The Soviet Concept of Law
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1 Revolutionary Tribunals and the Origins of Terror in Early Soviet Russia
ORE Open Research Exeter TITLE Revolutionary Tribunals and the Origins of Terror in Early Soviet Russia AUTHORS Rendle, Matthew JOURNAL Historical Research DEPOSITED IN ORE 14 May 2013 This version available at http://hdl.handle.net/10871/9361 COPYRIGHT AND REUSE Open Research Exeter makes this work available in accordance with publisher policies. A NOTE ON VERSIONS The version presented here may differ from the published version. If citing, you are advised to consult the published version for pagination, volume/issue and date of publication 1 Revolutionary tribunals and the origins of terror in early Soviet Russia* Matthew Rendle University of Exeter Abstract After the October Revolution of 1917, the Bolsheviks restructured Russia’s legal system, assigning the central role in targeting their enemies to revolutionary tribunals. Within months, however, this ‘revolutionary justice’ was marginalized in favour of the secret police (Cheka) and a policy of terror. This article utilizes the archives of three tribunals, contemporary writings, newspapers and memoirs to examine the tribunals’ investigations and trials, and their impact. It argues that the relative failure of tribunals paved the way for the terror that engulfed Russia by autumn 1918 and laid the foundations of the repressive Soviet state. On 24 November 1917, as part of a radical overhaul of Russia’s legal system, the Bolsheviks established revolutionary tribunals to deal with counter-revolutionary threats, profiteering, speculation, sabotage and other ‘political’ crimes. The definition of counter-revolution was deliberately vague; it could be any thought or action attacking the goals and achievements of the revolution as defined by the Bolsheviks. -
Federal Constitution of Malaysia
LAWS OF MALAYSIA REPRINT FEDERAL CONSTITUTION Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 Laws of Malaysia FEDERAL CONSTITUTION First introduced as the Constitution … 31 August 1957 of the Federation of Malaya on Merdeka Day Subsequently introduced as the … … 16 September 1963 Constitution of Malaysia on Malaysia Day PREVIOUS REPRINTS First Reprint … … … … … 1958 Second Reprint … … … … … 1962 Third Reprint … … … … … 1964 Fourth Reprint … … … … … 1968 Fifth Reprint … … … … … 1970 Sixth Reprint … … … … … 1977 Seventh Reprint … … … … … 1978 Eighth Reprint … … … … … 1982 Ninth Reprint … … … … … 1988 Tenth Reprint … … … … … 1992 Eleventh Reprint … … … … … 1994 Twelfth Reprint … … … … … 1997 Thirteenth Reprint … … … … … 2002 Fourteenth Reprint … … … … … 2003 Fifteenth Reprint … … … … … 2006 Federal Constitution CONTENTS PAGE ARRANGEMENT OF ARTICLES 3–15 CONSTITUTION 17–208 LIST OF AMENDMENTS 209–211 LIST OF ARTICLES AMENDED 212–229 4 Laws of Malaysia FEDERAL CONSTITUTION NOTE: The Notes in small print on unnumbered pages are not part of the authoritative text. They are intended to assist the reader by setting out the chronology of the major amendments to the Federal Constitution and for editorial reasons, are set out in the present format. Federal Constitution 3 LAWS OF MALAYSIA FEDERAL CONSTITUTION ARRANGEMENT OF ARTICLES PART I THE STATES, RELIGION AND LAW OF THE FEDERATION Article 1. Name, States and territories of the Federation 2. Admission of new territories into the Federation 3. Religion of the Federation 4. Supreme Law of the Federation PART II FUNDAMENTAL LIBERTIES 5. Liberty of the person 6. Slavery and forced labour prohibited 7. -
Malaysia's Constitution of 1957 with Amendments Through 2007
PDF generated: 26 Aug 2021, 16:39 constituteproject.org Malaysia's Constitution of 1957 with Amendments through 2007 Subsequently amended This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:39 Table of contents PART I: THE STATES, RELIGION AND LAW OF THE FEDERATION . 12 1. Name, States and territories of the Federation . 12 2. Admission of new territories into the Federation . 12 3. Religion of the Federation . 12 4. Supreme law of the Federation . 13 PART II: FUNDAMENTAL LIBERTIES . 13 5. Liberty of the person . 13 6. Slavery and forced labour prohibited . 14 7. Protection against retrospective criminal laws and repeated trials . 14 8. Equality . 14 9. Prohibition of banishment and freedom of movement . 15 10. Freedom of speech, assembly and association . 15 11. Freedom of religion . 16 12. Rights in respect of education . 17 13. Rights to property . 17 PART III: CITIZENSHIP . 17 Chapter 1: Acquisition of Citizenship . 17 14. Citizenship by operation of law . 17 15. Citizenship by registration (wives and children of citizens) . 18 15A. Special power to register children . 18 16. Citizenship by registration (persons born in the Federation before Merdeka Day) . 19 16A. Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day) . 19 17. Repealed . 19 18. General provisions as to registration . 19 19. Citizenship by naturalisation . 20 19A. Repealed . 21 20. Repealed . 21 21. Repealed . 21 22. Citizenship by incorporation of territory . 21 Chapter 2: Termination of Citizenship . -
The Russian Revolutions: the Impact and Limitations of Western Influence
Dickinson College Dickinson Scholar Faculty and Staff Publications By Year Faculty and Staff Publications 2003 The Russian Revolutions: The Impact and Limitations of Western Influence Karl D. Qualls Dickinson College Follow this and additional works at: https://scholar.dickinson.edu/faculty_publications Part of the European History Commons Recommended Citation Qualls, Karl D., "The Russian Revolutions: The Impact and Limitations of Western Influence" (2003). Dickinson College Faculty Publications. Paper 8. https://scholar.dickinson.edu/faculty_publications/8 This article is brought to you for free and open access by Dickinson Scholar. It has been accepted for inclusion by an authorized administrator. For more information, please contact [email protected]. Karl D. Qualls The Russian Revolutions: The Impact and Limitations of Western Influence After the collapse of the Soviet Union, historians have again turned their attention to the birth of the first Communist state in hopes of understanding the place of the Soviet period in the longer sweep of Russian history. Was the USSR an aberration from or a consequence of Russian culture? Did the Soviet Union represent a retreat from westernizing trends in Russian history, or was the Bolshevik revolution a product of westernization? These are vexing questions that generate a great deal of debate. Some have argued that in the late nineteenth century Russia was developing a middle class, representative institutions, and an industrial economy that, while although not as advanced as those in Western Europe, were indications of potential movement in the direction of more open government, rule of law, free market capitalism. Only the Bolsheviks, influenced by an ideology imported, paradoxically, from the West, interrupted this path of Russian political and economic westernization. -
Russian History: a Brief Chronology (998-2000)
Russian History: A Brief Chronology (998-2000) 1721 Sweden cedes the eastern shores of the Baltic Sea to Russia (Treaty of Nystad). In celebration, Peter’s title Kievan Russia is changed from tsar to Emperor of All Russia Abolition of the Patrarchate of Moscow. Religious authority passes to the Holy Synod and its Ober- prokuror, appointed by the tsar. 988 Conversion to Christianity 1722 Table of Ranks 1237-1240 Mongol Invasion 1723-25 The Persian Campaign. Persia cedes western and southern shores of the Caspian to Russia Muscovite Russia 1724 Russia’s Academy of Sciences is established 1725 Peter I dies on February 8 1380 The Battle of Kulikovo 1725-1727 Catherine I 1480 End of Mongol Rule 1727-1730 Peter II 1462-1505 Ivan III 1730-1740 Anne 1505-1533 Basil III 1740-1741 Ivan VI 1533-1584 Ivan the Terrible 1741-1762 Elizabeth 1584-98 Theodore 1744 Sophie Friederike Auguste von Anhalt-Zerbst arrives in Russia and assumes the name of Grand Duchess 1598-1613 The Time of Troubles Catherine Alekseevna after her marriage to Grand Duke Peter (future Peter III) 1613-45 Michael Romanoff 1762 Peter III 1645-76 Alexis 1762 Following a successful coup d’etat in St. Petersburg 1672-82 Theodore during which Peter III is assassinated, Catherine is proclaimed Emress of All Russia Imperial Russia 1762-1796 Catherine the Great 1767 Nakaz (The Instruction) 1772-1795 Partitions of Poland 1682-1725 Peter I 1773-1774 Pugachev Rebellion 1689 The Streltsy Revolt and Suppression; End of Sophia’s Regency 1785 Charter to the Nobility 1695-96 The Azov Campaigns 1791 Establishment fo the Pale of Settlement (residential restrictions on Jews) in the parts of Poland with large 1697-98 Peter’s travels abroad (The Grand Embassy) Jewish populations, annexed to Russia in the partitions of Poland (1772, 1793, and 1795) and in the 1698 The revolt and the final suppression of the Streltsy Black Sea liitoral annexed from Turkey. -
Socialism in Europe and the Russian Revolution India and the Contemporary World Society Ofthefuture
Socialism in Europe and II the Russian Revolution Chapter 1 The Age of Social Change In the previous chapter you read about the powerful ideas of freedom and equality that circulated in Europe after the French Revolution. The French Revolution opened up the possibility of creating a dramatic change in the way in which society was structured. As you have read, before the eighteenth century society was broadly divided into estates and orders and it was the aristocracy and church which controlled economic and social power. Suddenly, after the revolution, it seemed possible to change this. In many parts of the world including Europe and Asia, new ideas about individual rights and who olution controlled social power began to be discussed. In India, Raja v Rammohan Roy and Derozio talked of the significance of the French Revolution, and many others debated the ideas of post-revolutionary Europe. The developments in the colonies, in turn, reshaped these ideas of societal change. ian Re ss Not everyone in Europe, however, wanted a complete transformation of society. Responses varied from those who accepted that some change was necessary but wished for a gradual shift, to those who wanted to restructure society radically. Some were ‘conservatives’, others were ‘liberals’ or ‘radicals’. What did these terms really mean in the context of the time? What separated these strands of politics and what linked them together? We must remember that these terms do not mean the same thing in all contexts or at all times. We will look briefly at some of the important political traditions of the nineteenth century, and see how they influenced change. -
Organized Crime and the Russian State Challenges to U.S.-Russian Cooperation
Organized Crime and the Russian State Challenges to U.S.-Russian Cooperation J. MICHAEL WALLER "They write I'm the mafia's godfather. It was Vladimir Ilich Lenin who was the real organizer of the mafia and who set up the criminal state." -Otari Kvantrishvili, Moscow organized crime leader.l "Criminals Nave already conquered the heights of the state-with the chief of the KGB as head of a mafia group." -Former KGB Maj. Gen. Oleg Kalugin.2 Introduction As the United States and Russia launch a Great Crusade against organized crime, questions emerge not only about the nature of joint cooperation, but about the nature of organized crime itself. In addition to narcotics trafficking, financial fraud and racketecring, Russian organized crime poses an even greater danger: the theft and t:rafficking of weapons of mass destruction. To date, most of the discussion of organized crime based in Russia and other former Soviet republics has emphasized the need to combat conven- tional-style gangsters and high-tech terrorists. These forms of criminals are a pressing danger in and of themselves, but the problem is far more profound. Organized crime-and the rarnpant corruption that helps it flourish-presents a threat not only to the security of reforms in Russia, but to the United States as well. The need for cooperation is real. The question is, Who is there in Russia that the United States can find as an effective partner? "Superpower of Crime" One of the greatest mistakes the West can make in working with former Soviet republics to fight organized crime is to fall into the trap of mirror- imaging. -
The Soviet View on International Law
101 THE SOVIET VIEW ON INTERNATIONAL LAW Leon S. Lipson The background of Marxist-Leninist International law in a bourgeois theory with which Soviet international setting, so the theory ran, was sanc law began permitted, and indeed re tioned by the transverse power of the quired, an analysis of the contemporary global bourgeoisie up to the point where nation-state system from without. So imperialistic conflict, caused by the long as a Soviet analyst could in thought growing contradictions of capitalist remain outside the system, he found not society and capitalist economics, was much difficulty with the conundrum expected to lead to a breakdown of the that has troubled so much of the writing system and open the way for a pro about international law since the fic letarian revolution and the establish tions of medieval universality broke ment of socialism. Under this analysis, down; that is, the problem to which you international law is trivial until the addressed yourselves yesterday after moment it becomes obsolete. noon, of the efficacy and even the Before and for some time after its existence of international law in the occurrence, the Russian revolution was absence of a single compelling enforce expected to touch off a continuing ment machinery. That problem has series of revolutions in the more indus seemed especially acute to Western trial countries of, at least, continental seholars under the influence of what Europe. As Taracouzio put it: they thought to be the implications of With ... the advent of a single Austinian positivism. It was taken care world-wide denationalized, class of in early Soviet terms by a theory of less society, there [would] be no the organization of society which re place for a system of law regu fused to look on states as the ultimate lating the international life of aggregates of legitimatized power. -
Communist) Academy
4 I SCIENCE, ORTH ODOXY, AND THE QUEST FOR HEGEMONY AT THE SOCIALIST (COMMUNIST) ACADEMY Bolshevik intellectuals presented their cause as a class strug gle with bourgeois academia. Their primary field of battle in higher learning, however, was first and foremost institutional. When Evgenii B. Preobrazhenskii insisted in the Socialist Academy's newly founded jour nal in 1922 that the academy "represents the highest scientific research institute of Marxist thought," the academy leader was linking the Bol shevik declaration of war in organized intellectual life to his own insti tutional base. It has rarely been considered, but such assertions of pri macy implied as many internal ramifications for the Bolsheviks as outward effects for the nonparty intellectual world. The Socialist Academy - Preobrazhenskii elaborated on his claim to authority - "does not recognize social science not operating on the basis of Marxism. The Academy must turn itself into its own kind of Gosplan in the realm of ideology."l In this formulation, the assertion of orthodoxy, and the vision of a new kind of planned science, or nauka, is intertwined with the claim to hegemony - not simply of a doctrine, a party, or a class, but of an institution.2 1. E. Preobrazhenskü, "Blizhaishie zadachi Sotsialisticheskoi Akademii," Vestnik Sotsia listicheskoi Akademii (henceforth cited as VSA), no. 1 (November 1922): 7, 9. 2. "Hegemony" is employed not in tbe Gramscian sense, but in the blunter meaning most frequently implicit in tbe Bolshevik use of tbe word gegemoniia, denoting wide-ranging dornina tion, political subordination, and eon�ol over activities and resources. THE SOCIALlST (COMMUNIST) ACADEMY 1 193 No matter that Gosplan, the central state planning agency, was of negligible importance at the time Preobrazhenskii wrote; no matter, indeed, that the Socialist (after 1924, Cornmunist) Academy never achieved the hegemony in the Soviet scholarly world that its leaders coveted. -
HPSCI Testimony – Steve Hall I'm Happy to Be with You Here Today To
HPSCI Testimony – Steve Hall I’m happy to be with you here today to share my thoughts on Vladimir Putin’s Russia, gleaned from working in the CIA’s Clandestine Service for over 30 years. During my time at CIA, from when I started out as a line case officer through when I retired in 2015 as a member of the Senior Intelligence Service, most of my time and efforts were focused on Russia. I retired as the Chief of Central Eurasia Division, responsible for managing CIA’s Russian operations worldwide. I am not a trained Russian historian, nor am I an analyst. Rather, my views on Putin’s Russia come from my experiences as a former intelligence officer, and I believe this is an important perspective. Here’s why. I am often asked for my thoughts on who Putin really is, what makes him tick, how he thinks, is he really that much of a threat. My best response is that Vladimir Putin is first and foremost a Chekist, whose primary goal is the weakening of democracy in the United States and the West. The Cheka was the Lenin-era secret police, the precursor to the KGB – of which Putin was a member – as well as to the modern day Russian intelligence services. It was the Cheka and its successors that built and ran the Soviet system of concentration camps, the Gulag. It was the Cheka that executed thousands of its own citizens in the basement of the Lubyanka, its headquarters in Moscow. The history of the Russian intelligence services is one of unalloyed brutality. -
FUNDAMENTAL RIGHTS in the SOVIET UNION: a COMPARATIVE APPROACH * T~Omas E
1967] FUNDAMENTAL RIGHTS IN THE SOVIET UNION: A COMPARATIVE APPROACH * T~omAs E. TowE t INTRODUCTION The Soviet Constitution guarantees many of the same funda- mental rights as are guaranteed in the Constitution of the United States, plus several others as well. Indeed, these rights are described in greater detail and appear on their face to be safeguarded more emphatically in the Soviet Constitution. However, the mere existence of constitutional provisions for fundamental rights does not necessarily guarantee that those rights will be protected. Western scholars often point to discrepancies between rhetorical phrases in the Soviet Con- stitution and actual practices in the area of fundamental rights.' Soviet legal scholars insist, however, that such criticism should be aimed instead at Western constitutions. Andrei Vyshinsky has stated that it is precisely in the area of fundamental rights that "the contra- dictions between reality and the rights proclaimed by the bourgeois constitutions [are] particularly sharp." 2 Soviet legal scholars claim that bourgeois laws are replete with reservations and loopholes which largely negate their effectiveness in protecting fundamental rights generally, and those of the working man in particular.3 There is undoubtedly some truth in both claims, for, as Professor Berman has stated, "The striking fact is that in the protection of human rights, the Soviet system is strong where ours is weak, just as it is weak where ours is strong." 4 The full impact of this statement can only be understood by comparing the different approaches which * The author wishes to acknowledge the helpful comments and suggestions of Dr. Branko M. -
Minshi Susongfa Tonglun (A General Treatise on the Law of Civil Procedure), by Chai Fabang, Liu Jiaxing, Jiang Chuan, and Fan Minxing Mitchell A
Maryland Journal of International Law Volume 8 | Issue 1 Article 8 Minshi Susongfa Tonglun (A General Treatise on the Law of Civil Procedure), by Chai Fabang, Liu Jiaxing, Jiang Chuan, and Fan Minxing Mitchell A. Silk Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mjil Part of the Civil Procedure Commons, and the International Law Commons Recommended Citation Mitchell A. Silk, Minshi Susongfa Tonglun (A General Treatise on the Law of Civil Procedure), by Chai Fabang, Liu Jiaxing, Jiang Chuan, and Fan Minxing, 8 Md. J. Int'l L. 163 (1984). Available at: http://digitalcommons.law.umaryland.edu/mjil/vol8/iss1/8 This Book Review is brought to you for free and open access by DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Journal of International Law by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. BOOK DIGEST MINSHI SUSONGFA TONGLUN (A general treatise on the law of civil procedure). By Chai Fabang, Liu Jiaxing, Jiang Chuan, and Fan Minxing. Beijing Law Publishers, 1982, 503 pp. A scarcity of resources long vexed students of the People's Republic of China's (PRC) legal system. Yet, of late, China's liberal and pragmatic approach to reform and modernization has encouraged scholarly endeavor. Legal materials now emerge from China at an accelerating rate, appeasing the intellectual hunger of students of Chinese/socialist law. Many questions remain to be answered, however, especially with regard to legal areas rela- tively new to the PRC. How has socialist reconstruction and modernization affected the law of civil procedure? How is Marxism-Leninism-Maoism manifested in Chinese civil procedure? How does the socialist theory of civil procedure compare with the markedly different theories of capitalist coun- tries? What principles of civil procedure govern litigation involving foreign- ers? Minshi Susongfa Tonglun (A general treatise on the law of civil pro- cedure)' addresses questions such as these.