86. The judicial system and the system of law enforcement agencies according to the “Fundamentals of Legislation of the USSR and Union Republics” 1958

Already since 1948, the procedural legislation of the USSR and the republics has undergone significant changes:

1) people's courts became elective;

2) the courts became more independent, according to the Regulations on the disciplinary liability of judges of 1948, disciplinary sanctions were imposed on judges by collegiums for disciplinary cases at regional (territorial) courts and the supreme courts of the republics of the USSR, now their activities were not controlled by the department of justice.

These new democratic principles were formally enshrined in December 1958 in the Fundamentals of Legislation on the Judiciary of the USSR, Union and Autonomous Republics.

Innovations in the system of courts according to the Basics:

1) instead of the district system of people's courts, single district, city courts appeared;

2) the term of office of judges has been increased to 5 years;

3) plenums and presidiums were formed in the supreme courts of the republics;

4) in addition to the accountability of the courts to the higher courts, the people's courts had to report to the electorate.

Democratic principles of the judiciary according to the Basics:

1) administration of justice only by the court;

2) equality of all citizens before the law and court;

3) collegiality of consideration of cases in court;

4) independence of judges and their subordination only to the law;

5) publicity of the trial;

6) the right of the accused to defense, etc.

In criminal proceedings, the defense acquired the right to take part in the process from the moment the defendant was announced about the end of the preliminary investigation, and not only at the time of the trial. In criminal cases against minors, the defense took part in the process from the moment the charges were brought.

Innovations in the criminal process:

1) emergency wartime procedures have been abolished;

2) the age of bringing to criminal responsibility has increased (from 14 to 16 years, except for the most serious crimes: robbery, rape, etc.);

3) the punishment was applied only by the verdict of the court.

Prosecutor's office and investigation according to the 1958 Foundations: the competence of the prosecutor's office included the investigation of criminal cases, control and direction of activities (their instructions were mandatory) to the bodies of inquiry, prosecutorial supervision of legality.

Principles of prosecutorial supervision:

1) uniformity of legality;

2) hierarchical subordination of the prosecution authorities to the Prosecutor General.

The main tasks and functions of the prosecutor's office in the field of prosecutorial supervision:

1) general supervision;

2) supervision of inquiry and investigation;

3) supervision of the legality of court decisions;

4) supervision of institutions executing criminal punishment.

The state security agencies were engaged in investigating especially dangerous state crimes.

As a result of the reform of the judicial and investigative system in the 1960s. the functions of the Ministry of Internal Affairs of the USSR were transferred to the Ministry of Internal Affairs of the Union Republics, and later (in 1962) law enforcement agencies were renamed the Ministry of Public Order. These bodies were under the control of the Union-Republican Ministry of Public Order of the USSR. Since March 1959, by a government decree, voluntary people's squads were transferred to help these bodies.

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

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