Recommendations for preparing for the lesson

The first question is devoted to the sources of Soviet law in the 1930s. When preparing for this question, one should pay attention to the fact that in the 1930s in the USSR no new codes of law were adopted compared to the previous period. At the same time, large-scale work was carried out to adopt certain normative legal acts in the field of civil and family law, as well as to amend the Criminal Code of the RSFSR of 1926, the Code of Criminal Procedure and Civil Procedure of the RSFSR of 1923. Therefore, when answering, it is necessary to name newly adopted legal instruments and briefly describe them.

Consideration of the second question is advisable to start with an analysis of Art. 12 and 118 of the Constitution of the USSR of 1936, according to which work, on the one hand, was considered as a duty (“Who does not work, he does not eat”, “from each according to his ability, to each according to his work”), and on the other hand, as the right of a citizen of the USSR. Further, it is necessary to point out the main legal acts regulating labor relations (“On Social Insurance”, “On the Fundamentals of the Disciplinary Legislation of the USSR and the Union Republics”, the provisions “On conferring the highest labor distinction – the title of Hero of Socialist Labor and on awarding medals “For labor valor”, “For labor distinction”, “On state labor reserves”, “Exemplary charter of an agricultural artel”, “On the transition to an eight-hour working day, to a seven-day working week and on the prohibition of unauthorized departure of workers and employees from enterprises and institutions” and etc.). When studying sources, pay attention to the length of working time, rest time, the introduction of material security in old age, in case of illness and disability, the social insurance system, and the establishment of disciplinary liability for violation of labor discipline. In conclusion, formulate the changes that have occurred in the field of labor relations after the end of the New Economic Policy period.

The third question characterizes the development of criminal law in the USSR in the 1930s. When considering this issue, rely on the content of the Criminal Code of the RSFSR of 1926 (as amended on July 1, 1938), as well as on changes made to the criminal law in the 30s. In this regard, special attention should be paid to the following regulatory legal acts, for example, the Decree of the Presidium of the Supreme Soviet of the USSR “On criminal liability for petty theft at work and for hooliganism”, the Decrees of the Central Executive Committee and the Council of People’s Commissars of the USSR “On measures to combat predatory slaughter of livestock”, ” On the protection of the property of state enterprises, collective farms and cooperation and the strengthening of public (socialist) property”, “On measures to combat juvenile delinquency”. Describing the development of criminal law, pay attention to the fact that since 1934 new types of crimes have appeared: treason, espionage, flight abroad, defection to the enemy, the issuance of military or state secrets, which were subsequently reflected in Art. 58 of the Criminal Code of the RSFSR 1926 (as amended on July 1, 1938). In the conclusion, show the fundamental changes that took place in the mid-1930s. in Soviet criminal law.

When preparing an answer to the fourth question , one should analyze the provisions of Articles 103, 110-112 of the Constitution of the USSR of 1936, the Law “On the Judicial System of the USSR, Union and Autonomous Republics” of 1938, the Code of Criminal Procedure of the RSFSR of 1923, as amended on December 1, 1934 . It is also necessary to dwell on the characteristics of the regulations that were the legal support for mass illegal repressions and extrajudicial repressions (Special meeting of the NKVD, “troikas”, “twos”, “special troikas”).

II. Practical part . Solve the problems by identifying the normative legal act and referring to its relevant articles.

Option 1

Task #1

A citizen of the USSR Pirozhkov, who occupied in 1910 – 1917. a leading post in the Special Department of the Police Department, in 1939 he was arrested for active actions against the labor movement, which he undertook while in office. Can Pirozhkov be prosecuted under the norms of the Soviet criminal law of the 1930s? for an act committed before the revolution?

Task 2

In 1935, employees of the Oktyabrskaya railway, Karavaev and Khleborodov, were arrested for stealing things from containers transported by rail. It was established that the things belonged to private individuals and were transported on the basis of civil law contracts with the railway. Meanwhile, the prosecutor demanded that the highest measure of social protection be applied to Karavaev and Khleborodov – execution with confiscation of all property. This type of liability, as a rule, was applied for the theft of state property. What document was the prosecutor guided by?

Task 3

In 1940, the son of a former nobleman, Vasily Kurakin, upon reaching draft age, appeared at the military enlistment office, declaring his desire to serve in the Workers ‘and Peasants’ Red Army. Kurakin was refused on the grounds that, due to his social origin, he belongs to non-labor elements who do not have the right to serve in the Red Army. Assess the actions of the military commissariat staff in terms of compliance with the Constitution of the USSR of 1936.

Option 2

Task #1

In August 1940, a worker of the “Hammer and Sickle Ivanov” plant was enrolled at Moscow State University for full-time education. In connection with this circumstance, Ivanov filed a letter of resignation. The director of the plant refused Ivanov, referring to the Decree of the Presidium of the Supreme Soviet of the USSR of June 26, 1940. Ivanov considered the decision of the plant director unlawful and went to court. In whose favor will the court rule?

Task #2

In the spring of 1939, the worker Pankratov came up with an anecdote about Stalin and told it to his comrades. One of the comrades reported this to the NKVD. Can Pankratov be prosecuted? If yes, for what act? Can Prokhorov’s comrades be prosecuted for not reporting the joke to the NKVD?

Task #3

In August 1933, the peasant Spiridonov, in order to feed his dying children with something, cut off a small sheaf of ears of rye and was arrested by the OGPU for this. What punishment threatened the peasant according to the Decree of the Central Executive Committee and the Council of People’s Commissars of the USSR of August 7, 1932, better known among the people as the “law on five spikelets”?

Option 3

Task #1

Under Stalin, the following anecdote was circulated. Conversation in the cell: – What are you sitting for? – For laziness. In the evening we joked with friends. Finished late. I decided: I don’t want to leave the house, I’m too lazy, tomorrow morning I’ll go and inform. But they immediately went … What kind of crime is this anecdote talking about? What punishment awaits the hero of the joke?


Task #2

Disagreements arose between the Soviet of the Union and the Soviet of Nationalities when the Supreme Soviet of the USSR considered the question of the amount of labor pensions. A conciliation commission was created. A week later, she made a decision that was approved by the Council of the Union, but did not satisfy the Council of Nationalities. It was decided to consider the issue of the size of labor pensions for the second time in both chambers. How should the Presidium of the Supreme Soviet of the USSR proceed if no agreement is reached between the chambers of the Supreme Soviet during the second consideration?

Task #3

8.9. In August 1933, the peasant Spiridonov, in order to feed his dying children with something, cut off a small sheaf of ears of rye and was arrested by the OGPU for this. What punishment threatened the peasant according to the Decree of the Central Executive Committee and the Council of People’s Commissars of the USSR of August 7, 1932, better known among the people as the “law on five spikelets”?

Recommended literature:

Main literature:

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

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

2. History of the domestic state and law. Part 2: Textbook / ed. O.I. Chistyakov. – M.: Jurist, 2007.

Collections of documents and anthologies:

1. History of the state and law of Russia: Reader: In 3 parts – Part III (XX century). – T. II. (1930s – 1991) / 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. Bessarabov V.G., Kashaev K.A. Protection of the rights and freedoms of man and citizen by the Russian prosecutor’s office. – M., 2007.

2. Codification of Russian private law / V.V. Vitryansky, S.Yu. Golovina, B.M. Gongalo and others; ed. YES. Medvedev. – M., 2008.

3. Makovsky A.L. On the codification of civil law (1922 – 2006). M., 2010.

4. Ownership: actual problems / otv. ed. V.N. Litovkin, E.A. Sukhanov, V.V. Chubarov; Institute of law. and compare. jurisprudence. M., 2008.

5. Oleinik I.I. Formation and development of the governing bodies of Soviet justice in 1917-1936. // History of state and law. 2009. No. 22.

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