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Introduction

1. Police

2. Bodies of the prosecutor's office

3. Courts and military tribunals

Conclusion

Literature

INTRODUCTION

This work is devoted to the activities of law enforcement agencies of the USSR during the Great Patriotic War of 1941 - 1945. The work includes three parts dedicated respectively to: the police; prosecutors; judicial authorities. In the last two cases, attention will also be paid to military law enforcement agencies - the military prosecutor's office and military tribunals. Before presenting the topic, we will give a description of the state law of the USSR in the period under review, which is important for the presentation of the topic. In wartime, the foundations of the social and state system, the position of the individual in the state, the principles of organization and activity of the system of state bodies, established by the norms of Soviet state law (primarily the Constitution of the USSR of 1936), remained unshakable. At the same time, during the war, changes were made to the structure of state bodies. For example, by the decision of the Presidium of the Supreme Soviet of the USSR, the Central Committee of the All-Union Communist Party of Bolsheviks and the Council of People's Commissars of the USSR of June 30, 1941, the State Defense Committee (GKO) was formed, which concentrated all power in the state. In accordance with the Decree of the Presidium of the Supreme Soviet of the USSR of June 22, 1941 "On martial law" in areas declared under martial law, all functions of state authorities in the field of defense, ensuring public order and state security belonged to the military councils of the fronts, armies, military districts, and where there were no military councils, to the high command of military formations. To write the work, special publications were used on the activities of the military prosecutor's office (author - V. Panichev), the Military Collegium of the Supreme Court of the USSR (authors - N. Petukhov and M. Serov), military tribunals (author - A. Muranov). In addition, general sources on the national history of state and law were used (the author of one is I. A. Isaev; the other is O. I. Chistyakov).

1. POLICE

During the war, the police, guided by the directive of the Council of People's Commissars of the USSR and the Central Committee of the All-Union Communist Party of Bolsheviks of June 29, 1941, which demanded that all party and Soviet bodies fully subordinate their activities to the interests of the front and the tasks of strengthening the rear, restructured their work. The duties of the police expanded significantly, which was due to the introduction of a number of emergency measures of public order - more stringent regulation of behavior in public places, the operation of enterprises and institutions, the introduction of military apartment duty, the mobilization of vehicles for the needs of the war, the strengthening of the passport regime, involvement in defense work, the establishment stricter sanctions for the most dangerous offenses (disclosure of state secrets, theft of socialist property, speculation, etc.). The militia waged a fight against desertion, alarmists, distributors of decadent rumors, etc.; assisted the transport authorities of the NKVD in the protection of railway lines, organized the evacuation of the population, industrial enterprises, and household goods. The militia ensured the implementation of the orders of the military authorities in areas declared under martial law. The police supervised observance of the blackout rules, the filing of air raid signals, organized the shelter of people in shelters, the protection of order, objects and valuables during the bombing, assisted in extinguishing fires, dismantling rubble and other emergency recovery work. On June 24, 1941, the Council of People's Commissars of the USSR adopted a resolution on the formation of fighter battalions, the leadership of which was entrusted to the internal affairs bodies.

The NKVD directive of July 7, 1941 ordered the police personnel to be ready at any time to carry out combat missions (together with units of the Soviet Army or independently) to eliminate enemy sabotage groups, landings, etc. From the beginning of the war, police officers fought with the enemy in the frontline areas: along with the border guards, militiamen from Ukraine, Belarus, Moldova, and the Soviet Baltic fought. Police detachments participated in the defense of Lvov, Kyiv, Odessa, Sevastopol and other cities. In October 1941, a motorized rifle fighter regiment of the UNKVD of Moscow and the Moscow Region was created in Moscow, which operated in the near rear of the enemy. The regiment participated in the parade on Red Square on November 7, 1941. Consolidated regiments and police units were formed at the beginning of the war in Vitebsk, Mogilev and some cities of Ukraine. Many police officers for participation in hostilities were awarded orders and medals, the title of Hero of the Soviet Union (including I. Kirik, V. Shurpenko and J. Kunder - posthumously). For exemplary performance of tasks, for valor and courage shown during the war years, the police of Moscow and Leningrad were awarded the Order of the Red Banner.

A lot of work was done by the police to protect public order. For example, in Moscow, since July 6, 1941, police patrols in the city along with military patrols. The strictest control was established by the police over the observance of the passport regime, over the movement of the population. The passport departments carried out a huge reference work: they registered more than 6 million evacuated citizens, which then made it possible to establish a connection between people who had lost their relatives and friends. The militia took an active part in helping children who lost their relatives, in the fight against child homelessness and neglect. Despite the difficulties of wartime, in 1943 in the USSR there were more than 700 (and by the end of the war more than 1000) children's rooms of the militia, which were engaged in the placement of children, the fight against juvenile delinquency.

On February 9, 1943, by decree of the Presidium of the Supreme Soviet of the USSR, special ranks and epaulettes were introduced for militia personnel. During the war, the higher school of the NKVD of the USSR functioned, special secondary schools of the police worked.

2. PROSECUTION BODIES

The war demanded a restructuring of all activities of the prosecutor's office. The directive of the Council of People's Commissars of the USSR and the Central Committee of the All-Union Communist Party of Bolsheviks of June 29, 1941, suggested that party and Soviet organizations in the front-line regions reorganize all work on a military basis, subordinate everything to the interests of the front, to the cause of fighting the enemy. Among the measures contained in the directive to strengthen the rear, Soviet and economic organizations were offered a merciless fight against rear disorganizers, deserters, alarmists, rumor spreaders, destroy spies, saboteurs, enemy paratroopers, immediately bring to court a military tribunal all those who interfere with their cowardice and alarmism the matter of defense.

Under these conditions, the activities of the prosecutor's office in combating violators of state, labor and military discipline, with unauthorized abandonment of work at industrial and transport enterprises, with violation of the rights of the defenders of the Motherland and their families, with child homelessness and neglect have acquired particular relevance; for the safety of state, public and military property. The prosecutor's office also supervised the implementation by enterprises of plans for the supply of ammunition and weapons and other decisions of the State Defense Committee. The prosecutors of those regions of the USSR where enterprises from the European part of the USSR were evacuated, in addition, supervised the decision to restore the evacuated plants and factories, and military prosecutors, in addition to supervising the implementation of wartime legislation in the Soviet Army and Navy, supervised compliance with all modes of transport of transportation plans and schedules, for the safety of transported goods. The prosecutor's office was entrusted with the functions of monitoring the exact execution of GKO decisions (for this, in 1942, a special task force was created in the USSR Prosecutor's Office). Special tasks were carried out by the prosecutor's office in the areas liberated by the Soviet Army from the Nazi troops. There, prosecutors helped the party and Soviet authorities to restore the Soviet legal order, fought to identify collaborators (persons who collaborated with the invaders, including war criminals) in order to bring these persons to justice.

During the war years, the structure of the USSR Prosecutor's Office, established in 1936, was largely preserved. In some areas declared under martial law, the prosecutor's offices were paramilitary. In 1942, the bodies of the transport prosecutor's office operating in areas declared under martial law were transferred to martial law, and in 1943 all transport prosecutor's offices were transferred to martial law. A special procedure for disciplinary responsibility of prosecutorial and investigative workers, as well as measures to encourage them, were regulated by the order of the USSR Prosecutor dated October 17, 1942. In 1943, class ranks and uniforms were introduced for prosecutorial and investigative workers.

Particular attention should be paid to the activities of the military prosecutor's office. During the war, the main principal areas of activity of the military prosecutor's office as an organ of supervision over the observance of the rule of law and the fight against crime were preserved. However, wartime conditions put forward new tasks for the military prosecutor's office, and the volume of its work increased significantly. The military prosecutor's office had the duty to ensure the strictest supervision of the exact observance and unconditional execution of wartime laws, to assist the military authorities in the use of funds for defense needs. Prosecutors, within their powers, were supposed to ensure public order and state security, and in the future to take urgent measures to restore law and order in the areas liberated from occupation by the Nazi troops, to restore the rule of law. In accordance with the Decree of the Presidium of the Supreme Soviet of the USSR of June 22, 1941 "On martial law", the jurisdiction of military tribunals was expanded, and, accordingly, the jurisdiction of military prosecutor's offices. In areas declared under martial law, military prosecutors investigated cases of state crimes, robbery, premeditated murder, forced release from detention centers and from custody, evasion of military duty, theft, illegal sale and storage weapons, all cases of crimes committed by military personnel, and some others. The investigation of crimes was entrusted to military investigators.

Wartime conditions required some change in the organization of the structure of the military prosecutor's office, bringing them closer to military formations. As a grassroots link, a system of divisional (instead of corps) prosecutor's offices was created; military prosecutor's offices of air-based areas (RAB), sapper and reserve formations, reserve and training divisions, brigades, and naval fortified areas (UR) were also organized. The territorial prosecutor's offices in the front line were militarized, and the transport ones were transformed into military prosecutor's offices. Otherwise, the structure of the military prosecutor's office remained the same: the military prosecutor's office of the army, the front, the Chief Military Prosecutor's Office, the Prosecutor of the USSR. In the center, the bodies of the military prosecutor's office were headed by the Chief Military Prosecutor's Office of the Red Army and the Chief Prosecutor's Office of the Navy. In connection with the restructuring of the transport economy to work in wartime conditions and the introduction of martial law on railway, sea and river transport, the Prosecutor's Office of the USSR was formed on the basis of the rights of independent departments: The Main Military Prosecutor's Office of Railway Transport (January 1942), which led the Military Prosecutor's Office railway troops and mobile recovery units of the Main Directorate of Restoration Works of the NKPS; in May 1943 - the Chief Military Prosecutor's Office of the Sea and River Fleet, which was in charge of the military prosecutor's offices of the basins.

The main activities of the military prosecutor's office, both at the front and in the rear, included:

Supervision over the implementation of laws, charters, resolutions of the State Defense Committee, the Council of People's Commissars of the USSR and other military legal acts by all government bodies, institutions, enterprises, organizations, officials, military personnel and other citizens (general supervision);

Organization and active implementation of the fight against crime, search and prosecution of persons who have committed crimes;

Management of the preliminary investigation and inquiry;

Supervision of the investigation of cases by counterintelligence agencies;

Maintaining the prosecution in court, supervising the implementation of laws when considering cases in military tribunals, the legality and validity of their sentences (judicial supervision);

Supervision of observance of laws in places of deprivation of liberty, disciplinary and penal units;

Taking measures to prevent crimes and other offenses, conducting legal propaganda.

At present, it can be argued that during the war years the bodies of the military prosecutor's office fully confirmed their mission as a body for ensuring law and order among military personnel. The structure, used forms and methods of activity justified themselves. Possession by military prosecutors and investigators of the basics of warfare, knowledge and understanding of the combat situation and being directly in the combat formations of units and formations has become decisive in increasing the effectiveness of prosecutorial supervision, the key to successfully solving problems of suppressing offenses. Being servicemen, they were together with the troops on the battlefield, they knew from the inside the life and life of fighters and commanders, the specifics of military service, which contributed to the strengthening of military discipline among the servicemen.

As an example of the widespread control of the situation in the army in the field, one can cite the direction by the Chief Military Prosecutor of the Red Army to the highest government bodies about crime in the Red Army, the NKVD troops, the police, in transport, among the civilian population in areas declared under martial law for the period from June 22 to September 1, 1941 This report was presented on October 3 on 120 typewritten pages and contained a comprehensive analysis of the state of crime in the army and in the areas located in the area of ​​military operations. It should be noted that this is one of the most difficult and intense periods of the war and, as recognized, the period of the greatest panic and confusion.

Of course, when speaking about the specific activities of military prosecutors and military investigators, one should keep in mind the legal regime, one should keep in mind the legal regime that existed in the country at that time, and the requirements of the highest state authorities that were imposed on them.

The combat situation primarily led to the expansion of the powers of the military prosecutor's office, led to significant changes in themselves, the use of new forms and methods of activity. All the efforts of military prosecutors from top to bottom were aimed at ensuring the rule of law in the troops, providing maximum assistance to the command in strengthening military discipline among military personnel, and suppressing any offenses, no matter who they came from.

Organizationally, the bodies of the military prosecutor's office were headed, as already mentioned, by the Chief Military Prosecutor's Office of the Red (later Soviet) Army and the Chief Military Prosecutor's Office of the Navy, which existed separately. Further, the military prosecutor's offices of the fronts, fleets, armies, flotillas, corps and divisions functioned in the active army. In addition, the military prosecutor's office of the railway troops and the military prosecutor's office of the NKVD troops were created, which were subordinate to the Chief Military Prosecutor's Office and had their own structure in relation to the organization of the troops they served. The military prosecutor's offices of the fronts (fleets), armies (flotillas) and corps each functioned at their own level, exercising control and supervision in the lower military prosecutor's offices, gave assignments on various issues of prosecutorial activity, and, if necessary, provided them with methodological assistance. The most effective form of leadership by subordinates at that time was the direction of workers from higher bodies to lower ones. During such visits, the identified shortcomings were eliminated, and the inspector, as a rule, was on site until he corrected the situation. In addition, the prosecutor's offices of these units carried out supervisory functions in the troops of direct front, army or corps subordination.

The lower and main link of the bodies of the military prosecutor's office in the army were the military prosecutor's offices of divisions, separate brigades and garrisons of the rear units of the front line. They bore the brunt of the work of ensuring the rule of law in the troops. At the beginning of the war, these military prosecutor's offices consisted of four officers (a military prosecutor and three military investigators). In 1942, due to a lack of personnel, her staff was reduced to two people (a military prosecutor and an investigator). There were no technical workers and transport. In the course of military operations, the military prosecutor, as a rule, was in the command of the division, and the investigator was in the regiment, which solved the most important task. During the battle, they visited medical institutions located at the location of the division.

The conduct of hostilities left an imprint on those main areas of prosecutorial supervision, which was characterized by versatility, dynamism and was carried out in close cooperation with the military command and political agencies, taking into account the situation at the front. Temporary instruction on the work of military prosecutors was laid as the basis for organizing the activities of military prosecutors and investigators. The activities of the prosecutor's office were carried out with a significant expansion of the powers of the command, including the extrajudicial assignment of military personnel for committing crimes to penal companies instead of serving a criminal sentence, the right to approve the sentences of military tribunals by the relevant command, and the conduct of preliminary investigation by the bodies of inquiry in full. Military prosecutors and investigators paid the main attention to the fight against enemy agents, against offenses that encroach on the combat power of the Armed Forces of the USSR, to suppress cowardice and alarmism, desertion, self-mutilation, which became widespread in the army and navy. At the same time, the limits of prosecutorial supervision over the implementation of laws were significantly expanded, in connection with which the military prosecutor's offices were assigned many functions unusual for them. They began to supervise not only the implementation of laws, but actually controlled the implementation by all officials and Red Army soldiers of the decisions of the State Defense Committee, orders of the Supreme Commander of the Armed Forces of the USSR and the People's Commissar of Defense, as well as the military command on the ground, including decisions of the military councils of the fronts. In the field of view of military prosecutors were also such issues as the execution of military orders, the implementation of military operations, the timely supply of troops with weapons, ammunition, food and uniforms, the conservation of military equipment and other military property, the construction of defensive lines, the material and welfare support of troops, the evacuation of civilian population from the frontline zone, accounting for irretrievable losses, the correct use of food quotas, the condition of access roads in the zone of action of the troops served, and much more. For example, when in the country there was an acute shortage of boxes for shells, the so-called capping, due to the fact that in the army they did not return to military factories after firing, military prosecutors were entrusted with the task of supervising their collection at combat positions.

A typical example of the activities of the military prosecutor is the work of providing ammunition to the troops of the Stalingrad Front. During the defensive battles in Stalingrad, the military prosecutor's office of the front revealed facts of untimely delivery of ammunition. During the inspection, it was established that this was due, along with objective reasons, to the improper operation of railway transport, as a result of which cargo accumulated at stations and was destroyed by enemy aircraft. The military prosecutor of the front submitted a presentation to the military council with an analysis of the identified shortcomings and their causes, and proposed measures to eliminate them. Specific perpetrators were prosecuted. As a result, the state of affairs with the delivery of ammunition to Stalingrad has improved significantly. Many other issues were resolved in a similar way.

And one more example. With the outbreak of war, the Main Military Prosecutor's Office proposed to release from serving sentences in disciplinary battalions military personnel convicted of various crimes, with their mandatory assignment to the army, and by decision of the Council of People's Commissars of the USSR, more than 13 thousand Soviet citizens became full defenders of the country.

Along with the criminal prosecution of persons who committed crimes, military prosecutors did not disregard other branches of prosecutorial supervision - general supervision, supervision over the implementation of laws in military tribunals. The bodies of the military prosecutor's office were engaged in clarifying the current legislation. At the same time, it is noteworthy that all daily work was carried out on the basis of plans, taking into account the nature of hostilities - defense, offensive on the territory of the USSR, abroad, etc.

All the activities of military prosecutors and investigators in the center and in the localities were carried out taking into account the state of crime among military personnel, the structure and dynamics of which were decisively influenced by the results of hostilities. At the initial stage of the war, desertion, self-mutilation, cases of desertion and alarmism, as well as the spread of defeatist views, considered at that time a crime and classified as counter-revolutionary crimes, were most common. The state of crime can be judged from the following data: for the period from July 5 to July 10, 1941, 2,681 people were prosecuted for these crimes alone in the Red Army, of which 605 were sentenced to death. With the onset of a turning point in the war, the structure and dynamics of crime changed: there were fewer facts of cowardice, alarmism, desertion, and leaving combat positions without an order. At the same time, there was an increase in looting and crimes committed against the local population, and among officers - and malfeasance.

Significant work to strengthen law and order in the army has been done by military prosecutors using the forms and methods of general supervision. In their field of vision were, on the one hand, the issues of providing each serviceman with everything necessary for combat and life, and on the other hand, the completeness of the fulfillment by all officials and Red Army soldiers of the assigned combat missions. All these issues were linked with the activities of the command and the prevention of offenses. Often, based on the results of the work of military prosecutors, measures were taken to strengthen the rule of law in general in the Armed Forces of the country.

It was on the initiative of military prosecutors that the Red Army books were introduced in 1942, which largely prevented desertion and reduced cases of illegal prosecution of military personnel for evading military service, and also made it possible to improve the accounting of personnel in units.

Already in the first days of the war, military prosecutors took measures to increase the combat effectiveness of the troops. So, the military prosecutor's office, when checking the 21st mechanized corps, which was preparing to be sent to the front, revealed facts of unpreparedness of the units for combat operations. At the same time, the combat units were not allocated the equipment required by the state, for 6-7 fighters there was only one rifle and 30 cartridges for it, there were only 141 shells for all types of artillery weapons, there were no topographic maps, and the replenishment received was not uniformed. All these facts formed the basis of the information, which on June 28, 1941, i.e. on the sixth day of the war, was sent to Stalin.

A significant amount of work of military prosecutors was the supervision of the execution of the order of the Supreme Commander-in-Chief of August 16, 1941, which granted the command the right to shoot cowards, alarmists and other violators of law and order on the battlefield, as well as orders of July 28, 1942 and August 21, 1943 ., on the basis of which the commanders had the right to send military personnel to penal companies without a court decision. Military prosecutors, under the conditions of these orders, took measures to strictly execute them and prevent the facts of unlawful executions and the use of repressions against the innocent.

The subject of close attention of all employees of the military prosecutor's office in the center and in the field were issues that correspond in modern terminology to the social protection of military personnel. This included providing military personnel with everything necessary, including their food and uniforms, and the wounded with medical care. So, in February 1942, the Chief Military Prosecutor submitted to the Deputy People's Commissar of Defense of the USSR, Lieutenant General of the Quartermaster Service A. Khrulev, a proposal to take measures to eliminate shortcomings in the maintenance of the wounded in hospitals. It pointed to their inadequate nutrition, the lack of the necessary clothing items and the failure to fulfill the duties of monitoring the fulfillment of the requirements for the maintenance of military personnel in medical institutions by the Main Sanitary Directorate of the Red Army. The submission provided for the maximum possible measures at the time. In the days of the Battle of Stalingrad, lice were found among the defenders of the city, and this also served as a pretext for the prosecutor's response to the deputy head of the Main Sanitary Directorate of the Red Army.

During the war years, the combat situation required a quick response to any fact of an offense among military personnel. Under these conditions, the terms of criminal proceedings were sharply reduced, which ranged from one to three days, including their judicial review, and sometimes the execution of the sentence. At the same time, during the investigation, the requirements for compliance with the norms of criminal procedure legislation, including those relating to the limits of proof, were not reduced. In the course of the investigation, in addition to interrogations and retrieval of documents, military investigators appointed expert examinations, conducted experiments, examined the scene with the participation of witnesses, took measures to compensate for the material damage caused to the state, and performed other procedural actions.

Military prosecutors, exercising supervisory functions, were directly involved in the investigation of criminal cases, which are in the production of not only military investigators, but also investigators of counterintelligence agencies and military interrogators. The organs of counterintelligence during the war, in accordance with the directives of their leadership, investigated the so-called counter-revolutionary crimes, as well as a number of criminal ones (desertion, self-mutilation, and some others). At the same time, due to the requirements of the order of the People's Commissar of Defense of the USSR of 1942 No. 357, the powers of the bodies of inquiry were significantly expanded, to the jurisdiction of which such crimes as escape from the battlefield, desertion, squandering military property, criminal violations of the statutory rules of guard duty were transferred. Often they investigated official and economic crimes in full. In order to ensure effective oversight of the investigation of cases by these bodies, military prosecutors directly participated in interrogations, resolved issues on issuing a sanction for the arrest of the accused, and performed other procedural actions, which was an additional guarantee of ensuring the rule of law during the investigation.

The judicial review of criminal cases also did not go unnoticed by military prosecutors. They were required at that time to exercise constant oversight of cases before military tribunals. To this end, military prosecutors were ordered to take part in preparatory and court hearings in all cases. The prosecutor's participation in the preparatory hearing on the case gave him the opportunity to check the investigative proceedings in terms of the completeness of the evidence and the quality of the investigation. During the course of the trial, in accordance with the instructions of the leadership and established practice, the prosecutor was supposed to identify shortcomings in the work of the tribunal and take measures to eliminate them, as well as to ensure that the punitive practice was appropriate at that time. To ensure publicity, trials were usually organized in a regiment or battalion located on the front line, in the presence of personnel and with the involvement of representatives of other units.

Military prosecutors also supervised the legality in the execution of sentences and other court decisions, so that sentences would be executed in a timely manner in terms of the application of imprisonment or sending the convict, instead of this punishment, to a penal company, in terms of execution and taking measures to compensate the state for the damage caused by the crime, deprivation benefits for family members of convicts.

The activities of the military prosecutor's offices were built depending on what troops they served (rifle, tank, aviation, cavalry, sapper, etc.), and also in accordance with what type of hostilities these troops were conducting (defense, offensive, raid behind enemy lines, etc.).

3. COURTS AND MILITARY TRIBUNALS

The conditions of the war required a certain restructuring of the judiciary, changes in their activities. In accordance with the Decree of the Presidium of the Supreme Soviet of the USSR of June 22, 1941 "On martial law" in areas declared under martial law, the jurisdiction of general courts was reduced, since cases of crimes against defense, public order and state security, and by decision of the military authorities - and some other ordinary crimes were referred to military tribunals. In an emergency situation, some general courts were transformed into military tribunals (for example, with the announcement of Moscow in a state of siege by order of the Military Council of the Western Front, the Moscow City Court began to act as a military tribunal from October 25, 1941, and the people's courts of the city districts - as its permanent sessions). The implementation of supervisory functions over the judicial activities of these tribunals was entrusted to the military tribunal of the Moscow Military District. On June 22, 1941, the Presidium of the Supreme Soviet of the USSR approved the Regulations on military tribunals in areas declared under martial law and in areas of military operations, which significantly expanded the jurisdiction of military tribunals (i.e., the range of cases subject to their consideration). According to this Regulation, the linear courts of railway and water transport were reorganized into military tribunals.

Civil cases were considered in the people's courts, which operated on the same basis. Along with the consideration of civil and criminal cases, the courts did a lot of work to educate the population in the spirit of the strictest observance of wartime laws; took measures to eliminate the conditions that contributed to the offenses.

The main task of the military tribunals during the war becomes the fight against traitors to the Motherland, spies, deserters, alarmists and other criminal elements that prevented the strengthening of the front and rear, achieving victory over the enemy.

During the war, military tribunals operated at military districts, fronts and navies, as well as at armies and flotillas, corps, other military formations and paramilitary institutions. In addition, the line courts of railways and waterways were reorganized into military tribunals. In the administration of justice, the military tribunals were guided by the general legislation in force and the laws of war. Trial in military tribunals was conducted with strict observance of the general principles of justice in the USSR. The consideration of cases in military tribunals was carried out collectively (with three members of the military tribunal or with the participation of people's assessors elected by the relevant Soviets of Workers' Deputies) with the provision of the accused the right to defense and compliance with all other procedural guarantees. Some exceptions to the general rules of procedure, dictated by the exceptional circumstances of wartime, were established by the Decree of the Presidium of the Supreme Soviet of the USSR of June 22, 1941 "On martial law" and the Regulations on military tribunals in areas declared under martial law and in areas of military operations, accepted on the same day. These acts expanded the jurisdiction of the military tribunals of these localities. All cases of crimes against defense, public order and state security listed in the decree were transferred to them. In addition, the military authorities were given the right to refer cases of other crimes to the military tribunals, if they consider it necessary under the circumstances of martial law. A special procedure was established for the formation and approval of the staffs of military tribunals, the procedure for the movement of members of military tribunals, and the replenishment of their composition. The states of military tribunals were approved by joint orders of the People's Commissariat of Justice of the USSR and, accordingly, the People's Commissariat of Defense of the USSR or the People's Commissariat of the USSR Navy. In contrast to the general procedure, the military tribunals in these areas were given the right to consider cases after 24 hours (and not 3 days) after the delivery of the indictment to the accused, consisting of three permanent members of the military tribunal (without the participation of people's assessors). The cassation appeal of the sentences passed was not allowed: they could be changed or canceled only in the order of supervision. Sentences entered into force from the moment they were announced and were immediately carried out. Such a procedure for considering cases in areas declared under martial law and in areas of hostilities was introduced by a joint order of the USSR People's Commissar of Justice and the USSR People's Commissar of Defense with the permission of the USSR Council of People's Commissars.

The military command (from the military councils of the fronts to the commanders of the armies) was given the right to suspend sentences with capital punishment (death penalty by firing squad) while simultaneously telegraphing their opinion to the Military Collegium of the Supreme Court of the USSR and the Chief Military Prosecutor of the Soviet Army or the Chief Prosecutor of the Navy. Such a sentence was carried out only if, within 72 hours from the moment the telegram was delivered, the named persons did not suspend it by telegraphic order. The military councils and commanders of fronts, military districts and armies were also empowered to suspend the execution of sentences. In order to strengthen supervision over the legality in the activities of military tribunals, by the Decree of the Presidium of the Supreme Soviet of the USSR of August 11, 1941, military prosecutors and chairmen of the military tribunals of the fronts and fleets were given the right to challenge the sentences of military tribunals that have entered into legal force operating within the front (fleet), Decree dated July 28, 1942, people's assessors were allowed to participate in court hearings of military tribunals.

All cases in areas not declared under martial law were investigated and considered in the manner determined by the Code of Criminal Procedure of the corresponding union republic, without any changes, except for cases of crimes, responsibility for which was provided for under the laws of wartime. Also, according to the general rules, cases were considered that were not under the jurisdiction of military tribunals in areas declared under martial law.

During the war, military personnel sentenced by military tribunals to deprivation of liberty without loss of rights were widely applied for the suspension of the execution of the sentence. The postponement was carried out until the end of hostilities, with the obligatory direction of the convict to the active army. In each specific case of application of the delay, the military tribunal took into account the nature and motive of the crime committed, the identity of the perpetrator, his moral, political and professional qualities, his fitness for military service in the army, etc. To persons convicted of especially grave crimes, including state crimes no deferment has been applied. In the first period of the war, convicts, in respect of whom a decision was made to postpone the sentence, were sent to ordinary military formations, and from October 1942 - to penal units. Persons convicted with a suspended sentence, but who proved themselves to be staunch defenders of the Motherland, were released from punishment and recognized as having no criminal record. By the Decree of the Presidium of the Supreme Soviet of the USSR of July 7, 1945 “On amnesty in connection with the victory over Nazi Germany”, the criminal record was expunged from all military personnel convicted with a suspended sentence.

Military tribunals delivered sentences in cases of malfeasance (abuse of power, abuse of one's position, etc.), which became widespread among command personnel. Most often, malfeasance was expressed in all sorts of abuses with food, clothing and other property, facts of assault on subordinates; came to suicide. During the war years, facts of squandering and plundering of material values ​​became widespread. Let us give an example of a sentence passed after the war. The head of the financial department of the counterintelligence department "Smersh" of the People's Commissariat of the Navy, lieutenant colonel of the quartermaster service, Sedelnikov, was sentenced to 10 years in prison with confiscation of property because "using his official position, he was in the period from May 1944 to April 1945. systematically took money from the cash register for drinking bouts in Moscow restaurants. In total, the lieutenant colonel squandered 284 thousand rubles.

The most famous cases heard by the military tribunals are connected with swindlers posing as NKVD officers. On August 12, 1944, a military tribunal passed a sentence on four deserting officers - Kvach, Lapshov, Yurkeev and Rozhdestvensky. All four made “raids” on the settlements of the Odessa region, doing “requisitions”. More professionally in the same summer of 1944, a group of deserters acted in the Saratov region. A certain Gudkov, having put together a gang of 12 deserters, decided that the best way to avoid arrest was to search for servicemen who were evading military service. Posing as a "operational group of the NKVD troops", Gudkov and his accomplices gained confidence in the officers of the military registration and enlistment office of the Turkovsky district of the Saratov region and received the relevant documents - certificates, certificates, certificates for obtaining food stamps, travel orders, etc. Military Commissar Fadeev and the head of the first part of the military registration and enlistment office Zaznobin did not guess to check the documents of the “operational group of the NKVD troops”. It is not known how the “operational group of the NKVD troops” headed by Gudkov “pierced”, but all of its participants were sentenced to long terms of imprisonment in camps. Fadeev, Zaznobin and other officers of the draft board, scammed by Gudkov, were also convicted, but conditionally, with the replacement of being sent to the active army.

Among the pages of the activities of military tribunals should include the trial of war criminals, conducted in accordance with the Decree of the Presidium of the Supreme Soviet of the USSR of April 19, 1943, in accordance with which punishments were provided up to the death penalty by hanging. The first such process took place in Kharkov. According to the American radio company "Columbia", it was "the first real trial of war criminals in all history." The court session of the military tribunal of the 4th Ukrainian Front took place from December 15 to 18, 1943. Major General of Justice A. Myasnikov presided. The accused were: Untersturmführer Rietz, deputy commander of the SS company under the Kharkov SD Sonderkommando, Captain Langheld, officer of the Wehrmacht military counterintelligence, Retslav, an official of the German secret field police in Kharkov, and their accomplice Bulanov. All of them took an active part in executions and atrocities against prisoners of war and civilians in the city of Kharkov and the Kharkov region during the occupation; all four were found guilty of committing the crimes named in the first part of the Decree of the Presidium of the Supreme Soviet of the USSR of April 19, 1943, and sentenced to death by hanging. Along with the Kharkov Trials, the prologue of the Nuremberg Tribunal was the trial of war criminals in Smolensk. In this process, two previously unseen features met. For the first time, accusations against Nazi doctors who performed inhuman experiments on living people were legally punished. One of the defendants, Modish, after such experiments on prisoners of war, killed them by injecting strophanthin and arsenic. The second feature was that the Sonderkommando "Moscow" was on the dock (this Nazi formation was specially created to exterminate civilians in the capital).

CONCLUSION

In the course of the work, the following features of the functioning of the organs of the court and the prosecutor's office during the war years were revealed.

1. The judicial system during the war years did not undergo fundamental changes. However, the role of military tribunals has increased. They, as before, considered cases of military crimes and all other crimes committed by military personnel. However, in areas declared under martial law, from the very beginning of the war, many cases that were within the competence of general courts were transferred to the tribunals: theft of socialist property, robberies, robberies, banditry, deliberate murders and some others. Military tribunals were created at military districts, fronts, fleets and armies, at corps and other formations, as well as on railways, in sea and river basins. The entire system of military tribunals was headed by the Supreme Court of the USSR, which included the Military, Military Railway and Military Water Transport Boards.

2. During the initial period of the war, in areas declared under martial law and in combat areas, military tribunals heard cases composed of three permanent judges. However, already in June 1942, the army public began to be involved in the consideration of cases - assessors appointed by the command and political agencies. The military tribunals maintained close contacts with the command, military councils and political agencies of the fronts, armies, formations and units, which made it possible to improve their preventive work among military personnel. Proceedings in military tribunals were carried out on the basis of the articles of the Code of Criminal Procedure, as well as taking into account those new rules that were dictated by the conditions of wartime and the need in connection with this to carry out prompt and effective trial.

3. General courts considered cases of certain crimes included in the jurisdiction of military tribunals (robbery, robbery, theft, murder), but committed in areas not declared under martial law, as well as all other military cases that were not referred to the jurisdiction of military tribunals . The central place in their work was occupied by the consideration of cases related to violations of labor and state discipline in wartime. During the war years, the consideration of people's courts and civil cases did not stop. In Moscow, even when a state of siege was declared and the city court was transformed into a military tribunal, a people's court was retained in each district of the city to consider civil cases. But in general, the number of civil cases in the courts during this period declined sharply.

4. In wartime, the supervision of the rule of law, along with the territorial prosecutorial bodies, is assigned to the military prosecutor's office. The military prosecutor's office, headed by the Chief Military Prosecutor, exercised supreme supervision over the exact implementation of laws in the armed forces. The Chief Military Prosecutor's Office united and directed the activities of the prosecutorial bodies of brigades, divisions, corps, armies, fronts, certain types of armed forces and military districts. The Chief Military Prosecutor was directly subordinate to the USSR Prosecutor.

prosecutor's office military tribunal legality

LITERATURE

1. Isaev I. A. "History of the state and law of Russia" M .: "Jurist", 1996 - 544 p.

2. "History of the national state and law" (in 2 volumes; volume 2) edited by O. I. Chistyakov. M .: "Jurist", 2003 - 544 p.

3. Muranov A. “Military tribunals during the war years” “Legality”, 1995, No. 1, pp. 37 - 45.

4. Panichev V. "Military Prosecutor's Office during the War" "Legality", 1995, No. 3, pp. 26 - 34.

5. Petukhov N., Serov M. "Military Board of the Supreme Court of the USSR during the war" "Legality", 1995, No. 2, pp. 24 - 27.

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(Neko V.N.) (“Military Legal Journal”, 2013, N 2)

MILITARY PROSECUTORS OF THE GREAT PATRIOTIC WAR<*>

V. N. NEKO

——————————— <*>Neko V. N. Military procurators of the Great Patriotic War.

Neko Valery Nikolaevich, Deputy Military Prosecutor of the Eastern Military District, Colonel of Justice.

The article reveals the role of military prosecutors in ensuring the rule of law during the Great Patriotic War.

Key words: prosecutors, Great Patriotic War.

The article reveals the role of military procurators in ensuring legitimacy during the period of the Great Patriotic War.

Key words: procurators, Great Patriotic War.

The work of a military prosecutor is complex and responsible. The main thing that determines its work is the strict supervision of legality. During the harsh years of the Great Patriotic War, the organs of the prosecutor's office, justice and courts worked exclusively in the interests of the country's defense. According to the Decree of the Presidium of the Supreme Soviet of the USSR of June 22, 1941 "On martial law", the work of the prosecutor's office, both military and territorial, was reorganized in a military way. The network of military prosecutor's offices has expanded. In the active army, military prosecutor's offices of the fronts were created, to which the military prosecutor's offices of armies and formations (combined-arms, tank and air armies, separate tank and mechanized corps, cavalry corps, rifle divisions, artillery divisions of the Reserve of the High Command, airborne brigades, etc.) were subordinated. . In the operational subordination of the military prosecutor's offices of the fronts, in addition, there were the military prosecutor's offices of the NKVD troops for the protection of the rear and the front and the military prosecutor's offices of the railway troops of the fronts. The military prosecutor's offices of the air defense fronts, long-range aviation, etc., also functioned. Military prosecutor's offices of districts appeared in the rear, with the military prosecutor's offices of garrisons, reserve rifle divisions and aviation brigades subordinate to them. The military prosecutor's offices of fleets, flotillas, naval bases and naval defense areas, sectors, and coastal defense operated in the Navy. All transport prosecutor's offices were transformed into military ones. In January 1942, the Main Military Prosecutor's Office of Railway Transport was organized. The Prosecutor General's Office of the USSR and its subordinate Chief Military Prosecutor's Office, the Chief Military Prosecutor's Office of the Navy, the Chief Military Prosecutor's Office of Railway Transport, and the Chief Military Prosecutor's Office of the Sea and River Fleet were in charge of the prosecutor's office. During the war, the work of the military prosecutor's office was diverse and versatile, but from an organizational and functional point of view, it still fit into two main forms: general supervision of the rule of law in the army and criminal prosecution of crimes. The main tasks of the military prosecutor's office were a decisive struggle against encroachments on military discipline and the combat power of the army and navy, against enemy agents and other hostile elements, against alarmists, cowards, deserters, plunderers of military property, against disorganizers of the rear, and in areas declared under martial law , moreover, with crimes against defense, public order and national security. As in peacetime, the tasks facing the prosecution authorities were carried out by military prosecutors through general supervision over the observance and implementation of wartime laws, decrees of the State Defense Committee and the Council of People's Commissars of the USSR, orders of the highest military command, supervision over the legality of the investigation of criminal cases and bringing the perpetrators to justice, over the legality and the validity of the verdicts of military tribunals, for the observance of the law in serving sentences by convicts. The care of the military prosecutor's office during the war years for the families of the defenders of the Motherland and war invalids was extremely important. During the war years, the supervisory activities of military prosecutors were multifaceted. They had to delve into literally all aspects of army life. In the field of view of the prosecutor's supervision were such important issues as the supply of food and ammunition, the evacuation of the wounded and the organization of food for soldiers on the front line and on vacation, uniforms for soldiers and military discipline; the operation of hospitals and the provision of benefits to the families of military personnel; the protection of military property and the return of empty containers to industry, the use of military equipment and military transport, etc. It can be said without exaggeration that there was not a single area of ​​\u200b\u200blife and activity of the army at the front and in the rear, where the keen eye of the military prosecutor did not penetrate. Military prosecutors, together with commanders, political workers and military judges, actively participated in explaining sentences to military personnel, making sure that sentences that were of current importance were announced in orders from commanders or otherwise communicated to a wide circle of military personnel. All this work played an important role in creating among the personnel of units and formations an atmosphere of intolerance and general condemnation of any deviation from the military oath, discipline, organization and law and order. During the war years, legal propaganda occupied an important place in the work of the military prosecutor's offices. Under the direction of the political authorities, the military prosecutors explained the laws in force to the military. Topics such as “Protection of the Fatherland is the sacred duty of every Soviet soldier”, “The order of the chief is the law for the subordinate”, “Discipline and vigilance are strong weapons in the fight against the enemy”, “Protect military equipment and military property” and others were in center of explanatory work of military prosecutors. Here is what Colonel General M.Kh. Kalashnik, who headed the political department of the 47th Army during the war, writes: The military oath and responsibility for their violation, about vigilance, about the rights and obligations of the soldiers of the Red Army. Army prosecutor Colonel of Justice A. I. Goman, chairman of the military tribunal Colonel of Justice S. K. Nesterov and other senior officers from the prosecutor's office and the tribunal, on the instructions of the Military Council and the political department, made such reports at seminars of party organizers, Komsomol organizers, agitators in the 318th mountain rifle , in the 77th Rifle Division, in the 255th Marine Brigade and other formations, held special meetings during which they answered questions from soldiers and commanders, talked about the most characteristic trials of oath violators. So did divisional, brigade prosecutors, chairmen of military tribunals. Military prosecutors carried out all the work of overseeing the rule of law in units and formations of the active army in close cooperation with the command and political bodies, constantly informing them of the violations found, and made proposals to eliminate the causes and conditions conducive to the commission of certain offenses. Like all Soviet patriots, military lawyers set an example of steadfastness and courage. If the situation required, they fought the enemy with weapons in their hands. So, the military investigator of the division, L.F. Kabanov, conducted an investigation at the forefront. Unexpectedly, the battalion went on the offensive, L.F. Kabanov, together with the fighters, rose and went on the attack and was mortally wounded. Reflecting the attack of a large group of fascists, the military investigator of the army, Captain of Justice A. M. Ogorodov, died. In hand-to-hand combat, the military prosecutor of the division, Major of Justice P.F. Sadovnikov, died a heroic death. During the heroic defense of Sevastopol, organizing the evacuation of departing units and the civilian population, the military prosecutor, brigade military lawyer A. G. Koshelev, died. In the extremely difficult situation of that time, military prosecutors and investigators proved themselves to be true patriots, high-class professional and courageous officers. More than 1,800 military prosecutors and investigators were awarded orders and medals, and eleven officers who later served in the military prosecutor's office were awarded the high title of Hero of the Soviet Union. They did not live to see the Victory Day and 278 officers of the military prosecutor's offices died on the battlefields. A little about the training of military lawyers during the Great Patriotic War ... In June 1941, the next graduation of students from the Military Law Academy (VLA) of the Red Army took place, and in August, early graduation of 4th year students in the amount of 125 people was made. In addition, 280 students of refresher courses for the military-legal staff, part of the command and teaching staff of the academy, adjuncts and part of the students were sent to the active army. The personnel of the academy took part in the defense of Moscow. The headquarters of the 2nd combat section of the 1st sector of the Moscow defense zone was formed and staffed in August 1941 from the command staff of the academy. At the same time, the academy formed a cadet battalion for the defense of Moscow, which from October 16 to October 18, 1941, took part in defensive battles in the area of ​​the Krasnaya Pakhra River. In 1941 - 1942. the academy was staffed with a variable composition of private, junior and middle command personnel of the cadre and reserve, who had a general secondary education and were not older than 40 years old, fit for military service for health reasons. Women under the age of 30, who had a legal education and were not burdened with a large family, were also admitted to the academy as students. In 1941 - 1942. The academy has trained and sent to the active army about 3,000 military lawyers, of which more than 700 are graduates of the main faculties. Already in August 1943, on the basis of the decision of the State Defense Committee, the academy was transferred to the training of students with a 4-year training period (300 people). The term of study at the advanced training courses for the military-legal staff of the academy was increased to 6 months (200 people), postgraduate studies with a 3-year term of study were restored. In December 1943, the naval faculty with a variable staff of 80 people was again restored as part of the academy, and in 1945, the correspondence department, numbering 800 people. For merits in the training of military legal personnel in November 1944, a large group of officers and generals from among the command and teaching staff was awarded orders and medals. In February 1945, the Presidium of the Supreme Soviet of the USSR presented the Academy with the Red Banner and the Diploma of the Presidium of the Supreme Soviet of the USSR.

Lawyers of the Great Patriotic War

Military lawyer ... What is characteristic of people in this profession? What qualities should they have? What is the meaning and significance of their activities? These and many other questions related to the activities of a military lawyer are of interest to many people, and especially young students who are thinking about choosing a profession. The interest of young people in the work of a lawyer is quite natural and understandable. After all, this is a matter to which the whole life will be devoted. The work of the prosecutor and the investigator is such that it is impossible to say in advance which area of ​​life will have to be faced in the performance of the assigned functions. That is why military lawyers must have a certain minimum knowledge in the field of medicine and psychiatry, logic and psychology, technical and other sciences in order to correctly understand any difficult situations that may arise, be able to use the help of specialists with the greatest effect, correctly formulate questions to experts , evaluate their conclusion and ultimately successfully investigate the case. The work of an investigator in military conditions is especially complex and difficult. In order to interrogate a witness, it was necessary not to walk, but to crawl to the front line under fire from artillery, mortars or machine guns. It is impossible to postpone the interrogation until tomorrow. Tomorrow the witness - and his testimony is extremely important for the case - may be killed or seriously wounded and sent to the rear hospital. At the front, witnesses had to be interrogated directly in a trench, in a dugout, with a flickering lamp made from a shell. Interrogation protocols often had to be written in pencil, sitting on the first object that came across or right on the ground. Of course, there was no need to talk about a great culture of filing cases. Yes, the paper was tight. Therefore, sometimes newspapers had to be used for case covers.

Military prosecutor's office of the Chita garrison during the Great Patriotic War

In December 1938, the military prosecutor's office of the Chita garrison was created to service military units and institutions directly subordinate to the ZabVO headquarters. The activities of the military prosecutor's office of the Chita garrison played an important role in the history of the military prosecutor's office of ZabVO, and the beginning of its activities played a significant role during the period of the so-called Stalinist repressions. The fact is that the military prosecutor's offices were entrusted with the execution of the Decree of the Central Committee of the All-Union Communist Party of Bolsheviks and the Council of People's Commissars of the USSR of November 17, 1938 "On vicious methods of investigating cases in the NKVD bodies", which involves reviewing cases of special jurisdiction. Even then, when studying this category of cases, employees of the military prosecutor's office of the Chita garrison revealed numerous facts of gross violations of the law and falsifications. A significant number of special cases were stopped, and the innocent were released from custody. Many of those sentenced to capital punishment were posthumously rehabilitated (including the first military prosecutor of the ZabVO G. G. Suslov, who was arrested by the NKVD in 1937). During the Great Patriotic War of 1941-1945. criminal proceedings were carried out in accordance with the Decree of the Presidium of the Supreme Soviet of the USSR dated June 22, 1941 "On martial law" according to the rules established by the Regulations on military tribunals in areas of military operations (it was approved by the same Decree of the Presidium of the Supreme Soviet of the USSR). The military prosecutor's office of the Chita garrison carried out its activities in strict accordance with the specified regulations. At the same time, during the Great Patriotic War, the scope of activity of the military prosecutor's office of the garrison expanded significantly. Each division or brigade departing from Transbaikalia to the front included representatives of the garrison prosecutor's office, who were introduced into the military administration bodies according to the wartime staff. The end of hostilities in the West did not end the war for the operational prosecutors of the Chita garrison; they were at the forefront during the defeat of the Kwantung Army in Manchuria. “That military work performed by the prosecutor's office of the Chita garrison away from the point of permanent deployment is priceless,” said S.V. - “during the war years, issues of discipline in the troops acquired a decisive role, and the command, in order to create the most optimal conditions for controlling attached units, often had to resort to the help of prosecutors, whose word was not discussed and never disputed. At the same time, the prosecution staff did not have a sweeter time at the front than the rest, they did not treat the “staff” workers in any way, since they went into battle with everyone “for the common cause”.

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In 2017, the anniversary date was celebrated -. During the celebration, representatives of state authorities and public organizations noted the contribution of military prosecutors to the victory in the Great Patriotic War, who, like tens of millions of our fellow citizens, fully experienced all the hardships and hardships that befell the front-line soldiers. More than 1,300 military prosecutors and investigators died and went missing on the battlefields. After the victorious May of the 45th, decades have passed, and every year more and more participants in that war are leaving us. supported by the current prosecutors of the military prosecutor's office of the military investigative bodies, to create a monument symbolizing the heroic image of military prosecutors and investigators with voluntary donations. of memory and sorrow on June 22, 2018. Currently, voluntary donations from employees of the military prosecutor's office are being collected to the account of the Regional Public Organization of Veterans of the Main Military Prosecutor's Office. During the Great Patriotic War, military The urors not only heroically performed their official duties, but were also an example of courage and perseverance. Almost throughout the war, the Chief Military Prosecutor's Office of the Red Army was headed by Lieutenant General of Justice Vladimir Ivanovich Nosov. In the first days of the war, he implemented large-scale measures in the shortest possible time to bring military prosecutorial bodies closer to the troops conducting combat operations, and made the transition from corps (as a grassroots level) to divisional military prosecutors. In addition, on June 26, 1941, on the basis of thirty railroad prosecutor's offices, military prosecutor's offices were created and placed under the control of the Chief Military Prosecutor of the Red Army. I had to work in conditions of the highest stress, without rest. Occupying such a responsible post, V.I. Nosov visited almost all fronts, and several times in more important areas. By his own example, he taught the prosecutors of the fronts, armies and divisions how to build the work of military prosecutors in the conditions of hostilities. With the introduction of a state of siege in Moscow, the Chairman of the State Defense Committee instructed him to restore and maintain order in the city to the divisional military lawyer Nikolai Porfiryevich Afanasyev, who headed the task force The main military prosecutor's office, left in the city. Within 10 days, all city prosecutor's offices were transformed by N.P. Afanasyev to the military prosecutor's offices of Moscow districts, city courts to military tribunals. The leadership and partly the personnel of these structures were appointed by N.P. Afanasiev from among the regular military lawyers. The system of district commandant's offices, reinforced by army units, was subordinate to these bodies. Created by N.P. Afanasiev, the structure made it possible to quickly eliminate manifestations of anarchy, restore order in the city, ensure the inevitable and prompt punishment of criminals, and identify provocateurs, saboteurs, marauders. These measures made it possible to reliably stabilize the nearest operational rear in the Battle of Moscow. From 1942 to March 26, 1945, Nikolai Porfiryevich served as the Chief Military Prosecutor of Railway Transport. At that time, under his leadership, a large, largely not prosecutorial, but administrative work was carried out to ensure the advancement of military trains, transport to the front, as well as national economic goods of the military industry. From March 1945 to July 1950, N.P. Afanasiev was the Chief Military Prosecutor. It is impossible to ignore the tragic fate of a true hero, a patriot of our Motherland and a courageous man - Alexei Ivanovich Murugov, who served as the prosecutor of Moscow from July 1938 to June 26, 1940. It was a very difficult and difficult time of political repression. His predecessors in the position of head of the Moscow prosecutor's office - A.V. Filippov (in office for 4.5 years) and K.N. Maslov (in office for eight months) were repressed for far-fetched circumstances. They were shot because they allegedly “organized terrorist groups with the aim of assassinating the leaders of the state”, “lubricated” evidence in criminal cases, did not arrest innocent people on the instructions of the NKVD investigators. Probably, for Alexei Ivanovich’s excessive prosecutorial integrity in July 1940. released from the duties of the prosecutor of the city, enlisted in the reserve of the prosecutor's office of the RSFSR and the department of justice of the Moscow City Executive Committee. Murugov went to the front on July 2, 1941 as a volunteer. When called up, Alexei Ivanovich was awarded the rank of military officer of the 3rd rank, and on July 8 he was appointed military prosecutor of the 242nd Infantry Division of the Moscow Military District, formed on June 28, 1941 near Moscow. On October 2, 1941, the enemy’s general attack on Moscow began according to the plan “ Typhoon", after which the 242nd Infantry Division was surrounded north of Vyazma. When a division broke through from the encirclement of A.I. Murugov began to be listed as missing. In May 1942, the family received an official notice about this. However, the life path of A.I. Murugov did not end there. According to the information of the prosecutor's daughter, from friends of Alexei Ivanovich who returned from the front, she learned that while the 242nd division was surrounded during a Nazi air raid, part of her leg was torn off by an explosion. Seriously wounded, he was captured and became a prisoner of the Nazi death camp Mauthausen. In 1938-1945, about 335 thousand prisoners of war from different countries were imprisoned in this concentration camp. More than 122,000 prisoners were executed and tortured by the Nazis, including more than 32,000 Soviet citizens. Among them - Lieutenant General D.M. Karbyshev.A.I. During the capture, Murugov hid his real name and introduced himself as Gromov. In the concentration camp, Alexei Ivanovich, among other prisoners, became an underground worker. In the conditions of the most severe camp regime, daily executions and mass beatings, these brave people sabotaged the work as best they could, identified and destroyed traitors, helped the weak and sick, prepared an attack on the guards and a mass escape. As a result of the betrayal of one of the prisoners recruited by the commandant's office, Murugov was accused of resistance and sent to Sonderblock No. 20. The prisoners of war who were in this block received ¼ of the already meager general camp ration. The barrack was not heated even in winter. There was no glass in the window openings - only bars. Nar was not in the block either. In winter, the SS men poured water from the hose into the room, which gradually turned into an ice crust. The prisoners were forced to sleep on the floor, and many died from hypothermia. However, the "suicide bombers" also had a "privilege" - they were not driven out to work. Instead, they did “physical exercises” all day long - they ran or crawled around the block. The Nazis subjected Murugov to sophisticated torture so that he would name other members of the underground and report on the plans of the organization. But this courageous man showed heroism, steadfastness and betrayed no one - thanks to this, the underground organization survived and continued to prepare the escape. Together with ten other Soviet prisoners of war, Murugov was burned in a crematorium on June 21, 1943. Some of the prisoners escaped on the night of February 1-2, 1945 g. broke out of the camp. But over the next three weeks, the SS and volunteers from the local residents searched for and shot the discovered fugitives. Only nine of them managed to survive. Among the survivors are Mikhail Ryabchinsky and Nikolai Tsemkalo, who subsequently told people the truth about these events. During the Battle of Moscow, 72 employees of the military prosecutor's offices were killed and disappeared, of which only 11 left the encirclement or later found themselves in hospitals, where they were seriously wounded. Only five encircled people continued to serve in the military prosecutor's offices. Four military prosecutors and investigators, unable to break through the front line, later fought in partisan detachments. Until now, there is no information about 43, and the fate of 10 is documented by captured Nazi documents about their stay in prisoner of war camps. Patriotic War" symbolizes the valiant performance of military justice officers of military and professional duty on the battlefields of the Great Patriotic War. The model of the composition was made by the People's Artist of the Russian Federation, sculptor V.A. Surovtsev and is a bronze figure of an officer in a front overcoat standing on a granite pedestal.
with shoulder straps of a captain of justice, clutching a PPSh assault rifle in his right hand, and opening a field bag with procedural documents with his left hand. A memorial dedicated to this topic (the composition includes the adjacent territory of military camp No. and investigators to be sworn in, honoring the fallen and living colleagues who brought our Victory closer.

Military Law School in Russia

The first military law school in Russia was opened in the first quarter of the 18th century. The date of its appearance is considered April 11 (22), 1719.

This institution was a logical continuation of the formation of a regular army and navy in the country. At the same time, military justice and military legal specialties were born. All this led to an urgent need for the emergence of military specialists in such narrow specialties as military fiscals, auditors and prosecutors. At the same time, people of this profession should not only have a good knowledge of general legislation, but also correctly interpret and put into practice special statutes, regulations and articles. For the proper performance of these duties, a special military legal education was required.

This school was created on the initiative of Emperor Peter the Great, who was a reformer in many areas of Russian life. In 1719, by his special decree, he ordered to recruit 20 literate junkers to the Military Collegium. There they were supposed to study auditing cases. After some time, he issued an order according to which several young men were sent abroad to study law there.

The highest military rank of military lawyers in Russia is the rank of Colonel General of Justice.

Legal Specialist Day

Thus, the main form of training for military lawyers in the United States is their training in advanced training courses for specialists in the military legal service. At the same time, primary military legal education is given in specialized military legal educational institutions.

The senior military leadership also has the position of a lawyer - legal adviser to the Chairman of the Joint Chiefs of Staff, a senior US military officer.

Military lawyer profession

One of the main directions of ensuring the national security of the country is the legal support of its military security. The specialists of the service solve the tasks of strengthening the defense capability of the state, eliminating dangers and threats to the vital interests of society and the state.

Judges of military courts deal with criminal and civil cases, complaints of citizens against the actions of officials. Until 1992, military courts were called military tribunals.

In the armies of foreign countries, the work of military lawyers also consists in the legal support of the activities of the relevant military command and control bodies, investigation, prosecution and defense of persons accused of crimes committed in the army, including murder, treason and terrorism, as well as rule-making activities.

The experience of legal regulation in the armies of foreign countries of service and combat activities is at a very high level. For example, a US Army division has 25 full-time legal advisers, including 2-3 operational planners. The average number of military personnel per lawyer is 800. The presence of such a large staff of lawyers, especially in comparison with our services (for example, in a separate operational division, the former division named after F. E. Dzerzhinsky, there are only 7 lawyers), is caused by the creation in the US Army of a coherent system for preparing future commanders for the upcoming leadership of military parts, connections from a legal point of view.

The specifics of the work of military lawyers, unlike civilian ones, is that they have to work in combat conditions.

Notes

Literature

• Military Law: Textbook (normative acts are presented as of January 1, 2005) Migachev Yu. I. Tikhomirov S. V. Yurlitinform 2005.

Links

• Military lawyers organize an attack on corruption in uniform.

Categories:

• Military professions
• Legal positions and professions
• Holidays March 29
• Holidays in Russia
• professional holidays
• Appeared in 2006
• military law

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See what "Military Lawyer" is in other dictionaries:

Maksimov, Nikolai Alexandrovich military lawyer (1826 1887). Published: On justices of the peace and their congresses (St. Petersburg, 1865), the French military criminal code on crimes and punishments (St. Petersburg, 1866, transmission in Russian Code ... ... Biographical Dictionary

AUDITOR, in the Russian Empire (see RUSSIAN EMPIRE) a position in military judicial institutions. This term is of Latin origin, actually a listener, listening. In Germany, auditors were called young lawyers who were present at ... ... encyclopedic Dictionary

Wikipedia has articles about other people named Maksimov, Nikolai Alexandrovich. Nikolai Alexandrovich Maksimov (1826-1887) major general, military lawyer. In 1867, during the reign of Alexander II, with the introduction of military judicial reform, he was appointed ... ... Wikipedia

LAWYER, lawyer, husband. 1. A person involved (scientifically or practically) in legal matters. Academic lawyer. Lawyer practitioner. He is a lawyer by training. || Law student (colloquial). 2. Included in the designation of military ranks for ... ... Explanatory Dictionary of Ushakov

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State educational institution of higher professional education Academy of the Federal Security Service of the Russian Federation (official full real name); in English The Academy of Federal Security Guard ... ... Wikipedia

Books

• History of the Life Guards of Her Majesty Empress Alexandra Feodorovna's Ulansky Regiment. Volume 1, Pavel Osipovich Bobrovsky. Pavel Osipovich Bobrovsky (1832-1905) Russian general, military lawyer and historian, ethnographer, senator. Reproduced in the author's original spelling…

There are a lot of museums in our country. Interesting and not so interesting. However, among them there is a truly unique museum. Today you can visit it with me. This is the museum of the Chief Military Prosecutor's Office. It is located directly in the GWP building itself, which is located at the Frunzenskaya metro station at the address: Kholzunova lane, house 14. This museum is "closed".

To be here is a great, serious success for any researcher. Just like that, what is called "from the street", it is impossible to get into this museum: they do not sell tickets to it, there are no random people here and a bored idle public does not wander around. Few people know about this museum, except for a narrow circle of dedicated specialists. Many exhibits of this museum cannot be exhibited publicly: the Chief Military Prosecutor's Office, whose activities have always been accompanied by the secrecy regime, has its own secrets. It is not yet time to open many of them.

The press never wrote about this museum, it was never shown on television, and there was no Zvezda TV channel here.

The leadership of the Main Military Prosecutor's Office, having considered my request, went forward and, as an exception, kindly provided the opportunity to photograph the exposition of the GVP Museum and some exhibits, followed by posting the photos here on this portal.

After obtaining the appropriate clearance, having overcome several posts of internal security, accompanied by an officer of the Main Guards Command, who are closely studying my documents and a pass, I am here. I want to tell you right away that the very atmosphere of the museum premises inspires respect. Almost complete immersion, which is called “in the era of the forties”: high ceilings, strict glass showcases with exhibits, massive doors with brass handles, thoughtful lighting, convenient location of the exhibits. The exposition of the museum is divided into eras: Tsarist times, the Soviet Union, modernity.

After examining and photographing those museum exhibits that can be openly demonstrated on the resource, I was also allowed to shoot the "gallery of the Chief Military Prosecutors" - a unique collection of handwritten portraits of all the Chief Military Prosecutors of Tsarist Russia, the USSR and the Russian Federation. You won't see this anywhere.

To be honest, today I experienced strange feelings. There was a time when I (then an officer of justice - an investigator of the military prosecutor's office) went here, to the GVP, "for work" and did not wait at the Reception Room, but passed through the checkpoint, showing my certificate to the guard on duty, but time is passing. Now other officers of justice go through the checkpoint, and their certificates are much more beautiful than my then modest “red crust”, and the uniform of the guard on duty is more reminiscent of special forces equipment.

I will show you what I saw in the museum for the sole purpose. This general goal is indicated on the main page of the resource: popularization of the military justice authorities and the fight against the attempts of modern Trotskyists (who proudly call themselves "military historians", but at the same time are in the service of the American administration) to slander the military justice of the Red Army.

It was they who - on American grants - published a lot of books that slander the image of military investigators, military prosecutors, military judges of the Red Army.

It is they who prove that our military justice was then and is now "pocket and rapid-fire", that it is guilty of the so-called "Stalinist repressions".

It is they who slander the bright name of Beria and throw mud at the Great Stalin.

It is they who yell about "Putin's tyranny", about the "lack of democracy in Russia" and in every possible way slander my President, whom the world is looking at, as the only leader who wanted to spit on the "hochuhi" of the overseas "regional committee".

It is they who are trying to distort the history of the 2nd World War, “cover over” our Victory and make the whole world forever forget the true winner of Nazism - the Workers 'and Peasants' Red Army, and expose my Motherland - the mighty Soviet Union - as an aggressor.

At some point in my life, I suddenly saw that they were strong. And that their name is legion.

And then I declared war on them. Your own, personal.

Read my feature articles on this resource.

Each of my articles is another bullet from the TT in their fat necks.

Each of my articles is another silver nail in the lid of their filthy coffin.

Each of my articles is another birch cross on their grave, with a holey NATO helmet on top.

I urge everyone who is not indifferent to follow my example. Especially - my former colleagues - employees of the military prosecutor's office: former and current. Be my allies in this war. If you have items or documents in your personal archives that can be presented in a museum, transfer them to the museum. How do I do it.

Thus, you will prolong the life of priceless relics and provide great assistance to the Chief Military Prosecutor's Office - an organization that today is the only non-corrupt law enforcement system in Russia.

Support GWP. Today - she really needs you.