TRANSFORMATION OF CORPUS DELICTI OF THREAT OR VIOLENCE CONCERNING THE OFFICIAL OR THE CITIZEN, WHICH EXECUTES A PUBLIC DUTY DURING THE SOVIET PERIOD: CRIMINAL LAW ASPECTS

Abstract

The article is devoted to the research of history of development of the domestic legislation on threat or violence concerning the official or the citizen who performs a public duty. The stages of evolution of this actus reus during the Soviet period are specified.
Criminal codes contained two kinds of infringement of normal or, on terminology of the law, correct administrative activity of public authorities: resistance to representatives of the power and compulsion of its representatives. The norms action was limited to time frameworks: a representative of the power should be directly at accomplishment of obligations put on it by the law that displayed insufficiently social needs of right protection of the specified persons.
The Criminal Code of the USSR of 1960 took the sphere of government under a special state protection — the protection of public order, carried out by police officers, people’s guards, members of the public. But in this way the so-called accumulation of concepts noted by scientists-jurists took place in the norms of the chapter IX of the code «Crimes against the government order». They are «representative of the power», «official», «public man», «member of the public», «people’s guard» and «citizen who performs a public duty or obligations on public order protection». In addition to it the law did not contain any legal definition, to what the representatives of jurisprudence repeatedly drew attention.