When preparing for the first question , attention should be paid to the fact that during the formation of the new Soviet law in the absence of intelligible legislation, such sources of law as revolutionary legal consciousness, legal precedent, and judicial practice come to the fore. In preparing for the lesson, it is necessary to understand what “revolutionary legal consciousness” is, how it manifested itself, who guided it, and in what conditions it acted. With the strengthening of Soviet power, new types of normative-legal acts also appear. When studying the topic of the issue, name and describe the main types of Soviet legal acts, describe the circle of bodies and officials authorized to adopt them, indicate new forms of laws and by-laws that are not characteristic of pre-revolutionary legislation.
Preparation for the second question should be devoted to the process of breaking down the old pre-revolutionary system of courts and the formation of a new – Soviet – judicial system. In this regard, it is necessary to disclose the content of the decrees on the court, to show what types of court were created in 1917–1918. It is necessary to characterize the system of local courts, the key element of which was the people’s courts consisting of a judge and several people’s assessors. Separately dwell on the procedure for the formation, competence and activities of the revolutionary tribunals.
When considering the third question, pay attention to the features of the development of property rights and the law of obligations, inheritance legal relations. When characterizing property rights, indicate the legal acts that formed the huge public sector in the Soviet economy; show what was the exclusive property of the state. Here it is necessary to reveal in comparison the concepts of personal and private property. Describing legal relations in the field of inheritance, indicate the regulatory framework and focus on the restrictions introduced by the Soviet government.
Studying the fourth question , it is necessary, first of all, to note that in the period under study, family law is being formed as an independent branch of law. Here it is necessary to point out the main legal acts regulating family legal relations (decrees “On civil marriage, on children and keeping books of acts of state”, “On divorce”, “On the separation of church from state and school from church”, etc.) . Special attention should be paid to the characterization of the content of the Code of Laws on Civil Status, Marriage, Family and Guardianship Law of 1918. It is important to pay attention to the understanding of marriage in Soviet law, the concepts of “civil marriage”, “church marriage”, the conditions for concluding and dissolving a marriage, the procedure establishing paternity, the rights and obligations of spouses in relation to each other and children. As a conclusion, show the changes in the field of family law with the coming of the Bolsheviks to power.
In preparation for the fifth question , consider the process of the formation of labor law as an independent branch. In this regard, describe the main decrees issued by the Soviet government in 1917–1918, dwell in more detail on the Labor Code of 1918. When studying sources, pay attention to the length of working hours, rest time, the introduction of paid holidays, the procedure for remuneration, issues of labor discipline, the system of social insurance and social security. Note the changes that have taken place in the field of labor relations after the issuance of the decrees of the Soviet government and the Labor Code of 1918.
Considering the sixth question , based on the Guiding Principles on the Criminal Law of the RSFSR of 1919, show the class nature of Soviet criminal law, at the same time pointing out the continuity of its individual norms in relation to pre-revolutionary criminal law. When characterizing individual institutions, pay attention to the concept of a crime, the age of criminal responsibility, mitigating and aggravating circumstances, goals and types of punishment.
II. The practical part of the lesson involves solving problems according to options based on regulatory legal acts of the first years of Soviet power:
In September 1918, the childless and unmarried engineer Prokhorov died in Petrograd. After his death, he left an apartment worth 30,000 rubles and home furnishings in it, valued at 10,000 rubles, as well as 25,000 rubles in savings. Can his 25-year-old brother, who works in court, and 30-year-old disabled sister claim Prokhorov’s inheritance? How will the property of the deceased engineer be distributed?
In 1919, 45-year-old Kolosov, a former member of the tsarist police, came to the polling station to take part in the elections of the local council. But he was denied the right to take part in the elections. Are the actions of local authorities in relation to Kolosov lawful from the point of view of the Constitution of the RSFSR of 1918?
Anna Petrova met with Vasily Ivanov for a long time. After some time, he left for another city for permanent residence and promised Anna that he would soon take her to him. A month after Ivanov’s departure, Petrova discovered that she was pregnant. She informed Vasily Ivanov about this in a letter, but he refused to marry her and recognize her unborn child as his own. Four months before the birth, Anna Petrova applied to the city civil registry department to recognize Vasily Ivanov as the father of her child and financial assistance in his maintenance. The registry office notified Ivanov of the application, but he said that he refused to assist Petrova in the maintenance of her child, since he married a woman with children. In December 1920, Anna Petrova had a son. Will Vasily Ivanov be recognized as the father of this boy? Does Anna Petrova have the right to demand from Vasily Ivanov assistance in the maintenance of her son? Should Vasily Ivanov participate in the upbringing of the boy and provide him with material support?
On the evening of January 10, 1920, when the store was already closed and the sellers were counting the proceeds, Grigoriev, who was in a state of intoxication, came up to its back door and began to demand that they sell him vodka. Watchman Landyshev, 45, first asked Grigoriev to leave, then demanded that he do so and even fired a warning shot through the window. Grigoriev did not leave, made a row, broke the glass in the window and entered into a fight with Landyshev, grabbing a gun with his hands and trying to snatch it. Fearing this, Landyshev hit Grigoriev on the head with the butt of a gun. As a result, Grigoriev received a concussion. Will citizen Landyshev be held liable?
Task number 5
In mid-May 1918, a food detachment led by Pyotr Borisov carried out the seizure of surplus food in the village of Filimonovo. In order to prevent the food detachment from taking a sack of wheat from her, the peasant woman Evdokia Loginova personally offered Borisov a bit of milk, a loaf of bread, a dozen eggs, a liter of honey, and an old silver pendant. Borisov agreed. Later, other members of the food detachment became aware that Borisov had received a bribe from Loginova, which they reported to the competent authorities. Which court will hear this case? To which court would this case have been referred if the events had taken place in August 1918 or December 1918?
In 1919, in the village of Lushkovo, Moscow province, a widower, formerly a village doctor, Ivan Aleksandrovich Krutikov, died. After his death, he left a house in the village, home furnishings in it, and household equipment. All this was estimated at 15 thousand rubles. Of his relatives, he had an adopted son, Grigory. By the time of his father’s death, Grigory was 25 years old, and he worked at a factory in Moscow. Can Gregory claim the inheritance? How will the property of the deceased be distributed?
The peasant Alekseev, who used the labor of five laborers in his household, was denied the right to participate in elections to the Soviets. Does the decision of the local authorities contradict the Constitution of the RSFSR of 1918?
Citizen Nikiforov worked for five months at a machine-building plant, and in August 1919 he transferred to the railway workshops, where he worked for another seven months. After that, he demanded a month’s leave for himself. The administration of the railway workshops did not let Nikiforov go on vacation, motivating their refusal by the fact that Nikiforov had not yet worked in the workshops for a full year. Is the decision of the administration in relation to citizen Nikiforov justified?
In early 1920, two dangerous criminals, armed with pistols, conspired to rob a state bank. In the middle of the day, they entered his premises, invited all the few visitors and workers who were there to raise their hands. Having taken possession of the money, the criminals headed for the exit. At that moment, one of the visitors, Romanov, unexpectedly put his foot on one of the criminals and he fell, and the second visitor, Pestovsky, knocked the pistol out of his hand with a lightning movement. From this pistol, Pestovsky fired at the second bandit and seriously wounded him. The bandits were arrested. Will Citizen Pestovsky be held liable?
Task number 5
In January 1918, I. Markov filed a lawsuit demanding the recovery of a debt of 2,300 rubles from his relative V. Markov. Which court will hear this case? Can it be reviewed if V. Markov does not agree with the court’s decision?
In December 1919, Alexander Osokin and Varvara Ukraintseva got married in the registry office. After this event, Varvara learned that her husband had been in another marriage for six months. The husband said that he was not going to hide it, but when registering the marriage, he signed the documents without reading them and without listening to the explanations of the registry office employee, because. was completely absorbed in the marriage procedure. Will the marriage between A. Osokin and V. Ukraintseva be recognized as valid?
The Pavlovsk district council granted Soviet citizenship to an Austrian citizen, worker Wolffang Ratzel, who was forced to leave the country, fearing police persecution for participating in anti-government demonstrations and propagating communist ideas. How lawful are the actions of the Pavlovsky district council from the point of view of the Constitution of the RSFSR of 1918?
Citizen A. Klimov got a job as a turner at the plant. The administration of the plant concluded a labor agreement with Klimov, which established the following working conditions:
1) Klimov was assigned the III category;
2) the amount of wages is determined in accordance with the tariff regulation;
3) wages are paid every week;
4) the duration of the work shift is 8 hours 30 minutes (the plant works on a six-day working week);
5) annual leave is granted – 15 working days.
Determine whether all conditions comply with labor laws? Have the rights of citizen A. Klimov been violated?
In January 1920, the worker Pushkarev, in order to save his family from starvation, stole 1 sack of grain from the territory of the food warehouse. What factors should the court consider when determining the penalty?
Task number 5
In January 1920, the worker Tokarev returned home and found his wife in bed with Prokhorov, the former bank owner. An enraged Tokarev threw Prokhorov out the window. As a result of a fall from the 3rd floor, Prokhorov died. During the investigation, it was established that Prokhorov, after the nationalization of the bank, lived on unearned income, speculating. Tokarev asked not to punish him, given the circumstances of the incident and arguing that at the time of the crime he was seized with a feeling of hatred for a representative of the class of exploiters. Which court will hear this case? Can he justify Tokarev?
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