THE SOVIET BAR DURING THE GREAT PATRIOTIC WAR: THE ROLE OF A BARRISTER AND THE LIMITS OF THE POLITICALLY PERMISSIBLE IN CRIMINAL DEFENSE

Based on the sources from federal and regional archives of Russia, particularly materials revisions local bar associations by Peoples’ Commissariat Justice, reports disciplinary proceedings against guilty defenders, article is devoted to practices Soviet during Great Patriotic War. The author analyzes some recordings criminal trials that show strategies defense. Considering personnel organizational aspects existence, pays attention professional political qualities lawyers, as government tried form them war. That period was beginning development a new system bar, since its legal grounds had been established in 1938–1939 after adoption Stalin’s Constitution. Despite viewpoint historians that, under Stalin, played an exclusively formal role proceedings, archival authorities did not try defenders passive observers trial. On contrary, Justice required participate actively stubbornly. From point view power, “prompt” advocate ought have general literacy special moral, ideological consciousness into “socialist legality” line. However, practice, faced serious problems: educational level lawyers low number communists among decreased dramatically because active defense member court often led advocate, particular defending those accused counter-revolutionary crimes. At these trials, were with need challenge accusations disloyalty could themselves be anti-Soviet activities. Most advocates decided inactive (but such passiveness caused penalties toward member). One most common ask for mercy accused. Only few risked challenging accusations. much more willing present their arguments appeals Supreme Courts RSFSR USSR, which probably considered objective competent. In conclusion, assumes wartime formal, sought make it additional institution maintaining socio-political status quo intension mean desire power real defender citizens' rights.