History of domestic state and law. Development of law during the Civil War (most important)

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History of domestic state and law. Development of law during the Civil War (most important)

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DEVELOPMENT OF LAW DURING THE CIVIL WAR

Substantially the system of sources of norms of Soviet law is changing. In 1918, in the RSFSR, references to pre-revolutionary legislation were prohibited during law enforcement.

An important impetus in the development of Soviet law was the adoption of the Constitution of the RSFSR of 1918, the Code of Laws on Civil Status Acts, Marriage, Family and Guardianship Law and the Labor Code.

On development financial law the economic policy of war communism, which prevailed during the Civil War, had an effect. The Bolsheviks, proceeding from their general theoretical principles, by 1920 abolished customs duties and indirect taxes. They solved the problem of the growing state budget deficit by conducting unsecured money emission.

In connection with the desire of the Bolsheviks to move from normal commodity-money relations to non-commodity exchange of products during the Civil War, the sphere of regulation of property relations by the norms of civil law was maximally narrowed. Their place is taken administrative legal norms. The state abandoned comprehensive protection of previously inviolable private property, paying special attention to the socialization of the means of production. The nationalization of industrial and transport enterprises led to the collapse of the law of obligations. Such a fundamental principle of civil law relations as freedom of contract was violated. The housing problem began to be solved with the help of forced relocation to apartments where there was excess living space.

The Constitution of the RSFSR of 1918 and the Labor Code of the RSFSR of 1918 fixed universal labor conscription of Russian citizens, i.e. the right to work has simultaneously become a duty. At the constitutional level, the basic principle of distribution of material wealth was enshrined: “He who does not work, let him not eat.” A ban has been introduced on the unauthorized transfer of employees from one department to another. Labor mobilizations were carried out regularly. Socialist labor discipline was strengthened by the activities of workers' disciplinary comradely courts (since 1919), one of the legal grounds for which was the Decree “On Combating Absenteeism.”

On February 14, 1919, the All-Russian Central Executive Committee adopted a very important Regulations "On socialist land management and measures for the transition to socialist agriculture". Collective farming (collective farm) was proclaimed in such forms as agricultural commune, artel and partnership.

Back in 1918, the All-Russian Central Executive Committee adopted Decree "On Forests". Forests remained under the jurisdiction of local Soviet authorities (local councils). In 1920, the Council of People's Commissars of the RSFSR adopted Decree "On Hunting". The People's Commissariat for Food of the RSFSR was in charge of the protection and hunting of animals.

In 1919, the People's Commissariat of Justice of the RSFSR issued Guiding principles on criminal law of the RSFSR, which put an end to the vacuum of Soviet criminal law that took place at the initial stage of the Civil War (1918-1919).

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