Mikheieva O. Enforcement agencies of the Ukrainian Soviet Socialist Republic (USSR) at the time of the New Economic Policy (NEP) : historical aspects establishment and functioning

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0512U000342

Applicant for

Specialization

  • 07.00.01 - Історія України

20-04-2012

Specialized Academic Board

Д 11.051.02

Essay

Dissertation is a study in which the system of law enforcement bodies of USSR is analyzed in the light of mutual relations between the union center and the republican government through a competitive cooperation between specific units of the law enforcement system as well as through cooperation of the government and the population. Geographically the research covers the territory of the Soviet Ukraine at the time of the New Economic Policy (NEP) and chronologically it fits into NEP's periodization from 1921 to 1928 established in the Ukrainian historiography. The chosen period of time allowed to not only illustrate the law enforcement system from NEP introduction to its winding down, but also analyze different aspects of life of the society in the light of transfer from military communism to NEP and from NEP to the "great leap" into industrialization followed by systematic changes in relations of the state with the society. All this collectively provided an opportunity to perceive the society, individuals and culture of that time as an inseparable unity, as well as to substantially expand historical knowledge on a day-to-day life of a person at the time of NEP, on introduction of a new soviet life, on means of opposition of population to such activities of government that contravened traditional social relations, etc. In the first part, "Historiography, resource base and theoretic and methodological research techniques", the level of the scientific development of the selected theme was analyzed, the resource base was characterized, the main methodological guidance was determined and the selected research techniques were substantiated. The research contains a substantial historiography comprising primarily historical publications as well as criminological, judicial and sociological literature. In the second part, "Crime rate at the initial stage of establishment of the soviet law enforcement system" the specific character of the unlawful conduct under conditions of system transformation in Ukraine in 1920 is analyzed as well as the peculiarities of criminal acts of NEP times through static and sociodemographic indicators. At the times of the NEP in the soviet state in general and in USSR in particular the general tendency determined at the end of the 19th century remained in force, namely that of stable increase of crime rates and the segment of recidivism in particular. Herewith, through intensive political and ideological interference in the work of the law enforcement system, internal structure of law violations depended not only on natural factors and laws under which any criminality developed, but also on artificial conditions dictated by the companies established by the government that in its turn complicated the criminological analysis of the statistics of unlawful acts at the times of NEP. During the times of NEP the tendency of decrease of the level of significance of political crime rate, its consolidation with the general criminal rate and merging of its indicators in the general statistics is observed. Analysis of the criminal world of the USSR at the times of NEP in the light of sociodemographic indicators allowed demonstrating breakdown of the element of the soviet ideological system concerning elimination of criminality under conditions of positive development of the soviet state as well as show changes in the class approach to the person of the criminal. In the third part "Law enforcement component of activity of the People's Commissariat of Justice (PCJ) of USSR: expansion and adaptation of the conditions of the New Economic Policy" the role and functional load of People's Commissariat of Justice in the system of republican Counsel of People's Commissaries of USSR was determined. People's Commissariat of Justice had to deal with the issues of development and adjustment of the activity of the judicial system, investigating authorities, defense (advocateship) and from 1922 prosecution and supervision (public prosecution); initial discussion and working out of draft laws, promulgation and explanation of laws, active participation in development of the legal regime, work on unification of the penal policy, work with commissions on juvenile affairs as well as control of all the places of detention. From 1922 control of places of detention was carried out by the People's Commissariat for Internal Affairs (PCIF) and PCJ continued carrying out functions on control of penal system. The fourth part, "Law enforcement bodies as part of PCIF: militia and criminal investigation office of USSR in 1920th", covers organizational and structural and personnel search in militia and criminal investigation departments as components of the People's Commissariat for Internal Affairs and provides characteristics of a day-to-day life and activity of the officers of the law enforcement bodies. The main achievement of militia and criminal investigation department at the times of NEP became stabilization of activity based on completion of the process of development of the structure as well as on standardization of a day-to-day work and brought forth the feeling of availability of the structure protecting the society against criminal actions. In the fifth part, "Penal system as an element of law enforcement system of the soviet government", the latter is considered not only as an executor of judicial decisions, but as a quite independent in its decisions and choice source of broad application of moral and educational measures that in the end provided for preventive law enforcement function. In the process of re-education the principal attention was paid to long terms of imprisonment, on its collective forms and occupational therapy. However, due to terrible conditions of keeping in the places of detention, mixing of those convicted and on trial, failure to provide prisoners with work, etc. keeping in prison significantly effected physical and psychological state of people and favoured criminal socialization. Finally, all that effected the life of the society on the whole that due to increase of the quantity of people being in prison and getting back to normal life experienced such an event as "prisonization" of the society, i.e. the situation of usage of language, norms, rules and behavioral models adopted in places of detention to ordinary life. On the other hand, the new practice of re-education of criminals, organization of cultural and educational measures with active participation of prisoners, the system of general education and vocational training in compulsory labour houses as well as a range of general educational measures aimed at re-education of a person and getting back to normal social life are given credit for. Soviet penal system was not closed for non-governmental organizations; and became issues for discussions at the public discourse through publications in mass media, including specialized publications for prisoners. However, in the middle of 1920th civil initiatives were gradually wound down, and that made the system of places of detention non-transparent for the society at the end of NEP. In the sixths part, mass media and intergroup communication as means for crime control and public safety, which were used by the government to establish and consolidate a new strategy as well as victory in the race for "nomination power", in other words, legitimate determination of reality. Symbolic determination of the race is the most important as the victory in this struggle provides strong legitimation of regime, political power and declared values. It also establishes a new society. In the study the soviet practice of involvement in execution of law enforcement functions of a wide range of people as organized into non-governmental organizations as well as situationally consolidated in a group at the time of meetings, public hearings, theatrical judicial trials, etc. was reconstructed. It is considered to be an efficient method of legitimation of penal policy. A detailed analysis of the two specific cases ("Kyiv case" and "Kherson case") allowed to determine underlying mechanisms of unlawful conduct of soviet officials, including heads of law enforcement bodies, reconstruct a day-to-day life of the soviet nomenclature and explain reasons of their criminalization. By means of communication of elements of new ideology via mass media as well due to active involvement of population in execution of law enforcement functions within the frameworks of public measures the government applied practice of shared responsibility thus providing for legitimation of own penal policy.

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