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

Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...

. It was formerly (until 1946) known as the People's Commissariat for Justice (, ''Narodniy Komissariat Yustitsi'i'') abbreviated as Наркомюст (''Narkomiust or sometimes known in English as "Narkomyust"''). The Ministry, at the All-Union (USSR-wide) level, was established in the

1936 Soviet Constitution The 1936 Constitution of the Soviet Union, also known as the Stalin Constitution, was the constitution of the Soviet Union adopted on 5 December 1936. The 1936 Constitution was the second constitution of the Soviet Union and replaced the 1924 ...

, 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), previously known as the Russian Socialist Federative Soviet Republic and the Russian Soviet Republic, and unofficially as Soviet Russia,Declaration of Rights of the labo ...

(RSFSR) formed in 1917, with the latter becoming subordinate, along with the other republican ''Narkomyust''s, to the Union-level People's Commissariat of Justice of the USSR. The Ministry was led by the

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

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

Chairman The chair, also chairman, chairwoman, or chairperson, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the gro ...

of the

Council of Ministers Council of Ministers is a traditional name given to the supreme Executive (government), executive organ in some governments. It is usually equivalent to the term Cabinet (government), cabinet. The term Council of State is a similar name that also m ...

and confirmed by the

Presidium A presidium or praesidium is a council of executive officers in some countries' political assemblies that collectively administers its business, either alongside an individual president or in place of one. The term is also sometimes used for the ...

of the

Supreme Soviet The Supreme Soviet () was the common name for the legislative bodies (parliaments) of the Soviet socialist republics (SSR) in the Union of Soviet Socialist Republics (USSR). These soviets were modeled after the Supreme Soviet of the USSR, establ ...

, 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; 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. 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 political entity that regulates society and the population within a definite territory. Government is considered to form the fundamental apparatus of contemporary states. A country often has a single state, with various administrat ...

, and

the people The People may refer to: Legal jargon * The People, term used to refer to the people in general, in legal documents * "We the People of the United States", from the Preamble to the U. S. Constitution * In philosophy, economics, and political scienc ...

. The Ministry's main goal was to strengthen socialist legality and the

rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...

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 military tribunals, Bar 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 distin ...

, 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 ...

. 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, 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 In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

and the Legal Commission of the Council of Ministers. The Ministry was reestablished in 1970 by the

Alexei Kosygin Alexei Nikolayevich Kosygin (–18 December 1980) was a Soviet people, Soviet statesman during the Cold War. He served as the Premier of the Soviet Union from 1964 to 1980 and, alongside General Secretary Leonid Brezhnev, was one of its most ...

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, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...

in coordination with the Supreme Court, and to organise work for the maintenance of judicial statistics. According to Soviet law, 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 () was the standing body of the highest organ of state power, highest body of state authority in the Union of Soviet Socialist Republics (USSR).The Presidium of the Soviet Union is, in short, the legislativ ...

between seasons, and authenticated by a

convocation. Deputy Ministers 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 ( 187021 January 1924), better known as Vladimir Lenin, was a Russian revolutionary, politician and political theorist. He was the first head of government of Soviet Russia from 1917 until Death and state funeral of ...

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 use for the purpose of obtaining profit. This socioeconomic system has developed historically through several stages and is defined by ...

to develop outside the framework of

state capitalism State capitalism is an economic system in which the state undertakes business and commercial economic activity and where the means of production are nationalized as state-owned enterprises (including the processes of capital accumulation, ...

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 Republican level.

Nikolai Krylenko Nikolai Vasilyevich Krylenko (, ; 2 May 1885 – 29 July 1938) was an Old Bolshevik and Soviet politician, military commander, and jurist. Krylenko served in a variety of posts in the Soviet law, Soviet legal system, rising to become Minis ...

, 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,

Nikita Khrushchev Nikita Sergeyevich Khrushchev (– 11 September 1971) was the General Secretary of the Communist Party of the Soviet Union, First Secretary of the Communist Party of the Soviet Union from 1953 to 1964 and the Premier of the Soviet Union, Chai ...

abolished the Ministry during the height of the

Khrushchev Thaw The Khrushchev Thaw (, or simply ''ottepel'')William Taubman, Khrushchev: The Man and His Era, London: Free Press, 2004 is the period from the mid-1950s to the mid-1960s when Political repression in the Soviet Union, repression and Censorship in ...

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

Joseph Stalin Joseph Vissarionovich Stalin (born Dzhugashvili; 5 March 1953) was a Soviet politician and revolutionary who led the Soviet Union from 1924 until Death and state funeral of Joseph Stalin, his death in 1953. He held power as General Secret ...

'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 Legal Commission of the Council of Ministers 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 In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...

Politics of the Soviet Union Law of the Soviet Union

Soviet The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...