RIGHT OF REBELLION: ON THE PROBLEMS OF REHABILITATION OF PARTICIPANTS IN ANTI-SOVIET REBELLIONS IN KAZAKHSTAN

Yerkin Abil

doi:10.51582/interconf.7-8.10.2021.024

Abstract

Many participants in the anti-Soviet uprisings of the Kazakhs have not yet been rehabilitated. The obstacle to this is the norms of the laws of the Republic of Kazakhstan, which do not allow the rehabilitation of persons who participated in armed struggle and murders of representatives of the authorities and the military. At the same time, in international and national law there is such an institute as jus resistendi - the right of resistance or the right to rebellion. This legal institution enables the rehabilitation of participants of anti-Soviet uprisings due to the recognition of their natural and inalienable rights.

Highlights

Many participants in the anti-Soviet uprisings of the Kazakhs have not yet been rehabilitated
The current Law of the Republic of Kazakhstan "On Rehabilitation of Victims of Mass Political Repressions" classifies persons convicted of participation in an armed uprising for counter-revolutionary purposes as members of armed gangs and participation in murders and other violent acts, acts of terrorism, sabotage, as well as organization of armed gangs and participation in murders and other violent acts committed by them, as persons not subject to rehabilitation
As applied to the participants of the uprisings in Kazakhstan in the 20s-30s of the 20th century, we can unambiguously speak about the legality, in terms of the right to rebellion, of the rebels' actions involving the use of force against law enforcement officers, military personnel, pro-government volunteer paramilitary detachments (ChON) and representatives of the authorities

Summary

Introduction

Many participants in the anti-Soviet uprisings of the Kazakhs have not yet been rehabilitated. One of the directions of the work of the State Commission for the Rehabilitation of Victims of Political Repressions in Kazakhstan was the rehabilitation of participants of anti-Soviet uprisings in the early 20s and 30s of the 20th century.

Results

Conclusion