DUE PROCESS OF LAW IN THE SOVIET UNION - MYTH OR REALITY?

• NCJ Number: 59936
• Journal: Canadian Criminology Forum Volume: 1, INTRODUCTORY ISSUE Dated: (SPRING 1979) Pages: 13-24
• Author(s): E N LARSEN
• Date Published: 1979
• Length: 12 pages
• Corporate Author: University of Toronto
• Sale Source: University of Toronto
• Language: English
• Country: United States of America
• Note: COPIES AVAILABLE BY SUSCRIPTION ONLY.

Annotation

PROTECTIONS OF INDIVIDUAL RIGHTS UNDER THE SOVIET CONSTITUTION, LAWS, AND CRIMINAL JUSTICE PROCESS ARE IDENTIFIED AND ANALYZED.

Abstract

THE ETHNOCENTRICITY OF MANY WESTERN STUDIES OF SOVIET JUSTICE IS NOTED, AS IS THE NEED TO CONSIDER THE SOCIAL AND HISTORICAL CONTEXT WITHIN WHICH SOVIET ADMINISTRATION OF JUSTICE TAKES PLACE. THE EVOLUTION OF SOVIET JURISPRUDENCE SINCE 1917 IS TRACED, AND THE RELATIONSHIP BETWEEN THE SOVIET CONSTITUTION AND DE FACTO POLITICAL AUTHORITY IS OUTLINED. PROVISIONS OF THE SOVIET CONSTITUTION AND CODE AFFORDING PROTECTIONS OF INDIVIDUAL RIGHTS ARE IDENTIFIED, AND THE ACTUAL CRIMINAL JUSTICE PROCESS, FROM COMPLAINT THROUGH APPEAL, IS DESCRIBED. IT IS POINTED OUT THAT, IN A GENERAL WAY, SOVIET ADMINISTRATION OF JUSTICE COMPARES PROCEDURALLY WITH THAT FOLLOWED IN NEARLY ALL MODERN SOCIETIES, WITH PROCEDURAL SAFEGUARDS AT NEARLY EVERY STAGE AND WITH MANY OF THE SAME RIGHTS FAMILIAR TO CANADIAN AND UNITED STATES CITIZENS. WEAKNESSES OF THE SOVIET SYSTEM, WHICH ACCOUNT IN PART FOR ALLEGATIONS OF A LACK OF RESPECT FOR INDIVIDUAL FREEDOMS IN THE SOVIET UNION, ARE SAID TO INCLUDE THE FOLLOWING: THE GENERALITY OF SOVIET LAW, WHICH PLACES MUCH DISCRETION IN THE HANDS OF PARTY-DOMINATED OFFICIALS; THE FACT THAT DEFENDANTS MAY NOT BE REPRESENTED BY COUNSEL UNTIL AFTER A FORMAL INDICTMENT HAS BEEN MADE; AND THE OBLIGATION OF DEFENSE COUNSEL TO SUBORDINATE THE INTERESTS OF CLIENTS TO THOSE OF SOCIETY. IT IS POINTED OUT THAT, DESPITE ITS WEAKNESSES, THE SOVIET SYSTEM DOES PROVIDE PROTECTIONS--RIGHT TO AN INTERPRETER, TO COUNSEL, TO PRESENT EVIDENCE AND CROSS-EXAMINE WITNESSES, ETC.--THAT ARE DIFFICULT FOR THE COURTS AND OFFICIALS TO CIRCUMVENT. IT IS FURTHER OBSERVED THAT ALTHOUGH THE HARSH TREATMENT OF DISSIDENTS IN THE SOVIET UNION SAYS MUCH ABOUT THE NATURE OF SOVIET SOCIETY, IT DOES NOT PROVE THE NONEXISTENCE OF DUE PROCESS. A LIST OF REFERENCES IS INCLUDED. --IN ENGLISH, WITH A SUMMARY IN FRENCH. (LKM)