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История государства и права России. Особенности советского права и государственного устройства в годы Великой Отечественной войны. Семейно-брачное право по указу ПВС СССР от 8 июля 1944 г (самое важное)

Lecture notes, cheat sheets

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84. Features of Soviet law and government during the Great Patriotic War. Family and marriage law according to the decree of the PVS of the USSR of July 8, 1944

The conditions of the Great Patriotic War required the instant mobilization of all military and economic resources - this is the main reason for the reform of all Russian law in this period.

The entire healthy male population was involved in military service, with the exception of minors and the elderly. Citizens evading compulsory military training were held criminally liable.

The rest of the population had to work.

Decree of the PVS of the USSR of February 13, 1942 "On the mobilization for the wartime period of the able-bodied urban population for work in production and construction"

introduced criminal liability for persons evading mobilization for work in production and construction. The punishment for this crime is forced labor in production and construction at the place of residence for up to 1 year.

All criminal legislation was replenished with new elements of crimes and became tougher.

Decree of the PVS of the USSR of November 15, 1943 "On liability for the disclosure of state secrets and for the loss of documents containing state secrets", established criminal liability in the form of imprisonment up to 10 years for officials and up to 3 years for private individuals.

The death penalty was appointed for fascist criminals and their accomplices - traitors to the Soviet Motherland.

Responsibility for illegal possession of weapons was established for persons living in the liberated territories and who did not hand over trophy weapons.

Speculation has received a significant expansion in the definition of crime. Responsibility has increased.

В economic relations contract law began to be applied less often, the role of administrative acts increased.

By the Decree of the PVS of the USSR of March 1, 1945 "On heirs by law and by will," the circle of heirs by law expanded, and adopted children were included in them. Otherwise, inheritance retained its basic requirements. Inheritance by will was allowed.

Labor law as a whole has also become tougher. The Decree of the PVS of the USSR of June 26, 1941 granted the directors of enterprises in industry, transport, agriculture and trade the right to establish, with the permission of the Council of People's Commissars of the USSR for workers and employees of enterprises, mandatory overtime work lasting 1-3 hours a day, canceled vacations, replacing them with monetary compensation.

Family and marriage law during the Great Patriotic War changed, the Decree of the PVS of the USSR of 1943 "On Adoption" established that the adoptee, at the request of the adopter, can be assigned a surname and patronymic by the name of the adopter. Adoption of persons who have reached the age of 10, assigning them a surname and patronymic after the name of the adopter, as well as recording adoptive parents as parents without the consent of the adoptees were not allowed.

legal marriage - registered. The right of a mother who was not married to the alleged father to file a lawsuit to establish paternity and collect child support was abolished. The procedure for divorce has changed, it was carried out publicly, through the courts, closed hearings were allowed at the request of the spouses. Divorce was made difficult in order to strengthen families.

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

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