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FORMATION AND DEVELOPMENT OF THE CRIMINAL PHENOMENON, THAT OF ASSAULT TOWARDS THE LIFE OF STATE OR PUBLIC VOTARY IN THE PERIOD OF THE USSR

Author (s)

Zohidova M.M.

Abstract

The legal issues of the formation and development of the crime against statesman or public figure during the Soviet era have been analyzed and considered. The subject of analysis is the evolution of the concept of an act of terrorism and assassination attempt on the lives of state and public figures in the legal acts of the Soviet state, from its inception until the 60s of the twentieth century. Based on a detailed analysis of the relevant articles of the Criminal Code of the RSFSR (1926), the Criminal Code of the Uzbek SSR (1928), the Criminal Code of the Republic of Tajikistan (1935 and 1961) the evolution of terrorism act conception in regard to the crime against public officials is presented. Particular attention is paid to the analysis of the shortcomings of some articles of the Criminal Code worked out in the Soviet period since the beginning up to the 60-ies, both in judicial practice and in the theory of Soviet criminal law, including the unjust interpretation of Article 58-8 of the Criminal Code of the RSFSR of 1926. It is noted that criminal legislation does not criminalize the encroachment on life or health of a leading public votary (scientist, champion for peace etc.) from a foreign country on the territory of the USSR; the fact being observed as before in the Penal Code of Tajikistan Republic (1998) as one of its drawbacks.

Keywords

Soviet power, crime, statesman or public figure, state crimes, Criminal Code of the Tajik SSR (1935), Criminal Code of the Tajik SSR (1961), Criminal Code of the RSFSR (1926), Criminal Code of the Uzbek SSR (1928)

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Publication date

Thursday, 25 February 2021