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What are my gold, let's look from a different angle. I am passionately loving you, love 😻 as evil is known, love and goat (saying), looking for the best and most comfortable forms of the future for your (our) future, well, for those of you (us) who are still able to look to the future for 10 years ahead.

Pandemic of coronavirus from the angle of view of the Bolsheviks in the form of 58 art. RSFSR and more. Let's try on the suit. After all, in our hopeless business what is the main thing? The main thing is that the costume would sit well (beautifully 😍)

Preface

We are opening the Criminal Code of the RFSR of 1926.

CRIMINAL CODE OF THE RFSR

EDITORIALS 1926

Adopted by the 2nd session of the VCIC XII convocation

Put in place

January 1, 1927

by the ruling of the VCIC

November 22, 1926

(SU 80, Art.600)

The Assembly and the Orders of the Working and Peasant Government (SU RFSR) is the official printed edition of the government of Soviet Russia from 1917 to 1938...

Section one. On the objectives of the Criminal Law of the RFSR

1. The criminal law of the RFSR is tasked with protecting the socialist state of workers and peasants and the law and order established in it from social and dangerous actions (crimes) by applying to the persons who commit them, specified in this Code of social protection measures. Drawing attention to this extraction, we see that "Criminal law of the RFSR, etc. by applying to the persons who commit them, specified in this Code of Social Protection measures."

Thus, this Code is a collection of "MER SOCIAL." Next, we will see what it is "RETS SOCIAL." On the example of article 58. I also wanted to draw attention to the fact that excerpts from Alexander Solzhenitsine's book "Gulag Archipelago" will be used here, about the essence of which, you can learn from the following excerpt, from this book: "I do not dare to write the history of the Archipelago: I did not have to read the documents. But will anyone ever -- will it?.. Those who do not want to REMEMBER, quite already had (and will still be) time to destroy all the documents cleaned."

EXTRACT from the Criminal Code of the RSFSR.

The special part

Chapter one. State crimes

Chapter One has been in force since the Entry into Force of the State Crimes Regulation adopted by the 3rd session of the THIRD convocation of the Central Executive Committee of the USSR on February 25, 1927 (USSR 1927 N 12, p.123).

1. Counter-revolutionary crimes

58_1. Any action aimed at overthrowing, undermining or weakening the power of the peasant workers' councils and those elected by them, on the basis of the Constitution of the Union of the USSR and the constitutions of the union republics, the working-peasant governments of the Soviet Union, the union and autonomous republics, or to undermine or weaken the external security of the Soviet Union and the main economic, political and national conquests of the proletarian revolution is recognized as counter-revolutionary.

Because of the international solidarity of the interests of all workers, the same actions are recognized as counter-revolutionary and when they are directed at every other state of workers, even if not a member of the Union of the USSR. On June 6, 1927 (SU N 49, p.330).

58-1a. Treason to the homeland, i.e. actions committed by the citizens of the Union of the USSR at the expense of the military power of the Soviet Union, its state independence or the sanctity of its territory, such as: espionage, the issuance of military or state secrets, the transition to the enemy, flight or flight abroad are punished - the death penalty - by firing squad with the confiscation of all property, and in mitigating circumstances - imprisonment for ten years with the confiscation of all property. On July 20, 1934 (SU N 30, p.173).

Cm. Art.28.

The article 58-1a-58-1g has been in place since the post was put in place. CEC of the USSR on June 8, 1934 (USSR N 33, Art.255).

The same crimes committed by the military are punishable by the highest penalty of criminal punishment - execution with confiscation of all property. On July 20, 1934 (SU N 30, p.173).

In the event of an escape or flight abroad by a soldier, adult members of his family, if they contributed to the impending or committed treason, or at least knew about it, but did not bring it to the attention of the authorities, are punishable by imprisonment for five to ten years with the confiscation of all property.

The remaining adult members of the traitor's family, who lived with him or were dependent on him at the time of the crime, are subject to disenfranchisement and exile to remote areas of Siberia for five years. On July 20, 1934 (SU N 30, p.173).

58/1g. Failure on the part of the soldier about the impending or committed treason - entails - imprisonment for ten years.

The non-reporting of the rest of the citizens (not the military) is prosecuted under Article 58. On July 20, 1934 (SU N 30, p.173).

58_2. Armed rebellion or invasion of Soviet territory by armed gangs, seizure of power in the center or on the ground for the same purposes and, in particular, with the aim of forcibly alienating from the Union of the USSR and a separate Union republic any part of its territory or to terminate the treaties concluded by the Soviet Union with foreign states, entail -

the highest measure of social protection is the execution or declaration of the enemy of workers with confiscation of property and deprivation of citizenship of the Union Republic and, thus, the citizenship of the Union of the USSR and expulsion from the borders of the Union of the USSR forever, with the admission, under mitigating circumstances, of demotion to imprisonment for a period of at least three years, with the confiscation of all or part of the property. On June 6, 1927 (SU N 49, p.330).

58_3. Relations in counter-revolutionary purposes with a foreign state or its individual representatives, as well as contributing in any way to a foreign state, which is at war with the Soviet Union or fighting it through intervention or blockade, entails -social protection measures specified in Article 58/2 of this Code. On June 6, 1927 (SU N 49, p.330).

58_4. Providing any way to help that part of the international bourgeoisie, which, without recognizing the equality of the communist system that replaces the capitalist system, seeks its overthrow, as well as under the influence or directly organized by this bourgeoisie social groups and organizations, in the implementation of activities hostile against the Union of the USSR entails -imprisonment for at least three years with the confiscation of all or part of the property , with the increase, under particularly aggravating circumstances, up to the highest measure of social protection - the execution or declaration of the enemy of workers, with the deprivation of citizenship of the Union Republic and, thus, the citizenship of the Union of the USSR and expulsion from the borders of the Union of the USSR forever, with the confiscation of property. On June 6, 1927 (SU N 49, p.330).

58_5. The inclination of a foreign state or any social groups, through intercourse with their representatives, the use of false documents or other means, the declaration of war, armed interference in the affairs of the Soviet Union or other hostile actions, in particular: to the blockade, to the seizure of state property of the Soviet Union or the Union republics, the severance of diplomatic relations, the severance of treaties concluded with the Soviet Union, etc., specified in Article 58/2 of this Code. On June 6, 1927 (SU N 49, p.330).

58_6. Espionage, that is, the transfer, abduction or collection for the purpose of transferring information, which in its content is a specially protected state secret, to foreign states, counter-revolutionary organizations or private individuals, entails - imprisonment for a period of at least three years, with the confiscation of all or part of the property, and in cases where espionage has caused or could cause especially grave consequences for the interests of the USSR, - the highest measure of social protection - the shooting or declaration of the enemy of the workers, with deprivation of the citizenship of the Union republic and, thus, citizenship of the USSR and expulsion from the USSR forever, with the confiscation of property.

Transfer, theft or collection for the purpose of transferring economic information that does not constitute in its content a specially protected state secret, but is not subject to disclosure under the direct prohibition of the law or by order of the heads of departments, institutions and enterprises, for remuneration or free of charge, to organizations and persons mentioned above, entail - imprisonment for up to three years. [June 6, 1927 (SU No. 49, art. 330)].

Note 1. Information listed in a special list approved by the Council of People's Commissars of the USSR in agreement with the Councils of People's Commissars of the Union republics and published for general information is considered a specially protected state secret. [June 6, 1927 (SU No. 49, art. 330)]

The list was established by the Resolution of the Council of Ministers of the USSR of April 28, 1956 (p. 143).

Note 2. With regard to espionage of persons referred to in Article 193_1 of this Code, Article 193_24 of the same Code remains in force. [January 9, 1928 (SU No. 12, article 108)].

58_7. Undermining of state industry, transport, trade, money circulation or the credit system, as well as cooperation, committed for counter-revolutionary purposes through the appropriate use of state institutions and enterprises or opposition to their normal activities, as well as the use of state institutions and enterprises or opposition to their activities, committed in the interests former owners or interested capitalist organizations, entail - measures of social protection specified in Article 58_2 of this Code. [June 6, 1927 (SU No. 49, art. 330)].

58_8. The commission of terrorist acts directed against representatives of the Soviet government or leaders of revolutionary workers and peasant organizations, and participation in the implementation of such acts, even by persons who do not belong to a counter-revolutionary organization, entail - social protection measures specified in Article 58_2 of this Code ... [June 6, 1927 (SU No. 49, art. 330)].

58_9. Destruction or damage for counter-revolutionary purposes by explosion, arson or other means of railway or other lines and means of communication, public communications, water supply systems, public warehouses and other structures or state or public property shall entail social protection measures specified in Article 58_2 of this Of the Code. [June 6, 1927 (SU No. 49, art. 330)].

58_10. Propaganda or agitation containing a call for the overthrow, undermining or weakening of Soviet power or for the commission of certain counter-revolutionary crimes (Articles 58_2-58_9 of this Code), as well as the distribution or production or storage of literature of the same content, entail - deprivation of freedom for a period of at least six months.

The same actions during mass disturbances or with the use of religious or national prejudices of the masses, or in a military situation, or in areas declared under martial law, entail the measures of social protection specified in Article 58_2 of this Code. [June 6, 1927 (SU No. 49, art. 330)].

58_11. Any kind of organizational activity, directions for the preparation or commission of crimes provided for in this chapter, as well as participation in an organization formed for the preparation or commission of one of the crimes provided for in this chapter, entail the measures of social protection specified in the relevant articles of this chapter. [June 6, 1927 (SU No. 49, art. 330)].

58_12. Failure to report a reliably known impending or committed counter-revolutionary crime shall result in imprisonment for a term of at least six months. [June 6, 1927 (SU No. 49, art. 330)].

58_13. Active actions or active struggle against the working class and the revolutionary movement, manifested in a responsible or secret (agents) position under the tsarist regime or among counter-revolutionary governments during the civil war, entail the measures of social protection specified in Article 58_2 of this Code. [June 6, 1927 (SU No. 49, art. 330)].

58_14. Counter-revolutionary sabotage, i.e. deliberate non-fulfillment by someone of certain duties or deliberately negligent fulfillment of them with the special purpose of weakening the power of the government and the activities of the state apparatus, entails - imprisonment for a period of at least one year, with confiscation of all or part of the property, with an increase, under especially aggravating circumstances , up to the highest measure of social protection - execution, with confiscation of property. [June 6, 1927 (SU No. 49, art. 330)].

“Arrests rolled through the streets and houses like an epidemic. Just as people pass on an epidemic infection to each other, without knowing about that - by shaking hands, breathing, passing a thing, - so by shaking hands, breathing, meeting on the street, they passed on to each other the infection of imminent arrest. For if tomorrow you are destined to confess that you formed an underground group to poison the city water supply system, and today I shook your hand in the street, then I am doomed too. " (*)

A.I.Solzhenitsin "The Gulag Archipelago" M.2019 p.60

Article 58 of the RSFSR Criminal Code "cannot be formulated so broadly, but it turned out to be possible to interpret it so widely." (**)

** Ibid. page 51

Article 58 consists of 14 points (see above).

“From the first paragraph, we learn that any action (according to Art. 6-Criminal Code - and inaction) aimed ... at weakening power ... With a broad interpretation it turned out to be counter-revolutionary: refusal to go to work in the camp when you are hungry and exhausted - there is a weakening of power. And it entails - execution. (Executions of objectors during the war).

Since 1934, when the term Motherland was returned to us, the subparagraphs of treason to the Motherland were also inserted here - 1-a, 1-b, 1-d. Under these points, actions committed to the detriment of the military might of the USSR are punishable by shooting (1-b) and only in extenuating circumstances and only for civilians (1-a) - ten years. Reading widely: when our soldiers were given only ten years for surrender (damage to military power!), It was humane to the point of illegality.

According to the Stalinist code, as they returned to their homeland, they were all to be shot. (Or here's another example of a wide reading. I well remember one meeting in Butyrki in the summer of 1946. A certain Pole was born in Lemberg, when he was part of the Austro-Hungarian Empire. Before World War II, he lived in his hometown in Poland, then moved to Austria , he served there, there in 1945 and was arrested by our people. He received ten under Article 54-1-a of the Ukrainian Code, that is, for treason to his homeland Ukraine! - because the city of Lemberg had become by that time Ukrainian Lvov! could prove during the investigation that he did not go to Vienna with the aim of changing Ukraine! So he wasted himself to become a traitor).

Another important extension of the treason clause was its application "through Article 19 of the Criminal Code" - "through intention." That is, there was no treason, but the investigator saw an intention to change - and that was enough to give a full term, as well as for actual treason. True, Article 19 proposes to punish not for intention, but for preparation, but with dialectical reading, one can also understand intention as preparation.

And "the preparation of the punishable in the same way (ie, equal punishment), like the crime itself" (CC). In general, we do not distinguish intention from the crime itself, and this is the superiority of Soviet legislation over the bourgeois!

The second point speaks of an armed uprising, the seizure of power in the center and in the localities, and in particular in order to forcibly sever any part of the Union of Republics. For this - up to the execution (as in EVERY next paragraph).

Expansively (as it would be impossible to write in an article, but as the revolutionary legal consciousness suggests): this includes any attempt to exercise the right of any republic to secede from the Union. After all, "violently" is not said in relation to whom. Even if the entire population of the republic wanted to secede, and Moscow would not want this, secession will already be violent. So, all Estonian, Latvian, Lithuanian, Ukrainian and Turkestan nationalists easily received their ten and twenty-five on this point.

The third point is "contributing in any way to a foreign state that is at war with the USSR." This paragraph made it possible to condemn ANY citizen who was under occupation, whether he hammered the heel to a German soldier, sold a bunch of radishes, or a citizen who increased the morale of the occupier by dancing with him and spending the night. Not everyone was convicted on this point (due to the abundance of the occupied), but everyone COULD be convicted.

The fourth point was about the (fantastic) assistance provided to the international bourgeoisie. It would seem: who can relate to this? But, reading widely with the help of a revolutionary conscience, they easily found a category: all emigrants who left the country before 1920, that is, several years before the writing of this code itself, and overtaken by our troops in Europe a quarter century later (1944-1945. ), received 58-4: ten years or execution. For what were they doing abroad if they did not contribute to the world bourgeoisie? (By the example of the musical society, we have already seen that it was possible to contribute from within the USSR.) All the Socialist-Revolutionaries, all the Mensheviks (for them the article was conceived), and then the engineers of the State Planning Committee and the Supreme Council of National Economy, also contributed to it.

Fifth point: persuading a foreign state to declare war on the USSR. Lost occasion: to extend this clause to Stalin and his diplomatic and military entourage in 1940-41. Their blindness and madness led to this. Who, if not them, plunged Russia into shameful unprecedented defeats, incomparable with the defeats of Tsarist Russia in 1904 or 1915? defeat, which Russia has not known since the XIII century?

The sixth point - espionage was read so widely that if we counted all those convicted of it, it would be possible to conclude that our people did not support the life of our people in Stalin's time either by agriculture, or by industry, or by anything else, but only by foreign espionage. and lived on intelligence money. Espionage was something very convenient in its simplicity, understandable to an undeveloped criminal and a learned lawyer and a newspaperman, and public opinion.

The breadth of reading was still here in that they were not condemned directly for espionage, but for PSh - suspicion of espionage (or - NSh - Unproven Espionage, and for him the whole coil!) And even for SVPSh - connections leading ( !) to suspicion of espionage. That is, for example, an acquaintance of a friend of your wife's was sewing a dress from the same dressmaker (of course, an employee of the NKVD) as the wife of a foreign diplomat. And these 58-6, PSh and SVPSh were sticky points, they demanded strict maintenance, vigilant observation (after all, intelligence can stretch tentacles to its pet and into the camp) and prohibited unconvoy.

In general, all sorts of literary articles, that is, not articles at all, but these frightening combinations of large letters (we will meet others in this chapter) constantly carried a raid of mystery, it was always unclear whether they were processes of the 58th article or something independent and very dangerous. Prisoners with letter articles in many camps were oppressed even in comparison with the 58th.

Seventh point: undermining industry, transport, trade, money circulation and cooperation. In the 30s, this point went into effect and captured the masses under the simplified and understandable name of sabotage. Indeed, everything listed in Clause Seven was clearly and clearly undermined every day - and there should have been those responsible? .. For centuries people have been building and always honestly, even for a bar. No sabotage was heard from the Ruriks themselves. And when for the first time the property became popular, hundreds of thousands of the best sons of the people inexplicably rushed to harm. (The clause did not provide for sabotage, but since without it it was impossible to reasonably explain why the fields are overgrown with weeds, the harvests are falling, the machines break down, the dialectical instinct introduced him too.)

The eighth point is terror (not the kind of terror that the Soviet Criminal Code was supposed to "justify and legalize", but terror from below). Terror was understood very, very broadly: it was not considered terror to plant bombs under the carriages of governors, but, for example, to stuff the face of your personal enemy, if he was a party, Komsomol or police activist, it already meant terror. Moreover, the murder of an activist was never equated with the murder of an ordinary person (as it was, however, even in the Hammurabi code in the 18th century BC). If a husband killed his wife's lover and he turned out to be non-partisan, it was the husband's happiness, he received article 136, was a household worker, socially close and could be unconvoy.

If the lover turned out to be a party man, the husband became an enemy of the people from 58-8. An even more important expansion of the concept was achieved by applying the 8th paragraph through the same article 19, that is, through preparation in the sense of intention. Not only a direct threat near the pub "Well, wait a minute!", Addressed to the activist, but also the remark of an impetuous bazaar woman, "Oh, let him get out!" qualified as TN - terrorist intentions, and gave grounds for the application of the entire severity of the article.

The ninth point is destruction or damage ... by an explosion or arson (and certainly with a counter-revolutionary goal), abbreviated as sabotage. The expansion was that the counter-revolutionary goal was attributed (the investigator knew better what was being done in the mind of the criminal!), And any human oversight, mistake, failure in work, in production was not forgiven, was considered as a diversion.

But no paragraph of Article 58 was interpreted so broadly and with such a burning revolutionary conscience as the Tenth. Its sound was: "Propaganda or agitation containing a call to overthrow, undermine or weaken Soviet power ... as well as the distribution or production or storage of literature of the same content." And in peacetime this point was stipulated only by the lower limit of punishment (not lower! Not too softly!) The upper one was NOT LIMITED! Such was the fearlessness of a great Power before the WORD of a subject. Famous extensions to this famous clause were: - "Calling agitation" could mean friendly (or even spousal) one-to-one conversation, or private letter; but the appeal could be personal advice. (We conclude "could, could be" from the fact that IT HAS BEEN SO) - any thought that did not coincide or did not rise in intensity to the thoughts of today's newspaper was "undermining and weakening" of power. After all, it weakens everything, that which does not strengthen! After all, everything that does not completely coincide undermines! "And the one who sings not with us today is against us!" (Mayakovsky) - by "making literature" was meant anything written in a single copy of a letter, note, intimate diary. Expanded so happily - what THOUGHT, conceived, spoken, or written down, was not covered by the Tenth Point?

Point eleven was of a special kind: it did not have an independent content, but was an aggravating addition to any of the previous ones, if the act was being prepared organizationally or the criminals joined the organization. In fact, the item was expanded in such a way that no organization was required. I experienced this graceful application of the point myself. There were two of us, secretly exchanging thoughts - that is, the beginnings of an organization, that is, an organization!

Clause twelfth most concerned the conscience of citizens: it was a clause on non-reporting in any of the listed acts. And for a grave sin of failure to report the PUNISHMENT HAS NO UPPER BORDER !! This item was already such an expansive expansion that it did not require further expansion. KNEW AND DIDN'T SAY - no matter what he did!

Point thirteen, apparently exhausted long ago, was: service in the tsarist secret police. (A similar later service, by contrast, was considered patriotic valor.)

Paragraph fourteen punished "deliberate failure to perform certain duties or deliberately negligent performance" - punished, of course, up to execution. Briefly it was called "sabotage" or "economic counter-revolution", and only an investigator could separate the intentional from the unintentional, relying on his revolutionary sense of justice.

This clause applied to peasants who did not hand over supplies. This clause was applied to collective farmers who did not collect the required number of workdays. To prisoners who do not work out the norm. And after the war they began to ricochet this point to the Blatars for escaping from the camp, that is, they broadly perceived in the escape of the thieves not an impulse to sweet will, but undermining the camp system. This was the last of the knuckles of the fan of Article 58 - the fan that covered all of human existence. Having made this review of the great ARTICLE, we will be less surprised further. Where there is law, there is crime. "

In the landing of rank-and-file members of the party there was apparently a secret motive that was not mentioned anywhere in the protocols and sentences: mainly to arrest party members with experience until 1924. This was carried out especially decisively in Leningrad, because it was all of them who signed the "platform" of the New Opposition. (How could they not sign? How could they not "trust" their Leningrad sponge committee?) And that's how it happened, a picture of those years.

A district party conference is underway (in the Moscow region). It is led by the new secretary of the district committee instead of the recently planted one. At the end of the conference, an appeal of devotion to Comrade Stalin is adopted. Of course, everyone gets up (just as during the conference, everyone jumped up at every mention of his name). In the small hall "thunderous applause, turning into a standing ovation" is gushing. Three minutes, four minutes, five minutes they are still stormy and still turning into a standing ovation. But palms are already hurting. But the raised hands were already numb. But the elderly are already suffocating. But this already becomes intolerably stupid even for those who sincerely adore Stalin. However: who is the first to dare to stop? This could be done by the secretary of the district committee, standing on the podium and having just read this very appeal. But he is recent, he is instead of the planted one, he is afraid himself! After all, here, in the hall, the NKVEDists are standing and applauding, they are watching who leaves first! .. And the applause in the unknown small hall, unknown to the leader, lasts 6 minutes! 7 minutes! 8 minutes! .. They died! They are gone! They can't stop until they fall with their hearts torn! Even in the depths of the hall, in cramped quarters, one can cheat at least a little, hit less often, not so hard, not so violently - but in the presidium, in plain sight ?!

The director of a local paper mill, an independent strong man, stands on the presidium, and realizing all the falsity, all the hopelessness of the situation, he applauds! - 9th minute! 10th! He looks longingly at the secretary of the district committee, but he does not dare to quit. Madness! Endemic! Looking around at each other with faint hope, but depicting delight on their faces, the district leaders will applaud until they fall, until they are carried out on a stretcher! And even then the rest will not flinch! .. And the director of the paper mill at the 11th minute assumes a businesslike air and sits down on the seat in the presidium. And - oh, miracle! - where did the general unrestrained indescribable enthusiasm go? All at once stop on the same cotton and sit down too. They are saved! The squirrel guessed to jump out of the wheel! .. However, this is how independent people are recognized. This is how they are seized. On the same night, the director of the factory was arrested. He has been easily shaken for a completely different reason for ten years. But after signing the 206th (final investigation protocol), the investigator reminds him: - And never stop applauding first! (But what about? And how can we stop? ..).

This is Darwin selection. This is what is exhausting stupidity. But today a new myth is being created. Any printed story, any printed mention of 1937 is certainly a story about the tragedy of the communist leaders. And now we were assured, and we involuntarily succumb that the 37th - 38th prison year consisted of the imprisonment of the big communists - and as if there was no one else. But from the young people taken then, they could not make more than 10 percent of the prominent party and state ranks. Even in the Leningrad queues with programs, most of all there were ordinary women, like milkmaids. "

The composition of those captured in that powerful stream and carried half-dead to the Archipelago is so colorful and bizarre that it would take a long time to puzzle over who would want to scientifically isolate patterns. (Moreover, they were not clear to contemporaries). And the true landing law of those years was - a given number, discrepancies, allocations. Each city, district, each military unit received a check figure and had to fulfill it on time. Everything else is from the skill of the operatives. Former Chekist Alexander Kalganov recalls how a telegram came to Tashkent: "Send two hundred!" And they just raked it out and as if there was "no one" to take. Well, the truth is, they brought me from the districts of about fifty. Idea! Household workers taken by the police - to retrain in the 58th! No sooner said than done. But there is still no check digit! Police report: what to do? in one of the city squares the Gypsies brazenly set up a camp. Idea! They surrounded - and all the men from seventeen to sixty were raked as Fifty-Eighth! And they fulfilled the plan! "