75. Judicial reform of 1922

The regulation "On the judiciary of the RSFSR" of November 11, 1922 established a "single system of judicial institutions" on the territory of the RSFSR:

1) general courts;

2) special courts:

a) military tribunals;

b) military transport tribunals;

c) labor sessions of people's courts;

d) land commissions;

e) arbitration commissions.

Revolutionary tribunals and other special courts created in connection with the establishment of Soviet power in the localities were abolished.

Three-tier structure of common courts

1. People's Court administered justice within the county or city district, section.

His competence: most civil and criminal cases, with the exception of cases referred to the competence of the provincial court. The people's court provided for a collegiate (professional judge and 2 people's assessors) and individual consideration of:

1) alone - simple family and administrative matters;

2) collectively - all the rest.

2. provincial court was the administrative and administrative body in relation to the people's courts. He considered cases in cassation and the most important civil and criminal cases - at first instance.

Its structure:

1) plenum;

2) criminal department;

3) the criminal cassation department;

4) civil department;

5) civil cassation department;

6) disciplinary board.

3. Supreme Court of the RSFSR - the highest judicial body.

Members of the Supreme Court of the RSFSR were appointed by the All-Russian Central Executive Committee of the RSFSR.

Its structure:

1) presidium (competence - administrative powers in regulating the activities of courts);

2) plenary sessions, plenums (competence: interpretation of legislation, review of sentences and decisions by way of supervision, election of a disciplinary board);

3) cassation boards for civil and criminal cases (included three judges);

4) specialized boards: judicial, military, military transport, disciplinary.

Judicial board - the court of first instance.

After 1923 the Judicial Collegium: Collegium for Civil Cases; board of criminal cases.

In 1923, a new link appeared in the general judicial system - the Supreme Court of the USSR, the highest judicial authority of the USSR.

Competence of the Supreme Court of the USSR:

1) supervision of the legality of decisions and sentences of courts;

2) an explanation of the application and interpretation of all-Union legislation (they were mandatory);

3) making decisions on the unconstitutionality of legislative and by-laws;

4) revision of decisions and sentences from the point of view of their compliance with all-Union legislation;

5) the decision of cases of exceptional importance, criminal cases against senior officials of the USSR and cases of personal jurisdiction, disputes between union republics - the first instance.

Structure of the Supreme Court of the USSR:

1) plenum;

2) boards: civil-judicial, criminal-judicial, military and military-transport.

The Supreme Court of a Union Republic is the highest judicial body. He was elected by the Supreme Council of the Union Republic for a term of 5 years. The courts were not independent. Control over their activities was carried out by the People's Commissariat of Justice of the USSR.

Its functions:

1) codification of the legislation of the USSR;

2) legal advice;

3) mandatory conclusions for the Council of People's Commissars of the USSR.

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

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>> Forward: Decree of the All-Russian Central Executive Committee of May 22, 1922 “On basic private property rights recognized in the RSFSR, protected by its laws and protected by the courts of the RSFSR.” Civil Code of the RSFSR 1922

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