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История государства и права России. Правоохранительные органы в период НЭПа (самое важное)

Lecture notes, cheat sheets

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79. Law enforcement agencies during the NEP period

Among the first among the law enforcement agencies, one can single out the prosecutor's office, whose activities were regulated by the Regulation "On Prosecutorial Supervision", approved by the USSR PVS on May 28, 1922.

Status of the Prosecutor's Office: department of the People's Commissariat of Justice, the prosecutor's office was not independent, local prosecutors were accountable to local executive committees.

Actually, the USSR Prosecutor's Office was formed on December 17, 1933, according to the Regulations "On the USSR Prosecutor's Office".

The regulation approved the system of the prosecutor's office of the USSR and the union republics:

1) Prosecutor of the USSR, his deputies - the highest official of the prosecutor's office, all other prosecutors are accountable to him, he was appointed by the Central Executive Committee of the USSR;

2) republican prosecutors - senior officials of the prosecutor's office of the republic, people's commissars of justice;

3) local prosecutors (cities, districts) - subordinate to the prosecutor of the republic, were also appointed to the post by the prosecutor of the republic.

Competence of the Prosecutor's Office:

1) supervision of the legality of the actions of all authorities, organizations and individuals (general supervision);

2) supervision of bodies of inquiry, investigation, GPU;

3) maintaining the accusation in court;

4) supervision of places of deprivation of liberty.

Powers of prosecutors:

1) submission of a submission on the abolition of illegal acts;

2) submission of protests to higher authorities against the illegal actions of the authorities and illegal sentences of the courts in the cassation and supervisory procedure;

3) initiation of criminal cases;

4) give instructions and explanations to the bodies of inquiry and investigation;

5) approval of indictments;

6) release of illegally detained persons.

The regulation "On the United State Political Administration" of the Presidium of the Central Executive Committee on November 15, 1923 is the basis for the formation of the SOGPU. On the ground, local bodies of the SOGPU were formed.

OGPU - a constitutional body with the rights of the people's commissariat.

The competence of the OGPU: the fight against counter-revolutionary actions, wrecking organizations, banditry.

Powers of the OGPU:

1) operational intelligence activities;

2) investigation of criminal cases within its competence;

3) the use of repression.

The OGPU was one of the judicial bodies (Judicial Collegium) that were not courts.

Decree of the Central Executive Committee and Council of People's Commissars of the USSR dated December 15, 1930 liquidated the people's commissariats of internal affairs of the union and autonomous republics. Now (May 25, 1931) the Regulations "On Workers' and Peasants' Militia" were in force.

Militia was the administrative and executive body of the Soviet government.

The main task of the police was the protection of revolutionary order and public safety.

The competence of the police:

1) enforcement of laws and orders of central and local authorities within their competence;

2) combating crime and investigating criminal cases;

3) protection and protection of state and public property;

4) ensuring personal security and property of citizens.

Workers' and Peasants' Militia System:

1) the main police departments of the union republics - the main police bodies (they were formed under the Council of People's Commissars of the republics);

2) police departments: regional, regional, autonomous republics, district and city - local bodies. Under the militia, voluntary societies were formed, which were led by the militia.

Depending on the competence, the militia bodies were divided into: general; departmental.

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

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