scholarly journals Martial Law as a Legal Phenomenon of the Great Patriotic War

Author(s):  
Sergei Gennadievich ◽  
Aleksey Deryugin

The article attempts to give an objective assessment of the state wartime policy aimed at regulating public relations during the Great Patriotic War, to qualify the activities of the military authorities, the USSR NKVD troops and bodies as subjects of legal relations developed in the sphere of functioning of the legal regime of that time. The relevance of the research of the mentioned problems is conditioned by the urgent need to strengthen the confrontation with the ongoing attempts to rewrite the history and neutralize the significance of the USSR’s victory over Nazi Germany. From the standpoint of the principle of historicism, the article reveals the legal structure of the martial law regime as a wartime integral legal phenomenon. The specific historical reasons for the establishment of an emergency legal regime in the frontline zone, its content as a kind of martial law regime, the specificity of the troops and bodies activities of the USSR NKVD to ensure the legal regime of the frontline zone are also shown. Based on archival and other historical sources, the article substantiates the conclusion that the scope of powers of the military authorities, troops and law enforcement agencies directly depended on the severity degree of the legal regime, which, in its turn, determined the restriction degree of the rights and freedoms of the population living in the areas of the emergency legal provisions action. Recommendations for the application of emergency legal mechanisms aimed at ensuring state and public security, taking into account the interests of the state and society, are formulated in the conclusion.

Author(s):  
Sofia DEMIANYSHYNA ◽  
◽  
Yuliia MEDVID ◽  

Service and combat activities of servicemen of the National Guard of Ukraine have psychological features, respectively, and in the process of training reserve officers they must be taken into account. Changes in service and combat activities in the training of personnel for service and combat activities have an impact on the psychological features of this activity and on the psychological features of the formation of readiness of future reserve officers for it. Method. Survey. Results. According to the results of the study, the psychological features of the formation of the readiness of future reserve officers for service and combat activities are determined. It is proposed to adjust the training process taking into account the identified psychological features of the formation of this readiness. Originality. The necessity has been determined: to carry out training of applicants according to the program of training of reserve officers in the military accounting specialty - military psychologist; scientific and pedagogi- cal staff of the department of reserve officers training to review the content of the program in such a way as to reveal the features and importance of all functions of the National Guard of Ukraine, including participation in measures to end armed conflict and other provocations at the state border prevention of mass crossing of the state border from the territory of neighboring states, participation in the implementation of measures of the legal regime of martial law and participation in the implementation of territorial defense tasks; application of exercises and games for the development of the necessary qualities and prevention of the development of negative qualities, which can be used both during the training program for reserve officers and in out-of-class activities. Resume. Further research will be aimed at determining the pedagogical conditions for the formation of the readiness of future reserve officers for service and combat activities, taking into account the psychological characteristics and conducting a pedagogical experiment.


2021 ◽  
Vol 10 (2) ◽  
pp. 70-80
Author(s):  
A.B. ARBEKOV ◽  

The article analyzes the events that led to the beginning of the Second Anglo-Afghan War (1878-1881). In particular, the military and political side of the Anglo-Russian conflict at the final stage of the Eastern crisis (1875-1878) is sub-jected to a more detailed study. The author examines in details a particular episode – the departure to Afghanistan in the summer of 1878 the diplomatic mission of Major-General N. G. Stoletov to conclude an alliance against England, which was accompanied with a military demon-stration of the Russian army in relation to British India. Based on the comparison of the domestic and foreign researcher’s points of view, as well as by involving various groups of historical sources, an attempt is made to give an objective assessment of these events and to identify their influence on the genesis of the second Anglo-Afghan war, which became a natural consequence of the Anglo-Russian rivalry in the East at the end of the XIX century.


2019 ◽  
Vol 20 (2) ◽  
pp. 87-119
Author(s):  
Bartosz Kapuściak

The primary task of the military intelligence in the People’s Republic of Poland was to acquire materials on the armament and stationing of NATO troops. However, due to the demand of the communist authorities, it also conducted political activities aimed at, among others, the Catholic Church. The interest of the state authorities increased especially during the pontificate of John Paul II. According to the assessment of military intelligence, the election of Karol Wojtyła as Bishop of Rome stimulated the Catholic Church both in Poland and in the Vatican. In this way, the activities of the Second Directorate of the General Staff of the Polish Army were within the scope of civil intelligence interests. The article aims to show the role played by intelligence officers and informers operating in Rome undercover as military attachés or in civilian institutions. Their actions resulted in the establishment of contacts with the church environment and acquisition of voluntary and involuntary informants. In this way, the Second Directorate of the General Staff of the Polish Army provided the party and political apparatus with interesting news and materials. Following the introduction of martial law in Poland, the church from the Rome area started sending parcels of food, clothes and medicines to Poland. This aid for the country was used to establish contact with the Polish clergy thanks to the initiative of Colonel Franciszek Mazurek.


Author(s):  
Oleksandr M. Bukhanevych ◽  
Anastasiia M. Mernyk ◽  
Oleh O. Petryshyn

The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance


Author(s):  
M.N. Potemkina

The sources on the history of economic crime during the Great Patriotic War are considered in this article. They relate to an important industrial rear town - Magnitogorsk. The documentary materials of central and local archives, as well as publications in the local press of the war period, containing information that can be used for scientific purposes to study the problems of economic crime in the Soviet rear under extreme conditions of war, are examined. The revealed materials contain statistical data, descriptions of various types of economic crimes, analysis of the factors of their reproduction, change in the legislative base of the state counteraction to crime. It was concluded that, despite the incomplete preservation and dispersion of documents in various archives and funds, the identified materials have a high informative value and their scientific use will contribute to the integrated disclosure of the problem of economic crime in a rear industrial city of strategic importance.


2021 ◽  
Vol 47 (1) ◽  
pp. 89-105
Author(s):  
GERRI O’NEILL

In April 1921, while Waterford was under martial law, Brigid Fahy, a native of Dungarvan, and her maid Bridget O’Neill, became victims of a violent assault in their home during curfew hours. The alleged perpetrators were two ‘Black and Tans’ attached to the RIC barracks in the town. They subsequently returned to the residence and burned it as a reprisal for the formal complaint made by Fahy about their behaviour. This article explores how the police, the military and the state responded to Fahy’s public pursuit of justice. Drawing on the correspondence between Dublin Castle and senior military officers, as well as Fahy’s sworn statement, it highlights the tensions that existed between the civil and military authorities in Ireland during this period. Central to the narrative is chief secretary Sir Hamar Greenwood, who—despite his elevated position within the Irish administration—could not persuade General Strickland’s 6th Division to communicate any information on the case, leaving Greenwood in an almost untenable position when confronted with questions on the matter in the House of Commons. Fahy’s case not only highlights the breakdown in communications that existed between Dublin Castle and the military, but demonstrates the breakdown of trust between the citizens of Dungarvan and the RIC. It argues that crimes of this nature may have been under-reported, as women had no incentive to report the crimes of the RIC and every reason to refrain from doing so.


2018 ◽  
Vol 32 (32) ◽  
pp. 239-255
Author(s):  
Mukola Turkot

Тhe purpose of this article is to show the state of the functioning of law enforcement agencies in Ukraine, which are fighting against military crime. In addition, the algorithm for the activities of the military prosecutor’s office is shown after changes are made to the legislation. It was noted that the national security of Ukraine and its military security are protected by the Armed Forces of Ukraine and other military formations. In these military formations serve soldiers, officers and generals. The tasks of each military formation are different. Introduction. The article defines the national security of Ukraine, the military security of Ukraine, and how security is created. The same is said about the subjects of ensuring the security of the state. The same is said about the subjects of ensuring the security of the state. It is separately noted that there is a bill on the State Bureau of Military Justice. This military law enforcement agency should implement the functions of pre-trial investigation against servicemen and others. The research methods are used taking into account the topic of the article, the problems that need to be addressed, and the conclusions to be drawn. Such methods were used: formal-logical, hermeneutical, comparative. Thanks to these methods, it was possible to compare the competence of military formations in Ukraine, to determine the necessary legal possibilities for the future law enforcement agency – the State Bureau of Military Justice. The conclusions contain the author’s statement that the time has come to create, in addition to the military prosecutor’s office, yet another law enforcement body whose competence extended to all military formations. This is due to the fact that in Ukraine at the moment there is no shadow of one military formation, whose competence extends to other military formations. The exception is the military prosecutor’s office.


Author(s):  
Petr S. Kabytov ◽  
◽  
Nadezhda N. Kabytova ◽  
Ekaterina P. Barinova ◽  
◽  
...  

The article considers the principles and methods of studying behavioral practices in the everyday life of people through their fates during the Great Patriotic War. The materials of oral history are analyzed, the subjectivity of which does not distort, but complements the information of legislative and clerical sources. Valuable information is contained in declassified and digitized documents of the Martyrologist of the Great Patriotic War of 1941–1945. Based on the memories of war and labor veterans, data of electronic resources highlighting new facets of known events, forms and methods of overcoming dangers and threats in extreme conditions are shown, which made it possible to identify a specific mechanism for the formation of the human factor in the military defense potential of the country.


1930 ◽  
Vol 24 (3) ◽  
pp. 648-652
Author(s):  
Cortez A. M. Ewing

In Oklahoma, impeachment is of the soil racy. In the twenty-three years of statehood, thirteen impeachment messages have been received in the Senate from the House. Governor Williams (1914-18) has been the only one of six elected governors against whom House investigations were not ordered, and he may have been spared by the unusual House rule which declared any members guilty of perjury who swore to charges that were not substantiated in an investigation.Backed by the farmer-labor group, John C. Walton was elected governor in 1922 in a campaign marked by bitterness and party bolting. Before he was inaugurated, rumor had it that he would be impeached. Opposition to him sprang from three main sources—disappointed office-seekers, the klan, and the school bloc. However, it was the klan that finally dragged him down. To prevent klan outrages and to punish their perpetrators, Walton attempted to employ the military forces of the state. Martial law was declared in the city of Tulsa on August 13, 1923. It was soon extended to the whole of Tulsa county, to Okmulgee county, and finally on September 1 to the whole state. Adding to the confusion, the legislature tried to convene itself in extraordinary session, under the excuse that the governor's action had made such a step necessary and essential to the welfare of the state. Walton countered by branding the legislators as klansmen and a meeting of the legislature as an unlawful klan assembly. An attempted convening was frustrated by armed force on September 16.


2018 ◽  
Vol 14 (4) ◽  
pp. 13-19
Author(s):  
Dmitry M. Timokhin

Abstract. The article focuses on the last atabek of Azerbaijan Muzaffar ad-Din Uzbek, the history of whose reign, despite the existing studies, requires special attention. In this article, we try to analyze the description of the life and reign of this historical figure, trace the folding of his image in the Arab-Persian historical sources from different eras. Secondly, we would like to compare the image of the last atabek that was formed in the medieval written sources, with the descriptions of modern researchers. All this will allow for a better understanding of the image transformation of the last ruler of the state of atabeks of Azerbaijan. Another important task of this article is to analyze the evolution of the image of Muzaffar al-Din Uzbek in medieval historical sources and highlight the reasons why in some written monuments he is presented as a negative character or his personality, on the contrary, is subjected to “heroization”. Such an analysis of information from historical sources is impossible without the analysis of the historical context within which this or that text was formed. Finally, this kind of historical deconstruction will allow us to answer not only the question in connection with which this or that image of this historical figure was constructed but also to give an objective assessment of the life and work of the last ruler of the state of atabeks of Azerbaijan. We hope that this study will be useful not only for experts in the history of the South Caucasus of the Mongol invasion but also to a wide range of readers, interested in the medieval history of the region.


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