The idea of law abolition in the Soviet judicial system in 1917–1922

Importance. The idea of law abolition in the legal and political disputes of the first postrevolutionary years is considered. The discussion related to this issue determined the postrevolutionary ideology in our country and had a serious impact on the theory of state and law, as well as on the formation of Soviet judicial authorities. In addition to the Marxist roots of this concept, the Russian tradition is considered, not only the Marxist one. The problem is raised as to how seriously the ideologists of 1917–1922 took the idea of “law abolition” and the priority of “revolutionary expediency” or saw the former as a distant prospect. This issue affects different aspects and sides of historical science.Materials and Methods. The research is conducted on original archival and open sources basis. The methodological basis of the research is the principles of objectivity and historicism, which consider historical processes in development and interrelationships. Retrospective and comparative methods of historical research are also used.Results and Discussion. The study analyzes various aspects and trends of official Soviet jurisprudence of the revolutionary and first post-revolutionary years, the bearers of which were P.I. Stuchka, D.I. Kursky, N.V. Krylenko, A.G. Goikhbarg, and others, as well as their ideological predecessors. It shows a long-standing tradition associated not only with the revolutionary movement, in which we see elements of “legal nihilism”. The essence of the most acute discussions in this context is revealed. The reasons for the curtailment of the “law abolition” idea after the end of the Civil War and the role of V.I. Lenin in this process are shown. Alternative ways of development of legal bodies in the RSFSR during the Civil War and after it, during the reform of 1922, are considered.Conclusion. The ideology that prevailed in relation to law in 1917–1922 cannot be perceived in isolation from the history of Russian and world thought. The evolution of attitudes towards justice after the Civil War (including the gradual overcoming of legal nihilism) led to the restoration and strengthening of elements of stable law and a centralized State.

law abolition, proletarian law, revolutionary expediency, revolutionary legality, D.I. Kursky, P.I. Stuchka, V.I. Lenin, Russian Revolution, Soviet justice