THE LAW FACULTY AFTER THE WAR
The years after the war are significant with the amendments in the life of the university. As mentioned in the previous chapter, in the second half of 1940– the beginning of 1950 the university advanced quickly, new chairs and faculties are opened, the rank of the professor and teacher staff and student contingent is strengthened. These years the place and ascendancy of the university in the socio – cultural life of the republic are increased. The university turned to leader educational institution of Azerbaijan, standart – bearear Azerbaijan science and culture.
But all of these, as well as, the building work got range in the next peaceful condition gradually caouldn’t be considered becoming free from problems of the university. There were considerable problems standing in front of the development process of the university mostly connected with material and technical problems and hindrances.
One of the chief problems is that the university didn’t have any educational buildings. Not only necessary equipment and apparatuses, laboratory and school supplies, even classrooms was not sufficing in the biggest educational institution of the country. But (10 groups was before) 26 groups of the first course had received only problem of room insufficiency especially in 1945/46 educational year. Therefore the university was obliged to work in two turns as before.
But the law faculty had met with the heaviest situation in this area. It had been placed classrooms in the building of secondary school as the faculty didn’t have any rooms. No conditions had received so heavy form that the lessons in the law faculty began after 6 p.m. Besides, the problem of textbooks and school supplies in native language was felt sharply in the faculty. Especially students of the first course met great difficulties when using Russian textbooks as they have poor knowledge in Russian language.
After the war there was great attention and interest to the development of social and humanitarian sciences and improvement of higher education in this prophile. Preparation of lawyer cadres was from this row. It was observed attaching serious importance to the forming of law education, quality problem of the activities of the law faculty in Azerbaijan. The problems about activities of the law faculty, preparation of lawyer cadres is discussed in the level of official of government, situation in the area of higher educational law was analysed.
It was clear from these discussions that there is insufficiency of lawyer having the high professionalism level in the country and government organs are dissatisfied from quantitative and qualitative indexes of the lawyer cadres in the republic. Behind of the dissatisfaction of the government organs was hidden the desire of establishing supervision on the law faculty. It can be seen more clearly in the letter of the Minister of Justice of Azerbaijan SSR dated on May 23, 1946 addressed to the chairman of the Soviet of Ministers. This letter touched to a few problematic problems connected with forming of the higher educational law written in the critical spirit which direct to the address of the law faculty of the university: «The law faculty of Azerbaijan State University preparae such persons that they can be used neither in courts nor in investigation case, except some cases… It is necessary to add that general education and law training of the students is not satisfactory. The reason was that the law faculty preparing cadres for Ministry of Justice and Republic Procuratory have no dependent on them».
We would want to stand on expression of "by various reasons" of the Minister of Justice stated in the text of the letter giving additional explanation. The problem is that when the same letter was written very little time had passed from Stalin repressions. But it was impossible to find such family, such generation at that time in Azerbaijan, generally, in all the USSR that they would get rid of the same terrible repressive measures. The relatives and close friends of the people who underwent to the repression of Stalin weren’t permittedto hold chief duties in state organs, party, soviet and even economy organs by the accusation of "family members of country traitor". It seems, when Minister of Justice used the expression of "by various reasons" marked these moments by beating around the bush. Because young lawyer whose relative undergone to the repression practicallyly was not possible to work in the organs of justice and office of Public Prosecutor at that time.
There were objective causes of the dissatisfaction from the standard knowledge of the young graduates of the law faculty of the Minister of Justice. Because before the war, or if complete measures is taken in the law faculty during the war or for the purpose of improving the knowledge level of the students and educational quality the received results aren't satisfactory. There were enough problems in the university and in the law faculty. Forming of the education in the law faculty was first of all in unsatisfactory level. Principal cause of was suffice of the high qualified professor-teacher cadres in the faculty.
Generally, since the law faculty created it had always been in the problem. Let us look at numbers affirming it. Totally 27 pedagogues were working in the law faculty at the beginning of 1946/47 educational year and there wasn't only one person being Doctor of Sciences, professor among them. There were 5 assistant professors and candidate of law sciences in the treateding time in the faculty. Let us note that majority of the professors invited to the faculty when the university arose are dead or returned back to Russia.
But let us note the suitable period that it wasn't correct to look for the root of this sorrowful situation in the law faculty of ASU. The problem is that the heavy situation had arisen in all the USSR in the area of higher law education that was showing itself in the law faculty of ASU. The work of putting in order the law faculty in the previous times had not been finished from the war; War had prevented this. Working in any level had not been possible in the war time. Vast majority of the higher educational lawyer cadres had not come back from the war in addition. The whole panorama of the situation probably, will be clear when hundreds of higher education lawyer cadres destroyed in repressions in 1937.
It was known to everybody that these problems in the area of higher law education were in the level of administration of the USSR . In Moscow is known that there are fundamental problems in the ripen of the lawyer cadres, work educational institutions giving higher law education and work of this educational institutions must be reconstructed. The decision of the Central Committee of REC(b)P on "measures of improving law education in the country" dated on October 5, 1946 must be seen from this context.
This decision had counted to liquidate hindrances in front of the development of law education. Let us say going some forwards that the same decision had important role in higher law education in the country, as well as, in the development of the law faculty of ASU. There wasn't any need to say any decision coming from Moscow hadn't imperative character for union republics at that time. Any order of the centre was implemented without discussion in the places.
AC(b)P Central Committee accepted a decision on "the situation of the law education in the republic and measures to improve it" dated on December 5, 1946 refering to the decision of REC(b)P CC dated on October 5, 1946. These decisions of the upper organs had created dynamics which seemed in the life of the law faculty of ASU. Both decisions were discussed in the scientific council of ASU and law faculty and corresponding plans for carrying out of the duties put forward in those documents. Let us note that at the same decision stated to fill the states of the constant teachers of the faculty, preparing of the post graduate lawyer students, publishing teaching supplies in Azerbaijan language, serious duties as to put in order the plan of the Student Admission, raising of the quality of teaching and training of personnel, complete with the help of the connected practical works with corresponding organs of the theoretical preparation of the students.
There were some articles considering wide opportunities to develop the higher law education in the decision of REC(b)P CC dated on October 5, 1946 and AC(b)P dated on December 5, 1946. There was great attention to prepare students not only in the organs of law-court and office of Public Prosecutor, as well as, in the organs of executive, clerical work and area of diplomatic service. According to the decision of REC(b)P CC dated on October 5, 1946 considered to prepare students for right faculties of the country and affirming new educational plan to organize the higher theoretical preparation of the students and their deeper owning to special subjects. According to the same educational plan period of 5 years education was applied in the law faculties of the country.
One of the measures implemented in the law faculty at that time had consisted of necessary steps in the direction of squeezing the connections of the activities practice of the organs of state apparatus, organs of justice, law-court and office of Public Prosecutor with/by theoretical preparation of the students, lawyer had been become stronger tradition of passing a probation in the corresponding organs.
The work carried out in ASU and as well as, in the law faculty soon will gave the benefit of intensive in 1946-47. The first cover of the textbook about the civil law has been translated into Azerbaijani and it was published in 1948.
Contingent of the students of the law faculty was considerably raised. So, if 50 students was accepted to the law faculty before every year, after the acceptance plan of the decisions shown above the acceptance to the faculty had been delivered to 150 persons in the year. And it soon showed its positive result. 700 students was already studying only in the full time department of the law faculty in 1949-1952 that there were many in comparison with beginning of these the 1940s repeatedly. High qualified lawyers had been begun used in the work of preparing of the cadres from the potential of the law faculty.
Students are involved to the scientific activities of the faculty in the more active form and it was especially being delivered to the creation of the scientific habits. Student Scientific Society was created in the law faculty in 1947. Besides, so the same years, student scientific circles were organized under the each chair of the law faculty. Faculty was already carrying out 70 lawyer student's scientific research work wer in the rows of Student Scientific Society in January, 1948. Professor and A.Babayev, İ.Karimov, İ.Asgarov, A.Milman, İ.Mammadov, G.Manayev, M.Malikova, M.Khalafov, M.Alasgarov, R.Orujov, A. Aliyev, Z.Qasımov, H.Madatov from teachers of the law faculty were the active members of the Student's Scientific Society. They had great services in the development of jurispendence.
The decision of REC(b)P CC dated on October 5, 1946 put forward the problem of ripening lawyer scientist, acceptance of post graduate course and doctor's degree on law speciality. The acceptance plan had been broadened according the fulfilment of this decision by the line of increased post graduate course and doctor's degree on law speciality. Administration of the law faculty had used these opportunities maximum. So, some of the students finishing the law faculty of asu by excellent and good marks and displaying interest to work in scientific research had been sent to continue their education in the institute of state and law of the USSR Academy of Sciences and Moscow State University. For instance, J.Abbasov, A.Aliyev, M.Alasgarov, İ.Alkhasov, F.Ahmadov, F.Davıdov, G.Manayev, M.Malikova, J.Movsumov at the end of the 1940ts had been accepted to the post graduate course in the authoritative science institutions mentioned in the USSR. Besides, many graduates of the law faculty of ASU had been sent to study in academy of social sciences under Sov.ECP Central Committee.
As it was marked plans and programs of new lesson had already been applied. New teaching plans and programs for faculties of philology and history had been sent from Moscow in January, 1947 and lessons was carried out in appropriate way to the same programs. One of the basic demands of Moscow was organizing scientific - methodic works in chairs and faculties. As above stated this work was taken to special attention by upper government organs at the second half of 1940s and this was this was the the reverberation of stailinist provisions of T.D.Lısenko against science contrary in 1948.
All works especially new postulate coming from the centre at that time in the area of teaching of the social sciences was built to theses in appropriate way. Educational - methods council was created in all universities of the country, in ASU near pro-rector on work of teaching in the March, 1949. It had specialized on sciences of law and economy one of 6 divides of the council. Council improved completely the teaching of some subjects.
The work in the area of developing higher law education in the country and preparation of lawyer cadres got its new phase and attained new maintenance by the deccisions of the Higher Education Ministry of USSR "on measures of increasing the political level of study of the law sciences" dated on May 9, 1949 and the order of AC(b)P on "position of social sciences in the higher scghools of the republic and development measures" dated in December, 1951. This order and decisions strengthened the intervention of the university a little. The most main demand put in front of the humanitarian faculties of ASU was consisted of rising more high level of preparing the students. But "the level of idea - political training" was intended to leninism-stalinism ideal blindly. Andthis wasn't a politics in reality to ripen the students as a specialist which served to be "adult soviet officer".
Rector of ASU, professor J.Hajıyev's letter (Jafar Khandan) dated on MArch 10, 1951 sent to the Ministry of Higher education of USSR is possible to see the development tempoes of the law faculty. The rector reported there by giving information about work carried out in the area of the development in the law faculty, in general about higher law education: «There was fundamental amendments in the law faculty of ASU after the decision of REC(b)P CC on broadening and strengthening the law education in the country dated on October 5, 1946. Last year Contingent of student, teacher and the post graduate student of the faculty has considerably increased previous during 5 years. But 2 assistant professors of the faculty have prepared and defended Ph.D. theses, 8 teachers candidates thesis. Now there is working 3 professors and Doctor of Sciences, 9 candidate of law sciences and 9 general teacher, 10 teachers and 17 the post graduate students in the faculty. Teacher and majority of the post graduate students has given the specified minimums of candidature and now they are working on the thesis, but 5 persons have finished their dissertation».
Let’s note that there wasn’t Scientific Council in the Law faculty of ASU at the beginning of 1950s. Rector J.Hajıyev asked The Ministry of Higher education of USSR in his letter to give him permission to open Scientific Council of the law faculty of ASu and the right to defend Ph.D. theses on civil law and criminal law. The rector grounded his position as below: «As there isn’t a Scientific Council having the right to organize and accept candidature theses in the law faculty near Sciences Academy of Azerbaijan SSR makes big difficulties to organize and accept candidature theses on law profession». This request was estimated positive by USSR. The works in this area began very soon. After it there was a great development in the preparation and defence of candidature theses and it stimulated the professor – teacher staff to rise high level and fastening scientific research works.
Scientific problems investigated in 1950 as thesis subject of the post graduate students and teachers of law faculty were about the problem of arising and development of the experiment of state building in our republic. So, the below stated persons had received the scientific degree by defending Ph.D thesis: F.Ahmadov "Organizing Azerbaijan SSR" J.Movsumov "The history of organizing the court in Azerbaijan SSR", A.Asadov "Family right in Azerbaijan", A.İbrahimov "Development of Soviet procuratory in Azerbaijan" İ.Karimov "cultural - ethics activity of Soviet State", H.Madatov "on ethical role of court". But theses of M.Alasgarov, A.Aliyev, A.Asgarov, A.Babayev, G.Mammadov had been devoted to the problem of international law and Turkey and state law of the Iran. the Ph.D. thesis of dean of the law faculty G.Mammadov in 1952-1962 in the subject of the Problems of people's democratic state in the South Azerbaijan in 1945-46 had been investigated. Dean of the law faculty in 1980-85 İ.Mammadov's Ph.D. thesis had been devoted to problem of fight on the basis of criminal law on production of harvests of bad quality industry. But Ph.D. thesis of B.Danielbey had been built on the problem of fight with crimes in the car transport.
Besides, in 1950s L.G.Shuster defended candidature theses in the subject of «sentence of Soviet Court and its law power», M.Malikova in the subject of «social – legal outlooks of M.F.Akhundov», M.M.Altman in the subject of «problems of soviet citizenship» and began scientific pedagogical activity in the law faculty.
Besides, teachers of the law faculty were showing activity in the process of preparing the textbooks and school supplies in Azerbaijani in 1950. Note that these textbooks and school supplies is counted for lawyer students as valuable books today. Between them there textbooks of A.İbrahimov "Organization of court and procuratory", G.Madatov wrote together with other authors "Civil processual law", V.Gahramanov "Soviet criminal law", "Criminal conception according to Soviet criminal law", "Punishment system in Soviet criminal law" and "Applicationa of punishment in Soviet criminal law", A.Asadov "Civi law", A.Asadov and N.Yusifov "about the principles of Soviet civil law" and "about the principles of Soviet Supreme law".
One of the important events happened in all university in 1950, including in the history of the law faculty. At that time the elections of professor-teacher staff and directors of chairs to the duties were put an end. So, according to the order of the Ministry of Culture of USSR dated on February 8, 1954 and succession affirmed by Higher Education Ministry of the head of 17 chairs the election of professor-teacher staff of ASU in the 1954/55 educational year and the first elections of the teachers and professor on 9 chairs had been held. Such election has also been in the law faculty and head of the doctor of law sciences, professor V.Qahramanov had been elected chair of criminal law .
One of very big events which seemed from the view prism of this day may be in the life of the law faculty strangely happened in 1950. The material and technical base of the university is observed, a few insufficiencies was liquidated. At last in summer, 1952, separate building was given to the law faculty and the lawyer students began their education in 1952/53 educational year in the building of the faculty. The law faculty had never had his separate building before. As mentioned above, the law faculty settles in the building of secondary school from the war the next first years and can use it him after 6 p.m.