Ideological Background of Criminal Justice Agencies of Legal Regulation in UkrSSR

  • S. Hubar Ph.D in Law, Researcher of the National Academy of Internal Affairs
Keywords: Marxism-Leninism, class struggle, proletariat dictatorship, violence, criminal justice agencies, revolutionary (socialistic) legality

Abstract

Ideological background for the legal regulation of UkrSSR criminal justice agencies᾽ activity was Marxist-Leninist dogma used later as theoretical platform of Bolshevik᾽s party policy. Ideological background of criminal justice agencies᾽ development in Soviet Ukraine is presented. The background itself was based on Marxist-Leninist theory as primary idea of proletariat dictatorship and prerequisite of transitional period which later transformed into unlimited restrictive policy enforced to any category or group opposing Bolshevists. It is proved that Stalinism ideology constrained all existing forms of voluntary protest, legal system was not formed historically and didn't comply with objective development process mechanisms. Lawmaking stipulated only fixation of decisions made by Soviet authorities in relevant legal acts and these norms (standard practice for authoritarian and totalitarian regimes) were not mandatory for guarantors. Article provides arguments for the interpretation of common terms «law» and «legitimacy» by Communist scholars as relicts of capitalism and considerable efforts were invested in − «revolutionary law» which basically presented political regime focused on state interests as priority value (in fact it stipulated only interests of Stalinist authorities). Criminal justice bodies were responsible for proper functioning of Stalinist dictatorship and conduct social and political campaigns. This circumstance directly affected the peculiarities of Communist staff policy. Justice and law enforcement agencies were equipped by unqualified Bolsheviks loyal to the regime instead of professionals. But this strategy proved itself to be absolutely inefficient for development of consistent state legal system.

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Author Biography

S. Hubar
Ph.D in Law, Researcher of the National Academy of Internal Affairs

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Philosophical problems of particular branches of law studies