Soviet Legal Terminology

Within the Soviet Union's massive judiciary and legislative branches are numerous terms relating to the processes of trials, statutes, punishment, and other things. Each term has a specific meaning within the judicial, legislative, and sometimes extrajudicial branches. The following are a list (in alphabetical order) of Soviet legal terms.

Judicial Terminology

Appeal

The taking of a case from a lower court to a higher court by the losing party.

Appellate Cessation

An order of the court that refuses to allow a prosecuted group, organization, person, etc. from appealing.

Bona vacantia

Latin for "vacant goods". Bona vacantia is a Soviet legal term that applies to all personal property not owned. The bona vacantia is seized by the Federative Central Government and appropriated, valued, and put into the domain of public property. All property not officially owned is subject to the bona vavantia writ.

Certiorari

An order issued by a higher court to a lower court to send up any case for judicial review.

Chairman of the Supreme Soviet

The presiding officer over the Supreme Soviet sessions. The Chairman is always the General Secretary of the Communist Party of the Soviet Union and may never be the Premier. The current Chairman is Robert Pacitania.

Contempt of Court

Disobedience of a court order, or any action that operates to impair the authority of a court or to interfere with its proper functioning.

Court of Military Appeals

A court established by the Supreme Soviet to review court-martial decisions.

Damnatio memoriae

Latin for "damnation of memory", in the sense of removed from the remembrance. Damnatio memoriae is - alledgedly - a specific writ within the judiciary and extrajudiciary branch of the Soviet Federative Central Government. Originally used in the Roman Empire by the Roman Senate against those who brought discredit down upon the Roman government. It essentially removed them from the past as if they never existed.

Within the Soviet judicial and extrajudiciary branch, damnatio memoriae is a legal form of forced disappearance. It allows for the Federative Central Government to remove the person(s) from public eye via execution, incarceration, etc. without publicly declaring such. The damnatio memoriae also causes the removal of all record of the person ever existing. Birth records, hospital records, tax records, etc. are all expunged and destroyed creating an unperson.

De bonis non administratis

Latin for "of goods not administered". De bonis non administratis is a legal term that refers to assets remaining in an estate after the death or removal of the estate administrator. Within the Soviet Union all de bonis non administrati are seized by the Federative Central Government and then appropriated and transferred into public wealth. This applies to all forms of de bonis non administratis.

Diversity of Citizenship

Lawsuits involving citizens of different Soviet Socialist Republics. The Soviet Constitution confers jurisdiction in such cases to the federative courts, which, generally, apply relavent republican law.

Executive Ratification

The legislative process in which a bill is first put drafted, read amongst the standing committee, put up for consideration, read within the Supreme Soviet chamber, ratified, sent to be read by the Political Bureau, then lastly ratified and becomes a statute.

Ignorantia juris non excusat

Latin for "ignorance of the law is no excuse". Ignorantia juris non excusat is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content; that is, persons have presumed knowledge of the law.

Under the Soviet judicial branch, claiming ignorantia juris non excusat is as effective as a guilt plea and allows for immediate punishment of the said person if the court so deems. Many people have tried - inadvertently - to claim ignorantia juris non excusat with severe consequences.

In flagrante delicto

Latin: "while the crime is blazing". In flagrante delicto (or sometimes simply in flagrante) is a legal term used to indicate that a criminal has been caught in the act of committing an offense (compare corpus delicti). The colloquial "caught red-handed" is an English equivalent.

If in flagrante delicto occurs, a trial is not necessary in order to cast down punishment. The flagranter may be punished immediately by a single triumvirate (troika) which may cast down the necessary punishment.

Judgement non obstante veredicto

Judgment non obstante veredicto or judgment notwithstanding the verdict (J.N.O.V.) is a writ within the judicial branch of the Soviet Federative Central Government that states that the central government may override any judicial decision made within the court system if it is in the best interest of the people, well being of the socialist state, etc.

J.N.O.V. has been called, by outsiders, as simply a way for the state to supercede the judicial system in order to inact their own decisions upon those they feel need to be punished.

Mandamus

An order given my a court to compel someone to preform an act.

Manu militari

A Latin term meaning "by military means." It is often used within the Soviet judicial branch when it is seen that public force is necessary to enforce a decision. Usually using military force, the judicial branch may enact executive power by enforcing a said decision by using "any means necessary" to insure the fulfillment of their decisions.

Pigeonhole

To kill a bill in committee and not reporting it out for consideration by the chamber. This is usually accomplished by a committee chairmen when the other members of the committee do not object.

Recommittal

The action of the legislative body sending a bill back to the committee which put it up for consideration. This usually occurs when the Supreme Soviet perceives that this bill needs to be revised for whatever reason or updated to meet the current political standards.

Rider

A provision, unlikely to pass on its own merits, added to an important bill so that it will "ride" through the legislative process and become a statute. This occurs often in the legislative process within the U.S.S.R.

Rules Committee

A standing committee of the Supreme Soviet that can provide special rules under which a bill will be debated, amended, and considered by the Supreme Soviet. The Rules Committee functions as a value or sifting device to control the flow of bills from standing committees to the chamber floor for consideration, a power which may be abused by its selective use.

Special Committee

A legislative committee established for a limited time period for a special purpose.

Session

The period during wich a the legislative body assembles and carries on regular busines. The Supreme Soviet has two regular essions based on the requirement by the Soviet Constitution that the Supreme Soviet assemble once every year. Due to the complexities of society however, the Supreme Soviet is usually in session most of the year.

Simple Resolution

A measure adopted by the legislative body. It does not require ratification from the standing committees or the Political Bureau.

Statute (Act)

A law enacted by the Supreme Soviet and the Political Bureau, or a law enacted by a Republican Soviet and the Executive Committee of each Soviet Socialist Republic. Statutes created by the later can be - and usually are - over-written by the Federative Central Government.

Voting (Legislative)

Various methods that the legislative body uses to make decisions. Voting procedures typically include: (1) a "record" or "yea or nay" roll-call vote in which member's vote is required to be recorded individually; (2) a "division" or standing vote in which members voting for and against a motion alternately rise and are counted by the presiding officer; (3) a "teller" vote in which members are counted as they file past as either "yay" or a "nay" teller; and (4) a "vica voce" or voice vote in which a presiding officer determines the outcome frome the volume of response from those for and against the measure.