The ideas of E.B. Pashukanis and their influence on prosecutorial supervision in the USSR in the 1920s.

The subject of the research is the influence of the legal ideas of the Soviet theorist E.B. Pashukanis on prosecutor supervision in the USSR. E.B. Pashukanis developed the exchange theory of law within the framework of a sociological concept. E.B. Pashukanis and other Soviet revolutionary legal scholars considered law to be an element of bourgeois society and the state. According to E.B. Pashukanis, law and the state in the bourgeois conception were supposed to wither away in connection with the transition to a communist society. The prosecutor's office, as a supervisory body, is an integral part of the state apparatus, and its existence contradicts the concept of the withering away of the state and law. E.B. Pashukanis actively participated in the theoretical development of norms of substantive and procedural law, based on which the Soviet prosecutor's office operated. In his view, law arises from the exchange relationships of property owners. The dictatorship of the proletariat, in making administrative decisions, is primarily guided not by law, but by the principle of expediency to achieve set goals. Law practically does not exist in the Soviet state, as a socialist model of the economy is constructed, in which commodity exchange is regulated by the state. The article employs a historical-legal method. The views on law of representatives of revolutionary and state-oriented perspectives on law have been analyzed. Based on the analysis, a conclusion has been made about the influence of E.B. Pashukanis' ideas on prosecutor supervision during the studied period. The novelty of the research lies in the examination of the impact of the theorist E.B. Pashukanis' views on the main directions of prosecutor supervision. E.B. Pashukanis was at the origin of the organization of prosecutor supervision over the implementation of laws during socialist construction. He believed that the economic model of the state could be transformed from bourgeois to socialist through political will. Since, in the state of the dictatorship of the proletariat, law is replaced by expediency, the prosecutor's office could become a tool for the realization of political will. Therefore, law could very well change through departmental norm-setting to adapt to the current political situation. In conditions where the state acts as a monopolist of commodity-money relations, law, which is the regulator in a bourgeois economy, withers away as a bourgeois category.

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Publication Details

Journal
Право и политика
Published
2025-12-01
DOI
https://doi.org/10.7256/2454-0706.2025.12.76855
Primary Topic
Digital Transformation in Law
Type
article
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article

The ideas of E.B. Pashukanis and their influence on prosecutorial supervision in the USSR in the 1920s.

Nyurgun Ivanovich Sivtsev
Право и политика
Digital Transformation in Law
article

The ideas of E.B. Pashukanis and their influence on prosecutorial supervision in the USSR in the 1920s.

Nyurgun Ivanovich Sivtsev
article en

Abstract

The subject of the research is the influence of the legal ideas of the Soviet theorist E.B. Pashukanis on prosecutor supervision in the USSR. E.B. Pashukanis developed the exchange theory of law within the framework of a sociological concept. E.B. Pashukanis and other Soviet revolutionary legal scholars considered law to be an element of bourgeois society and the state. According to E.B. Pashukanis, law and the state in the bourgeois conception were supposed to wither away in connection with the transition to a communist society. The prosecutor's office, as a supervisory body, is an integral part of the state apparatus, and its existence contradicts the concept of the withering away of the state and law. E.B. Pashukanis actively participated in the theoretical development of norms of substantive and procedural law, based on which the Soviet prosecutor's office operated. In his view, law arises from the exchange relationships of property owners. The dictatorship of the proletariat, in making administrative decisions, is primarily guided not by law, but by the principle of expediency to achieve set goals. Law practically does not exist in the Soviet state, as a socialist model of the economy is constructed, in which commodity exchange is regulated by the state. The article employs a historical-legal method. The views on law of representatives of revolutionary and state-oriented perspectives on law have been analyzed. Based on the analysis, a conclusion has been made about the influence of E.B. Pashukanis' ideas on prosecutor supervision during the studied period. The novelty of the research lies in the examination of the impact of the theorist E.B. Pashukanis' views on the main directions of prosecutor supervision. E.B. Pashukanis was at the origin of the organization of prosecutor supervision over the implementation of laws during socialist construction. He believed that the economic model of the state could be transformed from bourgeois to socialist through political will. Since, in the state of the dictatorship of the proletariat, law is replaced by expediency, the prosecutor's office could become a tool for the realization of political will. Therefore, law could very well change through departmental norm-setting to adapt to the current political situation. In conditions where the state acts as a monopolist of commodity-money relations, law, which is the regulator in a bourgeois economy, withers away as a bourgeois category.

Право и политика(12)
Peace, Justice and strong institutions
Openalex Percentile: Top 23%
Digital Transformation in Law
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