1950 年代苏维埃极权主义受害者康复的法律依据

T. Demyanchuk
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引用次数: 0

摘要

目的。该出版物旨在确定苏联极权主义受害者的人数,以及 1950 年代受压迫者恢复正常生活过程中的社会和法律条件。研究方法。研究的方法论基础是一套历史主义、客观性原则以及一般科学、特殊科学和哲学方法。结果。研究结果表明,大规模镇压受害者的康复过程没有特定的法律前提条件,它完全是一种政治决定的行动,一方面是为了在斯大林逝世后的权力斗争过程中消灭反对者。平反的历史先决条件是由政府长期和系统的政策决定的,其目的是对被控犯有 "政治罪 "的某些类别的人进行人身限制和清算。1939-1940 年代进行的第一次改造尝试是有选择地赦免某些类别的服刑人员。同时,这种大赦并不适用于因政治罪服刑的乌克兰人。真正的改造进程是在 1953 年斯大林逝世后开始的。从法律角度看,平反是半心半意的。从法律上讲,1950 年代被特赦的大多数人在 30-40 年或更长时间后才获得平反。独创性。提供了斯大林主义镇压受害者人数的统计资料,还分析了 20 世纪 50 年代受害者平反的法律方法。实际意义。研究成果可用于准备有关国家历史和法律、普及历史、保存历史记忆和谴责苏联领导人行为的讲座和特别课程。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal grounds for the rehabilitation of the victims of soviet totalitarism in the 1950s
Purpose. The purpose of the publication is to establish the number of victims of Soviet totalitarianism, as well as to characterize the social and legal conditions of the process of rehabilitation of repressed persons in the 1950s. Methods. The methodological basis of the research was a set of principles of historicism, objectivity, as well as general scientific, special scientific and philosophical methods. Results. It was established that the process of rehabilitation of victims of mass repressions had no specific legal prerequisites, it was an exclusively politically determined action aimed on the one hand at the elimination of opponents in the process of the struggle for power after the death of J.Stalin. The historical prerequisites of rehabilitation are determined by a long-term and systematic government policy aimed at physical restriction and liquidation of certain categories of people who were accused of «political crimes». It was established that the first attempt at rehabilitation, which took place in 1939-1940s, was a selective amnesty for certain categories of persons who were serving sentences. At the same time, this amnesty did not apply to Ukrainians serving sentences for political crimes. The real process of rehabilitation began after the death of J.Stalin in 1953. From a legal point of view, the rehabilitation was half-hearted. Legally, the majority of persons who were amnestied in the 1950s became rehabilitated only after 30-40 or more years. Originality. Statistical information on the number of victims of Stalinist repressions is given, and legal approaches to the rehabilitation of victims in the 1950s are also analyzed. Practical significance. The results of the research can be used for the preparation of lectures and special courses on the history of the state and law, popularization of the historical past, preservation of historical memory and condemnation of the actions of Soviet leaders.
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