Положения о судебной власти в проектах советских конституций 1962-1977 гг

Abstract

The relevance of studying the development of constitutions in the context of the history of domestic constitutionalism is shown. Objective conditions for the preparation of draft constitutions in 1962-1977 were revealed. Purpose. The purpose of the article is to consider the provisions of the draft Constitution of the USSR of 1964 in relation to the judicial system of the country. Methodology. A set of methods is used, the most important are the comparative legal method and the formal legal method. Results. The authors define the constitutional principles of legal proceedings. A historical and legal analysis of the innovations proposed by the draft basic law is being carried out. It is pointed out that the draft Constitution of the USSR of 1964 laid down the democratic principles of the state system based on the principle of separation of powers. The article deals with the provisions of the draft Constitution of the USSR of 1977 in relation to the judicial system of the country. The authors point out that an important provision of the project, which was enshrined in the approved constitution, concerned the concept of legality. This concept is mentioned in the 1964 draft. At the same time, in the 1970s it was widely used in regulatory legal acts of various origins. The provisions of the draft Constitution of 1964 and the draft Constitution of 1977 are compared. Conclusion. The conclusion is made about the continuity of the theory and practice of domestic constitutionalism.