V.A. Yakovleva
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Instruction on organization and functions of custody departments of 1919Moscow University Bulletin. Series 11. Law. 2021. 2. p.90-109read more411
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The article discusses a document adopted in the development of the norms of the first Soviet Code on marriage and family. This is the instruction of the People’s Commissariat for Social Security in 1919 on the organization and procedure for the activities of local guardianship authorities. The authors also provide the text of this document. The main objective of the article is to introduce into the scientific circulation a document that was previously almost unknown to historical and legal science. The authors also set out to study the relationship of the instruction in question with the 1918 family Code, in the development of which it was adopted. According to the authors, the implementation of the provisions on guardianship of minors outlined in the instructions was unsuccessful. At the same time, the unrealistic and even utopian nature of certain provisions of the 1918 family Code is especially clearly visible in the study of the problem of implementing the norms of the instruction on guardianship departments. Nevertheless, the authors believe that the studied instruction will allow to re-evaluate the significance of some marriage and family norms of the first years of Soviet power, as well as the views of their creators. For the history of family law, the instruction on the organization and procedure for the activities of the subdivisions of guardianship in 1919 has significant scientific significance. It deserves a scientific introduction and careful scientific study.
Keywords: Russia; RSFSR; history of law; soviet family law; custody of children
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Creation of Production-Comrades’ courts in the RSFSR in the late 1920s — early 1930sMoscow University Bulletin. Series 11. Law. 2024. 1. p.45-58read more146
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The article discusses the practical implementation of the Workers’ and Peasants’ Inspectorate’s proposal to set up community courts at factories. The reasons that led to this proposal and the discussions it provoked are described. The ideological motives (expressed by the authors of the proposal, as well as in general in the Soviet management circles) for involving the public in the administration of justice are also described. The process of establishing community courts at factories is divided into several stages, each with its own characteristics. At first, the community courts were established as an experiment, so their jurisdiction was very limited and the list of enterprises where they could be set up was agreed by the central authorities. However, later on, as this form of justice proved to be effective and was highly appreciated by the workers themselves, the community courts began to be established throughout the RSFSR, and their competence was extended. In the process, the basic purpose of the community courts was also changed. This change, among other factors, predetermined the success of this initiative and the long existence of the Comrades' courts.Keywords: Soviet Russia, Rabkrin, NEP Soviet justice system, Comrades' courts
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Participation of the Workers’ and Peasants’ inspection in developing the idea of a unified investigative apparatus in the 1920sMoscow University Bulletin. Series 11. Law. 2024. 4. p.24-40read more38
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The article deals with one of the problematic issues related to the reorganization of enquiry and preliminary investigation, which were actively discussed during the NEP period. It is about the idea of creating a unified investigation apparatus by means of structural unification in one form or another of the bodies of enquiry and investigation (in some of the proposed projects — and criminal investigation). As an integral part of the process of such unification, the discussion on judicial militia, the beginning of which was laid in the pre-revolutionary period, is also considered. A significant contribution to the development of these problems was made by the Workers’ and Peasants’ Inspectorate of the USSR, which conducted surveys of judicial, investigative and law enforcement agencies in the second half of the 1920s. The methods proposed by Rabkrin to improve the police’s work on enquiries were aimed, among other things, at creating a unified investigative apparatus in the future. These proposals after lengthy discussions found a normative embodiment. However, the idea of a unified investigative apparatus, despite its support by a significant part of justice officials and even an experimental project for the creation of such an apparatus, developed without the participation of the NK RKI, was not realized in the end.Keywords: RSFSR, Rabkrin, NEP, preliminary investigation, judicial police.
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