Soviet Constitution Research Articles

Экономический конституционализм в эпоху Советского государства

The author characterizes the main tendency of the Russian legal science of recent years called constitutionalization and such unfailingly relevant topic as the economic condition of Russia to review the issues of the status of state economies expressed as the struggle of states for sovereignty; against this background, the article mentions a historical example of the growing economic strength of the USSR reached as a result of development of the State Plan of the USSR, the focus of which was predetermined by succession of the two Soviet constitutions of 1918 and 1924.

ИСТОРИЯ ЗАКОНОДАТЕЛЬНОГО ЗАКРЕПЛЕНИЯ ПРАВ И СВОБОД ЧЕЛОВЕКА И ГРАЖДАНИНА В КОНСТИТУЦИЯХ РОССИИ: СРАВНИТЕЛЬНО-ПРАВОВОЕ ИССЛЕДОВАНИЕ

The article is devoted to the historical process of including the rights of citizens of the RSFSR into the basic laws of our state, and later – the rights and freedoms of man and citizen in the Russian Federation. The corresponding norms of the Constitution of the RSFSR of 1918, the Constitution of the RSFSR of 1925, the Constitution of the RSFSR of 1978, the Constitution of the Russian Federation – Russia are analyzed in comparison, including in comparison with similar norms of the Constitution of the Russian Federation. The considered constitutions as the main normative legal acts of the state allowed us to conclude that the rights and freedoms of man and citizen were legislated in 1918, in the first Soviet Constitution. Subsequently, with the development of the state and society, the volume of human and civil rights and freedoms in Russia increased. The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993, contains the largest number of such rights and freedoms, which, taking into account modern federal legislation, complies with generally recognized norms of international law.

Common Language Development in Multilingual Contexts: A Study of Russian Language Policy in the Early Years of the Soviet Union.

In the field of Russian linguistics, history, and jurisprudence, the Russian language is widely regarded as a political instrument and, to some extent, reflects the development and influence of contemporary language policy of the Russian language in the Soviet Union. This study aims to examine the process, characteristics, influencing psychological and sociological factors, and consequences of Russian language policy in the early Soviet Union (1917-1930s). Thematic analysis and discourse strategy analysis methods were employed to achieve this goal. The results indicate that a well-thought-out language policy necessitates the establishment of language legislation and a precise legal definition of the status and use of different languages. The absence of language legislation can be a major drawback of language policy. While the Soviet Constitution and other relevant political documents broadly define the status and use of Russian and other languages, there is no specific language legislation regulating the use of each language. Analysis of word frequency statistics demonstrates that the key concepts of Stalinist policy differed compared to the time of Lenin's rule, resulting in a lack of effective legal force and strong mechanisms for controlling language policy practices. As the functional advantages of the Russian language become increasingly evident, some ethnic minorities tend to lean towards studying and using it, leading to the emergence of many bilingual and even trilingual individuals. Other minorities with small or underdeveloped populations turn to the Russian language, which is the most widely spoken language. These findings contribute to the theoretical and practical knowledge base for research in the fields of linguistics, linguistic culturology, history, psycholinguistics, and political science. Subsequent research can focus on current aspects of the country's language policy.

Communist Holiday Greetings as the Soviet Press Ritual in the 1960s – 1980s (On the Example of “Nauka v Sibiri” Newspaper)

The article examines the late-Soviet phenomenon of the official Communist holiday greetings on the pages of the newspaper “Nauka v Sibiri” (‘Science in Siberia’). In the 1960s – 1980s, the main public holidays in the Soviet Union were November 7th, May Day, and the day of the Soviet Constitution. Victory Day was a memorial day for a long time in this span of time. Printed congratulations on the anniversary of the Great October Socialist Revolution and May Day were heavily ritualized, while a text of the printed address contained the realities of the current socio-economic policy of the CPSU. Constitution Day, until the mid-1980s, was holiday number three according to newspaper editorial policy. The greetings dedicated to this public holiday usually emphasized the importance of socio-economic goods and social benefits for the Soviet people guaranteed by the Constitution. Perestroika in the USSR drastically changed the editorial policy of “Nauka v Sibiri”. The well-established tradition of holiday greetings was revisited in 1986– 1988. In 1988–1989 “Nauka v Sibiri” ceased to print ritual congratulations on Soviet holidays, following the general political sentiments in the USSR at the age of Gorbachev.

Role of Councils of Ministers of ASSR in the «nationwide discussion» of the Draft Constitution of the USSR of 1977 (on the materials of the Mari, Mordovian and Chuvash Republics)

The article raises certain aspects of organizing the nationwide discussion of the Draft Soviet Constitution of Developed Socialism of 1977 at the regional level. Using as example of the Councils of Ministers of three autonomous republics of the Volga region the Mari, Mordovian and Chuvash Autonomous Soviet Socialist Republics, the actions of the regional governments to implement the directives of higher authorities and take into register critical applications, appeals and complaints of Soviet citizens. For this purpose, unpublished documents from the State Archive of the Republic of Mari El, the State Historical Archive of the Chuvash Republic, and the Central State Archive of the Republic of Mordovia were used as the main source of scientific work. These included resolutions of the Councils of Ministers of the Autonomous Republics, certificates and reports of the organizational and instructor departments of the Councils of Ministers on consideration of citizens appeals, correspondence with authorities, etc. When processing these materials, the method of content analysis, historical-systemic, comparative-historical methods were used. Based on the conducted research, the author comes to the conclusion that despite the formalized nature of the nationwide discussion, it carried not only a purely ideological function, but also solved a rather significant practical task of establishing a feedback between the authorities and society. The Councils of Ministers of the ASSR collected and analyzed information on citizens critical appeals received by subordinate agencies, and then took measures to solve many economic, domestic and social problems that worried the Soviet people

Право на образование в Конституциях ГДР и СССР

The article considers the right to education recorded in the Constitutions of the German Democratic Republic and the Soviet Union, as well as some related norms applied in the Soviet zone of Germany. The author used the comparative legal method, e.g., the method of normative comparison, to compare the education laws in East Germany and the USSR. The state regulation of education started in East Germany in the pre-republic period. The period of 1945–1949 saw a ban of private schools, a single structure for all comprehensive schools, and a stipulation of equal rights to education. The constitution of the German Democratic Republic, which appeared in 1949, enshrined these norms at the statutory level. However, the new Constitution inherited a lot from the Weimar Constitution. The consolidation of education rights in the Constitution of 1968 differed from the variant of 1949. The Constitution of 1968 did not follow the education model of the Soviet Constitutions of 1936 and 1977, which were almost identical in structure and content. Despite the strong influence of both Soviet law and Marxist-Leninist ideology, the Constitutions of East Germany were independent in terms of education rights.

FORMATION OF A PARLIAMENTARY MODEL OF CONSTITUTIONAL CONTROL IN THE BASIC LAWS OF THE USSR OF 1924 AND 1936

The article studies the features of fixing the legal mechanism of constitutional control in the first two constitutions of the USSR. The analysis is based on the study ofthe approaches taken by wellknown legal scholars during the drafting of these constitutional acts, as well as the views of modern Russian constitutionalists on the essence and national specificity of the implementation ofthe ideas of constitutional control as an integral part of thesystem of constitutional governance. On the basis of a comparative legal analysis, the article reveals the evolution of the mechanism of constitutional control from judicial control in the Constitution of the USSR of 1924 to formal parliamentary control in the Constitution of the USSR of 1936. While recognizing the importance of the institution of constitutional controlas a necessary element of constitutional governance, the authors conclude that the single-party political regime in the USSR had a destructive effecton the very idea of constitutional governance. Despite attempts to create Soviet constitutionalism as a universal way of involving society in social construction, the influence of party power negated the meaning ofthe Soviet Constitution. The formalization of the content of constitutionalism and federalism under the Soviet state regime contributed to a complete loss ofthe importance of constitutional justice in the USSR of the pre-war period.

Ewolucja prawa konstytucyjnego na Białorusi od 1991 roku: kontekst historyczny

The publication introduces the reader to issues related to the process of changes in the structure of the Belarusian Fundamental Law – the Constitution. According to the general principle, it was to be the most important legal act, shaping and influencing to the greatest extent practically all legislative areas related to the functioning of the state. In addition to the Constitution of the Republic of Belarus with the amendments and supplements adopted by the republican referendum of 24 November 1996, of 17 October 2004 and of 27 February 2022, the general legal shape is also influenced by normative acts of a constitutional nature and those resulting from the practice of the Constitutional Court. The purpose of the article is to present the transformation of the Belarusian Constitution after 1991, its relation to the period of Soviet constitutionalism and its place in the constitutional system of the Union State. The article focuses on the evolution of the norms of the Belarusian Constitution, shaped after the declaration of the sovereignty of the Belarusian state and after the collapse of the Union of Soviet Socialist Republics, from the point of view of legal history as an academic discipline.

ГОСУДАРСТВЕННОЕ УСТРОЙСТВО СОВРЕМЕННОЙ РОССИИ В КОНТЕКСТЕ ИСТОРИИ ЕЕ ГОСУДАРСТВЕННОСТИ

The article considers in a historical context one of the components of modern Russian statehood – the state structure in the form of connection between the center and the territories (at the end of the 20th – the first quarter of the 21st century). Pre-revolutionary Russia was a unitary state, which did not exclude the presence of national administrative units, for example, the Kingdom of Poland, the Grand Duchy of Finland, the presence of elements of political autonomy in some of them, and features in the organization of government bodies. As is known, numerous Soviet constitutions proclaimed the RSFSR, and then the USSR, as federal states, which in fact they were not. All the features inherent in federal states were neutralized by the actions of the highest authorities in the person of the leadership of the ruling party. The state structure of modern Russia, being federal, in some cases differs from the principles generally accepted in world practice. Asymmetry, preservation of the national principle and the use of the matryoshka type in the construction of several federal subjects, etc. are both part of Russian traditions and a tribute to the past, which cannot be ignored. The increased centralization in the relationship between the federal center and the constituent entities of the federation can be explained by the need to concentrate all the forces and means of the state in the context of a special military operation.

ВТОРАЯ СОВЕТСКАЯ КОНСТИТУЦИЯ ЧИАССР 1978 ГОДА: ИСТОРИЯ И ЭТАПЫ СТАНОВЛЕНИЯ

This article is devoted to the adoption of the second and last Soviet constitution of the Chechen-Ingush Autonomous Soviet Socialist Republic of 1978. In Russian constitutionalism, following the Constitution of the USSR of 1977 and the Constitution of the RSFSR of 1978, it is recognized as the constitution of «developed socialism». The study, based on historical and legal facts, shows its role in the construction of the Soviet statehood of the Chechens and Ingush. The author emphasizes that the Constitution of the RSFSR of 1978, as a people's Basic Law, favored democratic reforms in the republic until the adoption of the Declaration on State Sovereignty of the Chechen-Ingush Republic in 1990, but failed to ensure the union of the peoples of Chechen-Ingushetia after the collapse of the USSR and became the cause of the political crisis in region.

Succession of Ukraine and the Baltic States: comparative analysis

In the early 1990s, Ukraine and the Baltic states gained independence. This put them in front of the need to choose the succession - the Soviet or pre-Soviet republics. Ukraine inherited the Constitution of the USSR of 1918-1978, the Baltic States - the republics that existed before their occupation in 1940. This approach to solving the problem led Ukraine and the Baltic States to the opposite results of comprehensive development. The raised topic is too relevant, as the election of Ukraine to the succession of the Soviet constitutions of 1918-1978 proved to be a destructive factor in statehood. The purpose of the study is to identify the features of Ukraine's succession. To achieve this, the Basic Laws of the USSR of 1918-1978, as well as scientific methods and principles of research were used. The main of them was a comparative analysis of the subject of study, which was the core of achieving this goal. Its application helped to identify differences in the choice of succession to Ukraine and the Baltic States after gaining independence, its features and practical consequences. The principles of determinism and retrospective analysis ensured the establishment of causal relationships between processes. The systematic method facilitated the consideration of Ukraine and the Baltic States as equivalent units, in accordance with the requirements of which the research problem was formulated. The use of the principle of historicism made it possible to identify the significance of processes in the context of different epochs. The method of objectivity, coupled with the principle of historicism, helped to avoid traditional assessments of events, facts, government, and so on in Soviet science. Structurally complex method, classifications, normative-legal approach, principles of analogy and logical analysis made it possible to divide the constitutions of different states and epochs into separate groups, identify their importance in the study process, formulate general conclusions, establish radical opposition to Ukraine and the Baltic states and identify their specific strategic outcomes. The author came to the conclusion that the peculiarity of Ukrainian entrepreneurship is the entrepreneurship of the Ukrainian SSR, the inability to solve strategic problems of domestic and foreign policy, which have been put forward in recent times. The peculiarity of the succession of the Baltic states was the inheritance of the republics that existed before the occupation in 1940, which created the preconditions for the successful solution of strategic tasks of domestic and foreign policy.

The Impact of Constitutional Norms and Principles on Constitutional Economics

The paper considers the problems of constitutional and legal regulation in the sphere of the Russian economy; the thesis that the Constitution of the Russian Federation defines the essential features of the economy is investigated and substantiated. On the one hand, the effectiveness of constitutional legal norms depends on the state of the economy, and on the other hand, it is possible to ensure the effectiveness of the economy only through constitutional norms (norms-principles).The paper examines the genesis of constitutional legal regulation in the field of economic relations. The norms and principles enshrined in the Soviet constitutions are analyzed. The foundations of the economic system in the Soviet period were characterized by the absence of private property rights, free competition and other economic principles. Proclamation of the new economic policy in the 20s of the 20th century entailed the formation and development of private law trends. Many of its supporters were subjected to repression in the 30s of the 20th century. The adoption of the new Constitution in 1993 led to the emergence of new directions in social development and the formation of principles in legal regulation in the economic sphere. The fundamental principles of the Constitution of the Russian Federation have the most powerful influence on the development of market relations. They determine the effectiveness of the state system, state regulation of the economy, establish the economic and social functions of the state. The place and role of the constitutional economy in the system of legal reality of Russia are determined. The constitutional foundations of the state are considered as elements of legal reality. The steady expansion of the subject of constitutional regulation in the aspect of economic relations is noted. The Constitution does not just set general standards for the regulation and development of the economic sphere, but influences the norms of other branches of law in such a way that they acquire constitutional and legal content and should be interpreted in the light of constitutional values.

P. I. Stuchka on the national component in the Soviet constitution (a brief introduction by S. Kodan)

P. I. Stuchka on the national component in the Soviet constitution (a brief introduction by S. Kodan)

CONSTITUTIONAL MODERNIZATION OF THE INSTITUTION OF LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION

The article is an analytical study of the changes that have occurred as a result of the reform of the federal land of the Russian Federation. The authors consider the modern constitutional reform as a comprehensive systemic modernization of not only public administration bodies but also the social development of the country as a whole. The problem lies in the methodology of historical and legal discourse. Within the framework of the stated topic, the historical dynamics of constitutional changes and assessments of the institution of local self-government in Russia is analyzed. The authors historically consistently characterize the development of theoretical views on the problems of the institution under study, the features of the implementation of local self-government and its interaction with state bodies at different stages of historical development. The article analyzes the positions of Soviet constitutionalism in the field of public administration, and also attempts to assess the current state and modernization trends in connection with the latest amendments to the Russian Constitution. The analysis showed that the formed modern system of local self-government is the result of a long historical development of Russian society, which reflects the socio-cultural, political and economic features of both local territories and the state as a whole. The constitutional consolidation of the concept of “single system of public administration” is based on the key idea that building a unified system of public authority in Russian conditions can be progressively developed and be successfully implemented only within the framework of establishing a new balance of delineation of powers between all levels of government and their interaction on the basis of constructive dialogue. The authors come to the conclusion that an objective and systematic assessment of the change in the status of local governments in the updated structure of public authority can be fully implemented only after the completion of the process of reviewing federal and regional legislation based on the content of the norms of the updated Constitution, and their further application in practice.

On the program provisions of domestic constitutions of the period of soviet constitutionalism

On the program provisions of domestic constitutions of the period of soviet constitutionalism

EVOLUTION OF THE PRINCIPLE OF INTERNATIONALISM IN SOVIET CONSTITUTIONS

The Soviet Constitution of July 10, 1918, possessed a unique feature in the panorama of the constitutional charters of the last two centuries: the proclamation of the principle of internationalism. Even if that constitutional charter remained ineffective, especially in the project of political and economic emancipation of the entire society - imitated by the Jacobin charter of 1793, from which it was inspired - the principle of internationalism was not only of great significance (given that the First World War produced a hardening of borders) but also produced considerable practical effects. In fact, it allowed many fugitives who had sought refuge in Soviet Russia to escape and enjoy the political rights enjoyed by Russian citizens. It prohibited any discrimination and granted the right to vote and stand for election to the soviets, even to persons without residence or nationality. However, «class» internationalism was abandoned with Stalinism, with its repressions and closures, and then with the successive Soviet Constitutions, which over the decades erased the revolutionary principles and practices of the origins. Despite the fate of this principle in the subsequent Soviet constitutional evolution (examined here in comparative form), it remains an interesting topic of inquiry and a point of reference for contemporary migration studies.

Socialist idea and methods of constitutional implementation in 1918

This article demonstrates that socialism was the key political concept for the nascent Soviet constitutionalism. The matter is that the political-legal ideas of V. I. Lenin underlied the ideology of Bolshevism, which became the basis of the entire legal system of the Soviet state. The author traces the evolution of socialist ideas and their reception by the Russian social democracy. In the Bolshevik party, the idea of a socialist society has acquired rather utopian and radical forms than the initial European model. This was associated with the fact that socioeconomic, political and cultural conditions dictated certain framework for the implementation of socialism. The Communist Party had to establish the socialist principles and fundamentals of the Soviet society on the constitutional level. This led to robust debates on the issue in the constitutional commission. The discourse that emerged due to the adoption of the Constitution of the RSFSR of 1918 is poorly reflected in the scientific publications; therefore, the author provides brief biographical data of the key members of the constitutional commission. This allows correlating the political-legal ideas with the historical and personal contexts. It is worth noting that such concepts as “socialist society”, “association” and “union” underlie the comprehension of the essence of state and law. This served as the basis for further discussion of the goals and objectives of the councils, first steps, as well as rights and responsibilities of citizens.

The right of nations to self-determination as the fundamental principle of Soviet federalism

The subject of this research is the process of establishment and development of the right of nations to self-determination as the fundamental principle of Soviet federalism. The author carefully examines the origin and evolution of the idea of the right of nations to self-determination within the environment of the revolutionary social democracy; the concept, characteristics and principles of the right of nations to self-determination; the normative unification of the right of nations to self-determination with the federal principle of government system in the Soviet constitutions; variations of exercising this right within the framework of socialist federal state. Special attention is given to the evolution of the right of nations to self-determination and the transformation of its goals at different stages of the development of Soviet State. The novelty of this research consists in formulation of the original definition of the right of nations to self-determination in the context of phenomenology of the Soviet federalism. The key characteristics of this right are outlined: 1) suggests multivariance of implementation; 2) drags on time depending on the socioeconomic and political-legal development of the nation; 3) implies adequacy of implementation to the level of collective national sociocultural and political self-identity, etc. The principles of the right in question are determined : 1) priority of actual self-determination in relation to legal formalization if the latter is mandatory; 2) definiteness of the right of nations to self-determination via national declaration of will with regards to legitimation by the positivistic attitudes of the state; 3) evolution in chronological perspective from the national legal nature towards international legal level, etc. The author derives the criteria and classifies the right of nations to self-determination based on them. Description is given to the peculiarities of regulation and implementation of the right of nations to self-determination in accordance with the development stages of the Soviet Federation The author's special contribution lies in the establishment of dialectical link between the formational and civilizational approaches towards comprehension of the essence of the right of nations to self-determination through the prism of the European and Russian social democracy.

State territory issues in Soviet constitutions

All Soviet constitutions contained provisions concerning the organization of the territory of the state. In the first Soviet constitutions, the issues of territory were reflected in the articles establishing the system of local authorities and establishing the right of nations to self-determination. Ethnic diversity, differences in the social and legal life of national communities, made this idea close to both the official state-legal doctrine and the Bolshevik party program, which stated the need for regional self-government for localities that differ in special living conditions and the composition of the population. Starting with the Constitution of the USSR in 1936, the main law began to list the administrative-territorial and national-territorial units within that state.

CONSTITUTIONAL PROCESS IN THE USSR DURING THE CRISIS OF THE SOVIET SYSTEM (SECOND HALF OF THE 1960’S – FIRST HALF 1980’S)

The article analyzes the constitutional processes in the Ukrainian SSR during the crisis of the Soviet system (the second half of the 1960s – the first half of the 1980s) on the basis of a wide range of historical and legal sources. The study was conducted taking into account the general trends of Soviet constitutionalism of the time. The paper also analyzes party documents, which have always been the ideological basis of legal processes in the USSR and the Ukrainian SSR. The author researches the consolidation of the ideology of advanced socialism in the Constitution of the USSR in 1978 and the implementation in the constitutional legislation of the republic of fundamental international rights and freedoms, which were ratified by the USSR and the USSR as subjects of international law. The paper also analyzes the constitutional foundations of the system of state power in the republic. The main normative-legal acts, which determined the main directions and principles of activity of higher, central and local bodies of state power, their competence and powers, are analyzed. It is emphasized that the Constitution of the USSR in 1978 did not reflect a number of fundamental rights, among them one of the central international rights – the right to life. Under the existence of a one-party system and a Soviet authoritarian regime, it was also impossible to exercise political rights and freedoms and most personal rights and freedoms. It is stated that the Constitution of the USSR in 1978 did not make significant changes in the structure and powers higher, central and local authorities. Emphasis is placed on the fact that in the construction of the system of state power the Basic Law of the republic did not take as a basis the principle of separation of powers, did not create a system of checks and balances, established a rigid vertical subordination of authorities. Although local authorities had some elements of local self-government, but, in general, the basic principles of decentralization and genuine popular governance were violated. They were under party leadership. The author emphasizes that the constitutional processes in the republic during this period were not independent for center and were subject to strict ideological and party control of the Communist Party.