Prosecutor’s Control over Inquiry Bodies, Pre-Trial Investigation and Judiciary in Soviet Ukraine During the Period of Agricultural Collectivization (1927–1933)

Abstract

Contents, forms, methods and legal grounds of prosecutor’s control over inquiry bodies, pre-trial investigation and judiciary in Soviet Ukraine during the period of agricultural collectivization (1927–1933). It is recognized that according to legal acts which regulated prosecutor’s activities in 1920-30s prosecutor’s key task was not defined as control over statutory compliance in the course of pre-trial investigation and trials but the activities carried out by these bodies in compliance to Stalin’s authorities. It is identified that in the process of agricultural collectivization prosecution was tasked to promote and support key political campaigns of the Communist party – this task was shaping the functional responsibilities of the prosecution. Performing the party’s tasks, prosecutors had to spend weeks and months in the country which resulted in neglect conduct (most of legally formalized methods and forms of prosecutor’s control over pre-trial investigation). Basically prosecutor’s control over pre-trial investigation was limited to criminal cases’ examination. First of all prosecutor’s identified whether the social and legal status was mentioned in case and whether the actions of accused were qualified in politically correct manner. Function of inquiry bodies’ control was transferred to investigators. Excessive load caused by participation in political campaigns also influenced the function of state accusation support in the court. Stalin’s authorities tasked prosecution to focus on «specific categories of priority cases – in appellate and first instance courts» – mostly it concerned so called «grain levy cases». During the period of collectivization ruling party obliged prosecution to direct criminal proceedings against kulaks who were victimized and suffered from constant accusations in sabotage along with raids among heads and members of collective farms suspected in «embezzlement of socialist property». Therefore Stalin’s authorities turned prosecution into a punitive agency lead by the ruling party with aim to implement «correct repressive policy» in terms of state political campaigns.