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История государства и права России. Советская судебная система 1917-1918 гг (самое важное)

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68. Soviet judicial system 1917-1918

The judicial system of the Soviet state in 1917-1918. represented by the Decrees on the Court.

Court Decree 1 (November 1917)

Basic Provisions:

1) liquidation of the existing system of legal proceedings (with the exception of people's courts);

2) revolutionary tribunals were declared judicial bodies, whose competence included deciding cases on counter-revolutionary activities;

3) the application of the legislation of the overthrown governments was established in parts that do not contradict the principles and goals of the revolution and revolutionary consciousness;

4) it was established that former magistrates could be judges.

Principles of legal proceedings:

1) turnover of judges (election of judges is the goal);

2) publicity and publicity of the trial;

3) collegiality of legal proceedings.

Court system under Decree 1

1. Local (general) courts. They considered civil cases, in which the value of the claim did not exceed 3 thousand rubles, and criminal cases, in which the term of imprisonment was no more than 2 years, within the county; the courts carried out the investigation; protection in local courts could be carried out by any citizens with an impeccable reputation; their decisions and sentences were considered final and not subject to review on appeal:

1) local courts (resolved cases at first instance);

2) county courts (cassation instance).

2. Revolutionary tribunals. We considered the majority of criminal cases, mainly related to the struggle against counter-revolutionary forces: looting, sabotage; preliminary investigation and preparation of these cases for consideration was carried out by special investigative commissions under the Soviets.

Composition of local courts:

1) a professional judge;

2) 2 people's assessors.

Court Decree No. 2 (February 1918) Established district and regional courts. This is a much less class decree, it was created under the pressure of the Left Socialist-Revolutionary Party.

In these courts, proceedings had to be conducted in the language that prevails among the population of the region.

The courts have really become elective. The election of judges and people's assessors was carried out by the Soviets.

District courts considered civil and criminal cases that are outside the competence of the local court. In them, civil proceedings were carried out in the composition of 3 professional judges and 4 people's assessors, and criminal - in the composition of 1 professional and 12 people's assessors (2 reserve assessors). Sentencing in criminal cases was carried out jointly by people's assessors and the presiding judge. Collegiums of human rights activists were formed in district courts.

Regional courts were to consider civil and criminal cases in the cassation instance.

The cassation review was now carried out not only on formal grounds (shortcomings in the decision or sentence of the court), but also on factual grounds (unreasonableness of the decision or sentence of the court).

Court Decree No. 3 (July 1918) expanded the competence of local courts. Now they resolved civil cases, the value of a claim in which did not exceed 10 thousand rubles, and criminal cases, in which the punishment did not provide for a term of imprisonment of no more than 5 years.

The Court of Cassation was formed in Moscow. He tried cases in cassation for district courts.

Authors: Dudkina L.V., Shcherbakova O.V.

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