Sinichenko Vladimir Viktorovich ↑, Tokareva Galina Sergeevna ↑

The analysis is carried out in which regulatory legal acts did the deportation of peoples to the USSR take place before the war and the war. It is concluded that the deportation of peoples on the eve of World War II was caused by preventive tasks to clean the frontline zone from elements unreliable in the opinion of the Soviet authorities - peoples who might during the conflict feel sympathy for the potential enemy’s soldiers. Since the Soviet state leadership was preparing for military conflicts around the perimeter of the Soviet state border in 1935-1936. Poles and Finns were evicted inland from the western outskirts of the country, Koreans in 1937 from the Far East, and in 1937-1938. Turks and Iranians from the southern borders of the USSR. The legal basis for pre-war deportations was the decision of regional party bodies, which initiated the expulsion of representatives of certain ethnic groups in the pre-war period. The initiative of local party bodies was approved and finally formed by the central party bodies in the following regulatory forms - Decisions of the Central Committee of the All-Union Communist Party of Bolsheviks and Resolutions of the Council of People’s Commissars of the USSR. The decisions of the Council of People’s Commissars of the USSR not only determined the time of deportation and the place of settlement of the deportees. Decisions of the Council of People’s Commissars solved the problems of economic arrangement of settlers, the regime of their administrative stay in areas intended for living. In the initial period of World War II, in order to “prevent” there was a mass eviction of Germans from the European part of the country to Kazakhstan and Western Siberia. During the war years, the algorithm of the legal mechanism of deportation was as follows - at the initiative of the NKVD, a corresponding decision was made to the State Defense Committee, which made the decision on deportation. Since 1943 the reasons for the deportation of peoples have changed. They became not warning, but penal. From 1943 to 1944 Soviet authorities carried out “retaliation” operations against peoples whose representatives showed active cooperation with the enemy. They were deported to Central Asia, which became a place of exile for many displaced peoples, residents of the North Caucasian republics and Crimean Tatars. Distinguishes two types of deportation of peoples - without the elimination of national autonomies and with the elimination of national autonomy. Without liquidation, deportation was carried out by decision of the party and law enforcement agencies (during the GKO war years). The initiative came from local party organizations, then the legal basis for the eviction of peoples was the Decree of the executive body of Soviet power - the Council of People’s Commissars. The liquidation of the autonomous republics was formalized by a decision of the highest legal authority, the highest legislative body of state power of the Soviet Union - by decree of the Presidium of the Supreme Soviet of the USSR.

deportation of peoples, special settlers, decree, resolution, Council of People’s Commissars, Supreme Council, border region, repression

Sinichenko Vladimir Viktorovich – Doctor of Historical Sciences, Professor, Chief Researcher of the Department for Research on Strategic Problems of Management, Academy of Management of the Ministry of Internal Affairs of Russia (8, Zoe and Alexandra Kosmodemyanskikh st., Moscow, 125171, Russian Federation), e-mail: v.v.sinichenko@bk.ru

Tokareva Galina Sergeevna – Lecturer at the Department of General Legal Training, East Siberian Institute of the Ministry of Internal Affairs of Russia (110, Lermonotov st., Irkutsk, 664071, Russian Federation), e-mail: khb.jasmine@mail.ru

Sinichenko V.V., Tokareva G.S. YUridicheskie osnovaniya dlya "deportacii narodov" v SSSR nakanune i v gody Vtoroj Mirovoj vojny // [Legal bases for “deportation of peoples” in the ussr on the eve of and in the years of the Second World war] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2020, no 3 (90), pp. 29–34.

1. Bezugol'nyj A.YU., Bugaj N.F., Krinko E.F. Gorcy Severnogo Kavkaza v Velikoj Otechestvennoj vojne 1941-1945. Problemy istorii, istoriografii i istochnikovedeniya [Highlanders of the North Caucasus in the Great Patriotic War of 1941-1945. Problems of history, historiography and source study]. Moscow: Centrpoligraf, 2012. 479 p. (in Russian).

2. Bugaj N.F. Rossijskie korejcy: peremeny, prioritety, perspektiva [Russian Koreans: changes, priorities, perspective]. Moscow: Akvarius Publ., 2014. 456 p. (in Russian).

3. Bugaj N.F. Problema territorij v usloviyah prinuditel'nyh pereselenij HKH veka: teoriya, praktika [The problem of territories in conditions of forced resettlement of the twentieth century: theory, practice]. Moscow: Nauka Publ., 2018. 472 p. (in Russian).

4. Deportirovannye v Kazahstan narody: vremya i sud'by [The peoples deported to Kazakhstan: time and fate]. Almaty: Arys-Kazahstan Publ., 1998. 414 p. (in Russian).

5. Kan G.V. Korejcy Kazahstana: istoricheskij ocherk [Koreans of Kazakhstan: a historical outline]. Almaty: Kazahstan, 1995. 240 p.

6. Kulaev CH.S. Voenno-organizatorskaya i politicheskaya rabota mestnyh partijnyh organizacij v gody Velikoj Otechestvennoj vojny: na materialah Severnogo Kavkaza [Military-organizational and political work of local party organizations during the Great Patriotic War: on the materials of the North Caucasus]. Cнerkessk, 1981, pp.156-168. (in Russian).

7. Polyan P.M. Ne po svoej voli…Istoriya i geografiya prinuditel'nyh migracij v SSSR [Not voluntarily ... History and geography forced migrations to the USSR]. М.: O.G.I – Memorial Moskva Publ., 2001. 327 p. (in Russian).

8. Polyan P. Total'nye deportacii «vozmezdie» narodov Severnogo Kavkaza i Kryma v 1943-1944 gg. [Total deportations "retaliation" of the peoples of the North Caucasus and Crimea in 1943-1944] Available at: https://m.polit.ru/article/2004/10/06/polan1/#_ftn2 (accessed 8 April 2020).

9. Stalinskie deportacii 1928-1953 gg. [Stalin's deportations of 1928-1953] / Ed. A.N.Yakovlev, N.L.Pobol', P.M. Polyan. Moscow: Mezhdunarodnyj fond «Demokratiya» Publ., 2005. 904 p. (in Russian).

10. Tippel'skirh K. Istoriya vtoroj mirovoj vojny [History of World War II]. MOSCOW: Poligon, SPb., 1998 798 p. (in Russian).

11. Khan V.S., Sim Khon Eng. Koreitsy Tsentral'noi Azii: proshloe i nastoyashchee. [Koreans of Central Asia: past and present]. Moscow: MVA Publ., 2014. 256 p. (in Russian).