Legal and organizational principles of activity of the High Military and Staff Courts during the Directory period

Abstract

The article examines the legal and organizational foundations of the activities of the High Military and Staff Courts during the Directory period. On the basis of archival materials, the legislation in force at that time was analyzed.
 It is noted that in view of current events, the study of historical experience is quite relevant, because in connection with the significant increase of quantity of personal of the armed forces, caused by the needs of the time, the question of the restoration of military justice, in particular military courts, arises. It is emphasized that according to the order of the Minister of Military Affairs, on the basis of the legislation in force at that time, the establishment of the High Military and Staff Courts was foreseen. However, the sphere of competence between them was not clearly demarcated.
 Emergency military courts also operated. Judgments, decrees and resolutions of the Extraordinary Court, which became legally binding, could be reviewed by the Supreme Military Court.
 If one person committed several crimes, some of which were subject to the staff court, and others to the Supreme Military Court, then the case in such a case was subject to consideration by the Supreme Military Court. Sometimes the corresponding measure of punishment could be replaced by another, with a postponement of its execution until the end of the war.
 It is noted that in the case of committing such serious crimes as murder, robbery, as well as in the case of committing particularly dangerous crimes against the state, the cases in the High Military Courts were subject to a simplified procedure. If, in the opinion of the prosecutor, it was inappropriate to consider the case according to the simplified procedure, he gave an instruction to the court investigator about the need to conduct a preliminary investigation and reported to the chief military prosecutor about the reasons why the proposal for accelerated consideration of the case was not submitted to the court. The shortcomings of the legislation in force at that time are pointed out.
 An obstacle to the creation of effective legislation was continuous hostilities, as well as the lack of a sufficient number of qualified specialists. It is emphasized that the vast majority of criminal cases against civilians and military personnel were under consideration by military courts.