Stalin, however, was not ready to surrender on winning over Nazi Germany. On July 1, 1934, following the conclusion of the Central Committee plenum, Dimitrov sent him a draft of his political report for a proposed 7th Comintern Congress (scheduled for the fall). Dimitrov could defy Hitler, Göring, and Goebbels, but he remained inordinately deferential toward the Soviet dictator. Stalin, in turn, asked that Dimitrov “consider” his suggestions, and his marginal comments indicate that he was far from letting go of his thesis on Social Democracy as the left wing of fascism. Dimitrov’s text asked “whether it is correct to refer to Social Democracy
STRENGTHENING SOCIALIST LEGALITY
On July 10, 1934, after six months of internal back-and-forth, the regime announced the replacement of the OGPU by the NKVD (the people’s commissariat of internal affairs).324 Mężyński had appealed to Stalin yet again in early 1934 to be allowed to resign. (“No activities. Only lying down 24 hours a day,” he had written in his notebook in Kislovodsk. “This is death. You lie all day in the hammock, and death sits across from you.”)325 Stalin proposed that Kaganovich confer with him and possibly accept his request. Then, on May 10, Mężyński’s heart had stopped. Four days later, his ashes were interred in the Kremlin Wall, with an artillery salute.326 Rumors had Stalin set to appoint Mikoyan, which frightened Yagoda’s gang and brightened other Chekists who appreciated Mikoyan’s sly humor and lectures at their club.327 But Stalin named Yagoda commissar and Yankel Sorenson, known as Yakov Agranov, his first deputy.328 The regime had just expanded Article 58 of the RSFSR criminal code (regarding counterrevolutionary activities) with new subarticles (2–13) to cover attempts to seize power, espionage, anti-Soviet propaganda and agitation, and Trotskyism.329 As Stalin had proposed, military desertion was now punished as treason, with sentences of execution or, in extenuating circumstances, ten years in confinement.330 Nonetheless, the formation of the NKVD was conceived as a genuine legal reform.331 The politburo would soon decree a parallel expansion in the number of judges and procuracy personnel, with pay raises.332 Kaganovich explained that “the reorganization of the OGPU means that, as we are in more normal times, we can punish through the court and not resort to extrajudicial repression, as we have until now.”333
This new mandate had to be explained to police operatives.334 “In capitalist countries, instead of the ‘celebrated’ bourgeois order, there is chaos, a sea of blood, extrajudicial executions, gas, machine guns and armored cars on the streets,” Yagoda told them in a speech at the NKVD’s founding. “If now, in the village, we do not have expansive kulak formations that we had previously, if in the city the counterrevolution does not have the character it had before, the question arises: What guises, what forms are possible for the activities of counterrevolutionary agents?” He answered that former parties (SRs, Mensheviks, bourgeois nationalists) could reanimate and link up with Communist oppositionist elements (Trotskyites, rightists) for espionage and sabotage, requiring the NKVD to abjure mass arrests in favor of “subtle, painstaking, and probing investigations.”335 Investigations had to be conducted with greater observance of procedural rules.336 Ultimately, the reform was aimed at better coherence of the state, under the slogan “strengthening revolutionary legality.”337 But none of this meant imposing limits on Stalin’s power, whose extralegal operation caused many of the very problems of arbitrariness about which he complained.338
ARTISTS AND THE STATE