Accessory and Witness - The Profession of the Lawyer under Stalin (1945–1953)

Abstract

Drawing on research conducted in Russian and Ukrainian archives, this article explores the legal profession in the late Stalin-era USSR, with a focus on the years following the Second World War. During this period, the number of cases dealt with in the courts grew considerably, and calls to rehabilitate “socialist legality” became more pressing. It is against this backdrop that the article details the different professional aspects—social trajectories and daily practices—of the criminal lawyer's craft. It concludes that while their influence remained relatively weak and was rarely anchored in their legal capabilities, Soviet lawyers did develop economic and networking capacities that enabled them to maintain their autonomy and to fully participate in the dynamics of the Soviet society that emerged in the aftermath of the war. Despite their weak position and the purges they had suffered, lawyers found ways to gain privileged information about ongoing cases, and some of them played an intermediary role between the apparatus of repression and Soviet notables—particularly by participating in the system of bribery and clientelism. Their actions exemplified the ways that Soviets acclimatized to Stalin's dictatorship, working to bend and improve the rules and to create spaces of protection, mutual assistance, and exchange at the heart of the state and the party.