NCJ Number
55620
Journal
New England Law Review Volume: 13 Issue: 3 Dated: (WINTER 1978) Pages: 381-427
Date Published
1978
Length
47 pages
Annotation
A CONCISE SURVEY IS GIVEN OF SOVIET MILITARY LAW WITH EMPHASIS ON THE DISCIPLINARY CODE OF 1975, THE DERIVATIVE LAW OF THE REPUBLICS, AND THE SOVIET CONSTITUTION OF 1977; COMPARISONS ARE MADE WITH U.S. PRACTICES.
Abstract
LITTLE HAS BEEN WRITTEN ABOUT SOVIET MILITARY LAW EITHER WITHIN OR WITHOUT THE UNION OF SOVIET SOCIALIST REPUBLICS BECAUSE THE RUSSIANS CONSIDER ALL MATTERS CONNECTED WITH THE MILITARY TO BE SECRET. HOWEVER, THE IMPACT OF MILITARY LAW EXTENDS FAR BEYOND THOSE ACTUALLY IN MILITARY SERVICE. UNLIKE THE UNITED STATES, WHICH GIVES MILITARY COURTS POWER TO HANDLE CASES ONLY IF THERE IS A SERVICE CONNECTION WITH THE CRIME COMMITTED, RUSSIA EMPOWERS MILITARY COURTS TO HANDLE A WIDE RANGE OF MATTERS AFFECTING CIVILIANS. IN FACT, VIRTUALLY ANY SOVIET CITIZEN MAY BE TRIED BY A MILITARY COURT IF HE OR SHE ACTS AS AN ACCOMPLICE IN COMMITTING A MILITARY CRIME. CONSISTENT WITH JUDICIAL PHILOSOPHY IN THE CIVILIAN SPHERE, THE MILITARY MAKES GREAT USE OF NONJUDICAL AUTHORITY. COMMANDERS EXERCISE GREAT POWER IN DISPENSING PUNISHMENTS. DEVIATIONS FROM REGULATIONS ARE HANDLED SWIFTLY BY PEER PRESSURE, PUBLIC CENSURE, OR DISCIPLINARY MEASURES. FOR CRIMES, THERE ARE SPECIFIED PENALTIES WHICH MAY BE HANDED OUT BY SUPERIORS IN MINOR CASES. IN MAJOR CASES A TRIBUNAL ORGANIZED ALONG CIVILIAN LINES (A THREE-PERSON PANEL CONSISTING OF A JUDGE AND TWO LAY PERSONS) IS USED. THE PROCEDURAL DETAILS ARE SPELLED OUT. SOVIET MILITARY JUSTICE IS MUCH LIKE MILITARY JUSTICE IN OTHER COUNTRIES AROUND THE WORLD. DUE PROCESS SAFEGUARDS ARE SPELLED INTO THE SYSTEM, BUT, LIKE MANY MILITARY SYSTEMS, THERE ARE MANY OPPORTUNITIES FOR CAPRICIOUS DECISION. THE 251 FOOTNOTES CONTAIN NUMEROUS REFERENCES. (GLR)