Аннотация: MMMDCLV. The psychological energy of civilizational notions (concepts) in the legal field. An essay (as an attempt to put the question). - May 2, 2025.
The psychological energy of civilizational notions (concepts) in the legal field. An essay (as an attempt to put the question).
The psychological energy of civilizational notions (concepts) in the legal field. An essay (as an attempt to put the question).
Attentive readers of books about the 1941-1945 war may pay attention to the figures mentioned in connection with the events of 1941-1942.
These figures had a penchant for physical violence, they tried to solve combat tasks through physical violence aimed at their subordinates.
The Battle of Stalingrad is coming to an end. The search for books on international law begins: What rules and customs are established for sending parlementaire? ['An individual is considered a parlementaire who is authorized by one of the belligerents to enter into communication with the other, and who carries a white flag'] (The parlimentaires were sent demanding that the enemy stop resisting).
(Apparently, there was a desire to be not only "people with guns", but people acting according to historical rules, people whose actions correspond to historical civilizational concepts).
In Vladimir Bogomolov's book 'In August of 1944 (The Moment of Truth)' (1973) there are several lines about the legality of the search (inspection of personal belongings) of officers. An attempt to search (inspect personal belongings) leads to a small dispute, causes surprise and even outrage. ("What is that - 'an inspection of personal belongings'?! We are not privates or sergeants, and you are not a sergeant major! Who gave you the right to search officers?!").
This book by Vladimir Bogomolov talks about the sanction (permission) of a high-ranking procurator to conduct a personal search (inspection of personal belongings). That is, it is not such a simple problem - a search (checking personal belongings): both the sanction (approval) of a high-ranking procurator has been received, and a special notification has been made about this sanction. ("... the inspection of personal belongings (regardless of the ranks and positions held by owners) was authorized by the Chief Military Procurator of the Red Army by cipher telegram ОВ/0059 dated August 19, 1944, which is currently being transmitted to all military procurators of the 3rd Belorussian and 1st Baltic fronts ...").
Have there been changes since the Battle of Stalingrad?
The word "officer" came back into use. The "shoulder straps" returned with the "officer". With the "officer" and "shoulder straps", an understanding of the privileged position of officers came (returned) from the subconscious mind.
The new top military leaders ousted (pushed aside) the heroes of the Civil War [Russian Civil War, 7 November 1917 - 25 October 1922], the word "officer" ousted (pushed aside) the word "commander (red commander)".
They could read about the allies (in the anti-Hitler coalition) or see them (the Americans, the British, the French ...). Civilizational information about the officers could be received ("read off)" from these people.
By itself, Soviet legislation may not have changed in favor of relaxation of the regime, but when the word "officer" was allowed into everyday use, this word created laws of thought, lifted civilizational traditions from the subconscious and uploaded them into consciousness.
High-ranking prosecutors (procurators) are not often mentioned in the literature about the 1941-1945 war.
As of June 22, 1941, the Prosecutor (Procurator) of the USSR was comrade V.M. Bochkov (1900-1981).
A resident of modern Russia who watched TV in the "holy" 90s [1990-1999] will assume that the Prosecutor of the USSR was a man who worked for a long time in the prosecutor's system, in courts, in the field of legal education or legal research.
(V.M. Bochkov was born on October 29 (November 11, 1900) in the village of Kazimirova Sloboda, Mogilev province. The territory (until 1772) was part of the Polish-Lithuanian Commonwealth.)
Viktor Mikhailovich Bochkov served in the military units of NKVD since 1922.
After graduating from the military academy, he was transferred to the central office (apparatus) of the NKVD.
Head of the Main Prison Directorate of the NKVD of the USSR (November-December 1938), head of the 4th (Special) Department of the Main Directorate of State Security of the NKVD of the USSR (December 1938 - August 1940). Participated in the battles with the Japanese on Khalkhin Gol, as well as the war with Finland (1939-1940).
According to the memoirs by V.M. Bochkov, no one warned him about his appointment to the post of Prosecutor of the USSR. It seems that while on a business trip on official affaires, he, an employee of the NKVD apparatus, learned about his appointment as a Prosecutor of the USSR. (On August 7, 1940, by Decree of the Presidium of the Supreme Soviet of the USSR, V.M. Bochkov was appointed Prosecutor of the USSR).
It would seem that under such circumstances, his powers were only formal.
How could a person feel himself - the person who was moved by an external will from "his system" to a new place (position) and who expected to return to the same system? How could he control (check) people - people who had an unlimited power - without having (him) any personal guarantees (of security and of independence)? How could such a person control (check) his bosses (those who was his bosses before his appointment) and who would be his bosses again (after a some period)?
History has preserved some of the features of V.M. Bochkov's career.
V.M. Bochkov did not bring the situation to explicit objections to his bosses, but!
But he was demanding additional information, had the courage to express doubts and displeasure. He asked questions, clarified the details. He was allowing himself to be indignant at the non-observance of certain rules established by law.
It can be assumed that in the absence of a system of checks and balances, he was psychologically influenced by words such as "constitution", "parliament", "prosecutor (procurator)".
These words began to be used in ancient times, had a long history, set the "laws of thinking", evoked civilizational instincts, loaded them from the subconscious into consciousness. [Procurator (Ancient Rome), the title of various officials of the Roman Empire. Prosecutor (Procurator) General of Russia, heads the system known as the Office of the Prosecutor General of Russian Federation].
It seems that V.M. Bochkov's behavior gradually created more and more tension in his official activities.
According to one version, he was dismissed from the post of Prosecutor of the USSR as unexpectedly as he was appointed to this position.
According to another version, in November 1943, Bochkov submitted an application to the Central Committee of the CPSU(b) with a request to be relieved of his post, and on November 13, 1943, by decree of the Presidium of the Supreme Soviet of the USSR, he was relieved of his post (Prosecutor of the USSR) and returned to serve in the People's Commissariat of Internal Affairs (NKVD).
These versions are not mutually exclusive, as he could have written the application (the statement) after he found out about an unexpected decision (for him) that had already taken place.
In some cases, V.M. Bochkov was not needed by the bosses: they acted independently, without V.M. Bochkov, at their own discretion - in the absence of a system of checks and balances.
But, when circumstances were changing, such words as "constitution", "parliament", "prosecutor (procurator)" sounded, and these words, albeit formal in the conditions of the Soviet system, created an impact, - like Mikhail Bulgakov's play "The Days of the Turbins" (which was staged at the Moscow Art Theater) was creating an impact - this play was capable to influence the audience.
And, as a result, the bosses was comeing (nevertheless) to V.M. Bochkov for a sanctions, for his signatures. V.M. Bochkov did not resist, did not object, but! But he was expressing doubts and displeasure. He was receiving (requesting) additional information. He was - in some cases - indignant. The words "constitution", "parliament", "prosecutor" were creating their psychological impact, although weak.
The above makes it possible to point out the essential importance of the psychological energy of civilizational notions (terms) in the legal sphere.
May 2, 2025 12:27 (12:27 p.m.)
Translation from Russian into English: May 3, 2025 07:25
Владимир Владимирович Залесский ' Психологическая энергия цивилизационных понятий в юридической сфере. Очерк (в порядке постановки вопроса). '.
{ 3684. Психологическая энергия цивилизационных понятий в юридической сфере. Очерк (в порядке постановки вопроса). - 2 мая 2025 г.
MMMDCLV. The psychological energy of civilizational notions (concepts) in the legal field. An essay (as an attempt to put the question). - May 2, 2025.
Vladimir Zalessky Internet-bibliotheca. Интернет-библиотека Владимира Залесского}