Comrades' Court: concept, reasons for applying and rules for conducting

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:42

The Comrades' Court, as the leading figures of Russia's former political system would say, are relics of the past. The current legislation of the Russian Federation does not have such a concept, there are no legal acts to regulate such a structure. There are no prohibitions or restrictions either.

A comrades' court can be created at any enterprise, included in the charter or approved by a local order. Only his decisions cannot be adopted at the legislative level, have legal force. Reprimands issued in this way are just public condemnation. Bailiffs work with decisions of state courts.

Structure of a social phenomenon

Comrades' Court in the past (1961-1990) belonged to an effective tool for influencing the conscience of petty offenders. A special ideology was hammered into the head, brought up from an early age in such a way that the opinion of society, the assessment of the Communist Party influenced consciousness more than condemnation in the circle of relatives and friends.

The Comrades' Court in the USSR, in composition, content and position, belonged to an elected public body. With its help, the executive branch prevented offenses and misdemeanors. It was also a preventive function and an educational tool for beliefs in the inadmissibility of harming anyone.

The action of the censure at the meeting was limited to the territory:

• rural settlement;
• organizations;
• workshops;
• collective farm.

Good intentions

The Comrades' Court consisted of members who were chosen by the citizens themselves, usually in the collective where they worked. The process depended on where the structure was created. For example, in the house management, members were elected from among the tenants. Such an education had its own ideological orientation as an additional branch to the state court. The authorities tried to correct human nature in the team - whether it was work or place of residence. The idea of introducing comrades' courts on the territory of Russia belongs to V. I. Lenin.

He signed the decree in 1919. As an educated person, he may have gained experience from historical facts, one of which was present in the Napoleonic army. The soldiers chose their judges, they heard the violators and delivered a verdict. The officers did not enter there and did not interfere, and the decisions were sometimes fatal.

Soviet legislative approvals

The Comrades' Court of 1965 is mentioned in the statements of the Supreme Council of the RSFSR No. 4 as amendments and additions to the Decree of the Presidium, which approved the solution of the tasks assigned to this department in an organizational manner. The structure was meant to achieve a goal:

1. Educate a citizen with a communist attitude towards socialist property, with a sense of collectivism through public convictions.
2. Prevent offenses harmful to society.
3. Create intolerance for anti-social activities.
4. Ensure the trust in the team to express the will and responsibility for education.

Organization order

The Decree of the Presidium in 1963 made a proposal on the procedure and methods for the formation of comrades' courts. They are created by workers, employees, students on the basis of decisions of general meetings:

• enterprises;
• institutions;
• organizations;
• educational institutions.

The order of formation of the structure in collective farms, state farms and large-scale industries was indicated. In 1985, the Presidium of the Supreme Court made changes to the document, but the direction of the provision on comrades' courts remained the same - to serve the Communist Party faithfully. Apparently, the acts were supposed to be updated and corrected under the influence of time, but it was not necessary to change something in the ideology.

Who were the members?

Each citizen could become a member of a public court, especially since their activities were carried out on a voluntary basis, which meant - for work nota salary was due, and proceedings and court hearings were held outside working hours. Candidates were nominated by public organizations:

• party;
• trade union;
• Komsomol.

Elected members must be:

• morally clean and responsible;
• highly disciplined;
• organized;
• irreconcilable to wrongdoing.

The owners of these qualities will be able to solve the task with dignity. For some reason, in the regulations presented and published by a high-ranking official of the Soviet period, nothing is said about a lawyer at a comrades' court. There is a clause in Article 19 that individuals may appeal any decision within 10 days.

Complaint will be accepted by the union or local Council. There are no denials or any restrictions on the appearance of the defender of the accused person at the hearing. The documents are silent about the existence of persons protecting the interests of either side. It is said that cases are considered by at least 3 people. When considering a conflict at a meeting, persons are heard:

• attracted;
• victims;
• participants in the dispute;
• witnesses.

Everyone present can address the participants with a question and speak on the merits of the case.

What cases were considered?

You can trace the history of the development and formation of comrades' courts in the Russian Federation as the successor of the Soviet Union. Now they have been replaced by other authorities, the competence of which is somewhat different.from public stigma. The phenomenon of such a status significantly relieved the work of the courts for consideration:

• petty offenses;
• squabble within the team;
• theft in the amount of 50 rubles.

Non-state public body reviewed:

• violations of labor discipline at work - absenteeism, lateness, alcoholic excesses;
• non-compliance with industrial safety in any form;
• losses, damage to state property at enterprises;
• misuse for own needs of transport, equipment;
• drinking alcoholic beverages at work or in crowded places - stadium, park, public transport;
• shopping homemade spirits.

In 1985, a list of issues approved by the Government was issued that society can condemn.

How was the investigation done?

The meeting was held in the assembly halls at the place of work of the violator, the club could also provide its premises. Appealed to the court with a complaint:

• workers, employees, collective farmers by decision of the collective meeting;
• representatives of the local executive committee;
• heads of enterprises, organizations reported violations;
• members of the collective or residents of the area.

The public body worked, just like a regular court:

• collected materials;
• examined the testimony;
• accepted confirmations and evidence of facts;
• introduced the participants of the process to the papers.

Meetings where contentious issues were discussed were held in public, participants were notified in advance of the time.

Rights and obligations

Rules and requirements for participants were established similar to the usual procedural order. The chairman and members of such a body could not participate in the proceedings if:

• appeared themselves in the dispute or one of the relatives;
• witnessed the incident;
• were interested in the case.

The challenge could be made by any of the defendants, as well as by the members of the court themselves. Such a petition was considered by the entire judicial composition and made its determination.

What measures were taken?

Article 16 of the provision on public convictions in comrades' courts indicates the imposition of punishments on the guilty in the form of an announcement:

• reprimand;
• warnings;
• reproaches.

At the meeting, they could simply offer to apologize to the team or the victims, to force them to pay 10 rubles to the state treasury. The level depended on the severity of the offense.

This public body could petition the leadership of the organization to transfer the perpetrator to a less paid job or even recommend dismissal under the article. There were many material measures of influence:

• deprived of bonuses;
• did not pay wages;
• postponed vacation bywinter;
• transferred the queue for housing.

If the defendant caused damage to the victim, the authority of the structure was to appoint compensation, but not more than 50 rubles. The members of the court could have mercy and simply reprimand, believing that the person repented of his violations and it was enough for him to consider behavior with the team.

When a serious crime that is not within the competence of a comrades' court is discovered in the case file, the chairman sends the documents to the justice authority for consideration of the issue in court or the prosecutor's office. All materials will serve as strong evidence of the guilt of the suspect in the offenses.