Historical and legal conditions of functioning and evolution of criminal correspondence institutions in the Ukrainian SSR

T. Demyanchuk
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Abstract

Purpose. The purpose of the study is to determine the historical and legal conditions for the development of penal institutions in the Soviet period, their evolution in the context of the transformation of correctional labor legislation, as well as the main types of violations of the rights of persons who served sentences. Methods. The methodological basis of the research was a complex of general scientific, special scientific and philosophical methods, as well as the principles of historicism and objectivity. Results. It has been established that in relation to the Soviet criminal-executive system, it is expedient to apply the concept of the penal-correctional system, because from the first years of the formation of Soviet power, the maintenance of persons serving punishment was carried out primarily in labor colonies, and physical labor was understood as the main and effective way of atonement. The first legal act regulating the penal system was adopted on October 23, 1925, the Correctional Labor Code of the USSR, which established the priority of educational tasks for prisoners and the idea of correction of convicts. The Central Directorate of Correctional Labor Camps and Labor Settlements of the NKVD («GULAG») became a certain symbol of Soviet power and a vivid example of the fact that the penal system was totalitarian. Throughout June 1941, we can talk about deliberate acts of terror and mass murders of prisoners in correctional facilities in Western Ukrainian regions. The post-war penal system was a combination of correctional labor colonies, separate camps (detention for a term of three years or more), labor colonies for minors, prisons, and transit and transfer points. The last normative-legal act that consolidated the structure of the Soviet criminal-executive system was adopted in 1970 «Correctional Labor Code of the Ukrainian SSR». Originality. The main stages of the development of the criminal correctional system of the Ukrainian SSR, as well as the historical and legal conditions for the emergence of criminal correctional institutions, have been established. Practical significance. The results of the research can be used in the process of historical and legal research, preparation of special courses.
乌克兰苏维埃社会主义共和国刑事通信制度运行和演变的历史和法律条件
目的。这项研究的目的是确定苏联时期刑罚机构发展的历史和法律条件,它们在惩教劳动立法转变的背景下的演变,以及侵犯服刑人员权利的主要类型。方法。研究的方法论基础是一般科学方法、特殊科学方法和哲学方法的综合体,以及历史主义和客观性原则。结果。已经确定的是,对于苏联的刑事-执行制度,适用刑罚-矫正制度的概念是权宜之计,因为从苏联政权形成的最初几年开始,对服刑人员的维持主要是在劳工殖民地进行的,体力劳动被理解为主要和有效的赎罪方式。1925年10月23日,苏联通过了第一部关于刑法制度的法律,即《矫正劳工法》,其中规定了囚犯教育任务的优先次序和罪犯矫正的想法。内务人民委员部(“古拉格”)的劳改营和劳工定居点中央总局成为苏联权力的某种象征,也是刑罚制度是极权主义这一事实的生动例子。在整个1941年6月,我们可以谈论蓄意的恐怖行为和乌克兰西部地区教养设施中对囚犯的大规模谋杀。战后的刑罚制度是由劳改营、单独的劳改营(监禁三年或三年以上)、未成年人劳改营、监狱以及中转和转移点组成的。巩固苏联刑事-行政体系结构的最后一部规范性法律是1970年通过的《乌克兰苏维埃社会主义共和国劳动教养法》。创意。乌克兰社会主义共和国刑事矫正制度发展的主要阶段,以及刑事矫正机构出现的历史和法律条件已经确定。现实意义。研究成果可用于历史学和法学研究过程中,编制专门课程。
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