Recommendations for preparing for the lesson

Consideration of the first issue is advisable to start with the causes and prerequisites for judicial reform. Next, you should indicate the regulatory framework of the reform, its main activities, revealing the main directions of the reforms: the reorganization of the judiciary, the creation of the prosecutor’s office, the institutions of bailiffs and people’s investigators, the re-establishment of the bar and notaries. For a better assimilation of the material, it is recommended to draw up a diagram of the judicial system for the reform of 1922, as well as to compare it with the measures of the judicial reform of 1864.

When preparing an answer to the second question , one should analyze the provisions of two procedural codes: the Civil Procedure Code of the RSFSR of 1923 and the Code of Criminal Procedure of the RSFSR of 1923. When characterizing the criminal process, one should indicate the principles of its conduct, participants, show the changes that occurred in 1920 -s yrs. in Soviet criminal justice since the Civil War. Also in this matter, attention should be paid to the restoration of some principles of the pre-revolutionary competitive process, to indicate the distinctive features of the Soviet process.

The third question is devoted to the codification carried out in Soviet Russia in the 1920s. It is necessary to focus on the causal and prerequisites for codification, the socio-economic and political conditions for its implementation, the bodies that carried out work to systematize Soviet legislation, and also dwell on its results in detail, naming the main codes adopted in 1922–1926.

Questions for discussion :

1. What are the causes and prerequisites for judicial reform in Soviet Russia in the 1920s?

2. What was the continuity of the Soviet judicial system in comparison with the pre-revolutionary one? What are their differences?

3. What principles of civil procedure were established by the Civil Procedure Code of the RSFSR of 1923?

4. What was the continuity of the criminal process in the RSFSR in the 1920s? with the principles of the pre-revolutionary process? What are their differences?

5. What caused the codification of Soviet legislation in the 1920s? What are its features?

Recommended literature:

Main literature:

1. History of the state and law of Russia: textbook / ed. Yu.P. Titov. – M.: Prospekt, 2012.

2. Isaev I.A. History of the state and law of Russia: a textbook. – M.: Prospekt, 2009.

3. History of the domestic state and law. Part 2: Textbook / ed. O.I. Chistyakov. – M.: Jurist, 2006.

Collections of documents and anthologies:

1. History of the state and law of Russia: Reader: At 3 hours – Part III (XX century). – T. I (1917 – 1920s) / comp. I.V. Bryzgalova, Yu.A. Perebinos. – Vologda: VIPE FPS of Russia, 2012.

2. Kutafin O.E., Lebedev V.M., Semigin G.Yu. Judicial power in Russia: history, documents. In 6 vols. / Scientific. project consultant
E.A. Skripilev. T. V. Soviet state / Ed. ed. R.S. Mulukaev, A.Ya. Malygin. M., 2003.

3. Domestic legislation of the XI-XX centuries: A manual for seminars. Part II (twentieth century). M., 2006.

4. Reader on the history of the state and law of Russia: textbook / Comp. Yu.P. Titov. – M., 2010.

5. Reader on the history of the domestic state and law. 1917 – 1991 / ed. O.I. Chistyakov. – M., 1997.

Additional literature:

1. Domrachev I.G. Judicial transformations in Russia in the 18th – 20th centuries: positive and negative results: author. dis. …cand. legal Sciences. M., 2008.

2. Klevtsov A.V. Reforming the institute of Soviet defense in 1921-1922. // “Black holes” in the Russian legislation. 2006. No. 1.

3. Klevtsov A.V. The first steps of the collectivization of the Russian legal profession (the second half of the 1920s) // “Black holes” in the Russian legislation. 2006. No. 2.

4. Korzhikhina T.P. The Soviet state and its institutions. November 1917 – December 1991. – M .: RGGU, 1995.

5. Kuritsyn V.N. Transition to NEP and revolutionary legality. M., 1972.

6. Slavin M.M. The Formation of Justice in Russia: 1917–1922 M., 1990.

7. Steshenko L.A., Shamba T.M. History of State and Law of Russia: Academic course. In 2 vols. T. 2: XX century. – M.: Norma, 2010.

8. Development of the codification of Soviet legislation. M., 1968.

9. Filonova O.I. Legal support of the Soviet judicial reform during the NEP period (1921 – 1929) // History of State and Law. 2012. No. 3.

10. Sheinis V.L. Formation of the USSR and its first Constitution // Russian History. 2010. No. 1.

12.3–12.4. The development of branches of Soviet law in the 1920s.

Practical lesson

The purpose of this lesson is to form students’ holistic and interconnected ideas about the process of development of individual branches of Soviet law during its codification in the 1920s. through developing the ability to work with the texts of the codes of the RSFSR of the 1920s, solving legal incidents with their help.

I. Theoretical part. In preparation for the lesson, it is necessary to study the following theoretical questions in educational and scientific literature:

1. The development of civil law under the NEP. Civil Code of the RSFSR 1922 Land Code of the RSFSR 1922

2. Family and labor law in the 1920s Code of Laws on Marriage, Family and Guardianship of the RSFSR 1926 Code of Labor Laws of the RSFSR 1922

3. Development of criminal legislation during the NEP. Criminal Code of the RSFSR 1922 Changes in criminal law under the Criminal Code of the RSFSR 1926

4. Correctional Labor Code of the RSFSR 1924: structure and main content.

Basic concepts : new economic policy; codification, codes, cooperative property, toz (association for cultivating the land), collective farm, artel, commune, labor farmers, labor rent, social insurance, de facto marriage, counter-revolutionary crimes, economic counter-revolution, speculation, measures of medical and pedagogical influence, special purpose isolators , labor colonies.

Recommendations for preparing for the lesson :

Preparation on the first question should reflect the changes that took place in civil law during the NEP period. Here it is necessary to characterize the main provisions of the Civil Code of the RSFSR adopted in 1922. In this regard, it is important to point out the appearance in the Civil Code of the concepts of legal capacity and legal capacity, the definition of objects that may be in state, private and cooperative ownership. It is also necessary to characterize the development of inheritance and law of obligations, paying attention to the restrictions on transactions. Independent coverage should be given to the land right, which developed in accordance with the Land Code of the RSFSR of 1922. In this matter, we should dwell on the fact that private ownership of land was abolished, but everyone was given the right to use land for agriculture, while labor rent was allowed and the use of hired labor.

The second question characterizes the development of labor and family law in the 1920s. when analyzing the content of the relevant codes. When considering labor law, one should show the changes that occurred in this industry during the NEP period, and also pay special attention to the concepts of “labor contract”, “collective agreement”, “social security”, “social insurance”. Describing the state of family law in the 1920s, note, first of all, what was meant by legal and de facto marriage, how the age of marriage changed, whether adoption was allowed, whether the community of property of spouses was recognized, etc. Based on this, draw a conclusion about what changes the Code of Marriage, Family and Guardianship of the RSFSR of 1926 made to Soviet family law.

When considering the third question, rely on the content of the Criminal Code of the RSFSR of 1922. Describing the development of criminal law, pay attention to how the concept of a crime is interpreted, to whom the criminal law applies, from what age criminal liability begins. Dwell in detail on the system of crimes and punishments under the Criminal Code of the RSFSR of 1922. Pay special attention to the group of counter-revolutionary crimes, name their varieties and specific compositions. Show the fundamental changes that the Criminal Code of 1926 introduced into Soviet criminal law.

In preparation for the fourth question , consider the process of developing and adopting the Correctional Labor Code of the RSFSR of 1924, briefly describe its content. The answer should contain information about the tasks, organization and regime of detention of convicts, about the system of places of detention and categories of prisoners.

II. The practical part involves solving problems based on the Soviet codes of the 1920s:

Option 1

Task #1

In July 1925, NEP Kuznetsov turned to the executive committee of the district council of workers’ and peasants’ deputies with a request to sell him an old locomotive and five wagons in order to use them for transporting goods. Kuznetsov had information that this locomotive and wagons, due to the high degree of deterioration, were going to be decommissioned and scrapped. What is the Board’s response?

Task #2

Citizen Vlasov, who owns a residential building, acquired in 1925 another house in the name of his wife. Are Vlasov’s actions legal?

Task #3

In 1924, the peasant Fefilov, who was called up to serve in the Red Army, leased out all the land that was in his individual use. Did Fefilov do the right thing?

Task #4

In 1924, the owner of a private confectionery factory, Filimonov, under threat of dismissal, forbade his workers to join a trade union. How will Filimonov’s actions be qualified? What measure of punishment can the court determine in relation to Filimonov?

Task number 5

In the summer of 1928, Ekaterina Ermolaeva, aged 19, and Semyon Klyuev, aged 24, decided to marry. On the eve of the registration of the marriage, the head of the registry office received an anonymous letter stating that citizen Klyuev hid from his future wife that he had two minor children, and Yermolaeva did not say that she had tuberculosis. What should the head of the registry office do? Will the marriage between Ermolaeva and Klyuev be registered? If this information became known after the marriage, how would the situation be resolved?

Option 2

Task #1

Ivanov learned that his neighbor Mironov designed the plane himself and assembled it from improvised means, and now he keeps it in his barn. In September 1926 Ivanov reported this to the police. Can a home-made aircraft be owned by Mironov?

Task #2

In 1923, citizen Nikolaev bequeathed all his property to five relatives. How will the inheritance of the deceased be divided, what share will each of the heirs claim if the property is valued at 520 thousand gold rubles, his debts amount to 20 thousand gold rubles?

Task #3

In 1924, the seventeen-year-old peasant Ivan Karpov, who, after his father Vasily Karpov’s departure to the city, ran his own household, came to the meeting of the agricultural artel. There, Ivan said that his father had transferred the entire household to him, and now he would take part in the gathering. But the chairman of the artel replied that, although he was aware of Vasily Karpov’s decision to transfer the farm to his son, Ivan could not participate in the meeting of the agricultural artel until he was 18 years old. Is the statement of the chairman of the artel correct?

Task #4

In April 1925, during the celebration of Easter, three peasants from the village of Pokrovskoye, Vologda district, beat the village correspondent Fokin for trying to desecrate the Easter cake. How can the actions of peasants and rural workers be qualified in accordance with the Criminal Code of the RSFSR? What punishment will they receive?

Task number 5

In February 1927, citizens Artemyev, aged 27, and Paramonova, aged 23, entered into a marriage and registered it with the registry office. After that, citizen Evseeva, 21 years old, applied to the court with a demand to recognize the marriage of Artemyev and Paramonova as invalid, because, according to her, she and citizen Artemyev had previously been in an actual, but unregistered marriage. As evidence, Evseeva provided the court with Artemiev’s letters to her, which contained information of an intimate nature. What decision will the court make?

Option 3

Task #1

The former landowner Kruglov and the former police officer Sokolov, who previously belonged to hereditary nobles, decided in 1923 to create a partnership, the scope of which was to be tailoring. Kruglov and Sokolov signed an agreement and applied for inclusion of their partnership in the register. But they were denied this on the grounds of the non-proletarian origin of the members of the partnership – belonging to the former exploiting class. Is the refusal of the authorities on this ground justified?

Task #2

In the summer of 1926, the middle peasant Sakharov offered his poor neighbor Stepanov to sell one tithe of land. Stepanov, in order to improve his financial situation, agreed. Is this transaction legal?

Task #3

In March 1924, the peasant Makarov turned to the chairman of the agricultural cooperative with a request to enroll him as a member of the cooperative. After some thought, the chairman allowed Makarov to join the cooperative. Did the chairman of the agricultural cooperative have the right to take this decision alone? Who was in charge of making such a decision?

Task #4

In 1925, the former lieutenant colonel of the Kolchak army, Samokhvalov, organized an armed detachment on the territory of China, which several times invaded the border regions of the USSR. During the last invasion, the detachment was defeated, and Samokhvalov was captured by the NKVD. Together with Samokhvalov, a member of his detachment, Chinese citizen Wang Lun, was captured. How can the actions of Samokhvalov be qualified? What punishment can be given to him? Will Wang Lun be prosecuted?

Task number 5

Olga Vavilova and Sergey Kaminsky were married according to the Orthodox rite in November 1927, but they did not register their marriage with the registry office. A year later, Kaminsky died without leaving a will. After his death, there was a house in which he and Olga lived after the wedding. Sergei’s only sister Tatyana claimed her rights to this house. She insisted that Olga Vavilova had no rights to the house, because legally, she was not the wife of her brother Sergei, because their marriage was not registered with the state authorities. Was there a marriage between Vavilova and Kaminsky? Is it possible to consider the fact of the wedding as proof of the marriage between them? Does Olga Vavilova have the right to legally inherit the house left after the death of Sergei Kaminsky?

Recommended literature:

Main literature:

1. History of the state and law of Russia: textbook / ed. Yu.P. Titov. – M.: Prospekt, 2012.

2. Isaev I.A. History of the state and law of Russia: a textbook. – M.: Prospekt, 2009.

3. History of the domestic state and law. Part 2: Textbook / ed. O.I. Chistyakov. – M.: Jurist, 2006.

Collections of documents and anthologies:

1. History of the state and law of Russia: Reader: At 3 hours – Part III (XX century). – T. I (1917 – 1920s) / comp. I.V. Bryzgalova, Yu.A. Perebinos. – Vologda: VIPE FPS of Russia, 2012.

2. Kutafin O.E., Lebedev V.M., Semigin G.Yu. Judicial power in Russia: history, documents. In 6 vols. / Scientific. project consultant
E.A. Skripilev. T. V. Soviet state / Ed. ed. R.S. Mulukaev, A.Ya. Malygin. M., 2003.

3. Domestic legislation of the XI-XX centuries: A manual for seminars. Part II (twentieth century). M., 2006.

4. Reader on the history of the state and law of Russia: textbook / Comp. Yu.P. Titov. – M., 2010.

5. Reader on the history of the domestic state and law. 1917 – 1991 / ed. O.I. Chistyakov. – M., 1997.

6. Reference and legal system “ConsultantPlus”, section “Legislation of the USSR and the RSFSR”

Additional literature:

1. Arsen’eva Yu.V. Exemption from criminal liability in the Soviet period before the adoption of the foundations of criminal law // Russian investigator. 2006. No. 3.

2. Borisova L.V. NEP in the mirror of show trials on bribery and economic crimes // Domestic History. 2006. No. 1.

3. Volzhenkin B.V. Bribery in the history of Soviet criminal law // Jurisprudence. 1993. No. 2.

4. Detkov M.G. Correctional labor camps in the punitive system of the Soviet state: Monograph. Vologda, 2004.

5. Dmitrenko A.V., Fargiev I.A. The history of the development of the criminal legislation of Russia on illegal armed formations or participation in it // History of State and Law. 2005. No. 5.

6. Klevtsov A.V. Reforming the institute of Soviet defense in 1921-1922. // “Black holes” in the Russian legislation. 2006. No. 1.

7. Klevtsov A.V. The first steps of the collectivization of the Russian legal profession (the second half of the 1920s) // “Black holes” in the Russian legislation. 2006. No. 2.

8. Korzhikhina T.P. The Soviet state and its institutions. November 1917 – December 1991. – M .: RGGU, 1995.

9. Kuritsyn V.N. Transition to NEP and revolutionary legality. M., 1972.

10. Limansky G.S. The development of Soviet inheritance law in 1918-1964 // History of State and Law. 2006. No. 4.

11. Markov V.P. The emergence of correctional labor as a type of criminal punishment // History of State and Law. 2006. No. 5.

12. Machkovsky L.G. Crimes against basic human rights in the criminal legislation of 1917-1996 // “Black holes” in Russian legislation. 2004. No. 3.

13. Pavlov A.N. Underworld of Leningrad during the New Economic Policy // History of State and Law. 2006. No. 6.

14. Petryanin A.V. Development of criminal legislation on liability for the manufacture or sale of counterfeit money or securities in Soviet Russia (1917-1991) // “Black holes” in Russian legislation. 2005. No. 3.

15. Polyansky P.L. Domestic marriage and family legislation: from the KZAGS of 1918 to the present day // Journal of Russian Law. 1997. No. 10.

16. Portnov V.P., Slavin M.M. The Formation of Justice in Russia: 1917–1922 M., 1990.

17. Potapova A.V. Land legislation of the 20s of the XX century as a way of forming the public consciousness of the peasantry // History of State and Law. 2006. No. 8.

18. Development of the codification of Soviet legislation. M., 1968.

19. Suleimanov A.A. Formation of the Doctrine of the First Criminal Code of the RSFSR // Black Holes in Russian Legislation. 2007. No. 1.

20. Shvekov G.V. The first Soviet criminal code. M., 1970.

21. Yalgubanov A.A. Russian legislation on land management // Jurisprudence. 2005. No. 2.

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