On the issue of the justice of early Soviet jurisprudence. A historical and legal commentary on the theses of Yu. V. Ospennikov

The article is dedicated to a critical examination of P. L. Polyansky’s judgments regarding the fairness of Soviet jurisprudence during its early developmental stages, as used by Yu. V. Ospennikov in his theses addressed to the roundtable discussion of Barsky Society, titled “Principles of Adversarial and Inquisitorial Proceedings in Ecclesiastical Jurisprudence: Elements Combining, Tendencies, Prospects” (St. Petersburg, June 23, 2023). Counterarguments are considered based on the circumstances of the murders of representatives of the Russian imperial family committed by Soviet authorities in 1918-1919, as well as other acts of the so-called “Red Terror”. The conclusion is drawn that the criminal acts discussed set a precedent and this, given the absence of a legal foundation for the “Red Terror”, refutes P. L. Polyansky’s hypothesis supported by Yu. V. Ospennikov, regarding the fairness of the Soviet court during its early development.