Legislative Regulation of Prosecution Agencies’ Activities During the Years of Great Terror

Abstract

Peculiarities of legislative regulation of prosecution agencies’ participation in the Great Terror campaigns are defined. It was identified that the aim and task of legislative regulation of Soviet Ukrainian prosecutors (just as in other Soviet republics) were formed according to the plans of the Stalinist authority brought to public via the party meetings’ decisions, resolutions of plenums and party conferences later transformed into legal acts. Peculiarities of legislative regulation of prosecution agencies’ participation in the Great Terror (1937−1938) campaigns are defined. It was identified that the aim and task of legislative regulation of Soviet Ukrainian prosecutors (just as in other Soviet republics) were formed according to the plans of the Stalinist authority brought to public via the party meetings’ decisions, resolutions of plenums and party conferences later transformed into legal acts. The main motto of the Great Terror was the fight against «saboteurs» and «diversionists». But this idea didn’t arise in 1937 – the suitable background was presented: since the end of 1920s the Stalinist authority has made statements of active anti-Soviet movements. In mid-1930s special laws were adopted establishing the simplified procedure of pre trial investigation and court proceeding of cases concerning terrorist organizations and acts along with counterrevolutionary elements – saboteurs and diversionists. At the same time the priority tasks for the Great Terror prosecution were set not according to laws but the by-laws which were mostly confidential. According to the operative order of the People’s Commissariat for Internal Affairs (NKVD) № 00447 prosecutor’s participation in the pre trial investigation of cases fabricated by the state security services was not obligatory – instead they were members of special extrajudicial agencies – so called «triplets». Under circulars adopted by the Prosecutor General of USSR all Ukrainian prosecutors were obliged to direct the pre trial investigation procedures (practiced by investigators) towards the requirements of the state security campaigns. Illegal laws, executed by many prosecution employees, were a costly price and led not only to massive dismissal but in injuries and deaths.