Basic provisions. The Soviet Union of 1924 completed the formalization of a fundamentally new state—the Union of Soviet Socialist Republics. It essentially replaced the union treaty adopted by the First All-Union Congress of Soviets. The Fundamental Law of the USSR was a new stage in the history of Soviet constitutional construction, reflecting at the same time a certain continuity of principles and ideas, linking it with the constitutions of the republics, primarily with the Russian, as well as with the Transcaucasian. K. refers to the competence of the union the organization and leadership of the armed forces, as well as the declaration of war and the conclusion of peace. Broadly and in detail defines the fundamental law of the law of the Union of the USSR in the sphere of international relations—half-x and ex-x. K. transfers to the jurisdiction of the union representation in international relations with other states, changing the external borders of the Union, the conclusion of external loans, the ratification of international treaties, the management of foreign trade, the conclusion of concession agreements. K. attributed the general management of the national economy and its branches to the jurisdiction of the Union.
The Basic Law also referred the union to the establishment of the foundations of the judiciary, the foundations of the civil and criminal legislation of the USSR, the establishment of basic labor laws, general principles in the field of public education, general measures in the field of public health protection, the organization of all-Union statistics, the right to amnesty, the resolution of disputes between allied republics. Much attention O.z. devotes also to the guarantees of the rights of the members of the Union—the union republics. O.z. contains a special chapter interpreting the sovereign rights of these republics. The very structure of delimiting the rights of the Union and its members is built in such a way as to protect the independence of the latter. As for the rights of the members of the Unions, they are unlimited in nothing, with the exception of those areas that have been transferred to the union state. The legislator specifically emphasized some of the most important rights of the members of the USSR. Article 4 of the Constitution enshrines the Union Republics the right to freely secede from the Union. The right of the Union republics to the invariability of their territory is also specially emphasized. Such a change is admissible only with the consent of each interested republic. The sovereign right of the union republics was also the right to own citizenship. It was combined with the right of citizens of each republic to be considered citizens of the Soviet Union. Thus, K. proceeded from the idea of limited sovereignty of both the union state as a whole and its members, from the idea of delimiting the sovereign rights of the Union and the republics, their harmonious combination. The structure of the Constitution of 1924: 2 sections: 1) Declaration on the formation of the USSR 2) Treaty on the formation of the USSR. 1) The declaration formulated the principles of unification (voluntariness and equality), the special nature of the national policy of the Soviet state. 2) The agreement included 11 chapters: On the jurisdiction of the supreme authorities of the USSR, On the sovereign rights of the union republics and on union citizenship, On the Congress of Soviets, On the Central Executive Committee, On the Presidium of the Central Executive Committee, On the Council of People’s Commissars, On the Supreme Court, On People’s Commissariats, On United State-nom semi-m administration, On the union republics; About the coat of arms, flag and capital.
40. The system of higher authorities under the Constitution of the USSR of 1924. The supreme authority was the Congress of Soviets of the USSR, elected from the city Soviets and from the provincial congresses of Soviets. In the period between congresses, the Central Executive Committee of the USSR was the highest authority. The Central Executive Committee consisted of the Union Council, which was elected by the congress from representatives of the republics in proportion to their population, and the Council of Nationalities, which consisted of representatives of the union and autonomous republics and autonomous regions. The CEC worked in session. Between sessions of the Central Executive Committee of the USSR, the Presidium of the Central Executive Committee of the USSR, elected at a joint meeting of the chambers, was the highest legislative and executive body. The Presidium of the Central Executive Committee could suspend the decisions of the congresses of the Soviets of the Union republics and cancel the decisions of the Council of People’s Commissars of the USSR, the People’s Commissariats of the USSR.
The Central Executive Committee of the USSR formed the highest executive and administrative body – the Council of People’s Commissars, which included the chairman of the Council of People’s Commissars, his deputies and 10 people’s commissars. All-Union people’s commissariats acted on the territory of the union republics through representatives, united – through the homonymous people’s commissariats of the union republics. A number of people’s commissariats were republican: justice, internal affairs, education, social security. Each republic that was part of the USSR had its own Council of People’s Commissars. The Constitution provided for the creation of the Supreme Court under the Central Executive Committee of the USSR, which was also entrusted with the functions of the Constitutional Court. The right to amend the Constitution was granted to the All-Union Congress of Soviets; The change in the status of the union republics in the process of the formation of the USSR was expressed in the fact that they became part of the federal union and fell under the subordination of its authorities and administration. The provisions of Kon-ii gave the center significant powers to control the periphery and were aimed at creating a new polit. culture.
41. Changes in the social system and the political system of the USSR in the 1930s .
In the 1930s in the USSR there were significant changes in the economy, which led to changes in public life. The most important element was the transformation of industry, which was created through the construction of numerous new plants and factories. The industrialization of the country took place in difficult conditions, since the internal resources of the state after the Civil War were small. The Soviet state had to mobilize all internal resources in order to earn the currency necessary for the purchase of foreign machinery and equipment, the traditional sources of foreign exchange earnings were also used to the maximum – the export of timber, grain, etc. As a result of industrialization, an industry was created, which was mainly state -Noah. In agriculture, there were also state-owned enterprises – state farms, but in the early 1930s. there were relatively few of them, the bulk of rural farms were individual peasants. The level of production of agricultural products could no longer meet the needs of the country. It was necessary to intensify agricultural production, to make it more marketable. At the same time, the party leadership made a bet on speeding up the pace of collectivization of agricultural coercive measures. The artificial acceleration of the process led to the resistance of the peasantry, including in armed forms: at the beginning of 1930, more than 2000 anti-collective farm actions of the peasants took place. The forced formation of collective farms led to the fact that from the very beginning they were economically weakened, which was especially reflected in animal husbandry. During the years of the first five-year plan, the level of agricultural production decreased, at the same time, the volume of state procurements doubled, which was one of the causes of the famine in 1932-1933. At the same time, new investments were made in agriculture , the village began to be better supplied with agricultural machinery. As the most gross administrative violations were eliminated, the collective farms began to gradually get on their feet. The social consequences of collectivization were the socialization of the means of production, which meant the building of socialism in agriculture. Centralized planned management of the economy was supposed, which did not exclude commodity-money relations, however, the main goal of production was not to ensure the economic efficiency of work, but to produce this or that product at any cost. The losses of enterprises were covered by the state budget, that is, by profitable enterprises. Changes in the economy also affected the structure of society. The private sector and those associated with it were squeezed out of industry. In the countryside, a layer of kulaks was liquidated by violent methods: property is being taken away, evicted, and even deprivation of liberty of kulaks and their families.
42. The development of Soviet law in the 1930s. A law in the formal sense is an act adopted by a representative body; in a material sense, it is an act that does not necessarily come from the legislature, but contains norms of general significance. According to the K. 1936, the formal and material aspects of Soviet law always coincide. From the 30s. more and more government decrees began to be adopted jointly with the Central Committee of the All-Union Communist Party of Bolsheviks. Party decisions actually acquired the character of normative acts. The doctrine of “socialist legality” proceeded from the normative conception of law. The victory of normativism, however, did not mean the establishment of the rule of law: the principles of expediency, the analogy of objective imputation, were preserved. Soviet law had an imperative character.
The narrowing of civil rights in the areas of labor, collective farm and criminal law was especially obvious. Rural residents often did not receive passports and were actually tied to their place of residence. In 1939, the system of agricultural tax was changed, which included progressive income taxation of personal plots and exemption from tax on the workdays received by collective farmers. The state sought to consolidate the labor force on collective farm lands. In July 1940, instead of the existing 7- and 6-hour working days, an 8-hour working day was established; instead of a 5-day work week – 6 days. A month later, a new decree forbade the unauthorized departure of workers from enterprises. In April 1936, the institution of patronage was introduced: orphans and children taken from their parents by court order could be transferred to other families for upbringing. In June 1936, he adopted a resolution of the Central Committee and the Council of People’s Commissars of the USSR “On the prohibition of abortions, increased material assistance to women in childbirth, the establishment of state assistance to large families. In April 1935, by a decree of the Central Executive Committee and the Council of People’s Commissars of the USSR, criminal liability was established for serious crimes (murder, rape , mutilation, theft) for minors under the age of 12. For all other crimes (according to the May 1941 Decree), liability was established from the age of 14.
43. Development and adoption of the Constitution of the USSR in 1936. In the autumn of 1935, the Central Executive Committee of the USSR created a Constitutional Commission chaired by Stalin and 12 subcommittees. On June 12, 1936, the draft Constitution was published and discussed over the next 6 months at all levels. Operated until 1977. I.V. was directly involved in the work on the text of the constitution. Stalin. The author of the main part of the text was subsequently repressed N. I. Bukharin. The Constitution of 1936, according to the authors’ intention, was to reflect an important stage in the history of the Soviet state – the building of socialism. For the first time, 75 million people participated in its discussion, 1.5 million proposals, additions, and amendments were made, published in the periodical press. Proposals that contradicted the political course of the party (for example, to allow private property or liquidate collective farms) were not published, and were preserved in the archives under the name “Hostile Responses”.
The Plenum of the Central Committee of the All-Union Communist Party of Bolsheviks decided to submit a proposal on behalf of the Central Committee of the All-Union Communist Party of Bolsheviks to change the Constitution of the USSR. The changes concerned two directions: 1) the implementation of the democratization of the electoral system in terms of replacing incompletely equal elections with equal ones, multistage elections with direct ones, open voting with closed ones; 2) concretization of the socio-economic basis of the constitution, that is, bringing the Basic Law into line with the resulting balance of class forces in the state (creation of a modern, socialist industry, defeat of the kulaks, triumph of the collective farm system, recognition of socialist property as the basis of Soviet society). The proposal of the Central Committee of the All-Union Communist Party of Bolsheviks was fully approved by the VII Congress of Soviets of the USSR, which was held from January 29 to February 6, 1935. Many prominent party, public, military figures, scientists, representatives of the republics took part in the development of the project: Kalinin (Deputy Chairman of the Constitutional Commission), Bukharin, Ordzhonikidze, Bubnov, Krylenko, Yakovlev, Tukhachevsky, Akulov. In May, a draft document was prepared and published on June 12, 1936, after which it was discussed for six months. On November 25, 1936, the work of the Extraordinary VIII Congress of Soviets of the USSR began in Moscow, where the discussion of the project began. After Stalin’s report, 56 delegates spoke in the debate. To develop the final version of the constitution, taking into account the amendments and proposals made, the congress elected an editorial commission, which made a number of changes to the original version of the text. The Extraordinary VIII Congress of Soviets of the USSR in 1936, on December 5, through a vote item by article, and then completely unanimously approved the project of the Constitutional Court of the USSR. The day of the adoption of K. – December 5 – was declared a national holiday. The congress also decided to hold the next elections of Soviet bodies according to the new electoral system.
44. The state structure of the USSR, the Union and Autonomous Republics, local bodies of state power under the Constitution of the USSR of 1936. The supreme body of state power under the Constitution of the USSR of 1936 is the Supreme Soviet of the USSR. It is also the only legislative body of the USSR. Art.13. The USSR is a union state formed on the basis of a voluntary union of equal Soviet Socialist Republics: Russian, Ukrainian, Belarusian, Uzbek, Kazakh, Georgian, Azerbaijani, Lithuanian, Moldavian, Latvian, Kirghiz, Tajik, Armenian, Turkmen, and Estonian. Art.14. The following shall be under the jurisdiction of the USSR, represented by its highest organs of state power and organs of state administration: a) the representation of the USSR in international relations, the conclusion of treaties between the USSR and other states, the establishment of a general order in the relations of the union republics with foreign states; b) issues of war and peace; c) the admission of new republics to the USSR; d) control over observance of the Constitution of the USSR and ensuring the conformity of the Constitutions of the Union Republics with the Constitution of the USSR; e) approval of changes in the borders between the union republics; f) approval of the formation of new autonomous republics and autonomous regions within the union republics; g) the organization of the defense of the USSR, the leadership of all the Armed Forces of the USSR, the establishment of the guiding principles for the organization of military formations of the Union republics; k) approval of the unified state budget of the USSR and a report on its implementation, establishment of taxes and revenues received for the formation of the budgets of the union, republican and local; Art.15. The sovereignty of the union republics is limited only within the limits indicated in Article 14 of the Constitution of the USSR. Outside these limits, each union republic exercises state power independently. The USSR protects the sovereign rights of the union republics. Article 18. The territory of the Union republics cannot be changed without their consent.
Chapter VIII LOCAL BODIES OF STATE POWER. Art.94. State bodies. the authorities in the territories, regions, autonomous regions, districts, districts, cities, villages are the Councils of Working People’s Deputies. Art. Article 101. The executive bodies of the Soviets of Working People’s Deputies are directly accountable both to the Council of Working People’s Deputies that elected them, and to the executive body of the superior Soviet of Working People’s Deputies.
The rights, freedoms and duties of citizens and the electoral system under the Constitution of the USSR of 1936. Citizens of the USSR have the right to work, to rest, to material security in old age, as well as in case of illness and disability, to education, equality between men and women, the right to associate in public organizations is provided. In accordance with the interests of the working people and in order to strengthen the socialist system, the citizens of the USSR are guaranteed by law: freedom of speech; printing; meetings and rallies; street processions and demonstrations. Every citizen of the USSR is obliged to abide by the Constitution of the USSR, obey the laws, observe labor discipline, treat public duty honestly, and respect the rules of socialist coexistence. Art.131. Every citizen of the USSR is obliged to protect and strengthen public, socialist property as the sacred and inviolable foundation of the Soviet system, as a source of wealth and power for the Motherland, as a source of a prosperous and cultural life for all working people. Art.132. Universal conscription is the law. Art.133. Defense of the Fatherland is the sacred duty of every citizen of the USSR. Treason to the motherland: violation of the oath, going over to the side of the enemy, damaging the military power of the state, espionage – are punished to the fullest extent of the law, as the most serious crime. The Communist Party of the USSR in 1936 made changes to the electoral system. It proclaimed universal suffrage without any restrictions. Also, this K. made the transition to direct elections of all parts of the Soviet representative system, which was intended to strengthen people’s control over the activities of state bodies. authorities, to increase the response of deputies to voters.
46. Nation-state construction in the 1930s – 1940s. In 1936, the ZSFSR was transformed, which broke up into three union republics: Georgia, Armenia, Azerbaijan. Kyrgyzstan (since 1926) and Kazakhstan (since 1920), which existed as autonomous republics, were transformed in 1936 into union republics. In 1939-40. the territory of the USSR is expanding within the framework of an agreement between the USSR and Germany. The operations were built according to a single plan: at the beginning, Soviet troops occupied the territories, then plebiscites and “people’s assemblies” made decisions on joining the USSR. In October 1939, the Supreme Soviet of the USSR decided to include Western Ukraine into the Ukrainian SSR and Western Belarus into the Byelorussian SSR. In March 1940, after the war with Finland, part of the territory that previously belonged to Finland was annexed to the Karelian Autonomous Republic, and the latter was transformed into the Karelian-Finnish SSR. In August 1940, the Supreme Soviet of the USSR decided to include the territories that were previously part of Romania into the Ukrainian SSR and the newly formed Moldavian SSR (part of Bessarabia). In August 1940, the Supreme Soviet of the USSR decides to include the Baltic republics in the federation. In October 1944, Tuva became part of the USSR as an autonomous region. By the end of the war, Ukraine and Belarus are entitled to direct relations with foreign states. At the end of the war, the two union republics (Ukraine and Belarus) became the original members of the UN. The organization of Ukrainian nationalists, which under the Germans tried to create Ukrainian governments in Lvov and Kyiv, in July 1944 created the Supreme Council for the Liberation of Ukraine and the Ukrainian Insurgent Army. Until 1948, anti-Soviet partisan formations operated in the Baltic regions. Their resistance was crushed (as in Western Ukraine). In June 1946, a decree was issued by the Supreme Soviet of the USSR on the expulsion of a number of nationalities “for collective betrayal”. In fact, they began to expel earlier: before the war, Poles, Finns, Balts, in August 1941, Germans from the Volga region moved, from October 1943 to June 1944. Crimean Tatars, Chechens, Ingush, Kalmyks, Karachays, Balkars, Greeks, Turks, Kurds were deported to Siberia and Central Asia. In 1950, Jews began to be deported from the Moscow region.