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The Criminal Code of the RSFSR, 1922. June 1, 1922

Excerpts

Original Source: Sobranie uzakonenii i rasporiazhenii raboche-krestian’skogo pravitel’stva, 1922, No. 15, Art. 153.

General Section

II. General Principles Governing the Application of Punishment

5. The Criminal Code of the Russian Socialist Federative Soviet Republic has as its object the legal protection of the Workers’ State from crimes and from socially dangerous elements, and achieves this object by applying punishments or other means of social protection against violators of the revolutionary system of law.

6. A crime is any socially dangerous act or omission which threatens the foundations of the Soviet structure and that system of law which has been established by the Workers’ and Peasants’ Government for the period of transition to a Communist structure.

7. A person is dangerous if he commits acts which are injurious to the community, or if his actions present a serious menace to the established laws of the community.

8. Punishment and other measures of social protection are applied for the following purposes: (a) generally to prevent the commission of further offences, both by the particular offender and by other unstable elements of the community; (b) to adapt the offender to the conditions of social life by subjecting him to the influence of corrective labor; (c) to deprive the offender of the possibility of committing further offences.

9. Punishment is to be determined by the judicial bodies in accordance with their socialistic conception of law, and in conformity with the Articles and fundamental principles of the present Code.

10. In cases where the Criminal Code makes no direct reference to particular forms of crime, punishment or other measures of social protection are applied in accordance with those Articles of the Criminal Code which deal with crimes most closely approximating, in gravity and in kind, to the crimes actually committed, and in conformity with the regulations laid down in the General Section of the Present Code …

IV. Classification and Forms of Punishment and of Other Measures of Social Protection

32. The punishments which may be applied under the provisions of the Criminal Code are: (a) temporary or permanent banishment from the territories of the RSFSR; (b) imprisonment with or without strict isolation; (c) compulsory labor without custody; (d) conditional conviction; (e) confiscation of property in whole or in part; (f) fine; (g) forfeiture of rights; (h) dismissal from office; (i) public censure; (j) the imposition of an obligation to make good the harm done.

33. In cases examined by the revolutionary tribunals, until abolition by the All-Russian Central Executive Committee, whenever the supreme penalty is specified by articles of this Code, execution takes place by shooting…

46. Among other measures of social protection which may, by sentence of the Court, be substituted for the punishment imposed, or may succeed it, are the following:

(a) Internment in an institution for the mentally or morally defective.
(b) Compulsory medical treatment.
(c) Prohibition from holding a particular office, or from engaging in a particular occupation or craft;
(d) Removal from a specified locality…

Chapter 1. State Crimes

(I) Of Counter-revolutionary Crimes

57. The term counter-revolutionary is applied to any act committed with the intention of overthrowing, undermining or weakening the authority of the Workers’ and Peasants’ Soviets, and of the Workers’ and Peasants’ Government founded on the constitution of the Russian Socialist Federative Soviet Republic, and also to any acts calculated to assist that portion of the international bourgeoisie which does not recognize the rights of the communistic system of ownership which is replacing capitalism, and which strives to overthrow that system by means of intervention or blockade, espionage, press subsidies, etc.

An act is also to be counter-revolutionary which, though not directly aimed at attaining the above objects, nevertheless, to the knowledge of the person committing it, endangers the fundamental political or economic conquests of the proletarian revolution.

58. The organization, with counter-revolutionary intentions, of armed risings, or of the invasion of Soviet territory by armed detachments or bands; likewise participation in any attempt, made with such intentions, to seize power at the metropolis or in the provinces, or forcibly to detach from the Russian Socialist Federative Soviet Republic any portion of its territory, or to subvert any treaties concluded by it, is punishable with the supreme penalty and confiscation of all property. This punishment may, however, in extenuating circumstances, be reduced to imprisonment for not less than five years with strict isolation, and confiscation of all property.

Where the Court is satisfied that a participator was ignorant of the ultimate purpose of the crime described in the present Article, such participation is punishable with imprisonment for not less than three years.

59. Communication with foreign Governments or with their individual representatives with the object of inducing their armed interference in the affairs of the Republic or a declaration of war on it, or the organization of a military expedition; likewise the rendering of assistance, in any shape or form, to foreign Governments after war has been declared on them or after the dispatch of an expedition, is punishable with the penalties prescribed in the first part of Article 58 of the Criminal Code.

60. Participation in an organization aiming at the commission of the crimes specified in Articles 57-59 of the Criminal Code, is punishable with the penalties prescribed in the first and second parts of Article 58.

61. Participation or co-operation in an organization aiming at assisting the international bourgeoisie as specified in Article 57 of the Criminal Code, is punishable with the same penalties.

62. Participation in an organization aiming at the objects specified in Article 57 of the Criminal Code, by inciting the populace to mass disturbances, nonpayment of taxes, non-fulfillment of obligations, or by any other means, to the manifest detriment of the dictatorship of the working class and the proletarian revolution, even in cases where an armed rising or armed invasion was not the primary object of such organization, is punishable with the same penalties.

63. Participation in an organization which, for counter-revolutionary ends, operates against the normal working of Soviet institutions or enterprises, or which uses such institutions or enterprises for the same ends, is punishable with the same penalties.

64. The organization, with counter-revolutionary intent, of terrorist acts directed against representatives of the Soviet Government or against officials of the revolutionary Workers’ and Peasants’ organizations; likewise participation in the performance of such acts, even if the participator did not belong to a counter-revolutionary organization, is punishable with the penalties prescribed in the first part of Article 58.

65. The organization, with counter-revolutionary intent, of the destruction or injury-by explosion, by fire or by any other means-of railroads or other routes and their equipment, the public postal, telegraphic and telephone services, aqueducts, public depots and other buildings or structures; likewise participation in the commission of the aforesaid crimes, is punishable with the penalties prescribed in the first and second parts of Article 58.

66. Participation in any form of espionage, involving the delivery or communication or abstraction or collection-with counter-revolutionary intent or for a reward -of information bearing the character of State secrets, and in particular of military information, to or for foreign Powers or counterrevolutionary organizations, is punishable with the penalties prescribed in the first part of Article 58.

The publication of such information, in the absence of counter-revolutionary or venal intentions and in ignorance of the possible consequences of such acts, is punishable with the penalties prescribed in the second part of Article 58.

67. Active participation in the struggle against the laboring class and the revolutionary movement by persons who were in responsible positions in the tsarist regime is punishable with the penalties prescribed in the first part of Article 58-

68. The concealment or aiding of any of the forms of crime described in Articles 57-67, in the absence of direct participation in the performance of such -crimes or in ignorance of the ultimate purposes of such crimes, is punishable with imprisonment for a period of not less than one year.

69. Propaganda and agitation in the form of a call to overthrow the Soviet power by means of acts of violence or treachery, or by active or passive opposition to the Workers’ and Peasants’ Government, or by mass non-fulfillment of the obligations imposed on citizens in the matter of military service or taxation, is punishable with imprisonment for a period of not less than three years, with strict isolation. The punishment for these crimes, if committed in time of war or popular disturbance, is the supreme penalty.

In cases where counter-revolutionary intent is not proven, summons to non-fulfillment of, or opposition to, orders of the central or local authorities is punishable with the penalties prescribed in Article 83 of the Criminal Code.

70. Propaganda and agitation intended to assist the international bourgeoisie specified in Article 57 is punishable with banishment from the territory of the Russian Socialist Federative Soviet Republic, or imprisonment for a period of not less than three years.

71. Unauthorized return to the territory of the Russian Socialist Federative Soviet Republic after the application of punishment under paragraph (a) of Article 32 is punishable with the supreme penalty.

72. The distribution of agitation literature of a counter-revolutionary character and the preparation or storage of such literature for the purposes of distribution is punishable with imprisonment for a period of not less than one year.

73. The invention and diffusion, with counter-revolutionary intent, of false rumors or unconfirmed news which may create a panic among the public or provoke lack of confidence in the authorities or discredit them, is punishable with imprisonment for a period of not less than six months.

In cases where counter-revolutionary intent is not proven, the penalty may be reduced to compulsory labor for a period of three months …

(2) Crimes against Public Administration

84. The distribution of literary productions inciting to the commission of the criminal acts specified in Articles 75-81 of the Criminal Code, and the preparation or storage of such productions for the purpose of such distribution, is punishable with imprisonment for a period of not less than six months; but in the aggravating circumstances described in the second part of Article 83- imprisonment for a period of not less than one year …

87. The insulting expression of disrespect towards the Russian Socialist Federative Soviet Republic, in the form of reviling the emblem or flag of the State, or a memorial of the revolution, is punishable with imprisonment for a period not less than six months …

Source: The Criminal Code of the RSFSR (London: HMSO, 1925), Articles 33, 46, 63, 67.

Violation of the Rules on the Separation of the Church and the State. 1923

Original Source: Criminal Code of the R.S.F.S.R. (Moscow: Official Edition, 1923).

119. Utilizing the religious prejudices of the masses with the object of overthrowing the Worker-Peasant government or of rousing opposition to its laws and orders, is punishable by the penalty prescribed in paragraph 69 of the Criminal Code.

120. Fraudulent actions performed for the purpose of rousing superstition among the masses, and also for the purpose of thereby securing any kind of advantages, is punishable by privation of liberty up to one year or forced labor up to one year.

121. Imparting religious instruction in state or private educational institutions to children or minors, is punishable by forced labor up to one year.

122. Any employment of compulsion in making collections in favor of religious organizations and groups, is punishable by forced labor up to six months, by privation up to two years of the right of concluding contracts with local Soviets for the use of ritual property and religious edifices, and by confiscation of the property of the organizations.

123. Assumption by religious or Church organizations of administrative, court or other functions of a public-legal character and of the rights of juridical persons, is punishable by forced labor up to six months, by liquidation of the above mentioned organizations and by confiscation of their property.

124. The performance in Government buildings and institutions of religious ceremonies and also the placing in these buildings of any sort of religious symbols, is punishable by forced labor up to three months or a fine up to 300 gold rubles.

125. Hindering the performance of religious rites, in so far as they do not disturb the public peace and are not accompanied by infractions of the rights of citizens, is punishable by forced labor up to six months.

69. Propaganda and agitation, in the form of instigation of the overthrow of the government of the Soviets by forcible or treasonable actions or by active and passive resistance to the Worker-Peasant Government, or by mass non-compliance with military and tax obligations imposed on citizens, is punishable by privation of liberty for not less than three years with strict isolation.

For the same crimes, committed in circumstances of war or during popular disturbances, the penalty is increased to the extreme limit of the law [the death penalty].

Instigation of non-compliance with, or of opposition to, orders of the central or the local authorities, where counter-revolutionary aims are not proven, is punishable by the penalties prescribed in paragraph 83 of the Criminal Code.

83. Agitation and propaganda of any kind, including the instigation of the crimes defined in paragraph 75-81d, and also the rousing of national hatred and dissension, is punishable by privation of liberty for not less than one year, with strict isolation.

If the agitation and propaganda take place in time of war and are directed toward non-compliance by citizens with military obligations or obligations connected with military operations which have-been imposed on them, the penalty may be increased up to the supreme penalty of the law.

{The paragraphs referred to, 75 to 81d, deal with crimes against the administrative order.}

Source: Boleslaw B. Szczesniak, ed. and tr., Russian Revolution and Religion; a collection of documents concerning the suppression of religion by the Communists, 1917-1925 (Notre Dame: University of Notre Dame Press, 1959), 107-108.

Supreme Soviet of the USSR, On Repealing the Criminal Liability of Pregnant Women for Having Abortions. August 5, 1954

Translated by Ward McKee

Original Source: Sbornik zakonov S.S.S.R. i ukazov Prezidiuma Verkhovnovo soveta S.S.R. (1938 g. – noiabr’ 1958 g.). (Moscow, 1959), p. 549.

1. To repeal the criminal liability of pregnant women having abortions as established in Art. 4 of the June 27, 1936 Resolution of TsIK and Sovnarkom; however, criminal liability shall remain for persons performing illegal abortions and those coercing women to have an abortion as established by this resolution.

2. To request Presidiums of the Supreme Soviets of the Union Republics to bring their Criminal Codes in compliance with this decree.

Source: Supreme Soviet of the USSR, Bulletin, No. 15 (1954).

Minister of Armed Forces of the USSR, Disciplinary Code of the Armed Forces of the USSR. June 1, 1946

Chapter I. General Provisions

1. Military discipline is the strict and exact observance by all servicemen of the order and rules established by laws and military codes.

2. Military discipline is founded on recognition by each serviceman of military duty and personal responsibility for the protection of his Motherland, the Union of Soviet Socialist Republics.

3. Military discipline obligates each serviceman:
To carry out exactly the requirements of military codes, orders, and instructions of commanders;
Staunchly to bear all burdens and deprivations of military service, not to spare blood or life itself in fulfilling military duty;
To guard strictly military and state secrets;
To be honorable, truthful, and to study conscientiously the art of war and to safeguard in all ways military and national property;
To show respect to commanders and seniors, and to observe strictly the rules of military courtesy and saluting.

4. The interests of defending the Motherland require of a commander that he not leave without action a single offense of his subordinates, that he punish strictly the remiss and encourage the deserving for demonstrated zeal, exploits, and distinctions in service.

5. Each commander is obliged resolutely and firmly to require observance of military discipline, constantly to educate his subordinates in the spirit of unflinching fulfillment of all its requirements, to develop and support in them a consciousness of military honor and military duty.

6. The order of the commander shall be law for the subordinate. An order must be executed without reservation, exactly, and promptly.

7. In case of open disobedience or resistance of a subordinate, the commander is obliged to take all measures of compulsion, and in an extreme case, which does not permit delay, to use weapons; the commander shall report such an extraordinary case immediately through channels.

A commander who does not take active measures for the restoration of order and discipline shall bear responsibility for that.

Each serviceman is obliged to co6perate with his commander in maintaining military discipline and order.

8. Only direct commanders and commanders indicated in Chapter 7 may impose disciplinary penalties.

9. Disciplinary authority assigned to junior commanders shall always belong to the senior commanders as well.

10. Commanders of the rank of sergeants and master sergeants whose official duties are not stated in the present code shall enjoy disciplinary authority with respect to their subordinates according to the military rank provided for the official duties occupied:
(a) In the rank of junior sergeant, sergeant, master sergeant second class and master sergeant first class – the authority of commander (master sergeant) of a squad;
(b) In the ranks of senior sergeant and chief master sergeant – the authority of assistant platoon commander;
(c) In the ranks of master sergeant and warrant officer – the authority of a master sergeant of a company (ship’s crew).

11. Commanders of the rank of officers, generals, and admirals, whose official duties are not stated in the present code, shall enjoy disciplinary authority with respect to subordinates according to the military rank intended for the official duties occupied:
(a) In the ranks of ensign, second lieutenant, and first lieutenant – the authority of a platoon commander;
(b) In the ranks of captain and lieutenant-commander – the authority of a company commander (commander of a ship of the fourth class);
(c) In the ranks of major, lieutenant colonel, commander, and captain – the authority of a battalion commander (commander of a ship of the third class);
(d) In the ranks of colonel and commodore – the authority of a regimental commander (commander of a ship of the second class);
(e) In the ranks of major-general and rear-admiral – the authority of a division commander (commander of a ship of the first class);
(f) In the ranks of lieutenant-general and vice-admiral-the authority of a corps commander (commander of a division of ships);
(g) In the ranks of colonel-general and admiral – the authority of commander-in-chief of an army (commander-in-chief of a naval squadron);
(h) In the ranks of general of the army, marshal of a branch of the army, admiral of a fleet, and Marshal of the Soviet Union -the authority of commander-in-chief of troops of a military district (commander-in-chief of a fleet).

12. Commanders of fleet bases, commanders-in-chief of sea frontiers and also officers and admirals of ships and commands of ships, whose official duties are not stated in the present code, shall enjoy disciplinary authority with respect to their subordinates one grade higher than the authority of officers and admirals indicated in Article 11.

13. Deputies (assistants) of commanders of subdivisions, units, ships, and commands, and also chiefs of staff, shall enjoy disciplinary authority with respect to their subordinates one grade lower than the rights assigned to their immediate commanders.

On ships where there is a senior assistant and an assistant commander of the ship, the latter shall enjoy disciplinary authority one grade lower than the rights assigned to the senior assistant.

14. In temporarily fulfilling official duties, the commander shall enjoy disciplinary authority in accordance with the official duties temporarily being fulfilled, if so stated in the order.

15. Commanders of battalions, companies, platoons, and corresponding organizations, when commanding subdivisions or detachments on detached duty, and also when carrying out independent tasks separately from their unit, shall enjoy disciplinary authority one degree higher than the official duties occupied.

Privates, sergeants, and master sergeants assigned as commanders of detachments in the cases indicated above shall enjoy the disciplinary authority of a master sergeant of a company (ship’s crew), and sergeants in the rank of master sergeant and master sergeants in the rank of warrant officer shall enjoy the authority of a platoon commander.

16. Officers commanding cadet subdivisions in military academies (schools) shall enjoy disciplinary authority with respect to their subordinates one grade higher than the official duties occupied.

17. The provisions of the present code shall apply:
(a) To all servicemen of the Armed Forces of the USSR;
(b) To persons in the reserve liable to military service and to pre-draftees during the period which they spend in camp, during their participation in maneuvers and other combat courses;
(c) To officers, generals, and admirals in the reserve and on the retired list and also to officers, generals, and admirals on detached duty for work in the national economy – while wearing the military uniform.

Chapter II. On Punishments for Violation of Military Discipline

18. For a violation of military discipline or of the general order a serviceman must be subjected to disciplinary penalty if the offense committed by him does not involve being arraigned in court.

19. In those cases when for the offense committed various punishments are provided by military criminal laws, depending upon the degree of guilt, some of which are imposed by a court, and others by disciplinary action, the commander shall determine whether to transfer the record of the guilty person to the military investigating organs or to limit himself to disciplinary penalties. The decision of the question and the determination of the measure of disciplinary penalty itself shall belong in such an instance to that commander who, according to the law, is to determine whether the record should be transferred to the military investigating organs.

20. One who for illegal actions subject to punishment by sentence of court is subjected to a disciplinary penalty shall not be exempt from arraignment in court.

21. In extreme cases, not permitting delay, the right to relieve officers, generals, and admirals from official duties shall be assigned:
(a) To the regimental commander, the commander of a ship of the second class and to commanders enjoying authority equal to theirs-when the officers to be relieved of their official duties are commanders of companies, commanders of combat units of a ship, those corresponding to them and lower;
(b) To the division commander, the commander of a ship of the first class and commanders enjoying authority equal to theirs -when the officers to be relieved of their official duties are battalion commanders, commanders of combat units of a ship (except commanders of the second and fifth combat units), those corresponding to them and lower;
(c) To the corps commander, the commander of a brigade of ships and commanders enjoying authority equal to theirs-when the officers to be relieved of their official duties are commanders of regiments, commanders of ships of the second class, those corresponding to them and lower;
(d) To the commander of an army, the commander of the troops of a military district or army group, the commander of a squadron or fleet, and to commanders enjoying authority equal to theirs-when the officers to be relieved of their official duties are division commanders, commanders of brigades of ships, those corresponding to them and lower.

A commander who relieves a subordinate of official duties is obliged immediately to report this through official channels, setting forth in detail in the report the reasons and circumstances which call for relieving him of official duties.

A commander who relieves a subordinate of official duties without sufficient basis for so doing shall bear responsibility for that.

22. Relieving of official duties of corps commanders, corps chiefs of staff, squadron commanders, squadron chiefs of staff, those corresponding to them and higher, shall be carried out by authority of the Minister of the Armed Forces of the USSR.

Chapter III. On Disciplinary Penalties Imposed on Privates, Sergeants, and Master Sergeants

23. The following penalties may be imposed on privates:
(a) Reprimand;
(b) Restriction to barracks, to the area of the unit, or to the ship-up to one month;
(c) Assignment to extra detail (with the exception of assignment to guard duty, or to watch) or to work -up to five assignments;
(d) Simple confinement -up to twenty days;
(e) Strict confinement -up to fifteen days;
(f) Deprivation of the rank of private first class (senior Red Sailor).

24. The following penalties are imposed on sergeants and master sergeants in the regular-term service:
(a) Reprimand;
(b) Restriction to barracks, to the area of the unit or to the ship-up to one month;
(c) Assignment to extra detail (with the exception of guard duty or watch) – up to three assignments;
(d) Simple confinement – up to twenty days;
(e) Strict confinement – up to ten days;
(f) Demotion in command;
(g) Reduction in military rank – to rank of private inclusive. The penalties indicated in paragraphs (c) and (e) shall not be imposed on sergeants in the rank of master sergeants and on master sergeants in the rank of warrant officer.

25. The following penalties may be imposed on sergeants and master sergeants of the extra-term service:
(a) Reprimand;
(b) Simple confinement up to twenty days;
(c) Demotion in command;
(d) Transfer to the reserve for the remainder of the term of service.

Chapter IV. Rights of Commanders to Impose Disciplinary Penalties on Their Subordinates of the Ranks of Private, Sergeant and Master Sergeant

26. The commander of a squad, the commander of a gun, and the master sergeant of a section shall have the right:
(a) To reprimand;
(b) To deprive privates of one regular pass from the barracks, from the area of the unit or from ship to shore;
(c) To assign privates to extra detail or work -one assignment.

27. The assistant platoon commander shall have the right:
(a) To reprimand;
(b) To deprive of a pass from the barracks or from the area of the unit, privates – up to two regular passes, sergeants – one regular pass;
(c) To assign privates to extra detail or work up to two assignments; sergeants to extra detail-one assignment.

28. The master sergeant of a company, of a battery, of a troop, of an air group, of a ship’s crew shall have the right:
(a) To reprimand;
(b) To deprive of a pass from the barracks, from the area of the unit or from the ship, privates up- to three regular passes, sergeants and master sergeants – one regular pass;
(c) To assign privates to extra detail or work up to three assignments; to assign sergeants and master sergeants to extra detail – one assignment;
(d) To place privates under simple arrest up to two days.

29. The commander of a platoon shall have the right:
(a) To reprimand;
(b) To deprive of a pass from the barracks or from the area of the unit, privates up to three regular passes, sergeants up to two regular passes;
(c) To assign privates to extra detail or work up to four assignments; to assign sergeants to extra detail up to two assignments;
(d) To place under simple arrest; privates up to three days, sergeants – one day.

30. The commander of a company, battery, troop, flight, ship of the fourth class, or independent platoon shall have the right:
(a) To reprimand;
(b) To deprive of a pass from the barracks, from the area of the unit or from the ship: privates up to one month, sergeants and master sergeants up to three regular passes;
(c) To assign privates to extra detail or work up to five assignments; to assign sergeants and master sergeants to extra detail up to three assignments;
(d) To place privates under simple arrest up to ten days, under strict arrest up to four days; sergeants and master sergeants under simple arrest up to five days, under strict arrest up to two days; a master sergeant or warrant officer under simple arrest up to three days.

31. The commander of a battalion, artillery battalion, air group, ship of the third class, the commander of an independent company, battery, or troop, shall have the right:
(a) To reprimand;

(b) To deprive of a pass from the barracks, from the area of the unit, or from the ship, privates, sergeants, and master sergeants up to one month;
(c) To assign privates to extra detail or work up to five assignments; to assign sergeants and master sergeants to extra detail up to three assignments;
(d) To place privates under simple arrest up to fifteen days, under strict arrest up to seven days; sergeants and master sergeants -under simple arrest up to ten days, under strict arrest up to five days.

32. The commander of a regiment, ship of the second class, and the commander of an independent battalion, artillery battalion, or air group, shall have the right:
(a) To reprimand;

(b) To deprive of a pass from the barracks, from the area of the unit, or from the ship, privates, sergeants, and master sergeants up to one month;
(c) To assign privates to extra detail or work up to five assignments; to assign sergeants and master sergeants to extra detail up to three assignments;
(d) To place privates under simple arrest up to twenty days, under strict arrest up to fifteen days; sergeants and master sergeants under simple arrest up to twenty days, under strict arrest up to ten days.
(e) To deprive of the rank of private first class (seaman first);
(f) To reduce in official duties sergeants and master sergeants.

33. The commander of a division, independent or attached brigade, ship of the first class, and independent regiment, shall have, beyond the rights assigned to the commander of a regiment, the right:
(a) To reduce sergeants and master sergeants in regular-term service to the rank of private;
(b) To retire to the reserves sergeants and master sergeants in extra-term service for the remainder of the term of service.

34. The commander of a corps, independent division, brigade of ships, the commander of an army, squadron, flotilla, the commander of troops of a military district or army group, and the commander of a fleet shall enjoy disciplinary authority to the full extent of the present code with respect to privates, sergeants, and master sergeants subordinate to them.

Chapter V. On Disciplinary Penalties Imposed on Officers, Generals, and Admirals

35. The following penalties may be imposed on officers:
(a) Admonition and reprimand administered orally or in writing, before an assembly of officers or in the order of the day;
(b) Arrest in quarters with performance of service duties up to twenty days;
(c) Arrest and confinement in the guardhouse up to twenty days;
(d) Warning of inadequate discharge of duty;
(e) Assignment with a demotion in command;
(f) Reduction in military rank.

36. Deputies (assistants) of commanders of subdivisions of units or ships, and chiefs of staff of units, with the exception of senior officers in the rank of colonel and commodore, can be placed under arrest in quarters or under arrest with confinement in the guardhouse by a commander who has authority one grade higher than their immediate commanders.

37. The commanders of regiments, commanders of ships of the first class and also senior officers of the rank of colonel and commodore who occupy official duties of commanders of large units, of their deputies or of chiefs of staffs of commands, may be placed under arrest in quarters or under arrest with confinement in the guardhouse only by order of the Minister of the Armed Forces of the USSR.

38. Senior officers in the rank of colonel and commodore not indicated in Article 37 may be placed under arrest under disciplinary procedure by authority of the commander of the troops of a military district or army group, the commander of a fleet, and commanders enjoying authority equal to theirs.

39. The following penalties may be imposed on generals and admirals:
(a) Admonition and reprimand, administered orally, in writing, or in the order of the day;
(b) Warning of inadequate discharge of duty;
(c) Assignment with demotion in command.

40. Officers, generals, and admirals of guards units and commands who are assigned with a reduction in official duties in a disciplinary procedure shall be deprived of guards rank and transferred out of the guard.

Chapter VI. Rights of Commanders to Impose Disciplinary Penalties on Their Subordinate Officers, Generals, and Admirals

41. The commander of a company, battery, squadron, flight, or ship of the fourth class shall have the right:
(a) To admonish and reprimand orally;
(b) To place junior officers under arrest in quarters and under arrest with confinement in the guardhouse-up to two days.

42. The commander of a battalion, artillery battalion, air group, ship of the third class, the commander of an independent company, battery, or troop, shall have the right:
(a) To admonish and reprimand orally or before an assembly of officers;
(b) To place junior officers under arrest in quarters and arrest with confinement in the guardhouse for five days.

43. The commander of a regiment, ship of the second class, the commander of an independent battalion, artillery battalion, or air group, shall have the right:
(a) To admonish and reprimand orally, before an assembly of officers or in the order of the day;
(b) To place under arrest in quarters and arrest with confinement in the guardhouse, junior officers up to ten days, senior officers up to five days.
(c) To warn of inadequate discharge of duty.

44. The commander of a division, independent or attached brigade, ship of the first class, or separate regiment shall have the right with respect to officers:
(a) To admonish and to reprimand orally, in writing, before an assembly of officers or in the order of the day;
(b) To place under arrest in quarters and under arrest with confinement in the guardhouse, junior officers up to fifteen days, senior officers up to ten days;
(c) To warn of inadequate discharge of duty.

45. The commander of a corps, independent division, or brigade of ships, shall have the right:

(1) With respect to officers –
(a) To admonish and to reprimand orally, in writing, before an assembly of officers or in the order of the day;
(b) To place under arrest in quarters and arrest with confinement in the guardhouse, junior officers up to 20 days, senior officers up to 15 days;
(c) To warn of inadequate discharge of duty;

(2) With respect to generals and admirals –
(a) To admonish and reprimand orally, in writing, or in the order of the day.

46. The commander of an army, squadron, or flotilla, shall have the right:

(1) With respect to officers
(a) To admonish and reprimand orally, in writing, before an assembly of officers or in the order of the day;
(b) To place under arrest in quarters and arrest with confinement in the guardhouse up to twenty days;
(c) To warn of inadequate discharge of duty;

(2) With respect to generals and admirals –
(a) To admonish and reprimand orally, in writing, or in the order of the day;
(b) To warn of inadequate discharge of duty.

47. The commander of the troops of a military district or army group or the commander of a fleet shall have the right:
(i) With respect to officers –
(a) To admonish and reprimand orally, in writing, before an assembly of officers, or in the order of the day;
(b) To place under arrest in quarters and under arrest with confinement in the guardhouse up to twenty days;
(c) To warn of inadequate discharge of duty;
(d) To assign with a reduction in official duties commanders of battalions, commanders of ships of the third class, those corresponding to them and lower;

(2) With respect to generals and admirals –
(a) To admonish and reprimand orally, in writing, or in the order of the day;
(b) To warn of inadequate discharge of duty.

48. Commanders of chief administrations directly subordinate to the Minister of the Armed Forces of the USSR, and also commanders of arms of the service, with respect to all servicemen subordinate to them, shall enjoy the disciplinary authority of a commander of the troops of a military district or army group, or the commander of a fleet.

49. Chief Inspectors of the Ground Troops, Military Air Forces, and Naval Forces, at the time of inspection, shall enjoy with respect to all servicemen of troops, military installations and institutions which they are inspecting, the disciplinary authority of a commander of the troops of a military district or army group or the commander of a fleet.

50. Deputy Ministers of the Armed Forces of the USSR, the Chief of the General Staff of the Armed Forces of the USSR, the Commander-in-Chief of Ground Troops, Military Air Forces, and Naval Forces, and the Commander of the Rear of the Armed Forces of the USSR shall have, beyond the rights assigned to the commander of the troops of a military district or army group or the commander of a fleet, with respect to all servicemen of the Armed Forces of the USSR, the right to reduce by one grade the military rank of officers from lieutenant colonels down.

51. The Minister of the Armed Forces of the USSR shall enjoy disciplinary authority to the full extent of the present code with respect to all servicemen of the Armed Forces of the USSR.

Chapter VII. On the Imposition of Disciplinary Penalties in Special Cases

52. Commanders of garrisons (senior naval commanders), commanders of training camps, commanders of troop movements, commanders of military automobile roads, and military commandants of all designations, shall have, within the limits of the authority assigned to them with respect to their subordinates, the right to place under arrest servicemen not subordinate to them (Article 8) in the following cases:
(a) When the offense concerns a violation of general security or order;
(b) When the offense is committed while on garrison guard duty or when carrying out other obligations of garrison service;
(c) When the offense is committed while on leave, on detached service, during recuperation in a medical institution, or while confined in the garrison guardhouse;
(d) When the offense is committed while traveling by rail, water, or other means of communication;
(e) When the direct commander of the guilty person enjoys less authority in comparison with them.

53. Commanders imposing arrest in accordance with Article 52 shall inform thereof the commanders of those units and ships and the commanders of those installations and institutions to whose personnel the serviceman who committed the offense belongs.

A serviceman upon arrival at the place of permanent service is obliged to report to his immediate commander the imposition of a penalty upon him.

A serviceman who does not report the imposition of a penalty upon him shall bear responsibility for that in the disciplinary procedure.

54. In case of a violation of military discipline or the general order by officers, generals, and admirals in the reserve or retired, while wearing the military uniform, the following disciplinary penalties may be imposed:
(a) On officers – admonition and reprimand, administered orally or in writing, arrest in quarters or arrest with confinement in the guardhouse, for junior officers up to seven days, for senior officers up to 3 days;
(b) On generals and admirals – admonition and reprimand, administered orally or in writing.

55. The right of imposing disciplinary penalties on officers, generals, and admirals in the reserve or retired (Article 54) belongs:
(a) On junior officers – to commanders of garrisons (senior naval commanders) and county (city) military commissars who enjoy the authority of a commander of a battalion (commander of a ship of the third class);

(b) On senior officers – to garrison commanders (senior naval commanders), to regional (area, republican) and city (county) military commissars who enjoy the authority of the commander of a regiment (commander of a ship of the second class); colonels and commodores in the reserve or retired can be placed under arrest only by order of the commander of the troops of a military district or the commander of a fleet;
(c) On generals and admirals-to commanders of the troops of military districts or commanders of fleets.

56. Officers, generals, and admirals in the reserve or retired, in case of their committing offenses which degrade the honor and dignity of their military rank, may be deprived of the right to wear the military uniform by authority of the Minister of the Armed Forces of the USSR.

57. When servicemen not subordinate one to the other perform service jointly, the senior in official duties or, when equal in official duties, the senior in rank, shall be acknowledged as the commander and shall enjoy the disciplinary authority assigned him according to the official duties occupied.

58. For a violation of military discipline, the general order, or the rules of saluting, by a junior in the presence of a senior, the senior is obliged to remind the junior and if this is not successful, he can arrest the junior.

The right of arrest in these cases belongs: with respect to senior officers (with the exception of persons indicated in Articles 37 and 38 of the present code), to generals, admirals, and senior officers; with respect to privates, sergeants, and master sergeants, to generals, admirals, and all officers.

The procedure for carrying out an arrest is defined in Appendix 4, paragraph 16.

59. Persons not fulfilling the requirements of a senior or his order to place themselves under arrest (Article S8) are subject to responsibility as for not carrying out an order of their commander.

Chapter VIII. Procedure for the Imposition of Disciplinary Penalties

60. Every disciplinary penalty must correspond to the degree of guilt and the importance of the offense committed. In defining the kind and the measure of the penalty there shall be taken into consideration the character of the offense, the circumstances under which it was committed, the previous conduct of the guilty one, and also the length of service and degree of knowledge of the system of service.

61. When imposing a disciplinary penalty or reminding a subordinate of his obligations, a commander must not lower the personal dignity of the subordinate or permit rudeness.

62. It is forbidden to impose several penalties for one and the same offense or to combine one penalty with others. It is forbidden also to place a person under arrest in the form of a disciplinary penalty without defining the term of arrest.

63. The severity of a disciplinary penalty shall be increased when the guilty person has committed an offense of the same character more than once, when the offense is committed while carrying out service obligations, or when it results in a substantial breach of order.

64. A commander who considers the disciplinary authority assigned to him as insufficient for the importance of the offense committed by a subordinate shall submit a petition for the imposition of a penalty on the guilty person by authority of a senior commander.

65. A commander who exceeds the disciplinary authority assigned to him shall bear responsibility for that.

66. A senior commander shall not have the right to reverse or decrease a disciplinary penalty imposed by a junior commander, by reason of the severity of the penalty, if the latter has not exceeded the authority assigned to him.

A senior commander shall have the right to increase a disciplinary penalty, if he finds that the penalty imposed by the junior commander does not correspond to the seriousness of the offense committed.

67. Every disciplinary penalty must be imposed within five days from the day when the offense committed became known to the commander, and if an investigation or inquiry is conducted, then from the day of its completion.

68. The imposition of a penalty on a guilty person who is in a drunken condition shall be postponed until he becomes sober, for, which purpose he can be placed, if necessary, under preliminary arrest in the guardhouse.

Chapter IX Procedure for Carrying out Disciplinary Penalties

69. A disciplinary penalty shall be carried out, as a rule, immediately, and in exceptional cases not later than a month from the day of its imposition. After a period of a month, the penalty shall not be carried out but an entry shall be made on the record card of penalties and rewards.

70. The carrying out of an imposed penalty shall not be suspended when an appeal from it is taken, until instructions of the senior commander for its reversal are received.

71. Disciplinary penalties which are imposed shall be announced as follows: to privates, personally or in formation; to sergeants and master sergeants, personally or before sergeants and master sergeants in formation; to officers, personally, in writing, before an assembly of officers, or in the order of the day.

72. The procedure for carrying out an arrest of privates, sergeants, master sergeants, and officers is set forth in Appendix 4.

Chapter X. On Rewards Applicable to Privates, Sergeants and Master Sergeants

73. The following rewards shall be applied to privates, sergeants, and master sergeants:
(a) Expression of appreciation in formation or in the order of the day;
(b) Removal of a disciplinary penalty previously imposed;
(c) Award to privates, sergeants, and master sergeants in regular-term service of a pass from the area of the unit or from the ship, up to two days;
(d) Award to privates, sergeants, and master sergeants in regular-term service of a short-term leave, up to ten days, not counting travel time to the place of leave and back;
(e) Award of testimonials of merit on completion of the course of study in training units and subdivisions and on return to the reserves;
(f) Award of valuable gifts or money;
(g) Award of a personal photograph of the serviceman, taken before the unfurled banner of the unit;
(h) Notification to the home town or place of former employment of the serviceman of his exemplary performance of service duties and of rewards received;
(i) Award of military decoration.

74. In military academies, besides the rewards enumerated in Article 73, inscription on the honor roll of the names of students who have completed the course of study with honor shall be applicable,

Chapter XI. Rights of Commanders in Applying Rewards to Subordinate Privates, Sergeants, and Master Sergeants

75. The commander of a squad (commander of a weapon, master sergeant of a squad), assistant platoon commander, and the master sergeant of a company (battery, cavalry troop, air group, ship’s crew) shall have the right:
(a) To express appreciation before the formation;
(b) To remove disciplinary penalties previously imposed by them.

76. The commander of a platoon shall have the right:
(a) To express appreciation before the formation;
(b) To remove disciplinary penalties previously imposed by him.

77. The commander of a company (battery, cavalry troop, flight, ship of the fourth class, independent platoon) and the commander of a battalion (artillery battalion, air group, ship of the third class, independent company, battery, cavalry troop) shall have the right:
(a) To express appreciation before the formation;
(b) To remove disciplinary penalties previously imposed by them;
(c) To award a pass from the area of the unit or from the ship to privates, sergeants, and master sergeants in regular term service, up to two days.

78. The commander of a regiment (ships of the first and second class, separate battalion division, air group) shall have the right:
(a) To express appreciation before the formation or in the order of the day;

(b) To remove disciplinary penalties previously imposed by him;

(c) To award a short-term leave to privates, sergeants, and master sergeants in regular-term service, up to ten days;

(d) To award testimonials of merit on completion of regimental schools and on retirement into the reserves;

(e) To award valuable gifts or money;

(f) To award a personal photograph of the serviceman, taken before the unfurled banner of the unit;

(g) To notify the home town or place of previous employment of the serviceman of his exemplary performance of service duties and of rewards received.

79. The commander of a division (independent or attached brigade, independent regiment, training detachment, and the commander of an independent school of the Naval Forces), the commander of a corps (independent division), and the commander of an army, beyond the powers enumerated in Article 78, shall have the right to award testimonials of merit to those who have successfully finished the course of training in training units.

80. The commander of the troops of a military district or army group or the commander of a fleet shall have, beyond the powers enumerated in Articles 78 and 79, the right:
(a) To award military decorations to privates, sergeants, and master sergeants;
(b) To inscribe on the honor roll the names of students of military academies who have completed the course of study with honor.

Chapter XII. On Rewards Applicable to Officers, Generals, and Admirals

81. The following rewards shall be applicable to officers, generals, and admirals:
(a) Expression of appreciation orally, before an assembly of officers, or in the order of the day;
(b) Removal of a disciplinary penalty previously imposed;
(c) Award of valuable engraved gifts or money;

(d) Nomination for premature advancement to the next military rank;
(e) Award of an engraved blank and operating firearm;
(f) Transfer to guard units commands.

82. In military academies (officer schools and courses), beyond the rewards enumerated in Article 81, there shall be applicable by authority of commanders of academies the inscription on the honor roll of the names of students who have completed the course of study with honor.

Chapter XIII. Rights of Commanders in Applying Rewards to Subordinate Officers, Generals, and Admirals

83. The commander of a company (battery, cavalry troop, flight, ship of the fourth class) shall have the right:
(a) To express appreciation orally;
(b) To remove disciplinary penalties previously imposed by him.

84. The commander of a battalion (artillery battalion, air group, ship of the third class, independent company, battery, cavalry troop) shall have the right:
(a) To express appreciation orally or before an assembly of officers;
(b) To remove disciplinary penalties previously imposed by him.

85. The commander of a regiment (ship of the second class, independent battalion, artillery battalion, air group), the commander of a division (independent or attached brigade, ship of the first class, independent regiment), the commander of a corps (independent division, brigade of ships), and the commander of an army (squadron, flotilla) shall have the right:
(a) To express appreciation orally, before an assembly of officers, or in the order of the day;
(b) To remove disciplinary penalties previously imposed by them;
(c) To award valuable engraved gifts or money;
(d) To nominate for premature advancement to the next military rank.

86. The commander of the troops of a military district or army group or the commander of a fleet shall have, beyond the rights enumerated in Article 85, the right to transfer junior officers to guard units (commands).

87. Deputy Ministers of the Armed Forces of the USSR, the Chief of the General Staff of the Armed Forces of the USSR, the Commander-in-Chief of the Ground Troops, the Military Air Forces and the Naval Forces, and the Commander of the Rear of the Armed Forces of the USSR shall have, beyond the rights assigned to the commander of the troops of a military district or army group or the commander of a fleet, with respect to all servicemen of the Armed Forces of the USSR, the right in applying rewards to award side arms and firearms with name engraved.

88. The Minister of the Armed Forces of the USSR shall have, with respect to all servicemen of the Armed Forces of the USSR, the right to apply rewards to the full extent of the present code.

Chapter XIV. Keeping Records of Disciplinary Penalties and Rewards

89. Direct commanders must report or inform through official channels concerning disciplinary penalties and rewards:
(a) For privates, sergeants, and master sergeants-to commanders of companies and those corresponding to them;
(b) For officers-to commanders of units and ships;
(c) For commanders of units and ships, generals, and admirals -to the headquarters of the next higher unit.

90. Record cards of penalties and rewards shall be kept:
(a) In the company-for privates and sergeants;
(b) In the headquarters of the unit-for officers;
(c) On ships of the first class: for privates and master sergeants-in groups, batteries, and turrets of combat units, in service units and separate ship’s crews; for officers – by the assistant commander of the ship;
(d) On ships of the second class: for privates and master sergeants-in combat units, service units, and independent units; for officers-by the assistant commander of the ship;

(e) On ships of the second class and submarines: for all personnel of the ship – by the assistant commander of the ship;

(f ) For all personnel of ships of the fourth class – in this administration of the flotilla.

91. Records of penalties and rewards for commanders of unit! and ships, generals, and admirals shall be kept in the headquarters of the next higher unit.

92. Each disciplinary penalty, with the exception of admonitions and reprimands administered orally, and also all rewards, shall be entered in the record of penalties and rewards (Appendix 2).

93. Each entry in the record of penalties and rewards for privates, sergeants, and master sergeants must be certified by the commander of the company (and of corresponding subdivisions).

On the record of penalties and rewards for officers each entry shall be certified by the chief of staff of the unit (assistant commander of a ship, commander of a flotilla of ships of the fourth class); and for commanders of units or ships and generals and admirals-by the chief of staff of the unit.

94. Commanders of battalions, regiments, and ships and those corresponding to them are obliged to inspect periodically the records of penalties and rewards for the purpose of checking the correctness of the penalties imposed and the rewards applied.

95. In case of travel or transfer of the serviceman, his record of penalties and rewards shall be sent to his new place of service.

Chapter XV. On Complaints and Reports

96. All servicemen shall have the right to make complaints about illegal actions and orders of commanders with respect to them, about violations of rights and benefits established by service, or non-issuance of their authorized allowances.

97. A complaint shall be made directly to the commander of the person against whose actions the complaint is made, and if the person making the complaint does not know through whose fault his rights have been violated, then the complaint shall be made through channels.

98. A complaint may be presented orally or turned in written form. In the latter case it must be signed.

99. A complaint against the commander of a regiment, commanders of ships of the first and second class, and commanders superior to them shall be turned in only in written form, with the exception of complaints made in response to an inspecting officer (Article 108).

100. Servicemen shall have the right to turn in complaints only for themselves personally. To turn in group complaints or complaints on behalf of another shall be forbidden.

101. It shall be forbidden to turn in a complaint while in formation, on guard duty, on watch, on twenty-four-hour detail and while in classes or in training courses.

102. It shall be forbidden to complain of the severity of a disciplinary penalty if the commander has not exceeded the disciplinary authority assigned to him.

103. When the superior commander conducts an inspection, a complaint may be made orally or turned in writing directly to the person making the inspection.

104. Servicemen not present for any reason when the superior commander conducts an inspection may turn in a complaint in written form directly addressed to the person making the inspection.

105. If a serviceman discovers anywhere misappropriation or damage of military property, illegal expenditure of funds, or other obvious abuses in the supplying of troops, he is obliged to report this through official channels and may send a written report to a superior commander.

Officers, generals, and admirals shall have in addition the right to turn in reports through official channels concerning abuses and inadequacies in the condition of technique and supply, and concerning facts which damage the combat efficiency of the armed forces and also concerning their suggestions for elimination of these inadequacies. Concurrently with turning in reports through official channels, it shall be permitted in these cases to turn in a report to a superior commander up to and including the Minister of the Armed Forces of the USSR.

106. A commander is obliged to examine a complaint or report received and if he considers the complaint or report to be correct immediately to take measures for the satisfaction of the request of the person turning in the complaint or request.

If a commander receiving a complaint or report does not have sufficient authority to satisfy the request of the person turning in the complaint, he shall immediately send the complaint or report through channels.

107. Servicemen who discover an abuse or any kind of serious inadequacy and who through their reports make possible its elimination, shall be eligible for a reward.

108. A serviceman who knowingly turns in a false complaint or report shall be made responsible for that.

109. A commander who permits an obvious injustice or an illegal action with respect to a subordinate on account of a complaint or petition turned in by him shall be subject to strict responsibility.

110. Complaints and reports of servicemen shall be entered by commanders of companies, commanders of combat units (service units), assistant commanders of ships, and commanders of flotillas of ships of the fourth class, in the book of complaints and reports (Appendix 3).

A book of complaints and applications shall be kept:
(a) In each company;
(b) In each combat unit of ships of the first class;
(c) On each ship of the second and third class;
(d) In the administration of a flotilla of ships of the fourth class.

In the book of complaints and applications shall be entered all complaints and reports of privates, sergeants, and master sergeants with the exception of complaints against officers of the rank of commander of a company, those corresponding to him and higher, and also complaints made when the superior commander conducts an inspection.

111. Complaints and reports of servicemen against officers of the rank of the commander of a company, those corresponding to him and higher, and also complaints made when the superior commander conducts an inspection, shall be entered personally by the chief of staff of the unit (senior assistant commander of a ship, assistant commander of a ship, chief of staff of a command of ships of the fourth class) in a separate book of complaints and reports which shall be also kept by him.

112. In books of complaints and reports an entry shall be made of the decision which followed each complaint or report.

Books of complaints and reports shall be presented every month to the commander of the unit for inspection, and also to the person inspecting for verification of the correctness of the dispositions made.

113. Books of complaints and reports must have the pages numbered, sewn together, and fastened together with stamped sealing wax, and be certified by the commander of the unit.

Chapter XVI. On Officers’ Courts of Honor

114. Courts of honor shall be established for the guarding of the dignity and honor of the rank of officer. To them shall be entrusted the trial of offenses which are unworthy of the rank of officer, or degrading to military honor or incompatible with the concept of morality.

115. The decision of the question whether or not a case is subject to trial by a court of honor shall belong to the commander who has jurisdiction over the court.

116. Courts of honor shall be organized:
(a) In a regiment, on a battleship, and also in other independent units of troops, for trial of cases involving junior officers;
(b) In the administration of a division, for trial of cases involving senior officers of units of the division except commanders of regiments and those corresponding to them;
(c) In the administration of a brigade of ships and units corresponding to them and higher, in the administration of naval bases and sea frontiers, for the trial of cases involving junior officers, and separately for senior officers, except commanders of ships of the first and second class and those corresponding to them.

117. Courts of honor shall also be organized for junior officers and separately for senior officers:

(a) In the administration of corps, armies, military districts, army groups, fleets, and flotillas;

(b) In institutions of military education;
(c) In military installations and institutions (military commissariats hospitals, depots, etc.);
(d) In chief and central administrations of the Ministry of the Armed Forces of the USSR.

118. Trial of cases involving commanders of regiments, commanders of ships of the first and second class, and those corresponding to them shall be conducted in a court of honor organized under the commander of the troops of a military district or army group of the commander of a fleet or flotilla.

119. Depending on the number of officers, courts of honor shall be organized in independent units of troops of district and army group administrations, installations, and institutions, and also in administrations, establishments, and institutions of fleets and flotillas. The decision as to the sufficiency of the number of personnel shall rest with the commander of the troops of a military district or army group or the commander of a fleet or flotilla.

120. The commander of the troops of a military district or army group or the commander of a fleet or flotilla shall have the right to transfer for consideration to one of the courts of honor offenses of officers of those units (institutions, installations) of the army group, fleet, and flotilla in which a court of honor has not been established because of the small number of personnel.

121. Depending on the number of officers, courts of honor for junior and senior officers shall be organized in chief and central administrations of the Ministry of the Armed Forces of the USSR. The decision of the question as to the sufficiency of the number of personnel shall rest with the commanders of the corresponding chief and central administrations.

122. Courts of honor for the trial of cases involving junior officers shall consist of five members elected at an assembly of officers of the unit (battleship, brigade of ships, units corresponding to them and higher) from among the senior officers (except commanders of independent units, ships) and captains (lieutenant captains) who have served in the unit for not less than one year before the day of the elections. However, at least one senior officer must be elected to the court of honor for junior officers.

The court of honor for trial of cases involving senior officers shall consist of five members elected at an assembly of the senior officers of the division (independent brigade, brigade of ships, units corresponding to them and higher) from among the senior officers.

Beyond the number of members indicated above, there shall be elected to each court of honor two alternate members of the court.

123. Each independent unit of a division (independent brigade) and ship whose representatives are not included in the court of honor shall elect from its senior officers one member of the court. At the trial of a case involving an officer of that unit (ship), the member from that unit (ship) shall automatically replace one of the other members, who shall retire in such a case so that the court of honor will always consist of five members.

124. The court of honor for the trial of cases involving regimental commanders, commanders of ships of the first and second class and those corresponding to them shall consist of five members to be appointed each time for the trial of the particular case by the commander of the troops of the military district or army group or the commander of the fleet or flotilla.

In such cases, commanders of commands, except those to whom the accused is directly subordinate, shall be designated as members of the court of honor.

125. Officers under investigation or trial cannot be elected as members of courts of honor.

126. The selection of the members of the court of honor shall be carried out by secret vote.

Each elector has the right to nominate and to challenge any candidate. A question of a challenge shall be decided by voice vote.

The seven who receive the greatest number of votes shall be considered elected to the court of honor, and of these the two who receive the smallest number of votes shall be the alternate members of the court.

127. The members of a court of honor shall elect from among their number the president of the court and his deputy.

128. Elections to the court of honor shall be conducted each year, and the time for conducting the elections shall be set by the commander of the troops of a military district or army group, or the commander of a fleet or flotilla. Officers already on the court can be re6ected. Announcement shall be made concerning the results of the elections and also concerning the time the elected members enter upon fulfillment of their new obligations: for courts of junior officers, in an order of the day to the unit (ship); for courts of senior officers, in an order of the day to the division (independent brigade, brigade of ships, and units corresponding to them and higher). If the members of the court leave the unit before the end of the term for which they were elected, or are recalled from the court by the electors, then new elections shall be set for the election of new members.

129. An inquiry concerning the offenses with which the accused is charged must precede the examination of a case in the court of honor.

The inquiry shall be conducted by officers appointed by the commander who has jurisdiction over the court of honor according to the rules established for conducting inquiries.

130. For the conduct of the inquiry the accused and witnesses shall be called by order of the commander who has jurisdiction over the court of honor.

131. Upon examining the record of the inquiry, the commander who has jurisdiction over the court of honor shall decide whether or not the accused should be turned over to the court of honor. In case he is turned over to the court, the case shall be transferred to the president of the court of honor.

132. In case he is turned over to the court of honor, the accused shall be presented with the record of the inquiry which was conducted, and shall be given the right to ask the president of the court that new witnesses be called, to demand documents and other sources of information. In proper cases the president of the court shall grant such a request and in case of refusal shall write a resolution indicating the basis of the refusal.

133. Trial of a case in the court of honor shall be conducted as a rule in an open session, which may be attended by officers of rank not below that of the accused.

134. The actions of the court of honor shall consist of consideration of all the information brought together for the case, calling the accused into court, hearing him out, and verifying the evidence presented by him.

135. If the accused without valid reason does not appear in accordance with the demand of the court, the court without postponing trial of the case shall render a verdict by default. A special resolution concerning the failure of the accused to appear in court shall be composed and appended to the verdict.

136. The accused can offer a challenge against any of the members of the court; likewise the members of the court can disqualify themselves from participation in the trial. Upon hearing the explanations, the court shall decide whether to consider the challenge valid or not. A member of the court against whom a challenge is offered cannot take part in the decision concerning the challenge.

The decision of the court concerning the challenge shall be set forth in a special resolution, appended to the sentence of the court.

137. In rendering a verdict the court shall declare a recess and remove to a separate place. If a substantial need for additional information arises, the court shall have the right to adjourn without rendering a verdict.

138. The verdict of the court shall be rendered by a majority of the votes cast by voice vote.

139. The court of honor may decide:
(a) To acquit the accused;
(b) To admonish him;
(c) To reprimand him;
(d) To reprimand him severely;
(e) To petition for postponement of his regular promotion to the next military rank;

. (f) To petition for his reduction in official duties or in military rank;
(g) To petition for his transfer to another military district, fleet, or flotilla;
(h) To petition for his retirement into the reserves.

Courts of honor in guards units and commands may in addition petition to deprive the accused of guards rank with his transfer out of the guards unit.

140. The sentence of the court of honor, signed by the president and all the members of the court, shall be announced immediately to the accused and presented with the entire record in a report by the president of the court personally to the commander by whom the order for calling the court was issued.

141. An appeal from the verdict of a court of honor based on the substance of the case shall not be allowed. An appeal shall be allowed only for violation of the procedure established for courts of honor. An appeal shall be taken directly to the commander who has jurisdiction over the court of honor within three days after the day of the announcement of the verdict to the guilty person.

142. If the commander who has jurisdiction over the court of honor finds such an appeal (Article 141) justified, or if he himself observes in the conduct of the case a substantial violation of the established procedure, he shall have the right to set aside the verdict and order the president of the court to reconvene the court of honor, observing the established procedure.

143. In case the officer is sentenced to reduction in official duties or in military rank, or to transfer to another military district, fleet, or flotilla, or out of the guards, or to retirement into the reserves, the commander who has jurisdiction over the court of honor shall present through official channels a petition with the original of the verdict and the entire record of the case appended.

144. At the discretion of the commander who has jurisdiction over the court of honor, the verdict of the court of honor may be announced: for junior officers, at an assembly of junior and senior officers; for senior officers, at an assembly of senior officers.

Source: Harold J. Berman and Miroslav Kerner, ed., Documents on Soviet Military Law and Administration (Cambridge: Harvard University Press, 1955), pp. 50-82.

People’s Commissariat of Justice, Guiding Principles of Criminal Law in the RSFSR. December 12, 1919

Order of the People’s Commissariat of Justice

Original Source: Sobranie uzakonenii i rasporiazhenii raboche-krestian’skogo pravitel’stva, No. 66, 18 December 1919.

Introduction

Having taken power in the October revolution, the proletariat broke up the bourgeois governmental apparatus, which had the aim of oppressing workers through all of its agencies, its army, its police, its courts, and its church. It is self-evident that such an aim was also served by all codes of bourgeois law, as systems of norms (rules, formulae) of organized force to establish a stability of interests among social classes designed to serve the ruling classes (the bourgeoisie and the landowners). But just as the proletariat could not immediately transform the bourgeois state machine to serve its own ends, and smash it, as it should have, into pieces, creating in its place its own state apparatus, so it also could not adapt for its own aims the bourgeois legal codes of past epochs, and consign them, as it should have, to the archives of history. An armed people tries to cope with its oppressors without special rules, without codes. In the course of struggling with class enemies, the proletariat adopts various forceful measures, applying them at first without a special system, randomly, from case to case. The experience of struggle, however, trains the proletariat to follow general rules, leads it to systematization, creates, in other words, a new law. Almost two years of such struggle has now given us the ability to develop concrete formulations of proletarian law and to draw appropriate generalizations. In the interest of economic might and in accordance with the centralization of various activities, the proletariat must work out rules to keep its class enemies in check, develop methods to struggle with its enemies, and govern them. And first of all, this must be done by means of criminal law, the task of which is to struggle with those who violate the conditions laid down by the new social order in the transitional period of the dictatorship of the proletariat. Only when the resistance of the deposed bourgeois and propertied classes has finally been broken, and a communist order established, will the proletariat be able to do away with the state as organized force and law, as a function of the state. To assist in this task by aiding the organs of Soviet justice fulfill their historic mission in the area of struggling with class enemies of the proletariat, the People’s Commissariat of Justice issues the following guiding principles of criminal law for the R. S. F. S. R.

I. Criminal Law

1) Law is a system (order) of social relations corresponding to the interests of the ruling class, and secured by the organized power of that class.

2) Criminal law has as its content legal norms and other legal measures by which the system of social relations of a given class society protects itself from violations (crimes) by means of repression (punishments).

3) Soviet criminal law has the task, by means of repression, of protecting the system of social relations corresponding to the interests of the laboring masses, organized into the ruling class under the dictatorship of the proletariat in the transitional period from capitalism to communism.

II. Criminal Justice

4) Soviet criminal law in the RSFSR is carried out by organs of Soviet Justice (People’s Courts and Revolutionary Tribunals).

III. Crime and Punishment

5) Crime is a violation of the order of social relations protected by criminal law.

6) A crime is an act of commission or omission dangerous for the given system of social relations, and makes struggle by governmental power necessary against the person (criminal) who perpetrates such acts or allows them to occur as a result of a failure to act.

7) Punishment consists of those compulsory measures by which the government protects a given order of social relations against the actions of those who violate its rule (criminals).

8) The purpose of punishment is to protect the social order from those who commit crimes or attempt to commit them, and from future possible crimes of these or other individuals.

9) To protect the social order from future criminal acts by persons attempting to commit crimes, a person can either be socialized into the given social order, or isolated, if that person refuses socialization, or, in exceptional circumstances, physically eliminated.

10) In selecting a punishment it should be kept in mind what crime in a class-based society means in terms of the order of social relationships in which the criminal has lived. Punishment is not retribution for blame, nor atonement of guilt. It is only a defensive measure which should be expedient, and at the same time lack any traces of martyrdom, and it should not cause the criminal useless and extraneous suffering.

11) In determining the measures to be applied against those who commit crimes, the court must evaluate the degree and character (nature) of the danger for society of both the criminal himself and the act. To these ends the court must first, conduct an unrestricted investigation of all circumstances surrounding the commission of the crime; clarify the personality of the criminal insofar as it will help explain the commission of the crime and its motives, and insofar as it will help explain the crime on the basis of the criminal’s life and past; and second, establish how much that act, in the given conditions of time and place, violated the bases of social security.

12) In determining the measures of punishment in each instance it is necessary to distinguish a) whether the crime was committed by a person belonging to the propertied classes in the interests of restoring, saving, or obtaining some kind of privilege linked with the rights of ownership, or by an unpropertied person, in hungry or needy circumstances; b) whether the act was committed in the interests of restoring power to the deposed class, or in the personal interests of the person committing the act; c) whether the act was committed consciously, or in ignorance and unconsciousness; d) whether the act was committed by a professional criminal (recidivist) or by a first offender; e) whether the act was committed by a group, gang, band, or by a single person; f) whether the act involved bodily harm-, g) whether the act involved premeditated intent, cruelty, maliciousness, cowardice, or was committed in a burst of passion as a result of ignorance or a lack of thought.

13) Minors under 14 years of age are not subject to the courts and their punishment. Rehabilitative measures are to be used for them. Such measures are also to be used against those in the transitional ages of 14 to 18 who act unconsciously.

14) Judgment and punishment are not to be applied against persons who have committed crimes in a state of chronic mental illness, or who are in such mental straits that in committing the crime, they are not aware of their own actions, or who, although in their right senses at the time of the act, are, at the time of sentencing, mentally deranged. To such persons, only medical and preventative measures can be applied.

15) Punishments shall not be applied when the acts were committed in order to prevent a danger which in the circumstances could not have been prevented by any other means, provided that the harm caused does not exceed the limits of necessary defense.

16) If conditions have changed such that an act or the person who committed it is no longer a danger to the established order, punishment shall not be applied.

IV. Stages in the Commission of a Crime

17) A crime is considered to have taken place completely when an intentionally committed criminal act is perpetuated in its entirety.

18) An attempt to commit a crime shall be considered equivalent to a crime when the criminal has done everything considered necessary for the perpetration of the crime, but failed due to circumstances beyond his control.

19) Criminal intent is the search for, acquisition of, or adaptation of tools, weapons, etc. needed for the completion of a crime by a person preparing to commit it.

20) The stage of commission of an intended crime shall not by itself influence the measures of repression, which are to be determined by the degree of danger posed by the criminal.

V. Complicity

21) In the case of an act committed jointly by a group of persons (gang, band, crowd), the perpetrators as well as the initiators and accomplices shall be punished. Their punishment shall depend not upon the degree of their participation, but upon the degree of danger represented by the criminal and the act committed.

22) Perpetrators shall be considered those who take part in the implementation of a criminal act however it turns out.

23) Initiators shall be considered those who incite crimes.

24) Accomplices shall be considered those who, while not taking direct part in the completion of a criminal act, assist in its completion by word or deed, by advice, the elimination of obstacles, concealing the criminal or the traces of the crime, or by acquiescence, that is, by not hindering the accomplishment of a crime.

VI. Types of Punishment

25) In accordance with the task of protecting the social order from being violated, and considering the necessity of reducing as much as possible the personal suffering of the criminal, punishment should vary in accordance with the particular characteristics of the situation and the personality of the criminal.

Examples of types of punishment: a) reprimand b) social censure c) compulsory activities, without physical hardship d) boycott e) temporary or permanent exclusion from an association f) restitution, or, if this is impossible, indemnity g) suspension of duties h) restrictions on filling a post, or doing other kinds of work i) confiscation of all belongings j) deprivation of political rights k) being declared an enemy of the revolution or of the people 1) compulsory labor without imprisonment m) imprisonment for a set period or for an unspecified period until the occurrence of certain events n) being declared outside the law o) execution by firing squad p) combination of the above forms of punishment.

Annotation: People’s Courts, may not apply the death penalty.

VII. Conditional Sentences

26) When a court has ordered imprisonment for a crime committed (a) as a first offense; (b) under exceptionally difficult personal circumstances; (c) when the convicted person poses no danger to those around him sufficient to require immediate isolation, the court may substitute a conditional sentence, that is, issue a suspended sentence for a period corresponding to the conviction or appropriate to the crime. On repetition of such an act, the suspended sentence loses its conditional character and the primary sentence immediately takes effect.

VIII. Territory Covered by Criminal Law

27) The criminal law of the RSFSR applies to the whole territory of the Republic, both in terms of the action of its citizens and also those of foreigners who commit crimes on its territory, and likewise shall affect citizens of the RSFSR and foreigners who commit crimes on the territory of another government, but avoid judicial punishment in the location where the crime was committed, and subsequently are found within the boundaries of the RSFSR

12 December 1919.
Signed: Deputy Commissar of People’s Justice, P. Stuchka

Source: William G. Rosenberg, ed., Bolshevik Visions: First Phase of the Cultural Revolution in Soviet Russia (Ann Arbor: Ardis, 1984), pp. 229-233.