Ideological Background of Criminal Justice Agencies of Legal Regulation in UkrSSR
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.Downloads
Download data is not yet available.
Abstract views: 180 PDF Downloads: 403
Issue
Section
Philosophical problems of particular branches of law studies
Copyright (c) 2017 Philosophical and Methodological Problems of Law
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.