democratic society at that time, but national cadres, local intellectuals were almost no, the worst thing was that total illiteracy, backwardness, ignorance was reigning in the country in the same time. It wasn’t necessary to explain that building the national state was impossible at that situation. It was clear that the national state was difficult without educated and trained cadres even, it was impossible.
Administration of the new national government understood this well. Since the first days when Azerbaijan Democratic Republic started its activity durable efforts showed towards of creation of the higher educational institutions, strengthening enlightenment affairs provoked from this necessity. The necessity of opening higher educational institution which will be able to give high qualified lawyer cadres in the country was such kind; this necessity stands in the daily even more sharp. The problem was that there were a few hundred persons who were higher education specialist when Azerbaijan got state independence total in our country and their majority had studied on exact sciences and science, i.e. especially they were doctors and engineers. At that time on pure humanitarian and social sciences, as well as, Azerbaijanian which has studied on jurisprudence speciality soon showed negative results of being almost not of the cadres.
When Azerbaijan democratic republic started its new kind of state that lean on the principes of the idea of national state and the highest of human rights, in some spheres as well as the reforms made in the systems of court, law, justice, finally when wanted to make relations with equal rights with foreign countries the necessity to cadres who know international law deeply appeared. The administration of national government began to emphasize the necessity of forming high law education.
For example, it can be shown as Azerbaijan Democratic Republic being connected with problems of system of judicial and legal statement printed on December 29, 1918 the number of the "Azerbaijan" newspaper of the Council of Ministers. Chairman of the Council of Ministers was separately being touched of the government to the problem of necessity of the creation in the country of normal judicial and legal system dated on December 26, 1918 meeting of the parliament. At the same document stated that: "Judical area stands in the row of problems paid special attention by government. Any state cannot exist without law-courts. Any administrative bodies cannot substitute the law-court. All and every kind of motions must pass from the correct legal proceedings from one hand; on the other hand let them understand the sins of being accusation, let truthfulness of the activities and position of the state organs which have become clear. Otherwise cannot be faith to justice in citizens. Therefore one basic duties of the state must be building judicature correct. Court of Justice must be close to people. Therefore population entering to the touch with law-court organs must understand being what to say the law-court. Judicial system that all population will be able to understand all of these in our country must be created".
But as we have already stated, at those times there wasn’t educated cadres in our country to create such perfect judical - court higher education lawyer system. This difficulty had shown itself during the time of forming of the Baku State University. The chiefs of the government of people Republic the initiators of the idea of opening Baku State University being the first higher educational institution of Azerbaijan had shown big efforts to achieve the forming of the law faculty. The negotiations between professors of the Transcaucasia university and government representatives carried out in Baku connected with problem of forming of the State University had got such agreement that law faculty must be among faculties of the university. "Azerbaijan" newspaper payed special attention about the news to the same suitable agreing presented in its number on April 11, 1919: "The University will act in the composition of medicine, literature, law and oriental studies departments since September of 1919."
One of the basic priorities of government of people republic was the humanities as well as, forming of the higher education on jurisprudence in the university. When Nasib bey Yusifbaili explained the activity program of the cabinet of new government which has headed to next booth of the national government in front of the parlamentaries on April 14, 1919 declared the necessity of teaching the social sciences in the country after Fatalikhan Khoisky. When "Azerbaijan" newspaper dealt with the same program in its number dated on April 16, 1919 the head of the government had written that he paid special attention to humanities in the university, as well as, opportunities on law education.
But to June 1919 the the discussions about the problems of forming Baku State University changed situation. At the end of May it was already known that it would not possible to open the university in the composition as considered before. But weread from the articles prepared from the meeting of the commission of university organized at 19th of May, has hold its first meeting at 21st of May in two days in 1919: “The opening of the university cannot prolong more than Autumn of this year”. The university must be formed with the composition of two departments – history-filology and medicine that it will be available to start trainings at the considered time.
Apparently name of the faculty of law does not list when dealing with faculties prepared to do preliminary work opening here. And naturally to say that department of law will begin the university to its activity of without having the faculty of law. The reason was connected with the factor of insufficiency of difficulties forming the material and technical base of the university and corresponding cadre. But just here we can state that it was economy that university commission came.
The University commission connected with founding of the university and people had presented the letter of explanation, regulations of the university, temporary states and estimate of the university consisting of faculties of history – phylology and medicine department of the faculty of oriental studies for the 1919/20th educational year concerning to this project to the Ministry of Education at 31st of May. Commission had wanted 3.5 million manats means forming and for supplying the university from the government. But Rashid khan Kaplanov, the minister of public education has increased this sum to 5 million manats when presented these documents to the discussion of the Council of Ministers.
Government had made corrections to the project presented by university commission. This correction was connected with the number of the composition of the departments. The Council of Ministers has looked through the bill and changed the primary variant about opening the first 4 courses of the faculties of history - phylology and medicine. At that time newspaper of "Zarya" published in Baku touched the problem in its number dated July 9, 1919 that "in 1919/20 education year of the government decided to open the first courses of law, physico – mathematics and historical – philology departments and the first four courses of the department of medicine".
But the things considered in the estimate presented by the university commission to the Ministry of Education, or the Council of Ministers became true. Azerbaijan parliament accepted "the law about creating state University in Baku" in the last editorial office on September 1, 1919. Law intended founding of the State University consisting of four faculties – history – philology department, department of oriental studies, physico-mathematical, right and medicine departments in Baku. Nevertheless the temporary state and estimate was determined for a period of one year (since September 1, 1919) for the two departments of the university – department of medicine composed from four courses and hystoric – philology departments with one course and despite of the desire of the government openning the faculty of law (the department of physico-mathematical simply) had not be possible purely according to the insufficiency of material and technical causes and lawyer cadres.
But all of these were not to say being impossible of opening of the faculty of law in general. Parliament had given the right to ask means from the government for opening law and physico-mathematical departments to the university council. Besides the right of the university establishing new departments has remained that gave freedom to the problem of forming the faculty of law if corresponding condition will arise in future.
No matter that it was impossible to open the faculty of law in September, 1919 it did not mean that the government stay indifferently to high education of Azerbaijan students. So, Azerbaijan parliament has accepted one more necessary decision on September 1, 1919, i.e. the means for getting higher education abroad have allocated for 100 azerbaijan entrant and students. There were some entrants and students between them sent studing in the authorative universities of Russia and Western Europe. The number of them were 7 persons: Mammad bey Qaracaamirlinski, Teymur bey Vakilov and Mirabdülaziz Seyidov was sent to study in Russia, Mehmet Rash Bospalizadeh (if he acceptes the citizenship of Azerbaijan), Abdin Mirqasımov, Mustafa agha Vakilov and Asad bey Aghabayov sent to Western Europe to get higher education.
The efforts in the direction of providing Azerbaijan Democratic government with Lawyer cadres, more exactly organizing the department which must be engaged in preparation of High lawyer cadres in the university ended as this. Regarding with the disintegration and occupation Russian – bolshevic of public republic in April 28, 1920 a new stage has begun in the history of Azerbaijan as well as, in the life of the university. As we stated at the previous chapter the bolshevic – soviet leadership of the republic had paid special attention to the development of the university speaking from social interests.
In the beginning of the 1920 large-scale structure reforms were implemented in the university, new departments were created and chairs educated on new specialities was organized. In the result of these reforms carried out to educational conception and interest of the new authority in appropriate way Law faculty (of course, after reforms) was created. But implementation of this idea had been impossible from the first effort. The first such serious initiative of forming the law faculty was in 1923. But SSR soviet of people commissars of Azerbaijan accepted a decision about “forming the course of High social sciences attached to the Institute of Oriental Studies and Social sciences”on June 27, 1921. The necessity of preparing the higher educated lawyer cadres suitable for working in the diplomatic service was marked in the same document in the country.
This decision helped to form the education of the academic law in the republic. It is right that any agency was not established under the influence of this decision. But the respected document made the establishment importance of forming of the law faculty much more important. So the cutting need of academic education of the republic showed itself strongly at that time. Problem of creating the law faculty at Azerbaijan State University was involving the attention of the community and party-soviet organs in more degrees. This problem put forward in the republic consultation of the workers of justice organs held in 1922 and it had been protected by consultation participants unambiguously. One of the hottest supporters of opening the law faculty of the university was Azerbaijan Justice Commissariat. Justice Commissariat had supplied to Education Commissariat of People with a special letter the necessity of opening the law faculty at Azerbaijan State University in 1922 and they asked to assist the organizing of this faculty soon. Enlightenment Commissariat of People in its turn discussed the letter of the Justice Commissariat in the session of board and had informed positive attitude to the offer. Also collective of Azerbaijan State University had applauded the offer. Apparently both directive organs and the collective of the university seem to be pleased in the forming of the law faculty and were ready to begin the work in this direction. But the opening of the law faculty was impossible in that year. This time the forming of the faculty was postponed due to insufficiency of the qualified teachers who will work there.
The meeting of history-philology faculty of the university was held on February 7, 1923 and the problem of forming the faculty again in its base and to establish the faculty of social sciences was discussed in the same meeting. It was decided in the meeting that presentation should be given to the university council about overturning the faculty of social sciences to the history-philology faculty. It had been intended organizing the faculty of social sciences in the composition consisting of three departments, department of language, social-history and the law faculty. It was also said in the decision of the faculty that, there are should be held lessons on the following subjects in the new faculty: historical materialism (according to the decision the subject is to taught by historian, philosopher, or economist scientists); social historical formations (the course is to taught by historian and economist scientists); soviet constitution (teachers of state system should teach the lessons).
Any problems weren’t happened in the creation of language and social-history departments during the time of forming of the faculty of social sciences. So, unique of parts intended for the same departments was completely corresponding to the parts of the social-philology faculty. In other words there was staff of necessary cadre being, scientists and teachers for organizing these departments.
According to the law department the situation was very complex. So organizing the first faculty of law department it was known that at least 3-4 high qualified lawyers would be necessary to involve for cadre of teaching here. This fact was marked in the project of creating of the faculty of social sciences and the same project was presented to the discussion of the university council. Education Commissariat taking the point of the decision of ASU decided on the February 26, 1923, anew organizing history-philology faculty of the university should be taken into account of preparing the exact plan of overturning to the social-sciences faculty. The task of the directive organs was guided impossible of the reality of opening of the law faculty due to causes shown above.
So history- philology faculty was overturned to the faculty of social-sciences which consisted of history, language and economy departments on April 19, 1923. In spite of opening of the law department in this faculty, one of its four faculties The Soviet Constitution Chair was teaching the subject of state system and state law. So, law professor V. A. Udintsev was giving lectures there.
Reforms of structure carried out made fundamental changes in the functions and structures of this university from the middle of 1920th years. In these years the amount of professor-teacher, students contingent was increased quickly. At the time being the mission and the face of the university changed quickly. It is true that university was growing, faculty establishment, and processes of opening of the new chairs and specialties was going properly.
At the same time of being under the control of state organs had not also negative sides but also positive sides and it is impossible not taking it into value. The problem was about first of all making stronger the material and technical base of the university, to create its library, opening of the chairs, involving professor-docent, new teachers for the university and new faculty, increase the number of students, making the study of Azerbaijan language compulsory, carrying out Turkish policy in the university.
It is worth to note the process of forming of the university. University played a great role to reduce the cadre insufficiency of the Soviet government and making new qualified specialists for itself. Not having enough qualified cadres working in the party, soviet, and agriculture administrative and state organs the government tried to let dynamics and systematic activities be in the work preparing national cadres. The work of creating new faculties speeded up from the middle of 1920th years.