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Expansion of extrajudicial powers of bodies gosudarstven64 ache safety as characteristic of criminal proceedings on crimes against the Soviet power during active formation and strengthening of a command system (1929-1934)



L.A. gubzhokova

applicant for law department of the Kuban state agricultural university

Expansion of extrajudicial powers of the state security agencies as characteristic of criminal proceedings on crimes against the Soviet power during active formation and strengthening of a command system

(1929-1934)

It is known that at a boundary of the 1920th the bodies of GPU-OGPU had considerable extrajudicial powers. Then, in the period of the New Economic Policy, these powers were to some extent cut down. However after refusal of the New Economic Policy began to return to bodies of state security extrajudicial powers again, but already on other organizational and legal basis. So, in 1927 the Presidium of the Central Election Commission of the USSR adopted several Resolutions expanding OGPU powers. One of them, April 4, by judicial board of OGPU granted the right to consider cases of diversions, explosions, arsons, damage of cars. And it was recommended to apply criminal penalty to the defendants acting "as with malice aforethought, and without other" and to pronounce concerning guilty persons sentences up to a capital punishment. On June 9, 1927 the Presidium of the CEC granted to OGPU the right of consideration extrajudicially of affairs on the former White Guards, spies and bandits. Areas of action of gangs appeared on special situation, the osoboupolnomochenny Central Election Commissions of the USSR which together with prosecutor's office of the respective republic created the three for hearing of cases on bandits went there. Besides, the list of the persons falling under extrajudicial repressions of OGPU included "negligently belonging to classified documents" also socially dangerous elements (which had three and more criminal records). Extrajudicial punishment could be applied to the last irrespective of commission concrete pravonarusheniya1. In 1928-1929 the extrajudicial powers of the state security agencies continue to extend.

So, in February, 1928 the Presidium of the Central Election Commission of the USSR granted to OG-PU the right for prohibition of accommodation in some areas to the persons who lived in exile or the conclusion in a concentration camp. In June of the next year the Presidium of the Central Election Commission of the USSR according to the petition of prosecutor's office allowed OGPU to send into exile "especially malicious criminals and incorrigible recidivists" after departure of imprisonment term by them. Extrajudicial re-

1 L.P. Rasskazov. Activities of the state security agencies for implementation of policy of the All-Union Communist Party (bolsheviks) (the end of the 20th - 1941). M, 2001. Page 263.
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Extrajudicial repressions were carried out by the Special Meeting of OGPU and board of OGPU. Special Meetings were created also at GPU of federal republics. Got to the Special Meeting and board of OGPU of business after their preliminary consideration and adoption of the relevant decision on the three formed at departments of OGPU. So, for October 19, 1929 at OGPU eight three functioned: counterprospecting department, special department, operations section, confidential department, transport department, economic management of Head department of boundary protection and troops of OGPU. Besides, there was a three considering cases of employees of OGPU and persons which ended the term of the camp, the reference, etc. Often happened that the same case was heard in two three and two resolutions, each other contradicting were accepted. Such procedure of extrajudicial repressions did not suit the management of OGPU. In the report of Berry it was noted that for October 19, 1929 6 thousand people whose affairs by the investigation are completed were registered for OGPU and wait for the permission through board or the Special Meeting. "This mass of prisoners, - emphasizes with the deputy chairman of OGPU, - creates a difficult situation on places. Overload of prisons... reaches height unprecedented still". Berry suggested to reorganize bodies of extrajudicial repression of OGPU to liquidate an overload of prisons by the fastest "permission of affairs on the three". And on liquidation of unfinished affairs 20 days (by "shock work" - it was noted in the report) 1 were allotted.

In 10 days after the offer of Berry the system of extrajudicial repression of OGPU underwent reorganization. Instead of eight dismissed three, three were created: the three under the chairmanship of the assistant to the chief of confidential operational management Artuzov considered cases of confidential, counterprospecting, transport, foreign departments and Head department of boundary protection and troops of OGPU; the cases of economic management were submitted the three under the leadership of the chief of EKU Prokofiev; all other cases were considered by the three under the chairmanship of osoboupolnomochenny boards of OGPU of Feldman. The new three considered cases without the direction them in board of OGPU and the Special Meeting. And only large affairs and affairs of political value went to these bodies.

Together with it attempts to limit extrajudicial processes of OGPU-NKVD were made. So, v1934 to year the Central executive committee of the USSR adopted the Resolution "About Hearing of Cases about the Crimes Investigated by the People's Commissariat for Internal Affairs of USSR and Its Local Bodies". According to it cases of high treason, of espionage, terror, explosions, arsons and other types of diversions were subject to consideration by Military board of the Supreme Court of the USSR and military courts of districts on jurisdiction. Rassleduye-

1 In the same place. Page 264.
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my cases of crimes on the railway and water transport had to be transferred to Transport and Water board of the Supreme Court of the USSR and linear railway and water vessels on accessory. All other affairs were subject to consideration on jurisdiction in the Supreme Court of the USSR, the Supreme Courts of federal republics, regional and regional courts, the main courts of autonomous republics and national courts. However in the same day, July 10, 1934, other Resolution of Presidium of the Central Election Commission of the USSR which crossed out the decision of the Central Election Commission of the USSR on elimination of extrajudicial repressions was published. At People's Commissariat for Internal Affairs of the USSR it was decided to organize the Special Meeting (OSO at People's Commissariat for Internal Affairs of the USSR) which was granted the right to apply administratively expulsion, exile, the conclusion in corrective-labor the camp for a period of up to five years and expulsion out of borders of the USSR. The national commissioner of internal affairs (chairman), his deputies, the representative of People's Commissariat for Internal Affairs of the USSR for RSFSR, the chief of Head department of Workers' and Peasants' militia, the National commissioner of internal affairs of the federal republic in the territory of which there was a business were a part of OSO at People's Commissariat for Internal Affairs of the USSR. The prosecutor of the USSR or it zamestitel1 had to take part in work of OSO.

Pi it expulsion according to the solution of OSO at People's Commissariat for Internal Affairs of the USSR could be without public supervision and with that. The persons sent administratively lost the right of residence in 15 settlements: To Moscow and the 100th kilometer zone; Leningrad and the 100th kilometer zone; Kiev and 50 to a kilometer zone; Kharkiv, Stolino, Dnipropetrovsk, Crimean the ASSR, Azovo-Chernomorsky edge, the North Caucasian edge, ZSFSR, Sverdlovsk, Magnitogorsk, Chita, Khabarovsk and in all settlements boundary polosy2. The reference surely was followed by public supervision. Banished in the following administrativnoterritorialny units: Northern region; East Siberia, except for 100 kilometers of a borderland and Chita; Krasnoyarsk Krai; West Siberia; Omsk region; Chelyabinsk region; The Mari autonomous region and Chuvash the ASSR, being a part of Gorky edge; Kirov region; Bashkir ASSR; Orenburg region; Kazakhstan; The Uzbek SSR, behind an exception on-granpolosy; The Turkmen SSR, except for a frontier strip; The Tajik SSR, except for a frontier strip; Cara-Kalpakskaya of the ASSR; Kyrgyz ACCP3.

As for the procedure of implementation of extrajudicial repressions in the Special Meeting, it was following. Investigative affairs came to this extrajudicial body from bodies of People's Commissariat for Internal Affairs. The right of the direction of affairs in it was had: people's commissars of internal affairs of federal and autonomous republics, chiefs of UNKVD of edges and areas, chiefs road

1 GARF. - T. 9401. - Op. 12. - 130. - L. 36.
2 In the same place. - L. 38 items
3 GARF. - T. 9401. - Op. 12. - 130. - L. 38. item
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transport departments of People's Commissariat for Internal Affairs, chiefs of special departments of military districts and fleet, chief of the 3rd department of GULAG of People's Commissariat for Internal Affairs. The arrested who are connected to the case sent for consideration by OSO contained in local prisons and were registered before obtaining the solution of OSO for the bodies of People's Commissariat for Internal Affairs holding the investigation of affairs. The solution of OSO was made out by the protocol which was signed by the chairman, members and the secretary of a meeting and also the prosecutor. Resolutions OSO were subject to the announcement to the defendant on receipt on the back of an extract from the OSO protocol not later than 24 hours from the moment of its receiving. The announcement of solutions of OSO the defendant who is contained in prisons, located out of the regional and regional centers were made by the chief of the nearest regional office of People's Commissariat for Internal Affairs. To the persons who are at large acquaintance to an extract was made by their call in bodies of NKVD1.

It is necessary to notice that in the procedure of passing of affairs in OSO its secretariat was of particular importance. The following functions were assigned to it: check of correctness of registration of investigative business; regulation of receipt of affairs on OSO and check of their jurisdiction; acquaintance to contents of case papers, check of compliance of the indictment to these materials; drawing up the brief information on the case of jurisdiction to its Special Meeting and correctness of registration, after that all materials were presented on the conclusion to the prosecutor; preparation of a meeting of OSO, drawing up the agenda of a meeting, the notice of the relevant People's Commissariat for Internal Affairs and UNKVD about Meeting meetings; drawing up minutes of meetings of OSO and transfer for execution of an extract from protocols and the considered cases to appropriate authorities; control of execution of decision OCO2.

Special meetings were not the only extrajudicial body. In the 1930th years the activity of various three which were created for implementation of extrajudicial repressions in connection with some concrete events held by KGB bodies and militia became widespread. So, in August, 1933 at Permanent missions of OGPU (OGPU software) the three for implementation of extrajudicial repressions concerning the following categories of persons were created: a) refusing to leave voluntarily the area in which accommodation was forbidden to them; b) returned to the area in which they were forbidden to live. The three were created in the following structure: the chairman (assistant to software) and two members (chief of passport department and the chief of operations section of software of OGPU) with participation of public prosecutor's supervision. The three concerning persons to whom accommodation in this area was forbidden took various measures of repressions. To "flyers" and "to disorganizers proizvod-

1 L.P. Rasskazov. Decree. work. Page 266.
2 GARF. - T. 9401. - Op. 12. - 246. - L. 4.
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stvo" the first time appeared about prohibition of their accommodation in this area. At reconsideration they were sent to trudposelka for up to 3 years. Lishengci, fists and dispossessed at once went to spetsposelka for up to 3 years. The persons who served the sentence, the reference or expulsion were threatened by the direction in corrective-labor the camp for up to the 3rd let1.

Thus, activity of special meetings and the three during the considered period visually characterizes features of development of the state repressive mechanism in the Soviet state. The power extremely simplified to itself a task, using for isolation and neutralization of faces, politically unreliable and dangerous to itself the way consisting in providing functions to executive authorities which only the court had to carry out. Withdrawal from the conventional criminal procedure principles at realization of criminal repressions shows also absence of institute of division of the authorities and if to take more widely, then in general civil society. In these conditions the criminal proceedings in many respects turned into a fiction as the persons subjected to the state coercion administratively had no elementary criminal procedure rights.

1 L.P. Rasskazov. Decree. work. Page 270.
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Anthony Jacob
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