苏联正义阵营形成的特点(1944-1959)

D. Shkarevsky
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引用次数: 0

摘要

在现代史学中,对集中营(监狱)司法机构的发展问题的关注远远少于对拘留场所活动的关注。与此同时,营地法庭与军事法庭一起属于特别司法机构,是国家机制的重要组成部分。本研究确定了营区司法机构形成的主要阶段,并确定了营区司法机构的功能特征。文章界定了营船的结构、数量以及营船组织机制的要素。第一次强调了集中营司法机构发展的主要阶段:1944-1948年(该体系的形成),1949-1952年(相对稳定的存在),以及1953 - 1959年(急剧减少和消除的时期)。讨论了改革营地法院制度的计划。营区法院制度的创立者是苏联内务部的领导。在这些机构运作的组织特征中,司法营机构系统的非对称性首次被命名。与营地(监狱)法庭一起,内务人民委员部/内务部部队的军事法庭继续运作,具有更广泛管辖权的特别营地法庭在特殊建筑的结构中运作,不仅审理刑事案件,而且审理民事案件。这些机构运作的特点包括:物质和技术基础薄弱,司法领导中的宗族斗争,营地司法制度中的高度冲突,律师在这一过程中的作用很小,他们依赖营地行政当局和法院。
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The Features of the Formation of the Camp Justice of the USSR (1944–1959)
In modern historiography, much less attention has been paid to problems of the development of bodies of the camp (penitentiary) justice, than to activities of places of detention. Meanwhile, camp courts belonged to bodies of special justice along with military tribunals and were an important element of the state mechanism. This research identifies the main stages of the formation of the camp justice bodies and determines the features of their functioning. The article defines the structure and number of camp ships, as well as elements of mechanism of their organization. For the first time, the main stages in the development of bodies of camp justice are highlighted: 1944–1948 (the formation of this system), 1949–1952 (relatively stable existence), and 1953– 1959 (period of sharp reduction and elimination). Plans to reform the system of camp courts are discussed. The initiator of the creation of the system of camp courts was the leadership of the USSR Ministry of Internal Affairs. Among the organizational features of the functioning of these bodies, the asymmetric nature of the system of the bodies of the camp justice is named for the first time. Along with the camp (penitentiary) courts, military tribunals of the NKVD/MVD troops continued to operate, and special camp courts with wider jurisdiction operated in the structure of special buildings, which considered not only criminal, but also civil cases. The peculiarities of the functioning of these bodies include: a weak material and technical base, the struggle of clans in the leadership of justice, a high level of conflict in the system of camp justice, and the minor role of lawyers in the process and their dependence on the camp administration and the court.
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