State and Law during the Great Patriotic War (1941-1945)
In the prewar period, the party, state leadership of the country took measures to strengthen the defense, but they were insufficient and the hostilities that took place caught the Soviet leaders off guard. Already in the face of heavy defensive battles, a series of measures aimed at strengthening the Armed Forces, restructuring the national economy, forming bodies of emergency management, and thus transforming the country into a "single military camp" were to be carried out.
On the first day of the war, at 12 pm, a message from the Government of the USSR about the invasion of German troops into the territory of the Soviet Union was heard on the radio. Then, on June 22, 1941, the Presidium of the Supreme Soviet of the USSR adopted several decrees on the introduction of martial law in the western republics and regions of the country, mobilization of the military liable for 1905-1918 was announced. a state of emergency was declared for military tribunals in the front-line areas.
With the aim of organizing direct command of the troops on June 23, the Central Committee of the CPSU (B.) and the SEC decided to create a Supreme Command Headquarters for the Armed Forces. However, the Stavka failed to cope with the tasks set, so later it was renamed the Supreme Command Headquarters, then at the Headquarters of the Supreme High Command and began to exercise general management. Initially, the Stavka was led by Marshal SK Timoshenko, and from July 10, 1941, its chairman was JV Stalin.
The first battles of the Great Patriotic War showed a weak technical equipment and supply of weapons to the Red Army, and on June 23, a mobilization plan for the production of ammunition is introduced, and on June 26, the Decree of the Presidium of the Supreme Soviet of the USSR "On the mode of working hours of workers and employees in wartime" . The decree was also issued with the aim of replacing the male population who went to the front behind the rear and the smooth functioning of the entire national economic mechanism.
Compulsory overtime was introduced from one to three hours, and for persons under 16 years - no more than two hours a day. Overtime did not involve pregnant women from the sixth month and breastfeeding women.
The next and additional holidays were canceled; the right to a short leave was reserved only for persons under the age of 16, as well as for pregnancy, childbirth and sickness. The holiday was replaced by monetary compensation, which until the war was declared frozen in savings banks in the accounts of workers and employees (after the war the compensation was paid).
The decree of June 26, 1941 was the first act that introduced emergency measures into the labor law. The hardening of labor discipline occurred in December 1941.
Thus, the acts of the first days of the war were mainly organizational-mobilization character. Later, more programmatic, comprehensive documents aimed at "turning the country into a single combat camp" began to be issued.
The first document of the program content was the directive of the Council of People's Commissars and the Central Committee of the CPSU (B.) of June 29, 1941, sent to the party and Soviet organizations of the front-line regions, which demanded the slogan: "Everything for the front, everything for victory!" and the goals and tasks of a defensive, economic character, organization behind the enemy of partisan and clandestine movement were comprehensively defined.
The next day, June 30, 1941, the Presidium of the Supreme Soviet, the Central Committee of the CPSU (B.), the Council of People's Commissars of the USSR adopted a resolution "On the formation of the State Defense Committee"; on the same day, the Central Committee of the CPSU (B.) and the Council of People's Commissars of the USSR approved the mobilization plan for the work of the national economy until the end of 1941. The state treasury was declared the bearer of all power in the state.
All the "party, soviet, military" passed to the unquestioning obedience of the state credit obligations; and other bodies. The chairman of the extraordinary authority was JV Stalin.
Thus, the T-bills united all the party and state structures of the USSR, and operational management carried out through the local front-line city defense committees.On July 30, 1941, the Presidium of the Supreme Soviet of the USSR adopted a resolution appointing Stalin as People's Commissar of Defense, and on August 8, by decree of the State Defense Committee, he was appointed to the post of Supreme Commander-in-Chief. So the formation of emergency bodies ended. JV Stalin concentrated in his hands all the levers of power. Since July 1, 1941, the people's commissars received additional rights.
One of the first emergency wartime laws was adopted by the Presidium of the Supreme Soviet of the USSR on July 6, 1941. Decree "On the responsibility for the dissemination in wartime of false rumors that arouse alarm among the population", characteristic of the period of "temporary failures" The Red Army. This document qualified panic and false rumors among the population as counter-revolutionary propaganda and provided for imprisonment for a term of two to five years.
Decree of the Presidium of the Supreme Soviet of the USSR "On the reorganization of the organs of political propaganda and the introduction of the institution of military commissars in the Workers 'and Peasants' Red Army"; was issued on July 16, 1941 (October 9, 1942 in the army again established one-man management). Released on October 4, 1941, the order of the People's Commissar of Defense demanded to strengthen in the troops educational work and the fight against alarmism.The most stringent measures were based on Order No. 227 of the People's Commissariat of Defense of the USSR of July 28, 1942: patrol detachments and execution of retreating troops, as well as penal battalions in the fronts and penal companies in the army were introduced. The fine parts existed from September 1942 to May 1945. According to archival statistical reports, the number of variable penalties for the entire period was 427,910 people. A total of 994,300 servicemen were convicted (including 376,300 servicemen for desertion), of which 135,000 people were sentenced to death (execution).
By the fall, the situation on the fronts had deteriorated. The aggressor captured significant territories, the army suffered heavy losses, lacked weapons and ammunition. Production volumes decreased.
During this period, decisive measures are being taken to establish production in the eastern regions of the country, where many industrial enterprises were evacuated, as well as to increase the army's fighting capacity.
In the fourth quarter of 1941 and in 1942, a military economic plan was established along the eastern regions of the country on August 16.
According to the GKO decree, "On Compulsory Compulsory Education for the Military Affairs of the Citizens of the USSR", issued on September 17, 1941, training was organized for the military specialties of citizens aged 16 to 50.
In October-December 1941, a large-scale evacuation of industrial enterprises inland was carried out. With this purpose, the Council for Evacuation was established in the SEC, which had its own structure in the relevant commissariats and in the localities: departments, committees, evacuation points.
In January 1942, criminal prosecution for evading military registration was introduced. Corresponding measures were also envisaged by the People's Commissariats and local authorities: from the end of 1941 new narcotics were being created, and the work of existing ones was being improved. As a result of the tremendous work done at the end of 1941 - the first half of 1942, it was possible to stabilize military production, form a solid rear and send reserve troops to the front.
The partisan movement played a great role in achieving victory over fascism. In the summer of 1941, the organization of partisan detachments began, and the underground began to operate. At the end of 1941 there were already staffs and sections of the partisan movement on the fronts.
Most of the commanders of partisan detachments and formations received special training in the state security agencies as far back as 1929-1933. It has now been established that "no partisan formation led by commanders who underwent such training has perished during the Great Patriotic War." .
In May 1942, at the Headquarters of the Supreme High Command, the Central Headquarters of the partisan movement was organized. Partisan staffs were created in the rear of the enemy.
Thus, the actions of the partisans were coordinated with front-line military operations, due to which the enemy suffered significant damage.
In the period 1941 - 1942 years. there have been changes in the law. Introduced by the Decree of June 22, 1941, military tribunals were vested with broad powers. In their competence were not only crimes committed by military personnel, but also by civilians in the front-line areas, if the offense included violations of public order, theft, evasion of military service, duties, etc.
Criminal law at this time is characterized by increased responsibility for alarmism, spreading false rumors (for example, the earlier decree of July 6, 1941).
In the autumn of 1941, the enemy was on the outskirts of the capital, and on October 20, Moscow imposed a state of siege. Under these conditions, the penalty for a number of crimes was toughened: for appeals for violation of public order, shooting was instigated. In 1942, the fight against crimes such as theft and speculation intensified.
With regard to the personal property of citizens, the state made a temporary withdrawal of certain objects of law. For example, the Red Army was in dire need of horse traction, carts, means of crossing, so the state had to conduct requisition. The population, in general, was sympathetic to such measures. Moreover, in conditions of universal patriotic upsurge, citizens and organizations voluntarily and gratuitously donated money, material values to the defense fund.
In the labor law, in addition to the previously mentioned decrees of June 26, 1941 and February 13, 1942, the USSR Council of People's Commissars decree of August 10, 1942 was introduced, which also had a mobilization character. For a period of up to two months, able-bodied citizens were involved in performing defense duties.
It should be noted that the norms of Soviet law extended to the territory temporarily occupied by the enemy. In this part of the country, transactions of a civil nature, contrary to domestic laws, were not recognized, for criminal offenses after the expulsion of the invaders sanctions were provided on the basis of Soviet laws. To conduct investigative actions on November 2, 1942 was organized by the Extraordinary State Commission for Investigation of the atrocities of Germany -The fascist aggressors and their accomplices and the damage they caused to citizens, collective farms, public organizations, state enterprises and institutions of the USSR, which received broad powers.
In November 1942 - February 1943, German fascist troops were defeated at Stalingrad. In the Great Patriotic War, a turning point began, fixed by the victory of the Red Army in the Kursk Bulge in the summer of 1943.
In 1944-1945 years. The USSR was completely liberated from the invaders, the German troops were routed. The tasks of the state have changed.
In the economy in these years, measures were taken to improve quantitative and qualitative indicators, improve the financial system. During the war, according to decisions of the Council of People's Commissars of the USSR, four state loans were issued, about 120 billion rubles were raised from the population.The improvement of the elements of the national economic mechanism was carried out in accordance with several acts: on January 20, 1943, the decision of the Council of People's Commissars of the USSR and the Central Committee of the CPSU (B.) on improving the work of the railways of the Urals and Siberia was issued; January 23 - resolution concerning the restoration of the MTS and collective farms in the liberated areas, and in April - the plan for the development of agriculture in 1943; On May 26 of the same year - the decree of the State Defense Committee on the restoration of railways. These measures were summarized in the complex decision of the Council of People's Commissars of the USSR and the Central Committee of the CPSU (B) of August 21, 1943, "On Urgent Measures to Restore Households in Areas Exempted from German Occupation." Under the Council of People's Commissars of the USSR, a Committee was set up to restore the war-ravaged economy.
In 1943, great importance was attached to the railway and transport as a link between successes on the fronts and in the rear. The decrees of the Presidium of the Supreme Soviet of the USSR of April 15, 1943 and May 9, 1943 imposed martial law on the railway, then on sea and river transport. The transport workers were declared mobilized before the end of the war and were equated with servicemen.
In 1943, the Armed Forces established the division of servicemen into rank-and-file, sergeants, officers and generals; were established insignia (epaulettes). Insignia, uniforms and ranks were also introduced for the employees of the prosecutor's office.
In 1944-1945 years. SNK, VKP (b) took decisions on the organization of work and the restoration of industry, agriculture and transport in the liberated republics and regions of the USSR. In particular, on February 18, 1944, the Council of People's Commissars of the USSR and the Central Committee of the CPSU (B.) Adopted a resolution on the development of agricultural machinery, March 14, 1944 - a decree on the agricultural plan for 1944. Appropriate decisions were made to restore energy, transport, industry,
In total, in 1944 and until May 1945, more than 15 important acts were adopted, which resulted in the decision of the Council of People's Commissars of the USSR of March 25, 1945. "On the State Plan for the Restoration and Development of the National Economy of the USSR for 1945." .
In 1944-1945 years. was also the task of a planned transition from the production of weapons to the production of peaceful products.
Changes occurred in the domestic political life of the country. There was a rapprochement of the state with the United States Orthodox Church. The first steps to this were made even before the war, when the intensity of anti-religious propaganda decreased. In September 1941 anti-religious publications were closed, "Union of Militant Atheists" dissolved. In November 1942, the "Truth" published a congratulatory telegram of Metropolitan Sergius, in which Stalin was called the "God-chosen leader". And in September 1943 Stalin met with the three highest hierarchs of the United States Orthodox Church and gave his consent to the election of the patriarch. Three days later the Local Council met, electing Metropolitan Sergius as patriarch. Thus, the patriarchate abolished by Peter the Great was restored. Similar steps were taken against Muslims.
More often the session of the Supreme Soviet of the USSR began. So, until 1944 the session was held only in June 1942, and in 1944-1945. Two sessions were held in January-February 1944 and in April 1945. On February 1, 1944, the Presidium of the Supreme Soviet of the USSR passed laws that extended the foreign policy powers of the Union republics and allowed them to form their own military formations.
The development of character in 1943-1945. characterized by extraordinary measures of wartime and the intensification of the repressive nature of Stalin's policy, repression of entire peoples began, which, above all, affected the peoples of the Crimea and the North Caucasus. Hitler considered the Caucasus only an intermediate bridgehead, and therefore the occupation regime there was relatively liberal. Karachais, Kabardians and Balkars, who raised anti-Soviet uprisings after the Red Army's withdrawal, received political, economic and religious autonomy. In Crimea, which according to Hitler's plan was to become a German colony, there was no talk of any autonomy of the Crimean Tatars, but even there the Nazis helped revive nationalist and Muslim organizations. Checheno-Ingushetia was not occupied, but the Hitlerites placed special hopes on it, because there during the 1930s. the insurrection did not cease: according to official data, only in 1938 the participants in the insurgent groups carried out 98 sorties, during which 49 party and Soviet workers were killed. Since August 1942 in the territory of Checheno-Ingushetia there were several German subversive groups that were to organize a mass uprising.
By decrees of the Supreme Soviet of the USSR in 1943, criminal liability for crimes committed by German fascist criminals and their collaborators became tougher. In the Decree of the Presidium of the Supreme Soviet of the USSR of April 19, 1943, No. 39, "On the penalties for German fascist villains guilty of the murders and tortures of the Soviet civilian population and captured Red Army men, for spies, traitors to the homeland of Soviet citizens and their accomplices" ; the following preventive measures were introduced: 1. To establish that German, Italian, Romanian, Hungarian, Finnish fascist villains convicted of committing murders and tortures of the civilian population and captive Red Army men, as well as spies and traitors to the homeland among Soviet citizens are punishable by death by hanging. 2. Aides from the local population, convicted of assisting villains in committing massacres and violence against civilians and captured Red Army soldiers, are punished by referring to hard labor for a period of 15 to 20 years. ... 5. ... hanging prisoners sentenced to death - to be produced publicly, with the people, and hang the bodies of the hung on the gallows for several days, so that everyone knows how to punish and what retribution will befall anyone who commits violence and reprisals against civil population and who sells their homeland. " In accordance with the Decree of May 2, 1943, the military leaders were punished for illegal rewards.
After the liberation of the North Caucasus, the perpetrators of the complicity in the complicity of the invaders were declared not individuals, but whole nations, which the Stalinist leadership began to evict from their territories. The deportations began to be prepared as early as the autumn of 1943, determining the places of eviction and the necessary material resources. At the end of 1943 - the first half of 1944, Karachais, Kalmyks, Chechens, Ingush, Balkarians and Crimean Tatars were deported to Siberia, Central Asia and Kazakhstan, and in November 1944 - Meskhetian Turks. More than 700 thousand people were evacuated. Deportations were carried out in the most brutal way: people were sometimes given to gatherings for a few minutes, were transported indefinitely in freight cars to their destination and were practically thrown out in a bare field.
A similar policy was pursued in the Western Ukraine and the Baltic countries liberated from the Nazis. In Ukraine and Lithuania, the insurgent movement existed until the early 1950s. The most large-scale deportations from the Baltic republics were held in 1949. Since March 25, over 20,000 people have been deported from Estonia for several days, more than 42,000 people from Latvia, and about 32,000 from Lithuania. The main goals of this deportation were the "killing of the kulaks as a class" and the suppression of armed resistance to the Soviet regime. The anti-Soviet movement in Western Ukraine arose as early as 1939, and since 1943, the Ukrainian insurgent army under the direction of SA Bandera, which numbered up to 20 thousand, became a serious force.
The decree of November 15, 1943 criminalized the disclosure of state secrets or the loss of documents that hold state secrets.
Changes in the civil law character are traced in a number of decisions of the Council of People's Commissars aimed at restoring the MTS, factories and factories. On February 19, 1944, the SNK adopted a resolution "On measures to further develop and improve the individual and collective gardening of workers and employees in 1944."
In accordance with the Decree of the Presidium of the Supreme Soviet of the USSR on March 14, 1945, the rights to inherit personal property of citizens changed. In the years 1943-1944. new acts appeared in the family law. In particular, the divorce became much more complicated, the adoption procedure became easier, the state began to pay more attention to the protection of childhood and maternity.
The Great Patriotic War, in which the USSR lost more than 27 million people, triumphantly concluded with the signing on May 8, 1945 of the Act on unconditional surrender of fascist Germany, signed on the Soviet side by GK Zhukov. On this day, the last decree of the war years was issued: the Decree of the Supreme Soviet of the USSR declared May 9, 1945, the Victory Day.
Soviet laws were considered to be in force and temporarily occupied by the enemy territory, so civil-law transactions carried out on such territory, if they contradicted the law, were declared invalid. The rights of the state in respect of some objects of the right of personal property were expanded (for example, citizens were obliged to temporarily hand over radio receivers). Citizens of the liberated territories were obliged to hand over to the organs of the state trophy, as well as abandoned property, the owners of which are unknown. In 1943 the Council of People's Commissars of the USSR ordered the organs of power in the eastern regions to return the livestock evacuated to the east to the collective farms of the liberated regions.
As a whole, the application of civil law contracts was narrowed and the role of administrative legal and planning tasks increased. This primarily concerned military products, oil, coal, metal, etc. The terms of the housing contract were clarified in connection with mass evacuation and subsequent return of city residents, introduction of benefits for families of servicemen, etc. In connection with the death of a large number of citizens, the circle of heirs was expanded to include able-bodied parents, brothers and sisters.
Family law was clarified with the aim of strengthening the institution of marriage, encouraging large families, raising the birth rate, and increasing care for orphans. From October 1, 1941, a tax was imposed on bachelors, single and childless citizens. Pregnant were given additional rations. In 1943, the rules on custody and adoption were clarified: the adopted children were allowed to record as their own children with the surname and patronymic of the adoptive parents. According to the Decree of the Presidium of the Supreme Soviet of the USSR of July 8, 1944, only a registered marriage generated rights and duties of spouses. The existing right of the mother's appeal to the court was canceled with the claim about the establishment of paternity and on the recovery of alimony from a person with whom she was not in a registered marriage. Complicating the process of divorce, which was carried out only in the courts, and in the people's court took measures to reconcile the couple. If the spouses did not reconcile, the issue of divorce was decided by a higher court. The decree increased maternity leave from 63 to 77 days, as well as state aid to large and single mothers.
Emergency measures were introduced to ensure the operation of enterprises and the replacement of workers who left to the front. Already the Decree of the Presidium of the Supreme Soviet of the USSR of June 22, 1941 "On the Martial Law" granted the right to military authorities to involve citizens in labor service for the performance of a number of works. Decree of June 26, 1941 "On the mode of working hours of workers and employees in wartime" directors of enterprises were given the right to establish overtime work with the permission of the Council of People's Commissars of the USSR up to three hours a day; this provision did not apply to pregnant women, beginning with the sixth month, and nursing mothers. The overtime was paid in one and a half times. Holidays (except for sick leave, maternity leave, employees under the age of 16) were canceled and replaced with monetary compensation, which was transferred to savings banks as frozen deposits for the period of war.By the decree of the Presidium of the Supreme Soviet of the USSR of February 13, 1942, the mobilization of the able-bodied urban population (men from 16 to 55, women from 16 to 45 years) for the period of wartime for work in production and in construction was introduced. From the mobilization, students who entered factory and vocational schools and vocational schools, as well as mothers of infants or children under the age of 8, were released from mobilization if there was no one to look after them.
The collective farm law expanded the system of additional wages, and at the same time, the mandatory minimum of workdays in the year was raised for the period of the war: up to 100 in the Moscow and other specially designated areas and up to 120 in the rest of the USSR. Adolescents aged 12 to 16 years were required to work out at least 50 workdays a year. Collective farmers who did not work without a reasonable minimum of workdays during the season of work were punished by correctional labor on collective farms for a period of up to six months, with a deduction of up to 25% of payment in favor of the collective farm. The chairmen of collective farms for their evasion from trial of collective farmers who did not work out a minimum of workdays themselves were brought to justice.
For tractor drivers and a number of other machine operators, additional payment in kind or money was introduced. As a matter of mobilization, urban residents who did not work at industrial and transport enterprises, as well as part of employees, students and students with remuneration in work days and 50% of salary or scholarship at work place were attracted to work in the MTS, collective and state farms for work. >
Prewar norms of criminal law were supplemented. Thus, the spread of false rumors that raised alarm among the population was punishable by imprisonment for a term of two to five years. For the disclosure of state secrets or loss of documents containing documents, officials were punished with imprisonment up to 10 years, and individuals - up to three years. Criminal liability for violation of labor discipline was also strengthened. Widely applied delay in the execution of sentences with the sending of convicts to the front. Those who distinguished themselves in the fighting were released from punishment, they were removed from their convictions.
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