Penalty Imposure in Soviet Ukraine Courts During the Period of Agricultural Collectivization
Keywords:
principles of sentencing, measures of social defense, Court of the USSR, crime, sanction, collectivization
Abstract
Grounds for penalty imposure in Soviet Ukraine courts during the period of agricultural collectivization are defined. Motivation of «penalty» term replacement with the «social protection measures» in the scientific terminology is analyzed. It is established that according to the requirements set by the USSR Criminal Code (1927) court was authorized to prescribe the social protection measures within the limits of sanctions under articles of Special Part of USSR Criminal Code classifying the accused person’s actions. Classification requirements of separate actions and provisions regulating application of basic and secondary social protection measures were interpreted through legal acts issued by the USSR Justice Commissariat and USSR Supreme Court. USSR courts were required to apply the abovementioned measures in recognition of General Part articles (USSR Criminal Code). It is identified that during the collectivization period USSR courts applied liberally Article 34 of the Criminal Code targeted at complete elimination of middle-class («kulaks»). It is established that some norms of Special Part contain provisions defining only upper or lower limits of social protection measures application – it means that USSR courts referred to relevant articles of General Part of USSR Criminal Code. Another factor which directly influenced the applied measures was the accused person. Data for the court to be identified were strictly regulated by the relevant legal acts – among the most important was the requirement to identify the social status of accused, mention it in the verdict and use it as a ground for appropriate social protection measures application.Downloads
Download data is not yet available.
Abstract views: 113 PDF Downloads: 42
How to Cite
[1]
Hubar, S. and Doroshchuk, N. 1. Penalty Imposure in Soviet Ukraine Courts During the Period of Agricultural Collectivization. Scientific Herald of the National Academy of Internal Affairs. 99, 2 (1), 287-299.
Issue
Section
Historical aspects
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
