ON THE QUESTION OF THE ANTI-LEGAL NATURE OF POLITICAL REPRESSIONS IN KAZAKHSTAN

Abstract

The activities of the Bolshevik Party from the very beginning of their criminal seizure of state power were of an unlawful nature, since they were directly connected with the encroachment on fundamental human and civil rights and freedoms recognized by the international community. State terror was used by the totalitarian regime on a huge scale, both against individuals and individual groups of the population, as "socially alien and dangerous elements": "enemies of the people", "traitors to the Motherland", "disenfranchised", rich people, kulaks, ministers of religion, etc., who were forcibly exc luded from the political life of the country. Such definitions of individuals and social groups, which had no legal content, carried a ready-made directive for punitive organs, predetermining arbitrariness, being an indispensable condition for reprisals by artificially imputing a criminal act to them. Almost all Soviet legislation, being profoundly incompatible with genuine law, represented an illegitimacy and denial of law, since it was adopted by illegitimate state bodies with the monopolization of political power in the hands of the CPSU. The entire period of the functioning of the party-Soviet regime is characterized by the criminal practice of replacing legislative institutions with repressive bodies and issuing the most important norms in the form of c losed departmental acts and decisions that had priority and a dominant role over the norms of the Constitutions, criminal, criminal-procedural and other legislation of the USSR, RSFSR, Kazakh ASSR and Kazakh SSR. All such acts on mass repressions are unlaw ful, and the legal, political and other consequences arising from them, infringing on the rights of citizens and destroying their honor and dignity, have no genuine legal force.