The Ministry of Justice of the Union of Soviet Socialist Republics (USSR) (russian: Министерство юстиции СССР, ''Ministerstvo Yustitsii SSSR''), formed on 15 March 1946, was one of the most important government offices in the

Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...

. It was formerly (until 1946) known as the

People's Commissariat for Justice The Ministry of Justice of the Union of Soviet Socialist Republics (USSR) (russian: Министерство юстиции СССР, ''Ministerstvo Yustitsii SSSR''), formed on 15 March 1946, was one of the most important government offices in t ...

(russian: Народный комиссариат юстиции, ''Narodniy Komissariat Yustitsi'i'') abbreviated as Наркомюст (''Narkomiust''). The Ministry, at the All-Union (USSR-wide) level, was established on 6 July 1923, after the signing of the

Treaty on the Creation of the USSR hy, ԽՍՀՄ ձեւավորման մասին պայմանագիր az, SSRİ-nin formalaşması haqqında müqavilə ka, ხელშეკრულება სსრკ-ს ფორმირების შესახებ , image ...

, and was in turn based upon the People's Commissariat for Justice of the

Russian Soviet Federative Socialist Republic The Russian Soviet Federative Socialist Republic, Russian SFSR or RSFSR ( rus, Российская Советская Федеративная Социалистическая Республика, Rossíyskaya Sovétskaya Federatívnaya Soci ...

(RSFSR) formed in 1917. The Ministry was led by the

Minister of Justice A justice ministry, ministry of justice, or department of justice is a Ministry (government department), ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of ju ...

, prior to 1946 a Commissar, who was nominated by the Chairman of the

Council of Ministers A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/ shire level, but most legislative bodies at the state/provincial or nati ...

and confirmed by the

Presidium A presidium or praesidium is a council of executive officers in some political deliberative assembly, assemblies that collectively administers its business, either alongside an individual President (government title), president or in place of one ...

of the

Supreme Soviet The Supreme Soviet (russian: Верховный Совет, Verkhovny Sovet, Supreme Council) was the common name for the legislative bodies (parliaments) of the Soviet socialist republics (SSR) in the Union of Soviet Socialist Republics (USS ...

, and was a member of the Council of Ministers. The Ministry of Justice was responsible for courts, prisons, and probations. Further responsibilities included criminal justice policy, sentencing policy, and prevention of re-offending in the USSR. The Ministry was organised into All-Union and Union departments. The All-Union level ministries were divided into separate organisations in the Republican, Autonomous Oblast, and provincial level. The leadership of the Ministry of Justice came from notable Soviet law organisations from around the country.

Duties and responsibilities

Great_Purge_Stalin_Voroshilov_Kaganovich_Zhdanov_Molotov

According to a decree from 1972, the Ministry of Justice prepared proposals for the

codification of law In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the defining features of civil law jurisdic ...

; it carried out

methodological In its most common sense, methodology is the study of research methods. However, the term can also refer to the methods themselves or to the philosophical discussion of associated background assumptions. A method is a structured procedure for bri ...

management of legal work in the

national economy National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, ce ...

. The Ministry directed and coordinated the work of state bodies and public organisations to promote legal knowledge and to clarify the law among the population about the judicial agencies, as well as general management of the civil registry, state, and legal profession. The Ministry was liable to the Party,

the state A state is a centralized political organization that imposes and enforces rules over a population within a territory. There is no undisputed definition of a state. One widely used definition comes from the German sociologist Max Weber: a "stat ...

, and

the people The ''Sunday People'' is a British tabloid Sunday newspaper. It was founded as ''The People'' on 16 October 1881. At one point owned by Odhams Press, The ''People'' was acquired along with Odhams by the Mirror Group in 1961, along with the ' ...

. The Ministry's main goal was to strengthen

socialist legality Socialist law or Soviet law denotes a general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. It is based on the civil law system, with major modifications and additions from Marxist ...

and the rule of law within Soviet judicial institutions. The Ministry was organised into one All-Union (USSR-wide) ministry and 15 Union ministries. The leadership of the ministry consisted of notable figures of the judicial authority of the

Soviet Republics The Republics of the Union of Soviet Socialist Republics or the Union Republics ( rus, Сою́зные Респу́блики, r=Soyúznye Respúbliki) were national-based administrative units of the Union of Soviet Socialist Republics ...

, the military tribunals,

Bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (un ...

members,

notaries A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is disti ...

, and other judicial institutions. The leadership's task was to organise and prepare proposals for the codification of

legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...

. The organisational leadership, and the courts, had full control over the republican, autonomous, and provincial levels of government and the party. On 1 February 1923 the All-Union People's Commissariat for Justice was dissolved, and its responsibilities, duties, and functions were given to the Procurator General. The

Department of the Procuracy of the Ministry of Justice Department may refer to: * Departmentalization, division of a larger organization into parts with specific responsibility Government and military * Department (administrative division), a geographical and administrative division within a country, ...

, headed by a republican Procurator General, was responsible for limiting the powers of the Procurator General. On the grounds of stopping "unnecessary centralisation", the Ministry of Justice was dissolved both on the Union and the All-Union level. The functions of the Ministry was then handed to the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

and the

Legal Commission of the Council of Ministers Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...

. The Ministry was reestablished in 1970 by the

Alexei Kosygin Alexei Nikolayevich Kosygin ( rus, Алексе́й Никола́евич Косы́гин, p=ɐlʲɪkˈsʲej nʲɪkɐˈla(j)ɪvʲɪtɕ kɐˈsɨɡʲɪn; – 18 December 1980) was a Soviet statesman during the Cold War. He served as the Prem ...

government. Extensive regulations on the Ministry were created by the Council of Ministers. The Ministry's main task was to direct and supervise judicially organs, both at the Union and All-Union level, according to a decree from 1975. The main task of the Ministry was to develop proposals on issues linked to the judicial system; the election of judges, elect the judiciary, organising the judiciary, studying and summarising of the

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...

in coordination with the Supreme Court, and to organise work for the maintenance of judicial statistics. According to

Soviet law The Law of the Soviet Union was the law as it developed in the Soviet Union (USSR) following the October Revolution of 1917. Modified versions of the Soviet legal system operated in many Communist states following the Second World War—including ...

, the Ministry could propose various measures to improve the Soviet court system. According to Article 1 of the People's Commissariat for Justice, the commissariat's main task was to supervise the legal activities of the Soviet central agencies and the people's procurator.

Organisation

The Ministry of Justice was headed by a Minister who was elected by the

Presidium of the Supreme Soviet The Presidium of the Supreme Soviet (russian: Президиум Верховного Совета, Prezidium Verkhovnogo Soveta) was a body of state power in the Union of Soviet Socialist Republics (USSR).Supreme Soviet The Supreme Soviet (russian: Верховный Совет, Verkhovny Sovet, Supreme Council) was the common name for the legislative bodies (parliaments) of the Soviet socialist republics (SSR) in the Union of Soviet Socialist Republics (USS ...

convocation.

Deputy Ministers Deputy or depute may refer to: * Steward (office) * Khalifa, an Arabic title that can signify "deputy" * Deputy (legislator), a legislator in many countries and regions, including: ** A member of a Chamber of Deputies, for example in Italy, Spa ...

were elected by the

; allocation of the deputies was decided by the Ministry of Justice. Each deputy usually headed his or her own department. The minister, the deputies, and other senior officials formed the leadership circle, known as the Board of the Ministry of Justice. The members of this board were approved by the Council of Ministers. The Board of the Ministry held meetings regularly to discuss legal matters nationwide. Decisions made by the board were as a rule implemented nationwide. If the board disagreed they sought the assistance of the Council of Ministers to solve the problem. The structure and number of employees of the Ministry were approved by the Council of Ministers. Staffing of the central apparatus of the Ministry, as well as provisions of the departments and divisions, were approved by the Ministry of Justice. The seal of the Ministry of Justice was the state emblem of the USSR.

History

In 1922

Vladimir Lenin Vladimir Ilyich Ulyanov. ( 1870 – 21 January 1924), better known as Vladimir Lenin,. was a Russian revolutionary, politician, and political theorist. He served as the first and founding head of government of Soviet Russia from 1917 to 1 ...

chasitised the People's Commissariat for Justice for not dealing firmly enough with political opponents of the Bolsheviks and allowing

capitalism Capitalism is an economic system based on the private ownership of the means of production and their operation for profit. Central characteristics of capitalism include capital accumulation, competitive markets, price system, private ...

to develop outside the framework of

state capitalism State capitalism is an economic system in which the state undertakes business and commercial (i.e. for-profit) economic activity and where the means of production are nationalized as state-owned enterprises (including the processes of capit ...

outlined by the

New Economic Policy The New Economic Policy (NEP) () was an economic policy of the Soviet Union proposed by Vladimir Lenin in 1921 as a temporary expedient. Lenin characterized the NEP in 1922 as an economic system that would include "a free market and capitalism ...

. Until 1936 the People's Commissariat for Justice existed only in the

Union Republic The Republics of the Union of Soviet Socialist Republics or the Union Republics ( rus, Сою́зные Респу́блики, r=Soyúznye Respúbliki) were national-based administrative units of the Union of Soviet Socialist Republics ( ...

an level.

Nikolai Krylenko Nikolai Vasilyevich Krylenko ( rus, Никола́й Васи́льевич Крыле́нко, p=krɨˈlʲenkə; May 2, 1885 – July 29, 1938) was an Old Bolshevik and Soviet politician. Krylenko served in a variety of posts in the Soviet ...

, the first People's Commissar of Justice, said in January 1933 that Soviet law waxed indignant about the leniency of some Soviet officials who objected to the infamous "five ears law":

We are sometimes up against a flat refusal to apply this law rigidly. One People's Judge told me flatly that he could never bring himself to throw someone in jail for stealing four ears. What we're up against here is a deep prejudice, imbibed with their mother's milk... a mistaken belief that people should be tried in accordance not with the Party's political guidelines but with considerations of "higher justice."

According to

Abdurakhman Avtorkhanov Abdurakhman Genazovich (Ganazovich) Avtorkhanov ( ce, Абдурахма́н Гена́зович (Гана́зович) Авторха́нов, 23 October 1908 – 24 April 1997) was a Chechen historian who worked primarily in the fields of ...

Nikita Khrushchev Nikita Sergeyevich Khrushchev (– 11 September 1971) was the First Secretary of the Communist Party of the Soviet Union from 1953 to 1964 and chairman of the country's Council of Ministers from 1958 to 1964. During his rule, Khrushchev ...

abolished the Ministry during the height of the

Khrushchev Thaw The Khrushchev Thaw ( rus, хрущёвская о́ттепель, r=khrushchovskaya ottepel, p=xrʊˈɕːɵfskəjə ˈotʲ:ɪpʲɪlʲ or simply ''ottepel'')William Taubman, Khrushchev: The Man and His Era, London: Free Press, 2004 is the period ...

in an attempt to restore the "Leninist norms of socialist legality" which had disappeared under

Joseph Stalin Joseph Vissarionovich Stalin (born Ioseb Besarionis dze Jughashvili; – 5 March 1953) was a Georgian revolutionary and Soviet political leader who led the Soviet Union from 1924 until his death in 1953. He held power as General Secreta ...

's rule. Khrushchev tried to make the Soviet court more independent from central authority by enforcing the 1936 constitution on the country's judicial branch. This would, according to Khrushchev, give the courts further independence from the central authority. The functions, duties, and responsibilities of the Ministry were reassigned to the

and the

at all levels of Soviet society. By the 1960s it became clear that these reforms were not working as planned, and the ministry was reestablished by the Alexei Kosygin government in 1970. The Ministry, along with the majority of other Soviet ministries, was supposed to be abolished in December 1991 on the orders of the State Soviet, this did not happen, and the Soviet Union dissolved itself before this date.

Commissars and ministers

The following persons headed the Commissariat/Ministry as commissars (narkoms), ministers, and deputy ministers of the Soviet era:

References

External links

Governments of the Union of Soviet Socialist Republics from 1917–1964
an

{{Authority control

Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...

Politics of the Soviet Union Soviet law

Soviet The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...