Ministry of Justice (Soviet Union)
Encyclopedia
The Ministry of Justice of the Union of Soviet Socialist Republics (USSR) , formed on 15 March 1946, was one of the most important government offices in the Soviet Union
. It was formerly (until 1946) known as the People's Commissariat for Justice . The Ministry, at the All-Union (USSR-wide) level, was established on 6 July 1923, after the signing of the Treaty on the Creation of the USSR
, and was in turn based upon the People's Commissariat for Justice of the Russian Soviet Federative Socialist Republic
(RSFSR) formed in 1917. The Ministry was led by the Minister of Justice, prior to 1946 a Commissar, who was nominated by the Chairman
of the Council of Ministers and confirmed by the Presidium
of the Supreme Soviet
, and was a member of the Council of Ministers.
The Ministry of Justice was responsible for courts, prisons, and probations. Further responsibilities included criminal justice policy, sentencing policy, and prevention of re-offending in the USSR. The Ministry was organised into All-Union and Union departments. The All-Union level ministries were divided into separate organisations in the Republican, Autonomous Oblast, and provincial level. The leadership of the Ministry of Justice came from notable Soviet law organisations from around the country.
. The Ministry directed and coordinated the work of state bodies and public organisations to promote legal knowledge and to clarify the law among the population about the judicial agencies, as well as general management of the civil registry, state, and legal profession. The Ministry was liable to the Party
, the state
, and the people
. The Ministry's main goal was to strengthen socialist legality and the rule of law
within Soviet judicial institutions.
The Ministry was organised into one All-Union (USSR-wide) ministry and 15 Union ministries. The leadership of the ministry consisted of notable figures of the judicial authority of the Soviet Republics
, the military tribunals, Bar
members, notaries
, and other judicial institutions. The leadership's task was to organise and prepare proposals for the codification of legislation
. The organisational leadership, and the courts, had full control over the republican, autonomous, and provincial levels of government and the party. On 1 February 1923 the All-Union People's Commissariat for Justice was dissolved, and its responsibilities, duties, and functions were given to the Procurator General. The Department of the Procuracy of the Ministry of Justice, headed by a republican Procurator General, was responsible for limiting the powers of the Procurator General. On the grounds of stopping "unnecessary centralisation", the Ministry of Justice was dissolved both on the Union and the All-Union level. The functions of the Ministry was then handed to the Supreme Court and the Legal Commission of the Council of Ministers. The Ministry was reestablished in 1970 by the Alexei Kosygin government. Extensive regulations on the Ministry were created by the Council of Ministers. The Ministry's main task was to direct and supervise judicially organs, both at the Union and All-Union level, according to a decree from 1975.
The main task of the Ministry was to develop proposals on issues linked to the judicial system; the election of judges, elect the judiciary, organising the judiciary, studying and summarising of the jurisprudence
in coordination with the Supreme Court, and to organise work for the maintenance of judicial statistics. According to Soviet law
, the Ministry could propose various measures to improve the Soviet court system. According to Article 1 of the People's Commissariat for Justice, the commissariat's main task was to supervise the legal activities of the Soviet central agencies and the people's procurator.
between seasons, and authenticated by a Supreme Soviet convocation. Deputy Ministers were elected by the Council of Ministers; allocation of the deputies was decided by the Ministry of Justice. Each deputy usually headed his or her own department. The minister, the deputies, and other senior officials formed the leadership circle, known as the Board of the Ministry of Justice. The members of this board were approved by the Council of Ministers. The Board of the Ministry held meetings regularly to discuss legal matters nationwide. Decisions made by the board were as a rule implemented nationwide. If the board disagreed they sought the assistance of the Council of Ministers to solve the problem.
The structure and number of employees of the Ministry were approved by the Council of Ministers. Staffing of the central apparatus of the Ministry, as well as provisions of the departments and divisions, were approved by the Ministry of Justice. The seal of the Ministry of Justice was the state emblem of the USSR
.
chasitised the People's Commissariat for Justice for not dealing firmly enough with political opponents of the Bolsheviks and allowing capitalism
to develop outside the framework of state capitalism
outlined by the New Economic Policy
. Until 1936 the People's Commissariat for Justice existed only in the Union Republican level. Nikolai Krylenko
, the first People's Commissar of Justice, said in January 1933 that Soviet law waxed indignant about the leniency of some Soviet officials who objected to the infamous "five ears law":
According to Abdurakhman Avtorkhanov
, Nikita Khrushchev
abolished the Ministry during the height of the Khrushchev Thaw
in an attempt to restore the "Leninist norms of socialist legality"
which had disappeared under Joseph Stalin
's rule. Khrushchev tried to make the Soviet court more independent from central authority by enforcing the 1936 constitution
on the country's judicial branch. This would, according to Khrushchev, give the courts further independence from the central authority. The functions, duties, and responsibilities of the Ministry were reassigned to the Supreme Soviet and the Legal Commission of the Council of Ministers at all levels of Soviet society. By the 1960s it became clear that these reforms were not working as planned, and the ministry was reestablished by the Alexei Kosygin government in 1970. The Ministry, along with the majority of other Soviet ministries, was supposed to be abolished in December 1991 on the orders of the State Soviet
, this did not happen, and the Soviet Union dissolved itself before this date
.
Organisations:
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
. It was formerly (until 1946) known as the People's Commissariat for Justice . The Ministry, at the All-Union (USSR-wide) level, was established on 6 July 1923, after the signing of the Treaty on the Creation of the USSR
Treaty on the Creation of the USSR
The Treaty on the Creation of the USSR is a document that legalized the creation of a union of several Soviet republics in the form of the Union of Soviet Socialist Republics...
, and was in turn based upon the People's Commissariat for Justice of the Russian Soviet Federative Socialist Republic
Russian Soviet Federative Socialist Republic
The Russian Soviet Federative Socialist Republic , commonly referred to as Soviet Russia, Bolshevik Russia, or simply Russia, was the largest, most populous and economically developed republic in the former Soviet Union....
(RSFSR) formed in 1917. The Ministry was led by the Minister of Justice, prior to 1946 a Commissar, who was nominated by the Chairman
Premier of the Soviet Union
The office of Premier of the Soviet Union was synonymous with head of government of the Union of Soviet Socialist Republics . Twelve individuals have been premier...
of the Council of Ministers and confirmed by the Presidium
Presidium of the Supreme Soviet
The Presidium of the Supreme Soviet was a Soviet governmental institution – a permanent body of the Supreme Soviets . This body was of the all-Union level , as well as in all Soviet republics and autonomous republics...
of the Supreme Soviet
Supreme Soviet
The Supreme Soviet of the Soviet Union was the Supreme Soviet in the Soviet Union and the only one with the power to pass constitutional amendments...
, and was a member of the Council of Ministers.
The Ministry of Justice was responsible for courts, prisons, and probations. Further responsibilities included criminal justice policy, sentencing policy, and prevention of re-offending in the USSR. The Ministry was organised into All-Union and Union departments. The All-Union level ministries were divided into separate organisations in the Republican, Autonomous Oblast, and provincial level. The leadership of the Ministry of Justice came from notable Soviet law organisations from around the country.
Duties and responsibilities
According to a decree from 1972, the Ministry of Justice prepared proposals for the codification of law; it carried out methodological management of legal work in the national economyEconomy of the Soviet Union
The economy of the Union of Soviet Socialist Republics was based on a system of state ownership of the means of production, collective farming, industrial manufacturing and centralized administrative planning...
. The Ministry directed and coordinated the work of state bodies and public organisations to promote legal knowledge and to clarify the law among the population about the judicial agencies, as well as general management of the civil registry, state, and legal profession. The Ministry was liable to the Party
Communist Party of the Soviet Union
The Communist Party of the Soviet Union was the only legal, ruling political party in the Soviet Union and one of the largest communist organizations in the world...
, the state
Government of the Soviet Union
The Council of Ministers of the Union of Soviet Socialist Republics , was the de jure government comprising the highest executive and administrative body of the Soviet Union from 1946 until 1991....
, and the people
Soviet people
Soviet people or Soviet nation was an umbrella demonym for the population of the Soviet Union. Initially used as a nonspecific reference to the Soviet population, it was eventually declared to be a "new historical, social and international unity of people".-Nationality politics in early Soviet...
. The Ministry's main goal was to strengthen socialist legality and the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
within Soviet judicial institutions.
The Ministry was organised into one All-Union (USSR-wide) ministry and 15 Union ministries. The leadership of the ministry consisted of notable figures of the judicial authority of the Soviet Republics
Soviet republic (system of government)
A Soviet Republic is a system of government in which the whole state power belongs to the Soviets . Although the term is usually associated with communist states, it was not initially intended to represent only one political force, but merely a form of democracy and representation.In the classic...
, the military tribunals, Bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
members, notaries
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
, and other judicial institutions. The leadership's task was to organise and prepare proposals for the codification of legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
. The organisational leadership, and the courts, had full control over the republican, autonomous, and provincial levels of government and the party. On 1 February 1923 the All-Union People's Commissariat for Justice was dissolved, and its responsibilities, duties, and functions were given to the Procurator General. The Department of the Procuracy of the Ministry of Justice, headed by a republican Procurator General, was responsible for limiting the powers of the Procurator General. On the grounds of stopping "unnecessary centralisation", the Ministry of Justice was dissolved both on the Union and the All-Union level. The functions of the Ministry was then handed to the Supreme Court and the Legal Commission of the Council of Ministers. The Ministry was reestablished in 1970 by the Alexei Kosygin government. Extensive regulations on the Ministry were created by the Council of Ministers. The Ministry's main task was to direct and supervise judicially organs, both at the Union and All-Union level, according to a decree from 1975.
The main task of the Ministry was to develop proposals on issues linked to the judicial system; the election of judges, elect the judiciary, organising the judiciary, studying and summarising of the jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
in coordination with the Supreme Court, and to organise work for the maintenance of judicial statistics. According to Soviet law
Soviet law
The Law of the Soviet Union—also known as Socialist Law—was the law developed in the Soviet Union following the October Revolution of 1917...
, the Ministry could propose various measures to improve the Soviet court system. According to Article 1 of the People's Commissariat for Justice, the commissariat's main task was to supervise the legal activities of the Soviet central agencies and the people's procurator.
Organisation
The Ministry of Justice was headed by a Minister who was elected by the Presidium of the Supreme SovietPresidium of the Supreme Soviet
The Presidium of the Supreme Soviet was a Soviet governmental institution – a permanent body of the Supreme Soviets . This body was of the all-Union level , as well as in all Soviet republics and autonomous republics...
between seasons, and authenticated by a Supreme Soviet convocation. Deputy Ministers were elected by the Council of Ministers; allocation of the deputies was decided by the Ministry of Justice. Each deputy usually headed his or her own department. The minister, the deputies, and other senior officials formed the leadership circle, known as the Board of the Ministry of Justice. The members of this board were approved by the Council of Ministers. The Board of the Ministry held meetings regularly to discuss legal matters nationwide. Decisions made by the board were as a rule implemented nationwide. If the board disagreed they sought the assistance of the Council of Ministers to solve the problem.
The structure and number of employees of the Ministry were approved by the Council of Ministers. Staffing of the central apparatus of the Ministry, as well as provisions of the departments and divisions, were approved by the Ministry of Justice. The seal of the Ministry of Justice was the state emblem of the USSR
Coat of arms of the Soviet Union
The State Emblem of the Soviet Union was adopted in 1923 and was used until the dissolution of the Soviet Union in 1991. Although it technically is an emblem rather than a coat of arms, since it does not follow heraldic rules, in Russian it is called герб , the word used for a traditional coat of...
.
History
In 1922 Vladimir LeninVladimir Lenin
Vladimir Ilyich Lenin was a Russian Marxist revolutionary and communist politician who led the October Revolution of 1917. As leader of the Bolsheviks, he headed the Soviet state during its initial years , as it fought to establish control of Russia in the Russian Civil War and worked to create a...
chasitised the People's Commissariat for Justice for not dealing firmly enough with political opponents of the Bolsheviks and allowing capitalism
Capitalism
Capitalism is an economic system that became dominant in the Western world following the demise of feudalism. There is no consensus on the precise definition nor on how the term should be used as a historical category...
to develop outside the framework of state capitalism
State capitalism
The term State capitalism has various meanings, but is usually described as commercial economic activity undertaken by the state with management of the productive forces in a capitalist manner, even if the state is nominally socialist. State capitalism is usually characterized by the dominance or...
outlined by the New Economic Policy
New Economic Policy
The New Economic Policy was an economic policy proposed by Vladimir Lenin, who called it state capitalism. Allowing some private ventures, the NEP allowed small animal businesses or smoke shops, for instance, to reopen for private profit while the state continued to control banks, foreign trade,...
. Until 1936 the People's Commissariat for Justice existed only in the Union Republican level. Nikolai Krylenko
Nikolai Krylenko
Nikolai Vasilyevich Krylenko was a Russian Bolshevik revolutionary and a Soviet politician. Krylenko served in a variety of posts in the Soviet legal system, rising to become People's Commissar for Justice and Prosecutor General of the Russian Soviet Federated Socialist Republic.Krylenko was an...
, the first People's Commissar of Justice, said in January 1933 that Soviet law waxed indignant about the leniency of some Soviet officials who objected to the infamous "five ears law":
We are sometimes up against a flat refusal to apply this law rigidly. One People's Judge told me flatly that he could never bring himself to throw someone in jail for stealing four ears. What we're up against here is a deep prejudice, imbibed with their mother's milk... a mistaken belief that people should be tried in accordance not with the Party's political guidelines but with considerations of "higher justice".
According to Abdurakhman Avtorkhanov
Abdurakhman Avtorkhanov
Abdurakhman Avtorkhanov was an acclaimed Soviet historian and writer turned anti-communist. He worked primarily in the fields of Soviet history and History of the CPSU...
, Nikita Khrushchev
Nikita Khrushchev
Nikita Sergeyevich Khrushchev led the Soviet Union during part of the Cold War. He served as First Secretary of the Communist Party of the Soviet Union from 1953 to 1964, and as Chairman of the Council of Ministers, or Premier, from 1958 to 1964...
abolished the Ministry during the height of the Khrushchev Thaw
Khrushchev Thaw
The Khrushchev Thaw refers to the period from the mid 1950s to the early 1960s, when repression and censorship in the Soviet Union were partially reversed and millions of Soviet political prisoners were released from Gulag labor camps, due to Nikita Khrushchev's policies of de-Stalinization and...
in an attempt to restore the "Leninist norms of socialist legality"
Socialist law
Socialist law denotes a general type of legal system which has been used in communist and formerly communist states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology. There is controversy as to whether socialist law ever constituted a...
which had disappeared under Joseph Stalin
Joseph Stalin
Joseph Vissarionovich Stalin was the Premier of the Soviet Union from 6 May 1941 to 5 March 1953. He was among the Bolshevik revolutionaries who brought about the October Revolution and had held the position of first General Secretary of the Communist Party of the Soviet Union's Central Committee...
's rule. Khrushchev tried to make the Soviet court more independent from central authority by enforcing the 1936 constitution
1936 Soviet Constitution
The 1936 Soviet constitution, adopted on December 5, 1936, and also known as the "Stalin" constitution, redesigned the government of the Soviet Union.- Basic provisions :...
on the country's judicial branch. This would, according to Khrushchev, give the courts further independence from the central authority. The functions, duties, and responsibilities of the Ministry were reassigned to the Supreme Soviet and the Legal Commission of the Council of Ministers at all levels of Soviet society. By the 1960s it became clear that these reforms were not working as planned, and the ministry was reestablished by the Alexei Kosygin government in 1970. The Ministry, along with the majority of other Soviet ministries, was supposed to be abolished in December 1991 on the orders of the State Soviet
State Council of the Soviet Union
The State Council of the Union of Soviet Socialist Republics , but also known as the State Soviet, formed on 5 September 1991 and was one of the most important government offices in Mikhail Gorbachev's Soviet Union...
, this did not happen, and the Soviet Union dissolved itself before this date
Dissolution of the Soviet Union
The dissolution of the Soviet Union was the disintegration of the federal political structures and central government of the Union of Soviet Socialist Republics , resulting in the independence of all fifteen republics of the Soviet Union between March 11, 1990 and December 25, 1991...
.
Commissars and ministers
The following persons headed the Commissariat/Ministry as commissars (narkoms), ministers, and deputy ministers of the Soviet era:| Name | Took office | Left office | Duration |
|---|---|---|---|
| People's Commissar for Justice of the RSFSR (Narkom) | |||
| People's Commissar for Justice of the USSR | |||
| Minister of Justice of the USSR | |||
See also
Law:- Socialist lawSocialist lawSocialist law denotes a general type of legal system which has been used in communist and formerly communist states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology. There is controversy as to whether socialist law ever constituted a...
- Law of the Soviet Union
- Constitution of the Soviet UnionConstitution of the Soviet UnionThere were three versions of the constitution of the Soviet Union, modeled after the 1918 Constitution established by the Russian Socialist Federative Soviet Republic , the immediate predecessor of the Union of Soviet Socialist Republics....
Organisations:
- Foreign Legal Collegium
- Procurator General of the USSR
- People's Court of the USSRPeople's court (Soviet Union)People's court in the late Soviet Union is a court of first instance which handled the majority of civil and criminal offenses, as well as certain administrative law offenses....
- Supreme Court of the USSRSupreme Court of the USSRThe Supreme Court of the USSR was the supreme court of the Soviet Union during its existence. The Supreme Court of the USSR included the Military Collegium of the Supreme Court of the USSR and other elements which were not typical of Supreme Courts found in other countries, then or now.-See also:*...