scholarly journals Administrative Justice in the Soviet Period: An Analysis of the Theory, Legislation and Practice of the Second Half of the 20th Century

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 119-133
Author(s):  
E. B. Ablaeva ◽  
A. R. Ensebaeva ◽  
M. A. Utanov

In the Soviet theory, the complex and confusing path that administrative justice overcame in its formation is conditionally divided into four stages. Based on the periodization identified by Soviet scientists (A.V. Absalyamov, V. I. Piunova, and D. M. Chechot) the authors conclude that the institute under consideration was more or less developed in 1961-1993. The administrative justice of the second half of the 20th century has a relatively high quality characteristic, because, first, at the fourth stage of the Soviet period, the right to judicial appeal was assigned to a wider range of persons and was provided for in the most important spheres of society. Second, with the adoption in 1961 of The Foundations of the civil procedure in the USSR and Union republics disputes between the bodies of Soviet power and citizens were separated from other cases and formed a separate category. These two circumstances determined the choice of the research topic.The authors analyze the normative legal acts adopted in the post-war years, which regulated public-legal relations. Familiarization with the theory of the Soviet administrative justice and the practice of its application in the second half of the 20th century is of interest to the former Union Republic, namely the Kazakh SSR. The paper describes the Soviet way of development and improvement of the institute of administrative justice in the period from the end of the Great Patriotic War to the beginning of the collapse of the Soviet Union. The purpose of the work is to study the public legal relations that arose between Soviet citizens and the Soviet state in the person of its bodies and institutions, as well as officials and employees.

Lex Russica ◽  
2021 ◽  
pp. 67-81
Author(s):  
E. B. Ablaeva ◽  
A. R. Ensebayeva ◽  
M. A. Utanov

Socio-political significance and legal status of the institute of administrative justice are widely understood in the context of the thorough analysis of Soviet theory, legislation and practice of the first half of the last century. The choice of the subject matter of the study is preconditioned by the universally recognized periodization, according to which administrative justice in the Soviet period reached the highest level of development in the first half of the 20th century after the foundations of civil proceedings of the Union of the SSR and the Soviet Union Republics were approved in 1961. From this point of view, it is very interesting and useful to study the objective circumstances that took place in the first half of the last century. The study covers the beginning of the Soviet path of development and improvement of the institute of administrative justice, the lower border of which constitutes the final moment of the establishment of Soviet power, and the upper border covers the post-war period of the Soviet Union. The grounds, conditions and procedure of settlement of complaints against actions of Soviet institutions and officials are identified by various bodies. The selected subject matter was actualized during the development and adoption of the first Administrative Procedural Code of the Republic of Kazakhstan, as well as in the course of institutional reform aimed at ensuring the rule of law, including in the areas of public administration and local government.The purpose of this paper is to study the issues of regulation of public relations arising between the Soviet State represented by public authorities, their officials, state officials, on the one hand, and Soviet citizens and their associations, on the other. To achieve this goal, the following tasks are set: studying the normative legal acts of the Soviet power issued by the central election commissions, All-Russian congresses of councils, people's commissariats, workers'-peasants' inspectorates, councils of workers'-and-peasants' defenses and many other Soviet institutions regulating administrative justice in the first half of the 20th century; determination of grounds, conditions and procedure for appealing or challenging the legality of acts, decisions, actions or omissions to act on behalf of Soviet institutions and officials; analysis of the legal thought of the first half of the 20th century.


2005 ◽  
Vol 20 (3) ◽  
pp. 407-408 ◽  
Author(s):  
GIJS KESSLER

The following articles by myself and by Andrei Markevich are the first in a series of four analysing income-earning strategies of urban households in twentieth-century Russia and the Soviet Union. The articles deal with a similar set of issues for four subsequent periods. In this issue of Continuity and Change my article covers the early Soviet period from the revolution of 1917 to the start of the Second World War and Andrei Markevich focuses on the war, the post-war Stalin period and the Khruschev years, taking his analysis into the latter half of the 1960s. In the next issue, Victoria Tyazhelnikova will examine the Brezhnev period and Sergei Afontsev the years of reform under Gorbachev and in post-Soviet Russia.


1995 ◽  
Vol 12 (4) ◽  
pp. 571-575
Author(s):  
Farkhad S. Juraev

The collapse of the Soviet Union and the creation of new independentstates has generated great interest among scholars and politiciansin the history and contemporary situation in the region. CentralAsia is not an exception to this case. Viewed in this light, Central Asia: The Rediscovery of History is a welcome contribution towardintroducing the western scholarly community to the politics of CentralAsia.The book is composed of a number of articles published by Turkiclanguage specialists from 1904 to 1990, and of official documents fromCentral Asia and Azerbaijan. The integration processes of the Turkicpeoples, which began during the Soviet period, are now in full force. In1990, the heads of the Central Asian republics signed a treaty for economicand cultural cooperation. The treaty was also signed by Tajikistan,the only representative of the Indo-European family in CentralAsia. The integration envisioned a united economic space betweenKazakhstan, Uzbekistan, and Kyrgystan. In the 1992 and 1994 summitsheld in Ankara and Istanbul, Turkey and five newly independent Turkicstates confirmed their desire to cooperate in the economic and politicalarenas. Therefore, attention to Central Asian problems and the publicationof several scholarly works from this region are symbolic, to someextent, of the attention being paid to the significance of a commonTurkic tradition and the possibilities of a meaningful integration in the“Great Turan.”The book begins with Ayaz Malikov’s “The Question of the Turk:The Way out of the Crisis.” This chapter actually sets the tone for thewhole book by making a case for the need to attract the attention ofscholarly and political circles from around the world to the problems ofthe Turkic nations and their suffering under Soviet rule. His statementthat “our peoples do not have their own history” seems to be true, forall of the nations (not only the Turkic ones) in the former Soviet Unionhad to study mainly the history of the Russian state at the expense ofdeveloping their own historical consciousness. No doubt the author isright in his claims about Soviet violations of the rights of Turkic communitiesin Russia, especially the right to study in their own languagesat schools and universities and even the right to listen to programsbroadcast by western radio stations in their native languages. Arguingthat the political history of the Turkic nations extends backwards formore than two thousand years (p. 4), Malikov calls for the right ofTurkic peoples to seek unification without fear of being charged withadvocating “Pan-Turkism” (p. 6). The author appeals for the formationof a terminological commission that will be entrusted with seeking theunification of the Turkic language.All of the other chapters-Muhammad Ali’s “Let Us Learn about OurHeritage: Get to Know Yourself,” Zeki Togan’s “The Origins of theKazakhs and Ozbeks,” and Kahar Barat’s “Discovery of History: TheBurial Site of Kashgarli Mahmud”-are attempts to prove the Turkic originsof Central Asia since antiquity. Ali’s attempt to connect the term“Turan” with the ethnic term “Turkic” by referring to the Shah-ndma ofAbul Qasem Firdousi is quite novel, if not eccentric, as is his attributionof the Iranian language’s dominance in Central Asia as being the result ...


Author(s):  
Александр Стефанович Иващенко

Дезинтеграция гигантского по численности населения и территории, полиэтничного и поликонфессионального государства, каким был Советский Союз, изначально не могла пройти безболезненно и без потерь. Национальным политическим элитам бывших советских союзных республик, в целом благодаря выдержке и политической дальновидности, удалось избежать «кровавого развода» по «югославскому сценарию». Однако полностью предотвратить жёсткий конфликт интересов, переросший, к сожалению, в военные столкновения на постсоветском пространстве, не удалось. К Нагорному Карабаху, Приднестровью, Абхазии, Южной Осетии, ставшими «точками напряжения» на территории бывшего Советского Союза ещё в 90-е гг. ХХ в., во втором десятилетии ХХI столетия прибавился Донбасс. В статье предпринята попытка проанализировать мотивы и содержание политико-дипломатических действий России по отношению к развитию грузино-абхазского конфликта в постсоветский период и их последствия для Грузии и Абхазии. Автор вскрывает перипетии внутриполитической борьбы в российской политической элите в 90-е гг. ХХ в. при выработке политики Москвы по отношению к грузино-абхазскому конфликту. Затрагивается острая проблема совместимости принципа территориальной целостности полиэтничного государства с принципом права народов на самоопределение, вплоть до полного отделения. Поддержав Абхазию в конфликте с Грузией, Москва укрепила свой авторитет среди северокавказских народов, но ценой потери добрососедских отношений с Грузией. The disintegration of a large population and territory, multi-ethnic and multi-confessional state, as the Soviet Union was, could not initially go painlessly and without loss. The national political elites of the former Soviet Union republics, in general, thanks to endurance and political foresight, managed to avoid a "bloody divorce" like the "Yugoslav scenario". However, it was not possible to completely prevent a severe conflict of interest, which, unfortunately, grew into military clashes in the post-Soviet space. In the second decade of the 21st century, Donbass was added to Nagorno-Karabakh, Transnistria, Abkhazia, South Ossetia, which became "points of tension" in the territory of the former Soviet Union back in the 1990s. The paper attempts to analyze the motives and content of Russia's political and diplomatic actions in relation to the development of the Georgian-Abkhaz conflict in the post-Soviet period, and their consequences for Georgia and Abkhazia. The author reveals the vicissitudes of internal political struggle in the Russian political elite in the 1990s when developing Moscow's policy towards the Georgian-Abkhaz conflict. The publication raises the urgent problem of the compatibility of the principle of the territorial integrity of a multi-ethnic State with the principle of the right of peoples to self-determination, up to and including full secession. By supporting Abkhazia in the conflict with Georgia, Moscow strengthened its authority among the North Caucasus peoples, but at the cost of losing good-neighborly relations with Georgia.


2020 ◽  
Vol 65 (3) ◽  
pp. 826-841
Author(s):  
Alexander S. Puchenkov ◽  

An immense role in the collapse of the USSR was played by a whole array of factors: the public being tired of the Communist project; the massive shortages of consumer goods, which made people hate the government; the growing opposition within the Communist party to Gorbachev’s reforms; the hesitation of the General Secretary who tried to rely in turn either on the right or on the left wing; the drastic fall in the living standards. The crucial role, however, was played by “the parade of sovereignties” and the Centre being too late in its attempts to address the national question. By the autumn of 1990, the President’s close associates started to sense that power was slipping from Gorbachev’s hands; with the fellow countrymen staying remarkably indifferent, the Soviet Union was heading towards dissolution as the ambitions of local party leaders in the constituent republics generated and cannily magnified nationalist and separatist trends. Gorbachev kept up his maneuver strategy, which put him on the verge of resignation in the spring of 1991 when his support was minimal. He seemed, though, to have managed to pull out of this dive thanks to the Soviet Union referendum held on March 17, in which the voters were asked if they considered the preservation of the USSR necessary. Eventually, however, the issue of preserving or not preserving a unified state depended directly on the position of Russia as the backbone of the Soviet Union. The study draws on the author’s personal archive of original testimonies and interviews of the political figures directly involved in the events in question.


Author(s):  
Jānis Oga

This paper examines travels outside the Soviet Union by Latvian writers who were recognised by the occupation regime and acclaimed by the public during the Brezhnev era –from the 1960s into the 1980s – as one of the privileges enjoyed by the so-called creative intelligentsia, and how those travels were reflected in their literary and journalistic writings. The writers studied were born between 1910 and 1939 and can be seen as belonging to three different generations. The generational differences have a significant impact on how their experiences were treated in their works. Some of the texts considered in this paper are manifestations of their authors’ authentic creativity, whilst others exhibit obeisance to the status quo of their time and obligatory praise for the regime. But can a line between the two be clearly drawn? What were the goals and possibilities for travel among recognized and materially secure writers? What were they permitted to tell those readers who had no such travel opportunities? How did the notes they published in periodicals differ from the versions that later appeared in books? The methodological basis for this paper is the work of Alexei Yurchak, a Russian-born American anthropologist who provides a unique understanding of the concept of ‘the abroad’ (заграница) in the Soviet Union as demarcating not actual borders or territory but an imagined space, and the insights of the Canadian historian Anne E. Gorsuch about Soviet tourism abroad. Gorsuch has studied how Soviet citizens internalised Soviet norms and supported Soviet goals, but also the attempts by tourists to evade official constraints on their experience in foreign lands and how they sought to devise their own individual itineraries. Journeys abroad elicited conflicting emotions. Writers had to be comparatively affluent to travel, but they often experienced humiliation when confronted with the reality of their meager financial means outside the U.S.S.R. and the fact that they remained in durance even in the free world. Versions of their writings published in the post-Soviet period and later commentaries bear witness to episodes that could not be described in the Brezhnev era as well as self-censorship.


Author(s):  
G. Batyrbekkyzy ◽  
◽  
T.K. Mekebaev ◽  
Zh.Zh. Kumganbaev ◽  
◽  
...  

The article is a part of the history of the Great Patriotic War of 1941-1945 - newspapers in the Kazakh language on the front. It is a chronicle of the bravery of the Kazakh warriors, the brave sons and daughters of the Kazakh people, the citizens of the Soviet Union in fiery battles, and the feat of home front. The most widespread and developed branch of the Kazakh journalism of that time - daily editions, newspapers, constantly transmitting the news to the public and readers. If in fact, the main duty and responsibility of the media (media) before the country, the Creator, for society was to guide the positive emotions of all citizens by the right distribution of truth and to ensure the development of society, then during the war years the media had fully fulfilled their duty, performed, described exemplary ways to defend the Motherland, passed on to the descendants as a historical heritage. This is an eternal historical value and value for us and for our future generations.


1999 ◽  
Vol 27 (2) ◽  
pp. 247-270
Author(s):  
Paul W. Werth

If until recently Western investigations of “the nationalities question” in Russia and the Soviet Union focused almost exclusively on the larger and more visible “nations” that enjoyed union-republic status in the Soviet period, scholars have now begun to devote more sustained collective attention to the history of smaller ethnic groups that received only “autonomous” units within the Russian republic itself. For many of these peoples, subjected to Russian imperial rule and cultural domination for the entirety of their modern history and endowed with fewer of the opportunities for national development available to titular nationalities in the union republics, the problem of maintaining their particularity and of articulating a vision of collective cohesion has been especially acute both historically and in more recent times. Yet the fact that some of these groups are now threatened with eventual disappearance as distinct linguistic and cultural communities should not blind us to the complex, contingent, and inherently messy nature of their assimilation. Indeed, close scrutiny reveals that the very processes of assimilation contain within themselves possibilities for the emergence of hybrid cultural configurations and the appropriation of dominant conceptions for the transformation of indigenous culture along new trajectories.


2021 ◽  
Vol 145 (2) ◽  
pp. 119-134

Widely known for its diversity of peoples, the Caucasus is home to the so called Transcaucasian states, which include Azerbaijan, Georgia, and Armenia. Formed as member republics of the Soviet Union in the early 20th century, these nationstates became independent after 1990. Though they in many ways owed their existence to Soviet policy, and of course also to Soviet power, the peoples of this region nevertheless regarded their countries as legitimate nations, and saw themselves as proud custodians of thousands of years of culture and statehood. Like their neighbours, the Azerbaijanis have laid claim to a long history of civilization and development in the Caucasus. Beyond this, they also profess to live in the first democratic state of the Islamic world. This selfdefinition already carries in itself the peculiarities of their peripheral position, namely the hybridity of their collective identity (Bhabha, H. 2004). As part of Islam, but as a result of tsarist Russian expansionist efforts, they became involved in the process of forming “imagined communities” (Anderson, B. 1991) which resulted in the proclamation in 1918 of their shortlived independent nation state. However, the formation of their national identity over the rest of the 20th century was determined by Soviet type state power, which meant the abolition of the role of religion in defining identity. The effects of the Soviet period, in addition to the nature of political leadership, also illustrates continuity in everyday life, even after the break up of the Soviet Union, and in parallel with the revival of Islam. Given its history in the short 20th century, Azerbaijan understandably retains specific post-Soviet characteristics. This article focuses specifically on the effects of power, hegemony and leadership that determined the formation of the Azerbaijani nation. In terms of the national consciousness of Azerbaijanis more generally, the direct and indirect influence on the periphery by centralized leadership, whether Soviet or now Russian, is paramount.


2020 ◽  
Vol 73 (4) ◽  
pp. 633-668
Author(s):  
Michael Nosonovsky ◽  
Dan Shapira ◽  
Daria Vasyutinsky-Shapira

AbstractDaniel Chwolson (1819–1911) made a huge impact upon the research of Hebrew epigraphy from the Crimea and Caucasus. Despite that, his role in the more-than-a-century-long controversy regarding Crimean Hebrew tomb inscriptions has not been well studied. Chwolson, at first, adopted Abraham Firkowicz’s forgeries, and then quickly realized his mistake; however, he could not back up. Th e criticism by both Abraham Harkavy and German Hebraists questioned Chwolson’s scholarly qualifications and integrity. Consequently, the interference of political pressure into the academic argument resulted in the prevailing of the scholarly flawed opinion. We revisit the interpretation of these findings by Russian, Jewish, Karaite and Georgian historians in the 19th and 20th centuries. During the Soviet period, Jewish Studies in the USSR were in neglect and nobody seriously studied the whole complex of the inscriptions from the South of Russia / the Soviet Union. The remnants of the scholarly community were hypnotized by Chwolson’s authority, who was the teacher of their teachers’ teachers. At the same time, Western scholars did not have access to these materials and/or lacked the understanding of the broader context, and thus a number of erroneous Chwolson’s conclusion have entered academic literature for decades.


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