CRIMINAL LEGISLATIVE DOCUMENTS ISSUE OF LOCAL GOVERNMENT BODIES AT THE BEGINNING OF HITLER OCCUPATION (EXAMPLE OF KYIV CITY ADMINISTRATION DOCUMENTATION)

Анотація

During the occupation social life went on, after all, families were formed and divorced, children were born and people died, crimes and offenses were committed. Therefore, both German and local authorities had to settle these issues. And the use of the Soviet or German legal basis was impossible for various reasons. That is why local managers focused their attention on the creation of a new legal regulatory framework which could provide the basis for adequate functioning of Ukrainian society. Consequently, the purpose of this publication is to analyze the activities of local authorities in creating a normative base for the regulation of offenses, which were approaching crimes or were criminal from the legal point of view.

The problem outlined has not yet been sufficiently considered in contemporary historiography, and the Soviet researchers were not interested in it at all. The exceptions are some publications and monographs of O. Honcharenko and M. Kunitsky, V. Shaikan, Y. Levchenko and Y. Oliynyk, although the works are related mostly to the systems of legal proceedings established by the occupation administration on the captured Ukrainian lands.

In the autumn of 1941 Kyiv City Administration developed the draft of Temporary Criminal Code of Kyiv. The draft was divided into General and Special Parts, and to 9 sections, which contained the definition of certain types of most widespread crimes and provided punishments for them.

In general, analyzing the draft of Criminal Code created by Kyiv City Administration, one can conclude that it was not complete and integral. Not all types of crimes were mentioned in this draft. The most severe punishments were determined for the crimes against the state, only for this type of offenses the death penalty was provided. For example, the murder with all the aggravating circumstances was penalized by the largest term of 10 years imprisonment. The draft identified also the types of complicity, aggravating and mitigating circumstances, and the stages of the crime commission. The certain crimes committed repeatedly were considered an aggravating circumstance and it increased their punishment significantly. There were 8 types of punishment, the most widespread of which were forced works and imprisonment for 1 to 10 years terms.