"On the legal status of labor settlers"
Politburo and the peasantry: Expulsion, special settlement. 1930-1940 Book II. Moscow. ROSSPEN 2006 p. 625-627
Archive:
GA RF. F. R-5446. Op. 25.D. 32.L. 91-89. A typewritten copy made by the staff of the USSR Council of People's Commissars Administration.
P-315
Top secret
RESOLUTION
OF THE COUNCIL OF PEOPLE'S COMMISSARS OF THE UNION OF THE SSR and the CENTRAL COMMITTEE of the CPSU (b)
"" October 1939
Moscow Kremlin
On the legal status of labor settlers
In order to clarify the legal status of the labor settlers, the Council of People's Commissars of the USSR and the Central Committee of the AUCP (b) DECIDE:
1. Suggest to the USSR People's Commissariat for Internal Affairs:
a) to release from labor settlements persons evicted in accordance with the Order of the Council of People's Commissars of the USSR No. 775-146 from April 20, 1933 - convicted by the courts, b. bodies of the OGPU and the bodies of the NKVD of the USSR, by which the established term of punishment has expired, having issued the released passports with restrictions on the right of residence in the areas specified in the appendix to this Resolution;
b) persons moved into labor settlements on the basis of the said Decree, whose terms of stay in labor settlements have not been established, leave to live in labor settlements, transferring them to the position of administrative exiles, setting a 5-year period of stay from the moment of eviction.
All who have been in labor settlements for at least 5 years shall be released from labor settlements by issuing passports to them with the restriction specified in paragraph "a" of Art. 1 of this Resolution.
NOTE: To establish that any resettlement of labor settlers outside the areas within the krais (oblasts) may be carried out with the permission of the police.
2. Children of labor settlers living in areas of labor settlements falling under the Decree of the Council of People's Commissars of the USSR No. 1143-280 from October 22, 1938 [,] enjoy the unhindered right to leave the areas of labor settlements.
3. In accordance with the Decree of the Council of People's Commissars of the USSR No. 986-236 of September 9, 1938, labor settlers and their families, as well as persons living in labor settlements, transferred to the position of administrative nobles, may be members of non-statutory agricultural and fishing artels.
4. The economic and labor activity of these artels is regulated by the charter of the artel, the board of the artel and the Resolutions of the general meetings of the members of the artel, as well as by national decrees and orders.
Labor activity of labor settlers working in construction, timber rafting and production is regulated by labor agreements concluded between economic agencies and labor settlers.
For malicious failure to fulfill their obligations under labor agreements with economic agencies, labor settlers are prosecuted under Art. 131 of the Criminal Code of the RSFSR and the corresponding articles of the UCC of other Union Republics.
5. Propose to the USSR People's Commissariat for Internal Affairs of labor settlers working in construction, timber rafting and other sectors of the national economy under labor agreements concluded between them and economic agencies, to issue passports with a note in column 10: "Suitable for living in such and such an area."
Allow the families of labor settlers to live with the head of the family who works as a permanent worker in production.
6. To oblige the People's Commissariat of the USSR to complete in 1939 the issuance of acts for the perpetual use of land to the statutory agricultural cooperatives of labor settlers.
7. Labor settlers who have not been personally discredited by anything, who have served a 5-year period of stay in labor settlements and who have married citizens from among non-labor settlers, are allowed to live in all points of the USSR, except for the items listed in the Appendix to this Resolution.
To propose to the USSR People's Commissariat of Internal Affairs not to interfere with the departure of these persons to the places of residence of their choice, indicated in the Appendix to this Resolution, and the issuance of the corresponding passports to them.
8. To abolish the commandant's office of the NKVD of the USSR in labor settlements from November 15, 1939.
Observation of order in labor settlements, as well as measures to prevent escapes from labor settlements, shall be entrusted to the precinct and regional offices of the Republic of Kazakhstan, Police of the People's Commissariat of Internal Affairs of the USSR.
9. Permit the USSR People's Commissariat of Internal Affairs to increase the size of the police in the areas of labor settlements accordingly by reducing the staff of the NKVD commandant's offices of the USSR.
10. Propose to the NKF of the USSR to increase the corresponding allocations in the state budget for the maintenance of additional contingents of the precinct and district apparatus of the RK Police.
11. To consider as invalid:
a) Decree of the Council of People's Commissars of the USSR No. 130 s of 1 / VII-1931,
b) Decree of the Council of People's Commissars of the USSR No. 775-146 from 20 / VI-1933.
c) Decree of the Council of People's Commissars of the USSR No. 174 ss of 16.III.1931 and
d) Resolution of the Council of People's Commissars of the USSR and the Central Committee of the All-Union Communist Party (b) No. 91 of January 17, 1936.
in parts that contradict this Resolution.
Chairman of the Council of People's Commissars of the USSR (V. MOLOTOV)
Secretary of the Central Committee of the CPSU (b) (I. STALIN)
On l. 91 handwritten notes (autographs): 1) "<SNK USSR> + in the Central Committee of the CPSU (b) A. Vyshinsky", 2) "For - item 7 is not clearly formulated. It is not specified whether this clause applies to all, or to those [who] have expired. Bulganin ", 3) " for N. Voz [nesensky] ". On l. 89 at the bottom left of the typewritten clerical note with the date "15.X.39." (dated from this litter), under it signatures - autographs: “P. Ivanov. 15 / X-39 ", the second is illegible, date " 16 / X 39 ".
The draft resolution of the Council of People's Commissars and the Central Committee of the CPSU (b) on the legal status of labor settlers, proposed by the NKVD. At the earliest June 1, 1939
P-309
Top secret
RESOLUTION
OF THE COUNCIL OF PEOPLE'S COMMISSARS OF THE UNION OF THE SSR and the CENTRAL COMMITTEE of the CPSU (b).
"_" _ 1939. Moscow. Kremlin.
On the legal status of labor settlers.
In order to clarify the legal status of the labor settlers, the Council of People's Commissars of the USSR and the Central Committee of the AUCP (b) DECIDE:
1. Labor settlers (formerly kulaks expelled from areas of complete collectivization) and their families, in accordance with the decree of the Central Executive Committee of the USSR of 25 / I-1935, are assigned to live in the areas of their settlement without the right to leave these areas, with the exception of children labor settlers falling under the decree of the Council of People's Commissars of the USSR No. 1143-280 from 22 / X-1938 and who have married non-labor settlers.
Any resettlement outside the districts within the krais (oblasts) may be carried out only with the permission of the RK Police.
2. To propose to the People's Commissariat of Internal Affairs of the USSR:
a) to release from labor settlements the persons evicted by the order of the Council of People's Commissars of the USSR No. 775-146 from April 20, 1933 - convicted for a period of time by the courts, former organs of the OGPU and organs of the NKVD of the USSR, to whom the established term of punishment has expired passports with restriction of the right of residence in the areas specified in the annex to this resolution;
b) the persons moved into labor settlements on the basis of the said decree, whose terms of stay in labor settlements have not been established, should be left to live in labor settlements, transferring to the position of administrative exiles, having established a 5-year period of stay from the moment of eviction. After the expiration of a 5-year term, release from labor settlers, issuing passports to them with the restriction specified in paragraph "a" of Art. 2 of this resolution.
3. Children of labor settlers living in labor settlements falling under the decree of the Council of People's Commissars of the USSR No. 1143-280 from 22 / X-1938 [,] enjoy the unhindered right to leave the areas of labor settlements.
4. In accordance with the decree of the Council of People's Commissars of the USSR No. 986-236 dated 9/1X-1938, labor settlers and their families, as well as persons [,] living in labor settlements, transferred to the position of admiral [,] may be members of statutory agricultural and fishing artels.
5. The economic and labor activities of these artels are regulated by the charter of the artel, the board of the artel and the resolution of the general meetings of the members of the artel, as well as by national decrees and orders.
Labor activity of labor settlers working in construction, timber rafting and production is regulated by labor agreements concluded between economic agencies and labor settlers.
For malicious failure to fulfill their obligations under labor agreements with economic agencies, labor settlers are prosecuted under Art. 131 of the Criminal Code of the RSFSR and the corresponding articles of the Criminal Code of other Union Republics.
6. Propose to the USSR People's Commissariat of Internal Affairs to issue to labor settlers working in construction, timber rafting and other sectors of the national economy, under labor agreements concluded between them and economic agencies, passports with a note in column 10: "Suitable for living in such and such an area."
Allow the families of labor settlers to live with the head of the family who works as a permanent worker in production.
7. To oblige the USSR People's Commissariat of Agriculture to complete in 1939 the issuance of acts for the perpetual use of land to statutory agricultural cooperatives of labor settlers.
8. Labor settlers who are not personally defamed by anything, who have married citizens from among the non-labor settlers, are allowed to live in all points of the USSR, with the exception of those listed in the appendix to this resolution.
To propose to the People's Commissariat of Internal Affairs not to interfere with the departure of these persons to their chosen places of residence and the issuance of appropriate passports to them.
9. To abolish the commandant's offices of the NKVD of the USSR in labor settlements from 1 / X1-39.
Observation of order in labor settlements, as well as measures to prevent escapes from settlements, shall be entrusted to the precinct and district offices of the Republic of Kazakhstan, the Militia of the People's Commissariat of Internal Affairs of the USSR.
10. To allow the USSR People's Commissariat of Internal Affairs to increase the size of the police in the areas of labor settlements by reducing the staff of the NKVD commandant's offices.
11. Propose to the NKF of the USSR to increase the corresponding allocations in the state budget for the maintenance of additional contingents of the precinct and district apparatus of the RK Police.
12. To consider as invalid:
a) Resolution of the Council of People's Commissars of the USSR No. 130 s of 1 / VII-1931;
b) Resolution of the Council of People's Commissars of the USSR No. 775-146 from April 20, 1933;
c) Resolution of the Council of People's Commissars of the USSR No. 174 ss of August 16, 1931 and the resolution of the Council of People's Commissars of the USSR and the Central Committee of the All-Union Communist Party (b) No. 91 of January 17, 1936 in parts that contradict this resolution.
Chairman of the Council of People's Commissars of the USSR (V. Molotov)
Secretary of the Central Committee of the Central Committee of the CPSU (b) (I. STALIN)
On l. 56 at the top right is a stamp of the Secret Department of the USSR Council of People's Commissars Administration with the handwritten date "11 / X-1939" and the incoming number. Dated from document P-308.
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