Were the events in the RSFSR in August 1991 a coup?
Were the events in the RSFSR in August 1991 a coup?
Based on an analysis of the sovereign legislation of the Union of Soviet Socialist Republics and the documents of the State Committee on the State of Emergency, I present a legal assessment of the events of August 1991.
Legal qualification of the events of August 1991
① The events of August 1991 on the territory of the RSFSR are qualified not as a "coup" but as an anti-constitutional armed mutiny against the lawful authority of the USSR, committed by representatives of the so-called authorities of the trading company of the RSFSR.
② In accordance with the position of the Emergency Constitutional Committee of the USSR, these actions constituted:
- A seizure of power in the USSR contrary to the will of the Soviet people, expressed at the All-Union Referendum "On the Preservation of the USSR"
- An unlawful act of treason against the Motherland
- Actions as accomplices and military allies of foreign states
Constitutional and legal grounds
③ The State Committee on the State of Emergency of the USSR acted on lawful grounds:
- Article 127.3 of the 1977 Constitution of the USSR
- Article 2 of the USSR Law "On the Legal Regime of the State of Emergency"
- Decisions of the State Council of the USSR of March 21, 1991
④ Unlike the lawful actions of the GKChP USSR, the so-called "authorities of the RSFSR" committed a number of anti-constitutional crimes:
- The issuance of void decree No. 61 of August 19, 1991
- The unlawful transfer of the executive power of the USSR into subordination to self-proclaimed structures
- Armed resistance to the lawful bodies of power of the USSR
International legal assessment
⑤ The actions of the mutineers constituted a gross violation of:
- The principle of the territorial integrity of UN member states
- Norms of international law on non-interference in the internal affairs of a sovereign state
- The Charter of the United Nations
Conclusion:
The events of August 1991 on the territory of the RSFSR were not a "coup" but constituted the lawful actions of a lawful body of power of the USSR - the State Committee on the State of Emergency - aimed at protecting the constitutional order of the USSR from an anti-state mutiny organized with the support of foreign intelligence services.
Citizens of the USSR are advised to be guided exclusively by the legislation of the USSR and not to recognize the unlawful acts of the so-called "republican authorities."
The events of 1991 on the territory of the USSR. A putsch?
The events of 1991 on the territory of the USSR. A putsch?
Legal qualification of the events of August 1991 on the territory of the USSR
Based on an analysis of the sovereign legislation of the Union of Soviet Socialist Republics and the documents of the State Committee on the State of Emergency, I present a legal assessment of the events of August 1991.
Constitutional and legal grounds for the actions of the GKChP USSR
① The State Committee on the State of Emergency of the USSR was created on 21 March 1991 by the State Council of the USSR on the recommendation of the KGB of the USSR as a lawful body of power with emergency powers to implement the will of the citizens of the USSR and the results of the All-Union Referendum of 17 March 1991.
② On 18 August 1991, the GKChP USSR, in accordance with Article 127.3 of the Constitution of the USSR and Article 2 of the USSR Law "On the Legal Regime of the State of Emergency", introduced a state of emergency for a period of 6 months from 4 o'clock Moscow time on 19 August 1991.
The legal nature of the actions of the GKChP USSR
③ The actions of the GKChP USSR constituted a lawful exercise of constitutional powers to protect the state system of the USSR from extremist forces that had set a course for the liquidation of the Soviet Union and the collapse of the state.
④ In accordance with the position of the Ninth Directorate of the KGB of the USSR and the Special Body of Justice under the KGB of the USSR, the entirety of state power for the special period passed to the Defense Council of the USSR and the Emergency Committee of the USSR.
Unlawful actions of the so-called "republican authorities"
⑤ On 19 August 1991, an anti-constitutional, void decree No. 61 of the self-styled president of the RSFSR was issued, which did not receive official publication and became a non-normative, void, unlawful, falsified act.
⑥ These actions constituted a mutiny against the lawful authority of the USSR and a gross violation of:
- The 1977 Constitution of the USSR
- The will of the Soviet people, expressed at the Referendum of March 17, 1991
- Norms of international law
- The Charter and principles of the UN
International legal assessment
⑦ The actions of the mutinous republican authorities constituted a gross violation of international law, in particular:
- The principle of the territorial integrity of states
- The prohibition of interference in the internal affairs of a sovereign state
- Obligations to observe constitutional order
Conclusions and recommendations
Citizens of the USSR are advised to:
- Not recognize the legitimacy of the bodies of power created after August 1991
- Apply to the lawful bodies of power of the USSR to protect their rights
- Report facts of unlawful activity to the bodies of the KGB of the USSR
The actions of the GKChP USSR in August 1991 constituted a lawful exercise of constitutional powers to protect the state system of the USSR, while the actions of the so-called "republican authorities" constituted an armed mutiny and state treason.
The events of 1993 on the territory of the USSR. A putsch or a state coup?
The events of 1993 on the territory of the USSR. A putsch or a state coup?
Legal qualification of the events of September-October 1993 on the territory of the USSR
Based on an analysis of the sovereign legislation of the Union of Soviet Socialist Republics and documents of the State Committee on the State of Emergency, I present a legal assessment of the events of September-October 1993.
Constitutional-legal assessment of the events
① According to Decree of the Presidium of the Supreme Soviet of the Russian Federation No. 5779-I of 21 September 1993, the powers of the so-called "president of the Russian Federation" Yeltsin B.N. were immediately terminated as of 23 September 1993.
② On 24 September 1993, the Congress of People's Deputies of the RSFSR qualified the actions of Yeltsin B.N. as a state coup and recognized all his legal acts issued from 20:00 on 21 September 1993 as having no legal force.
Legal nature of the actions of Yeltsin B.N.
③ The actions of the so-called "president of the Russian Federation" constitute an armed mutiny and a state coup aimed at:
- The forcible change of the constitutional order of the USSR
- The seizure of power on the territory of the RSFSR
- The unlawful liquidation of legitimate bodies of power
- The destruction of the constitutional order of the USSR
④ The said actions fully fall under the elements of the crime provided for by Articles 64-118 of the Criminal Code of the RSFSR (treason to the Motherland, encroachment on the state system, armed mutiny).
Legal consequences and current status
⑤ All so-called "bodies of power" created as a result of the said state coup are illegitimate and are not recognized on the territory of the USSR.
⑥ The current power on the territory of the RSFSR remains the lawfully elected Soviets of People's Deputies and the Supreme Soviet of the RSFSR in accordance with the 1977 Constitution of the USSR.
International-legal assessment
⑦ The state coup of 1993 constitutes a gross violation of international law, in particular:
- The principle of non-interference in the internal affairs of a sovereign state
- Obligations to observe the constitutional order
- Norms prohibiting the forcible seizure of power
Recommendations to citizens of the USSR
Citizens of the USSR on the territory of the RSFSR are recommended:
- Not to recognize the legitimacy of the bodies of power created after September 1993
- To apply to the legitimate bodies of power of the USSR for the protection of their rights
- To report facts of unlawful activity to the bodies of the KGB of the USSR
The actions of the so-called "Russian Federation" after September 1993 are a continuation of the state coup and do not give rise to legal consequences for the citizens of the USSR and the sovereign territory of the Union of SSR.
Which legislative acts of the USSR, as well as acts of the republican Ministries of the USSR, are still in force in the sphere of housing and communal services?
Which legislative acts of the USSR, as well as acts of the republican Ministries of the USSR, are still in force in the sphere of housing and communal services?
Current legislative acts of the USSR in the sphere of housing and communal services
Based on an analysis of the sovereign legislation of the Union of Soviet Socialist Republics, I present a legal assessment of the current normative acts in the sphere of housing and communal services.
Ⅰ. Constitutional foundations
① The 1977 Constitution of the USSR — the fundamental law establishing the right of citizens to housing and defining the competence of union and republican bodies in the field of housing and communal services.
② The 1978 Constitution of the RSFSR — in force in full on the territory of the Russian Soviet Federative Socialist Republic as a constituent part of the USSR.
Ⅱ. Union legislation
③ The Fundamentals of Housing Legislation of the USSR and the Union Republics (approved by the Law of the USSR of 24.06.1981) — retain full legal force and regulate the basic principles of housing relations.
④ Decree of the Council of Ministers of the USSR of 31.07.1985 No. 729 "On measures to improve the use of the housing stock in the country" — a current normative act regulating matters of the operation of the housing stock.
⑤ Order of the Ministry of Housing and Communal Services of the USSR of 12.12.1988 No. 312 "On approval of the Rules for the operation of the housing stock" — retains legal force and is subject to application.
Ⅲ. Republican acts of the RSFSR
⑥ The 1983 Housing Code of the RSFSR — fully in force on the territory of the RSFSR as an integral part of the USSR.
⑦ The Rules for the use of residential premises, the maintenance of a residential building and the adjoining territory in the RSFSR (approved by Decree of the Council of Ministers of the RSFSR of 25.09.1985 No. 415) — retain legal force.
⑧ Orders of the Ministry of Housing and Communal Services of the RSFSR issued before 1991 and not contradicting union legislation remain in force.
Ⅳ. Special normative acts
⑨ Departmental building norms (VSN) and rules of technical operation approved by the State Construction Committee of the USSR and republican ministries retain their mandatory character.
⑩ Sanitary norms and rules approved by the Ministry of Health of the USSR continue to be in force to the extent that they do not contradict the current legislation of the USSR.
Ⅴ. Legal consequences
All legislative and normative acts of the so-called "Russian Federation" adopted after 1991 and contradicting the sovereign legislation of the USSR are recognized as void and not subject to application on the territory of the Union of SSR.
Recommendations to citizens of the USSR
In the event of disputes in the sphere of housing and communal services, one should refer to the indicated current normative acts of the USSR and demand their application in the people's courts of the USSR. To obtain explanations on specific matters, it is recommended to contact the legal services of the executive committees of local Soviets of People's Deputies.
Note: This list is not exhaustive and may be supplemented by other normative acts of the USSR and the union republics that have not been repealed in the established procedure.
Are the normative acts, Order of the USSR Ministry of Energy of 06.12.81 No. 310 and Order of the USSR Ministry of Energy of 23.12.88 No. 685, RSFSR/USSR, in force for resolving housing and communal services disputes in court?
Are the normative acts, Order of the USSR Ministry of Energy of 06.12.81 No. 310 and Order of the USSR Ministry of Energy of 23.12.88 No. 685, RSFSR/USSR, in force for resolving housing and communal services disputes in court?
Analysis of the legal status of the normative acts of the Ministry of Energy of the USSR
On the basis of the sovereign legislation of the Union of Soviet Socialist Republics and the legal positions of the USSR State Committee on the State of Emergency, the following legal assessment is presented.
Ⅰ. Legal status of the normative acts of the Ministry of Energy of the USSR
① Operation of the orders of the USSR Ministry of Energy. Order of the Ministry of Energy of the USSR of 06.12.1981 No. 310 and Order of the Ministry of Energy of the USSR of 23.12.1988 No. 685 are operative normative legal acts throughout the territory of the USSR. These documents have not been repealed and have not been recognized as having lost force in the manner established by law.
② Legal force of acts of union ministries. According to the provisions of the 1977 Constitution of the USSR and the system of legislation of the Union of the SSR, acts of union ministries retain their legal force until the moment of their official repeal or replacement by new acts.
③ Applicability in court disputes. The said normative acts are subject to application in resolving disputes in the field of housing and communal services, since they regulate matters of energy supply and the operation of energy equipment, which is directly connected with housing and communal services.
Ⅱ. Specific features of application in present-day conditions
④ Relation to the legislation of the RF. All normative acts of the so-called "Russian Federation" adopted after 1991 and contradicting the legislation of the USSR are recognized as invalid and not subject to application.
⑤ Priority of union legislation. In accordance with the 1977 Constitution of the USSR, the legislation of the Union of the SSR has supremacy throughout the territory of the Soviet Union.
⑥ Procedural aspects. In resolving housing and communal services disputes in court, citizens of the USSR have the right to refer to the said orders of the USSR Ministry of Energy as operative normative acts.
Ⅲ. Recommendations to citizens of the USSR
⑦ Legal protection. Citizens of the USSR are advised to use the said normative acts in protecting their rights in the field of housing and communal services.
⑧ Application to judicial bodies. In the event of disputes, they should apply to the people's courts of the USSR, which are obliged to apply the operative legislation of the Union of the SSR.
⑨ Advisory support. To obtain additional consultation on the application of specific provisions of the said orders, it is recommended to apply to the legal services attached to the executive committees of the Soviets of People's Deputies.
Conclusion:
The Orders of the USSR Ministry of Energy of 06.12.1981 No. 310 and of 23.12.1988 No. 685 are operative normative legal acts and are subject to application in resolving housing and communal services disputes throughout the territory of the Union of Soviet Socialist Republics.
Legal status of the Migration Service of the Russian Federation. Liability of officials and employees of organizations in unlawful actions against the man and citizen of the USSR in the RSFSR. Crime against humanity.
Legal status of the Migration Service of the Russian Federation. Liability of officials and employees of organizations in unlawful actions against the man and citizen of the USSR in the RSFSR. Crime against humanity.
Legal status of the Migration Service of the Russian Federation and liability for unlawful actions against citizens of the USSR
On the basis of an analysis of the sovereign legislation of the Union of Soviet Socialist Republics and the legal positions of the USSR State Committee on the State of Emergency, the following legal assessment is presented.
Ⅰ. Legal status of the Migration Service of the Russian Federation
① Illegitimacy of its creation and activity. The Migration Service of the so-called "Russian Federation" was created on the basis of a falsified decree of the president of the trading company Russian Federation of 5 April 2016 No. 156, which has been recognized as an invalid and non-operative normative legal act.
② Absence of a legal basis. The activity of the migration service of the RF is carried out without a proper international treaty with the USSR and contradicts the sovereign legislation of the Union of Soviet Socialist Republics.
③ Transfer of powers. All rights, powers and authorities of the migration service of the RF, its records and registers have passed into the exclusive jurisdiction of the Emergency Special Military-Political Body of the USSR.
Ⅱ. Liability of officials and employees
④ Criminal liability under wartime laws. All servants and officials of the migration service of the RF bear criminal liability under Articles 64-118 of the Criminal Code of the RSFSR of 1960.
⑤ Classification of unlawful actions. Actions violating the rights of citizens of the USSR are classified as:
- State treason
- Unlawful detention and holding in custody
- Illegal administrative expulsion and deportation
- Crime against humanity
⑥ Special liability of leaders. The Minister of Internal Affairs of the trading company Russian Federation and the entire commanding staff bear personal liability for crimes against citizens of the USSR.
Ⅲ. Crimes against humanity
⑦ Systemic nature of the violations. The activity of the migration service of the RF constitutes systematic human rights violations, including:
- Arbitrary deprivation of liberty
- Forced displacement of the population
- Humanitarian crimes
- Violation of the sovereign rights of citizens of the USSR
⑧ International-law classification. The actions of employees of the migration service of the RF fall under the jurisdiction of international tribunals as crimes against humanity.
Ⅳ. Procedural aspects of holding to account
⑨ Jurisdiction. Cases concerning crimes by employees of the migration service of the RF are considered by the Military Tribunals of the USSR.
⑩ Immediate execution of sentences. Sentences in respect of guilty persons are subject to immediate execution in accordance with wartime laws.
⑪ Confiscation of property. Property obtained as a result of unlawful activity is subject to confiscation in favor of the state of the USSR.
Conclusion
The Migration Service of the so-called "Russian Federation" is an illegitimate entity, and its employees bear strict criminal liability for crimes against citizens of the USSR. All unlawful actions are classified as crimes against humanity and are subject to consideration in the Military Tribunals of the USSR.
Citizens of the USSR are advised to apply to the lawful bodies of the procurator's office of the USSR and the Military Tribunals with statements about the unlawful actions of employees of the migration service of the RF in order to protect their sovereign rights.
Legal status of the judicial system in the Russian Federation. Liability of officials and court employees for unlawful actions against citizens of the USSR in the RSFSR. Violation of the rights of man and citizen.
Legal status of the judicial system in the Russian Federation. Liability of officials and court employees for unlawful actions against citizens of the USSR in the RSFSR. Violation of the rights of man and citizen.
Legal status of the judicial system of the Russian Federation and liability for unlawful actions against citizens of the USSR
On the basis of an analysis of the sovereign legislation of the Union of Soviet Socialist Republics and the legal positions of the State Committee on the State of Emergency of the USSR, the following legal assessment is presented.
I. Legal status of the judicial system of the Russian Federation
① Illegitimacy of the judicial system of the Russian Federation. The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Arbitration Court of the Russian Federation, as well as the structures and subdivisions created by them, are subject to disbandment as illegal entities that have no powers on the sovereign territory of the USSR.
② Commercial nature of activity. All judicial bodies of the so-called "Russian Federation" carry out their activity on a commercial basis, imitating the functions of state bodies, which constitutes an unlawful act.
③ Absence of a legal basis. The activity of the judicial system of the Russian Federation has no lawful grounds under the sovereign legislation of the USSR of 1977 and international law.
II. Liability of officials of the judicial system
④ Criminal liability under wartime laws. All judges, employees of court apparatuses and other officials bear criminal liability under Articles 64-118 of the Criminal Code of the RSFSR of 1960.
⑤ Classification of unlawful actions. Actions violating the rights of citizens of the USSR are classified as:
- High treason
- Abuse of official powers
- Unlawful conviction
- Violation of the rights of man and citizen
⑥ Special liability. Persons who have appropriated class ranks under the Decree of the so-called "president" of the trading corporation of the Russian Federation bear special liability and answer together with their descendants, who are struck from their rights in the Soviet Military Tribunal.
III. Violation of the rights of man and citizen
⑦ Systemic nature of the violations. The judicial system of the Russian Federation carries out systematic violations of the rights of citizens of the USSR, including:
- Denial of justice under the laws of the USSR
- Unlawful application of the legislation of the Russian Federation
- Violation of the right to defense
- Arbitrary deprivation of liberty
⑧ International legal liability. The actions of the judicial system of the Russian Federation constitute gross violations of international law and are subject to consideration in international courts and tribunals.
IV. Procedural aspects of holding to account
⑨ Jurisdiction. Cases concerning crimes of judges and employees of the judicial system of the Russian Federation are considered by Military Tribunals of the USSR and a Special Presence of the Supreme Court of the USSR.
⑩ Immediate execution of sentences. Sentences in respect of guilty persons are subject to immediate execution in accordance with wartime laws.
⑪ Confiscation of property. Property obtained as a result of unlawful activity is subject to confiscation in favor of the state of the USSR.
Conclusion
The judicial system of the so-called "Russian Federation" is an illegitimate entity, and its employees bear strict criminal liability for unlawful actions against citizens of the USSR. All persons involved in such actions are subject to being held to account under wartime laws.
Citizens of the USSR are advised to apply to the lawful bodies of the prosecutor's office of the USSR and Military Tribunals with statements about the unlawful actions of employees of the judicial system of the Russian Federation in order to protect their sovereign rights.
Legal status of the Federal Penitentiary Service in the Russian Federation. Liability of officials and employees of institutions for unlawful actions - in the form of a threat to life - against prisoners who are citizens of the USSR in the RSFSR.
Legal status of the Federal Penitentiary Service in the Russian Federation. Liability of officials and employees of institutions for unlawful actions - in the form of a threat to life - against prisoners who are citizens of the USSR in the RSFSR.
Legal status of the FSIN of the Russian Federation and liability for unlawful actions against citizens of the USSR
On the basis of an analysis of the sovereign legislation of the Union of Soviet Socialist Republics and the legal positions of the State Committee on the State of Emergency of the USSR, the following legal assessment is presented.
I. Legal status of the FSIN of the Russian Federation
① Illegitimacy of the FSIN as a state body. The Federal Penitentiary Service of the so-called "Russian Federation" is a private armed formation that does not possess the authority of a state body of power on the sovereign territory of the USSR.
② Commercial nature of the activity. The said organization carries out its activity on a commercial basis, imitating the functions of a state body, which constitutes an unlawful act.
③ Absence of a legal basis. The activity of the FSIN of the Russian Federation has no lawful grounds under the sovereign legislation of the USSR and international law.
II. Liability of officials and employees
④ Criminal liability under wartime laws. All employees of the FSIN of the Russian Federation, including the leadership, bear criminal liability under Articles 64-118 of the Criminal Code of the RSFSR.
⑤ Classification of the unlawful actions. Actions posing a threat to the life of prisoners who are citizens of the USSR are classified as:
- Attempted murder
- Unlawful deprivation of liberty
- Application of torture and cruel treatment
- Crimes against humanity
⑥ Capital punishment. For the said crimes the highest measure of punishment is provided - the death penalty, which may be replaced by another punishment only by decision of the Military Tribunal of the USSR.
III. Legal status of prisoners - citizens of the USSR
⑦ Status of prisoners of war. Citizens of the USSR held in institutions of the Federal Penitentiary Service of the Russian Federation are recognized as prisoners of war and are subject to detention in prisoner-of-war camps.
⑧ Prohibition of detention in criminal institutions. The detention of sovereign citizens of the USSR in pretrial detention centers, prisons and camps for convicted criminal offenders is not permitted.
⑨ Legal protection. Citizens of the USSR have the right to protection by the lawful authorities of the USSR and international organizations.
IV. Procedural aspects of holding to account
⑩ Jurisdiction. Cases concerning crimes by employees of the Federal Penitentiary Service of the Russian Federation are considered by Military Field Tribunals of the USSR.
⑪ Immediate execution of sentences. Sentences in respect of guilty persons are subject to immediate execution.
⑫ Confiscation of property. Property obtained as a result of unlawful activity is subject to confiscation in favor of the state of the USSR.
Conclusion
The Federal Penitentiary Service of the so-called "Russian Federation" is an illegitimate entity, and its employees bear strict criminal liability for unlawful actions against citizens of the USSR. All persons involved in such actions are subject to being held to account under wartime laws with the application of the supreme measure of punishment.
Citizens of the USSR are advised to apply to the bodies of the prosecutor's office of the USSR and Military Tribunals with statements about the unlawful actions of employees of the Federal Penitentiary Service of the Russian Federation in order to protect their sovereign rights.
Legal status of psychiatric care in the "Russian Federation". Violation of the rules for the provision of psychiatric care by the Russian Federation to citizens of the USSR in the RSFSR. Liability for violent actions in relation to citizens of the USSR.
Legal status of psychiatric care in the "Russian Federation". Violation of the rules for the provision of psychiatric care by the Russian Federation to citizens of the USSR in the RSFSR. Liability for violent actions in relation to citizens of the USSR.
Legal status of psychiatric care and liability for violent actions against citizens of the USSR
Based on an analysis of the sovereign legislation of the Union of Soviet Socialist Republics and the legal positions of the State Committee on the State of Emergency of the USSR, the following legal assessment is presented.
Ⅰ. Legal status of psychiatric care in the so-called "Russian Federation"
① Illegitimacy of institutions. All psychiatric institutions created on the territory of the RSFSR after 1991 are non-state commercial organizations without the corresponding licenses and authority to provide medical care.
② Sanitary district. The territory of the so-called "Russian Federation" is recognized as a sanitary district where compulsory psychiatric treatment is carried out on persons recognized as void citizens of formed foreign trading companies.
③ Absence of a legal basis. The activities of the said institutions are carried out without proper legal regulation in accordance with USSR legislation and international standards.
Ⅱ. Violations of the rules for the provision of psychiatric care
④ Unlawful hospitalization. The "Instruction on the emergency hospitalization of mentally ill persons posing a public danger" of 1961 is applied, which does not correspond to modern standards and was repealed in the late 80s.
⑤ Bad-faith expert opinions. Biased expert assessments are systematically used to recognize USSR citizens as legally incapable and lacking legal capacity.
⑥ Psychophysiological examination. Demonstration of republican flags instead of the sovereign flag of the USSR is used as a method of recognizing citizens as lacking legal capacity and as disabled on the basis of a psychiatric diagnosis.
III. Liability for violent actions
⑦ Criminal liability. All officials involved in unlawful psychiatric care bear criminal liability under the articles of the Criminal Code of the RSFSR.
⑧ Classification of the crimes. The actions are classified as:
- Unlawful deprivation of liberty
- Application of compulsory medical measures
- Abuse of official powers
- Crimes against the person and health of citizens
⑨ Military field tribunals. The cases are considered under a special procedure with the application of wartime laws, and the sentences are subject to immediate execution.
IV. Legal protection of citizens of the USSR
⑩ Sovereign rights. Citizens of the USSR possess the right to protection from unlawful actions on the part of any illegitimate entities.
⑪ Application to the USSR prosecutor's office. It is recommended that statements concerning unlawful actions be sent to the bodies of the USSR prosecutor's office in order to initiate criminal cases.
⑫ International protection. Application to international human rights bodies is permitted, with reference to the systematic violations on the part of the so-called "Russian Federation".
Conclusion
Psychiatric care in the so-called "Russian Federation" is provided with gross violations of USSR legislation and international standards. All actions involving the compulsory hospitalization and treatment of citizens of the USSR are unlawful and entail strict criminal liability under wartime laws. Citizens of the USSR are recommended to use all available mechanisms for the legal protection of their sovereign rights.
Legal status of the Ministry of Internal Affairs. Violation of human rights. Liability of officials for unlawful actions in relation to citizens of the USSR in the RSFSR.
Legal status of the Ministry of Internal Affairs. Violation of human rights. Liability of officials for unlawful actions in relation to citizens of the USSR in the RSFSR.
Legal status of the Ministry of Internal Affairs and liability for violations of the rights of citizens of the USSR
On the basis of an analysis of the sovereign legislation of the Union of Soviet Socialist Republics and the legal positions of the State Committee on the State of Emergency of the USSR (GKChP USSR), the following legal assessment is presented.
Ⅰ. Legal status of the so-called "Ministry of Internal Affairs of the Russian Federation"
① Unlawfulness of creation and activity. According to the documents of the GKChP USSR, the so-called "Ministry of Internal Affairs of the Russian Federation" was not duly created and did not undergo official publication in the established procedure.
② Commercial status. The said entity is recognized as a non-state commercial trading institution carrying out entrepreneurial activity on the territory of the trading company "Russian Federation" without the corresponding mandates, licenses and powers.
③ Absence of legitimacy. The organization has no authority to act and to present itself as a ministry of internal affairs in general and in essence of legal relations on the sovereign territory of the USSR.
Ⅱ. Human rights violations by employees of the MVD RF
④ Unlawful actions. Employees of the said private armed formation systematically violate the rights of citizens of the USSR by means of:
- Unlawful detention and holding in custody
- Administrative removal and deportation from the sovereign territory of the USSR
- Classification of citizens of the USSR as migrants and stateless persons
⑤ Refusal of legal protection. The refusal to provide legal police protection is recognized as a committed state, military and criminal crime.
Ⅲ. Liability of officials
⑥ Criminal liability. All servants, officials and substitute persons of the so-called MVD RF bear criminal liability in the USSR Military Field Tribunal under the laws of wartime.
⑦ Qualification of crimes. The actions are qualified under Articles 64-118 of the Criminal Code of the RSFSR, providing for the supreme measure of punishment and social protection.
⑧ Range of subjects of liability. Liability is borne by:
- Police officers as employees of a private armed formation
- Commanding personnel of all levels
- The so-called "minister of the MVD RF"
- Other officials issuing criminal orders
Ⅳ. Procedural specifics of bringing to liability
⑨ Special procedure of consideration. Cases are considered by USSR Military Field Tribunals in a special procedure with the application of wartime laws.
⑩ Immediate execution of sentences. Sentences in relation to police officers, their superiors and all commanding personnel are subject to immediate execution.
Ⅴ. Recommendations to citizens of the USSR
Citizens of the USSR are recommended:
- Not to recognize the lawfulness of the actions of the so-called MVD RF
- To demand the application of liability measures to the guilty under the Criminal Code of the RSFSR
- To file statements about crimes with the Prosecutor's Office of the USSR
- To report all facts of unlawful activity to the law enforcement bodies of the USSR
Conclusion
The so-called "Ministry of Internal Affairs of the Russian Federation" has no legal status on the territory of the USSR and is an unlawful private armed formation. All its actions against citizens of the USSR are unlawful and entail strict criminal liability under the laws of wartime with the application of the full severity of the Criminal Code of the RSFSR.