it is equal three years ago the Soviet tanks have entered into capital USSR about military coup d`etat fulfilment. August military putsch in the history of the USSR has appeared as well the last - but not because the plot has lost an urgency, and only for the reason that the USSR did not become and politiko - tankovo - legal problems have passed from it by right of succession to the Russian Federation. The result on August, 19th, 1991 that military mutiny has turned from theoretical abstraction to an everyday occurrence, and, according to the established legal practice, the given everyday occurrence is not subject to any punishment and, hence, is not reprehensible. Sense come an era of mercy analyzes an observer MAXIM - SOKOLOV.
By three-year anniversary GKCHP the loaded word of the Russian law has appeared in time: The active participant of putsch general Varennikov demanded justice and has been solemnly justified. The basic justificatory argument borrowed the Supreme court from made by Peter I the Article military however not from that part that orders the strict penalties for an encroachment on the governor, and from that that specifies how to assort the violence made by the soldier over the maid - if the maid insufficiently loudly shouted or has been insufficiently strongly scratched, then that wanted. Having noticed that Gorbachev has been insufficiently scratched, the court has considered legally insignificant undoubtedly testified traitorous actions of the general.
at all nasty anecdotalism of a sentence defined politiko - the legal sense in it, of course, is. Destiny GKCHP has shown that in the country where millions people have been destroyed for change to the native land it is impossible to condemn the persons who have made not invented, and real high treason. Nobody is surprised to that the communistic mode has not left (because basically could not leave) after itself anything similar to the normal economic legislation - in the same way does not need to be surprised that in the country where everyone chih was a high treason, there was nothing similar to the legislation on high treasons. The decision of the Supreme court the state has undersigned that it not in a condition to regulate not only property conflicts between submitted, but also military conflicts of the citizens to it.
the analogy can be continued further. In the conditions of legal vacuum two kinds pravootnosheny - the natural right and the fist right operate. Thus that in economic sphere without the fist right does not manage in any way, the economy though as - that works, because the essential part of the population in the behaviour follows norms of the natural right, i.e. executes obligations. Similarly and in the politician. Though a number of politicians with a solemn kind confirms: Force - the right and the Supreme legal instances make out this thesis in the form of decisions about amnesty and the verdicts of not guilty, full triumph of the fist right does not come, and the state continues to exist, for the great bulk of citizens in the full contradiction with the developed legal practice continues to recognise that the armed performance against the power is business not due. Meanwhile, judging by the review raznonapravlennyh the actions planned in capital in connection with three-year anniversary of putsch (p. 14 see), supporters of the fist right appear in obvious minority. Remembering 1917, the Supreme court and the State Office of Public Prosecutor can console itself in that is business reparable.