The political system of the Soviet state constitution 1977. The new constitution of the ussr

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USSR Constitution of 1977- the constitution of the USSR, which was in force from 1977 to 1991. It was adopted at an extraordinary session of the Supreme Soviet of the USSR of the ninth convocation on October 7, 1977.

The first edition did not significantly change the political system. 1977 constitution- went down in history as the "Constitution of developed socialism."

The Constitution of 1977, unlike the previous ones, consists of large sections devoted to the foundations of the social system and policy of the USSR, the problem of the relationship between the state and the individual, and the national-state structure of the country. The former constitutions characterized the Soviet state as a state of workers and peasants. The Basic Law of 1977 includes the intelligentsia in this formula.

The 1977 constitution consisted of a preamble (introduction), 9 sections, 21 chapters, 174 articles.

In the preamble, a generalized assessment was made of the historical path traversed by Soviet society in the 60 years after the victory of the October Revolution, and a description of Soviet society as "a developed socialist society, as a natural stage on the path to communism" was given.

Section I, "The Fundamentals of the Social System and Policy of the USSR," fixed the general principles of the socialist system and the main features of a developed socialist society. In Section I, in the first chapter, "The Political System," it is stated that the USSR "is a socialist state of the whole people, expressing the will and interests of the workers, peasants, intelligentsia, and working people of all nations and nationalities of the country."

Article 6 of Section I legislated the leading and guiding role of the CPSU, which was the core of the political system of a developed socialist society. An important role in the political system of the society of trade unions, the Komsomol and other mass public organizations was fixed by law.

The possibility of the existence of other parties was not mentioned in the Constitution; The Constitution recognized only the right of citizens to "unite in public organizations" (Article 51).

In 1990, significant amendments to the 1977 Constitution were adopted, in particular, a multi-party political system was introduced. At the same time, the new wording of Article 6 retained the mention of the CPSU, which makes it possible to characterize the established political system as a system with a dominant party.

In chapter two, "The Economic System," it was stated that the basis of the economic system of the USSR is socialist ownership of the means of production, which exists in two forms: state (nationwide) and collective-farm-cooperative.

On March 14, 1990, Article 10 was reworded, according to which the property of Soviet citizens and state property were declared the basis of the economic system of the USSR.

Article 16 consolidated the principle of state planning of the economy, at the same time it assumed a combination of centralized management with economic independence and the initiative of enterprises, the use of cost accounting, profit, cost and other economic levers and incentives

In the third chapter, "Social Development and Culture," it was determined that the social basis of the USSR is the indestructible alliance of workers, peasants, and intelligentsia.

Section II of the Constitution "State and Personality" contained the rights and freedoms of citizens. While fully preserving the rights and freedoms guaranteed to the Soviet people by the Constitution of 1936, the new Constitution expanded the list of rights and freedoms of Soviet citizens. In particular, the following were added to the number of political rights and freedoms: the right to participate in the management of state and public affairs, in the discussion and adoption of laws and decisions of national and local significance; the right to submit proposals to state bodies and public organizations to improve their activities, to criticize shortcomings in their work; the right to judicial protection against encroachments on honor and dignity, life and health, personal freedom and property, etc.

Section III of the Constitution was devoted to the national-state structure of the USSR. It retained the principles of the federal structure of the USSR. The new Constitution strengthened the guarantee of the rights of sovereign republics. The Constitution secured broad rights for the deputies of the Soviets, who were "plenipotentiary representatives of the people in the Soviets of People's Deputies." The USSR Constitution of 1977 proceeded from the principle of continuity in regulating issues of the national state structure of the USSR.

There were no significant changes in the structure of the highest state bodies. The Supreme Soviet of the USSR, as under the Constitution of 1936, was the highest state body. The term of his office was only increased - from 4 to 5 years. The Supreme Council still consisted of two equal chambers: the Council of the Union and the Council of Nationalities, numbering 750 deputies each. The principle of its formation has not changed. The sessional nature of the work has not changed either. Between sessions of the Supreme Council, its functions were performed by the permanent Presidium of the Supreme Council. The highest executive and administrative body was the Council of Ministers of the USSR, accountable to the Supreme Council and its Presidium. The structure of the republican supreme bodies of power and administration repeated the federal one.

The 1988 revision of the constitution replaced the Supreme Soviet of the USSR with the Congress of People's Deputies, the number of candidates for which was not to be limited; Between congresses of people's deputies, there was a body that was called the "Supreme Soviet of the USSR" and consisted of two chambers - the Council of Nationalities and the Council of the Union, the Presidium of the Supreme Council became the organizational body of the Supreme Council, and most of the powers of the Former Presidium of the Supreme Council passed to the one introduced by the same amendments position of Chairman of the Supreme Council. Local Executive Committees were abolished, and their powers were transferred to the chairmen of local councils of people's deputies; small councils could be formed under the council of people's deputies. The same amendments created the USSR Constitutional Supervision Committee. The 1990 edition introduced the positions of the President of the USSR and heads of local administrations.

On April 12, 1978, the Constitution of the RSFSR was adopted, which textually repeated the main provisions of the Constitution of the USSR, but regulated the administrative-state and administrative-territorial structure of the RSFSR in more detail.

Many provisions of the 1977 Constitution were aimed at ensuring the rule of law in the country. For the first time, the principle of legality was fixed (Article 4) as one of the principles of the political system of society. Art appeared. 57, saying that "respect for the individual, protection of the rights and freedoms of citizens is the duty of all state bodies, public organizations and officials."

The significance of the Constitution of the USSR of 1977 in the development of the state (constitutional) law of Russia and its sources is very great. Its adoption became the most important stimulus and starting point for a whole period in the development of legislation on the social and state system. A thorough analysis of the sources of state law of the Soviet period allows us to conclude that constitutional legislation has a paramount place in the whole stage of development, which is connected precisely with the adoption and entry into force of the Constitution of the USSR in 1977, with its further fate. The USSR Constitution of 1977, in the context of the entire legal infrastructure, laid down many humanitarian and democratic principles, which, albeit difficultly and not immediately, but irresistibly unfolded even in stagnant times.

The constitution was designed to specify many of its provisions in the current legislation. After all, most constitutions have a direct impact on social relations only in a certain part of the structure of the state, state power. In all other respects, they play the role of a legal fundamental principle with indirect action. And as soon as the shackles of stagnation were removed from the legislator, the legal potential of the Constitution began to be realized.

The most incredible thing (for the period of the late 70s) that the Constitution did was that it laid the first legal “bomb” under the administrative command system. This “projectile”, which lacked the fuse, the action of which was slowed down by history, consisted in the redistribution of powers between the highest bodies of state power and administration. But it is precisely the traditional prevalence of the latter over the former that is one of the Atlanteans on whose shoulders the Russian bureaucracy rests. If in Art. 31 of the Constitution of the USSR of 1936, it was said that the Supreme Soviet of the USSR exercises all the rights assigned to the Union of the SSR, since they are not within the competence of bodies accountable to it (i.e., the competence of the highest representative body was "limited" from below by the competence of the executive bodies), then Art. 108, 130 and 131 of the Constitution of the USSR of 1977 secured the right of the Supreme Soviet of the USSR to resolve all issues without exception that were within the jurisdiction of the USSR, and the powers of the union government were limited by the powers of the highest authority.

The Constitution set a course for the development of forms of democracy, for the first time the term “political system” was introduced into legislative circulation, the right of public organizations to participate in the management of state and public affairs was fixed. And although little was implemented over the course of a whole decade, even this negative result played a positive role later: the discrepancies between the provisions of the Constitution and the real state of affairs most clearly highlighted the accumulated problems, which contributed to the speedy understanding and evaluation of what happened in the political system in the first years of perestroika. deformation system.

The USSR Constitution of 1977, like the previous Soviet constitutions, was traditionally Russian, i.e. predominantly collectivist in many ways put the interests of society ahead of the interests of the individual. But the mere fact that in the structure of the Basic Law the section on the relationship between the state and the individual was restored to its corresponding second place after the foundations of the social system and politics, and the content of the section itself was significantly expanded, is a significant step forward.

In 1962, a Constitutional Commission was formed to draft a new Basic Law for a society of "developed socialism."

Work on the Constitution took a long time, the final draft was prepared only in May 1977.

At the same time, the project was approved by the Plenum of the Central Committee of the CPSU. The Presidium of the Supreme Soviet of the USSR adopted the Decree "On the Draft Constitution of the USSR", on the basis of which the draft was submitted for public discussion, and a session of the Supreme Council was scheduled for October, designed to finally consider the corrected and supplemented draft. At the 7th Extraordinary Session, the Supreme Soviet adopted a Declaration on the Adoption and Announcement of the Constitution of the USSR.

The construction of a "developed socialist society" and the creation of a "nationwide state" were stated. The goal was to build a "classless communist society" based on public self-government.

Socialist ownership of the means of production was recognized as the basis of the economic system, and the Soviets of People's Deputies were recognized as the basis of the political system.

The May (1977) Plenum of the Central Committee of the CPSU considered the draft Constitution of the USSR submitted by the Constitutional Commission and approved it in the main. Following this, the Presidium of the Supreme Soviet of the USSR adopted a decree on submitting the draft for a nationwide discussion.

On June 4, 1977, the draft of the new Constitution of the USSR was published in the central and local press. Its nationwide discussion began, which lasted about four months.

During the discussion, 180,000 letters were received from the working people of the country. In general, during the nationwide discussion, about 400 thousand proposals were received aimed at clarifying, improving and supplementing the draft Constitution.

Many proposals made during the nationwide discussion were taken into account and used in finalizing the draft Constitution. At an extraordinary session of the Supreme Soviet of the USSR of the ninth convocation, the draft of the new Basic Law of the USSR was subjected to a comprehensive discussion, and 118 articles were amended and one more article was added.

On October 7, 1977, the Supreme Soviet of the USSR unanimously approved the Constitution of the USSR. It was divided into a preamble, 21 chapters, 9 sections and contained 174 articles.

The constitution consisted of nine sections:

I. Fundamentals of the social system and politics;

II. State and personality;

III. National-state structure;

IV. Councils of People's Deputies and the procedure for their election;

V. Supreme authorities and management;

VI. Fundamentals of building public authorities and administration in the Union republics;

VII. Justice, arbitration and prosecutorial supervision;

VIII. Coat of arms, flag, anthem and capital;

IX. The operation of the Constitution and the procedure for its application.

For the first time in Soviet constitutional history, the preamble became an integral part of the Basic Law. It traced the historical path of Soviet society, as a result of which a developed socialist society was considered. The preamble gave a description of the main features of this society.

Article 1 spoke of the Soviet state as a socialist state of the whole people, expressing the will and interests of the workers, peasants and intelligentsia, the working people of all nations and nationalities of the country.

As an economic basis, the Constitution retained socialist property.

One of the characteristic features of the Constitution of the USSR in 1977 was the expansion of the limits of constitutional regulation. It deals with issues related to the protection of nature, ensuring the reproduction of natural resources and improving the human environment.

For the first time in the history of Soviet Constitutions, the Basic Law of 1977 directly enshrined the principle of socialist legality as one of the basic principles of the activity of the state, its bodies and officials (Article 4).

A special article was devoted to strengthening the leading role of the Communist Party in the political system of the USSR (Article 6). The Constitution presented the political system of the USSR (the state of the Soviets, public organizations, labor collectives) as a single mechanism for the implementation of democracy under the leadership of the Communist Party, which is the core of this system.

The USSR Constitution of 1977 significantly expanded the set of rights and freedoms of citizens. The following were fixed: the right to health care, the right to housing, the right to use cultural heritage, the right to participate in the management of state and public affairs, to make proposals to state bodies, to criticize shortcomings in their work.

The Constitution of the USSR of 1977 for the first time in Soviet constitutional legislation provided for the right of citizens to appeal against the actions of any officials in court (Article 58). But there was no mechanism for exercising this right.

The duties of citizens were described in more detail in the Constitution of the USSR of 1977. The main duties of citizens were to observe the Constitution and laws, work conscientiously and maintain labor discipline, protect the interests of the state and help strengthen its power, strengthen the friendship of nations and nationalities of the country, protect socialist property, fight waste and promote the protection of public order, protect nature and cultural monuments. . The Constitution established the obligation to carry with dignity the high title of a citizen of the USSR, to defend the socialist Fatherland, to promote the strengthening of friendship and cooperation between peoples.

Section I of the Constitution also contains new chapters on social development and culture, on the foreign policy of the USSR and the defense of the socialist Fatherland.

Shortly after the adoption of the Constitution of the USSR in 1978, new Basic Laws of the Union and Autonomous Republics were adopted, which corresponded to the Constitution of the USSR and took into account the peculiarities of the republics. The Constitution of the RSFSR was adopted by the Supreme Soviet of the Russian Federation on April 12, 1978.

The constitution consolidated new forms of "direct democracy" - popular discussion and referendum; as well as new civil rights: the right to appeal against the actions of officials, to judicial protection against encroachment on honor and dignity, to criticize the actions of state and public organizations, etc.

The constitution secured for each union republic the right to secede from the USSR, as well as the right to legislative initiative in the highest bodies of power of the Union. The form of government was defined as a single union multinational state formed on the basis of the principle of socialist federalism as a result of the free self-determination of nations and the voluntary unification of equal Soviet socialist republics.

The Constitution emphasized the state unity of the USSR. The competence of the USSR provided for a fairly high degree of centralism in building a federal state for a wide range of social relations.

For the first time, the Basic Law defined a union republic as a sovereign state united with other republics to form the Union of Soviet Socialist Republics.

Outside the limits specified in Art. 73 of the Constitution of the USSR, the union republic independently exercised state power on its territory. The Union Republic had its own Constitution, corresponding to the Constitution of the USSR and taking into account the peculiarities of the republic. The USSR Constitution of 1977 determined the right of the union republic to participate in resolving issues within the jurisdiction of the USSR in the Supreme Soviet of the USSR, the Presidium of the Supreme Soviet of the USSR, the Government of the USSR and other bodies of the USSR.

The Union Republic ensured comprehensive economic and social development on its territory, contributed to the exercise of the powers of the USSR on this territory, and implemented the decisions of the highest bodies of state power and administration of the USSR. On issues within its jurisdiction, the union republic coordinated and controlled the activities of enterprises, institutions and organizations of union subordination.

2.1 Novels and structure of the 1977 Constitution

The Constitution of the USSR of 1977 was prepared on the basis, on the one hand, of continuity in relation to the previous fundamental laws, on the other hand, of novelty in comparison with them. Such was its official assessment, in particular, by the May (1977) plenum of the Central Committee of the CPSU, which considered the draft Constitution and gave a decisive impetus to its discussion and adoption. Perhaps the country's official leadership could not speak otherwise about the Constitution. However, an appeal to its text suggests that the beginnings of "continuity" are very modest in this Constitution, often expressed in verbal "husks" about the strengthening of socialism, about its new stage. The novels of the Constitution nevertheless give an idea of a relatively different image of the system, society, power, and the status of the individual. Probably, both their experience and the events in other socialist states (with their attempts to declare democratic socialism) were not in vain.

Even structurally, it was still a new Basic Law. The Constitution of the USSR of 1977 - 174 articles, in the Constitution of the USSR of 1936 - 146. There is a preamble, which was not in the Basic Law of 1936 and which is of fundamental importance, since it is in it that a concise description of the society of developed socialism and the state of the whole people is given . Structurally, the new Constitution is divided into sections and chapters, while the 1936 Constitution is divided into chapters only. The 1977 Constitution has 8 new chapters, 75 absolutely new articles; 99 articles deal with the same issues as the Constitution of 1936, but only 17 of them were transferred to the new Constitution without changes.

The Constitution of the USSR of 1977 is based on the renewal and improvement of legislation that preceded it, takes into account the adopted legislative acts, which, as noted at the May plenum of the Central Committee of 1977, "became, as it were, bricks from which many articles of the new Constitution are composed."

The Basic Law of the USSR of 1977 has the following structure: Preamble; I. Fundamentals of the social system and policy of the USSR (Ch. 1-5: Political system; Economic system; Social development and culture; Foreign policy; Defense of the socialist Fatherland); II. State and personality (ch.6-7: Citizenship of the USSR. Equality of citizens; Basic rights, freedoms and duties of citizens of the USSR); III. The national-state structure of the USSR (Ch. 8-11: the USSR is a union state; the Federal Soviet Socialist Republic; Autonomous Soviet Socialist Republic; Autonomous region and autonomous district); IV. Councils of People's Deputies and the procedure for their election (Ch. 12-14: System and principles of activity of Councils of People's Deputies; Electoral system; People's Deputy); V. The highest bodies of state power and administration of the USSR (ch.15-16: Supreme Soviet of the USSR; Council of Ministers of the USSR); VI. Fundamentals of building public authorities and administration in the union republics (Ch. 17-19: Highest bodies of state power and administration of the union republic; Highest authorities of state power and administration of the autonomous republic; Local authorities of state power and administration); VII. Justice, Arbitration and Prosecutor's Supervision (Ch. 20-21: Court and Arbitration; Prosecutor's Office); VIII. Coat of arms, flag, anthem and capital of the USSR; IX. The operation of the Constitution of the USSR and the procedure for its change.

Let us dwell on the most important features of the new Constitution. As already emphasized earlier, one of the main issues for the adoption of this Constitution was the question of the "portrait" of society. Therefore, it is no coincidence that a remarkable feature of the Basic Law is a wider regulation of the foundations of the country's social system than in previous constitutions. This should not be seen as an attempt to regulate social development; on the contrary, it was the desire to determine its nature and prospects that prompted the transfer of the relevant provisions from the party documents of the CPSU to the Constitution, i.e. to give them (in addition to political) also a comprehensive legal character. The new Constitution not only fixes the building of mature socialism in the USSR. In the preamble, as already mentioned, a detailed description of a developed socialist society is given.

Based on the consolidation of various strata of society, the Constitution of the USSR introduced the concept of "the social basis of the USSR" - it was "an indestructible alliance of workers, peasants and intelligentsia" (Article 19). The Constitution proclaimed a large-scale program of social and cultural policy, taking into account the needs of various sectors of society (Chapter 3 - "Social development and culture").

Instead of the concept of "the economic basis of the USSR," the Constitution speaks of "the basis of the economic system of the USSR" - it is socialist ownership of the means of production in the form of state (nationwide) and collective-farm-cooperative ownership. At the same time, the property of trade unions and other public organizations, which they need to carry out their statutory tasks, is named as a form of socialist property. The Constitution proceeds from the priority of socially useful labor. It and its results determine the position of a person in society. The Constitution says that the management of the economy is carried out on the basis of the principle of state planning, however, it implies a combination of centralized management with economic independence and the initiative of enterprises, the use of cost accounting, profit, cost, and other economic levers and incentives. Perhaps purely formally, but nevertheless, individual labor activity is allowed in the field of handicrafts, agriculture, public services, etc., based solely on the personal labor of citizens and their families.

A feature of the Constitution of 1977 should be considered the reflection in it of the category of sovereignty of the people. Continuing in this regard the tradition of the Soviet version of constitutional regulation - to speak loudly about the participation of the people in governing the country, regardless of reality - after all, the Constitution contains very important political postulates. The previous fundamental laws spoke of power belonging to "the entire working population of the country" (Article 10 of the Constitution of the RSFSR of 1918), "to the working people of town and country" (Article 3 of the Constitution of the USSR of 1936). The 1977 constitution for the first time recorded that "all power in the USSR belongs to the people." In addition, the Constitution fixed both state and public forms of democracy. She spoke not only about the exercise by the people of their state power through the Soviets, but also provided for the participation in the management of state and public affairs of public organizations and labor collectives. The Constitution spoke about the possibility of bringing the most important issues of state life to the national discussion, as well as putting them to a popular vote (referendum). Citizens were given the right to participate in the management of state and public affairs, the discussion and adoption of laws and decisions of national and local significance.

The Constitution of the USSR fixed the entire political system of Soviet society as a set of state and non-state organizations (the state, the CPSU, public organizations, labor collectives), through which the sovereignty of the people is realized.

The chapter "Political system" was introduced into the Constitution for the first time.

Moreover, in relation to labor collectives, the issue was not resolved easily. At first, in the draft Constitution, an article about them was in the second chapter - "Economic System". That is, the labor collectives were thus, as it were, assigned the role of only the primary production cell. However, this article was eventually moved to chapter one. This emphasized the possibility of labor collectives to participate more effectively in the political life of the country. However, of course, the participation of the labor collective as a single entity in the affairs of the city, region, republic, and the USSR was assumed. The transformation of labor collectives themselves into an arena of internal political passions was hardly supposed. And although the inclusion of an article on labor collectives in the chapter on the political system did not objectively exclude this, but at the time the Constitution was adopted, they did not even think about it abstractly. Indeed, in each collective, if there was a cell of a political nature, then only a single ruling party (and the Komsomol adjoining it). It was later, when various parties began to emerge, the creation of their primary cells in labor collectives inevitably made us think about the possible transformation of workshops, farms and laboratories into a place of political battles, and by presidential decree the labor collectives were asked to deal with the main business, and political life moved beyond the factory checkpoints.

The new Constitution of the USSR consolidated the position of the CPSU as the leading and guiding force of Soviet society, the core of its political system. For the first time, Article 6 of the Constitution reflected the main directions for the implementation of the leading role of the Communist Party.

2.2 Changes in the structure and functions of the state apparatus introduced by the Constitution

Like previous constitutions. The Basic Law of 1977 contains a description of the state, its essence and tasks. The innovations consisted in the fact that Article 1 reflects the nature of the USSR as a state of the whole people, expressing the will and interests of the workers, peasants and intelligentsia, workers of all nations and nationalities of the country. The preamble of the Constitution lists the main tasks of the nationwide state, and chapters 2-5 - its economic and organizational, socio-cultural, foreign policy and defense functions.

The Constitution of the USSR of 1977 contains many norms that (at least in verbal terms are aimed at further expanding and deepening democracy. For the first time, Article 9 specifically states that the main direction in the development of the political system of Soviet society is the further deployment of socialist democracy "and indicated The Constitution provided for a wide interweaving of state and public principles in democracy, the active participation of citizens in solving the problems of society and the state, both personally and through public organizations, labor collectives, and bodies of public amateur performance of the population.

The new Constitution reflects in sufficient detail the growing role of representative bodies of state power. Reflecting the fact of the change (strengthening) of the state's social base, the Constitution now gives them a new name - the Soviets of People's Deputies. In addition, Article 2 is formulated in such a way that it immediately shows the role of the Soviets as the main form of exercising the power of the people; it also stipulates that all other state bodies are controlled and accountable to the Soviets.

The special role of the Soviets led to the inclusion in the Constitution of a special fourth section - "Soviets of People's Deputies and the procedure for their election", which has no analogue in previous constitutions. It enshrined the entire system of Soviets, increased the term of office of the Supreme Soviets from four to five years and local Soviets from 2 to 2.5 years, provided for the leadership of the Soviets directly and through the bodies created by them in all branches of state, economic and socio-cultural construction, the adoption by them decisions, ensuring their execution, exercising control over the implementation of decisions, the principles of the activities of the Councils are fixed.

The 1977 Constitution enshrines the already known principles of universal, equal, direct suffrage by secret ballot. But it also contains a number of new points: lowering the age of passive suffrage to all Soviets to 18 years (earlier for the Supreme Soviets of the republics - 21 years), to the Supreme Soviet of the USSR - to 21 years (before that - 23 years); the right of citizens and public organizations to actively participate in the preparation and conduct of elections; the possibility of electing a citizen, as a rule, to no more than two Councils; attribution of expenses for elections to the account of the state; inclusion in the Constitution following a nationwide discussion of an article on the mandates of voters.

An innovation was the inclusion in the Constitution of a special chapter on the People's Deputy; the basis for its creation was the USSR Law of 1972 on the status of people's deputies in the USSR.

Another feature of the content of the Constitution of 1977 is the regulation of the status of the individual, which is wider than before. Even a simple comparison of volume is clear: ch. X of the Constitution of the USSR of 1936 ("Basic rights and obligations of citizens") consisted of 16 articles - section II "State and the individual" of the Constitution of 1977 has 37 articles, in addition, a number of preambular provisions are devoted to the citizen, the individual, chapter 2 ( Economic system), Chapter 3 (Social development and culture) and other chapters of the Basic Law.

Conceptual solutions are no less significant. In particular, with the concept of "personality" the Constitution emphasized the high priority of the interests of the individual, its desire to comprehensively take into account the various manifestations of man in society and the state. By using a bunch of concepts "State and personality" they did not at all want to show the dependent position of a person, the priority of the state in relation to him (some people today are inclined to just such an interpretation). It seems that it was about something else - about ensuring a worthy position of the individual in the state, the state's concern for the individual, the right of the individual to demand a certain attitude from the state towards himself, but at the same time about the right of the state to demand that the citizen take into account their interests and lawful behavior.

No less important is the fact that the section "State and Personality" was placed second in the Constitution of 1977 (in the Constitution of 1936, the chapter on rights and duties was located closer to the end of the text). The New Fundamental Law thus emphasized that the status of the individual is determined by the social system, follows from the political and economic systems, is determined by the functions of the state, its policy in the field of social development and culture; and the status itself, in turn, must be taken into account when resolving issues of nation-building and in the activities of state bodies.

The Constitution secured a wide range of rights, freedoms and duties of citizens of the USSR. Many of them were previously in the Constitution, but now the content of these rights and their guarantees have been expanded so much that we can talk about a certain qualitative change. At the same time, new rights of citizens were proclaimed at the constitutional level: to health care, housing, enjoyment of cultural achievements, freedom of scientific, technical and artistic creativity, the right to submit proposals to state bodies and public organizations to improve their activities, to criticize shortcomings in work, etc. .d. The Constitution simultaneously expanded the content of a number of duties of citizens of the USSR, and also introduced the category "duty of citizens."

Many provisions of the 1977 Constitution were aimed at ensuring the rule of law in the country. For the first time, the principle of legality was fixed as one of the principles of the political system of society. Appeared, saying that "respect for the individual, protection of the rights and freedoms of citizens is the duty of all state bodies, public organizations and officials."

The USSR Constitution of 1977 proceeded from the principle of continuity in regulating issues of the national-state structure of the USSR. In this regard, the mentioned May plenum of the Central Committee of the CPSU in 1977 gave such a guideline: "Experience has shown that the main features of the federal structure of the USSR have fully justified themselves. Therefore, there is no need to make any fundamental changes in the forms of the Soviet socialist federation."

However, although the forms remained the same, much more attention was paid to their reflection in the federal constitutional regulation. Suffice it to say that while the Constitution of 1936 had one short chapter "State System", in the Constitution of 1977 Section III "Nation-State System" is wider, consists of 4 chapters: one is devoted to the Union of the Soviet Socialist Republics, others - respectively to the Union Republic, Autonomous Republic, Autonomous Regions and Autonomous Okrugs (this concept has replaced the concept of "national districts" in this Constitution, thereby putting an end to the dispute whether the districts are administrative-territorial units or autonomous entities, in favor of the latter provision).

Many new moments in national-state development have been taken into account. In particular, the following were added to the existing guarantees of the rights of the union republics: the right to participate in the decision by the union bodies of issues within the jurisdiction of the USSR; the right to coordinate and control the economic and social development of their territories; the right of legislative initiative in the Supreme Soviet of the USSR. At the same time, the drafters of the Constitution found that there was a progressive rapprochement of the nations and peoples of the USSR, and hence it was necessary to strengthen the allied principles of the state. This was reflected primarily in the very definition of the USSR as a single union multinational state formed on the basis of the principle of socialist federalism. The strengthening of the allied principles is reflected in a number of articles of the Constitution: (the economy of the USSR is a single national economic complex), (the competence of the USSR includes ensuring the unity of legislative regulation throughout the USSR, pursuing a unified socio-economic policy, managing a single monetary and credit system, etc. ), (Soviets - a single system of state authorities), etc.

The Constitution of the USSR paid much attention to state bodies, contains many new norms on their powers, the procedure for their activities (for example, on the legislative process in the Supreme Soviet of the USSR, the circle of subjects of the law of legislative initiative, etc.), although in general the system of bodies has not undergone significant changes.

Finally, we note such a feature of this Constitution as the presence of a special chapter (Chapter 4) on the foundations of the state's foreign policy. It should be emphasized that fixing the principles of relations with other states, the Constitution takes into account not only internal traditions, but also international documents. It almost textually reproduces many provisions of the Final Act of the Conference on Security and Cooperation in Europe held earlier (Helsinki, 1975).

These are the main features and features of the Constitution of the USSR in 1977. As mentioned earlier, in 1978 new Constitutions of all Union and autonomous republics were adopted. The RSFSR was no exception. Its Constitution was adopted on April 12, 1978 at the extraordinary seventh session of the Supreme Soviet of the RSFSR of the ninth convocation. A sufficiently detailed analysis of the Constitution of the USSR exempts from considering the reasons for the appearance and main features of the Constitution of the RSFSR - after all, everything was similar.

Of course, on the one hand, the influence of the leadership of the Communist Party and the USSR worked. Copying union acts, especially the Constitution, "template" regulation were a sign of that time. On the other hand, one should not forget that the discussion was still about states (USSR and republics) of the same type. The sovereignty of the union republics was not only officially recognized by the union authorities, but was also enshrined in the Constitution of the USSR. However, sovereignty was by no means seen in adopting constitutions fundamentally different from the Constitution of the USSR. The commonality of these types of constitutions was objectively conditioned. It should also be borne in mind that the Constitution of the USSR was the fruit of collective efforts, the Constitutional Commission included representatives of all sectors of society, states and national-state formations. Participating in the discussion of the provisions of the Union Constitution, the peoples of the republics, deputies of their Supreme Soviets, representatives of the republics in the Supreme Soviet of the USSR, of course, did not forget to take into account the interests of the constituent entities of the Federation, and to a large extent predetermined the content of their future constitutions.

So, the constitutions of the republics, including the Constitution of the RSFSR of 1978, in their structure and content corresponded to the Constitution of the USSR. There was a fundamental unity in fixing the foundations of the social system and politics, the status of the individual, the national state structure, the system, the principles of organization and activity of state bodies, the symbols of the republics.

The constitutions of the republics, including the Constitution of the RSFSR, contained a number of features when compared with the Constitution of the USSR. Consider them on the example of the Constitution of the RSFSR.

Thus, it does not reproduce in full the preamble of the Union Constitution; the path traversed during the years of Soviet power is spoken more concisely, but the role of the RSFSR in the development of its peoples and the entire Union is noted; provisions are not given that characterize the supreme goal and main tasks of the state of the whole people, the essence of a developed socialist society. But this is understandable: the corresponding provisions, common to all republics, were contained in the Constitution of the USSR. The preamble reflected the inseparable connection of the republic with other republics and the USSR. In the final part of the preamble, it was emphasized that the people of the RSFSR adopt and proclaim the Constitution, recognizing themselves as an integral part of the entire Soviet people and in accordance with the Constitution (Basic Law) of the USSR.

Sections one and two of the Constitution of the RSFSR as a whole correspond to the same sections of the Constitution of the USSR, however, a number of norms are formulated taking into account the specifics of the republic and its place in the USSR. For example, in the Constitution of the RSFSR, state and public organizations, officials within the republic are obliged to observe not only the Constitution of the USSR, but also the Constitution of the republic, as well as "Soviet laws" (that is, both union and republican). The concept of "the economy of the RSFSR" was introduced as an integral part of a single national economic complex, covering all links of social production, distribution and exchange on the territory of the USSR.

Instead of two chapters "Foreign Policy" and "Protection of the Socialist Fatherland" the Constitution of the RSFSR has one chapter "Foreign Policy and Defense of the Socialist Fatherland". The volume of this activity in the union republic was less than in the USSR, respectively, and the chapter of the Constitution is shorter. And it was no coincidence that they spoke of "foreign policy activity" and not of "foreign policy": the republic did not have any kind of separate foreign policy, it participated in the implementation of the foreign policy of the USSR. Therefore, most provisions The Constitution of the USSR on the essence, directions and principles of the foreign policy of the USSR is not reproduced in republican constitutions.

There is a lot of originality in the third section of the republican Constitution, which is called "Nation-State and Administrative-Territorial Structure of the RSFSR". Here the competence of the republic and its sovereign rights are defined in detail. Since the RSFSR included 16 autonomous republics, 5 autonomous regions and 10 autonomous districts, the Constitution included, in addition to the chapter on the RSFSR itself, two chapters on the status of the ASSR and autonomous regions, autonomous districts, respectively.

In regulating the activities of state bodies, the Constitution of the RSFSR largely followed the Union Constitution, but even here there were some peculiarities. For example, a fixed number of members of the Supreme Soviet of the RSFSR was established - 975 deputies. The competence of the Supreme Council, the Presidium of the Supreme Council and the Council of Ministers of the Republic is quite fully defined. The Constitution of the USSR has one chapter on local bodies of state power and administration, while the Republican Constitution has two chapters: "Local Soviets of People's Deputies" and "Executive Committees of Local Soviets of People's Deputies."

The Constitution of the RSFSR included a section on the state plan and the state budget, which consisted of two chapters. There is no such section in the Constitution of the USSR (in the Constitution of the RSFSR of 1937 there was Chapter IX on the budget of the RSFSR).

The Constitution of the RSFSR became the basis for improving republican legislation. In accordance with it, the constitutions of the autonomous republics that were part of the RSFSR were also developed and adopted in 1978.

Conclusion

In the new Constitution of the USSR, it was recorded that the dictatorship of the proletariat had fulfilled its task and the Soviet state became a nationwide one. The constitution consolidated the system of authorities and administration that had developed by that time. The supreme body of power was the Supreme Soviet of the USSR, which consisted of two chambers: the Council of the Union and the Council of Nationalities. His powers were increased from 4 to 5 years.

In comparison with the Constitution of 1936, new types of citizens' rights appeared in the Constitution of 1977: the right to health protection and the right to housing. On June 24, 1981, the USSR Supreme Council adopted the Fundamentals of Housing Legislation of the USSR and Union Republics. The new Constitution of the USSR recorded that justice in the USSR is carried out only by the courts.

At the same time, from 1966 (and until 1989) the concept of "Soviet people" was in the official language. Its essence was that at the stage of "developed socialism" this new historical community arose, which had a number of characteristic features. Critics of this concept see in it the intention of the Soviet state to eliminate the ethnic diversity of society through assimilation, replacing the peoples with a kind of non-national homo sovieticus. There are no such program provisions in any documents of the Soviet state. Judging by the actual practice of the state, then, according to the criteria adopted in ethnography, the national policy in the USSR was not aimed at assimilation. Thus, four population censuses (from 1959 to 1989) showed a slight but constant decrease in the share of Russians in the population of the USSR (from 54.6 to 50.8%). The number of small peoples, who are the first to disappear during assimilation, regularly grew (even such small peoples that, by Western standards, theoretically cannot survive and not dissolve - Tofalars, Orochs, Yukaghirs, etc.).

The concept of "Soviet people" was criticized from a different standpoint by those who denied the emergence of a community of Soviet people and considered the peoples and ethnic groups of the USSR to be a conglomerate, not connected into one whole. These are scholastic statements pursuing purely ideological aims. The Soviet people took shape as a product of the long development of a single state. This process took place not only in the Soviet period, but also before the formation of the USSR - in the Russian Empire. Citizens of this state of different nationalities perceived the USSR as a fatherland and showed loyalty to the symbols of this state. According to all modern ideas about the state and the nation, the Soviet people were a normal multi-ethnic nation, no less real than the American, Brazilian or Indian nation. In fact, a single economy, a single school and a single army tied the citizens of the USSR into a much more united people than the indicated nations. A number of studies conducted in the late 80s and early 90s showed the presence of many subtle but important unifying ties, so that cultural and psychological features common to Soviet people arose (prejudices and superstitions, favorite images and types of humor). Critics of the Soviet state also recognized this in a negative form, introducing the concept of "scoop". Of course, the degree of "secularism" was different in different groups of the population.

It is all the more important that, having recognized the formation of the Soviet nation (people) as accomplished, the last Constitution of the USSR confirmed the federalism of national-state formations, refusing to switch to territorial federalism. The Commentaries to the constitution explicitly stated that "the composition of the USSR includes not geographical or administrative units, but national states." This federalism, elevating ethnicity to one of the main principles of building a state, contradicted Marxism, for which the combination of political power with nationality was unacceptable. The nationalization of nations in the late USSR was not a consequence of V.I. Lenin, who recognized it in 1922 as a forced necessity caused by extraordinary political circumstances.

Literature

1. Avakyan S.A. Constitution of Russia: nature, evolution, modernity. - M:, 1997.

3. Eskina L.B. Two Anniversaries of the Russian Constitution // Jurisprudence. - No. 1. – 1999

4. Ilyin A.V. The Constitutional code of Russia: To the formulation of the problem // Jurisprudence. - 1998. - No. 1.

5. History of the State and Law of Russia: A Textbook for High Schools / Ed. S.A. Chibiryaeva - 1998.

6. History of the Soviet Constitution in documents. - M., 1957.

7. Kara-Murza S.G. Soviet civilization. - M., 2005.

8. Kolesnikov E.V. Sources of Russian constitutional law. - Saratov: Saratov State Academy of Law. - 1998.

9. Lepeshkin A.I. The course of Soviet state law. In 2 volumes - M., 1961. - V.1.

On April 25, 1962, the USSR Supreme Council adopts a resolution on the development of a draft of a new Constitution and forms an appropriate commission. But only by May 1977 the project was created and on June 4, 1977 it was published in print. It is also worth noting that the nationwide discussion of the draft Constitution began on June 4, 1977. During the discussion, about 400 thousand proposals with amendments and additions were made. October 7, 1977 according to the report of L.I. Brezhnev, the Constitution was adopted at the extraordinary seventh session of the Supreme Soviet of the USSR of the ninth convocation. The constitution consisted of a preamble, 9 sections, 21 chapters, which included 174 articles.

The USSR Constitution of 1977 went down in history as the "Constitution of Developed Socialism" (more commonly referred to as "Brezhnev"). The constitution emphasized its continuity with the previous constitutions (1918, 1924, 1936). The socialist ownership of the means of production was recognized as the basis of the economic system, the basis of the political system was the Soviets (the dictatorship of the proletariat fulfilled its task and the Soviet state became nationwide. The constitution consolidated the system of authorities and administration that had developed by that time. The supreme body of power was the Supreme Soviet of the USSR, which consisted of two chambers: the Council of the Union and the Council of Nationalities. Its powers were increased from 4 to 5 years) .

But the "leading and guiding" role of the Communist Party was enshrined in the Constitution. The Constitution secured new forms of "direct democracy": popular discussion and referendum; new civil rights: the right to appeal against the actions of officials, to judicial protection against encroachment, to honor and dignity and to criticize state and public organizations, etc. For the first time, the rights to health protection, housing, the use of cultural achievements, and freedom of creativity were secured. In April 1978, the draft Constitution of the RSFSR was published, soon approved by the Supreme Soviet of the RSFSR. In 1976, a resolution "On the preparation and publication of the Code of Laws of the USSR" was adopted. In December 1977, the Presidium of the Supreme Soviet of the USSR issued a resolution on the organization of work to bring the legislation of the USSR in line with the Constitution.

The USSR Constitution of 1977 created certain necessary prerequisites for improving the course of the country's social development. But it was not possible to realize the opportunities laid down by the constitution. At the turn of the 1970s and 1980s, stagnant processes continued in society, unresolved problems and difficulties multiplied. The system of economic instruments of power and control has been significantly weakened, and a mechanism for slowing down social and economic development has been formed.

The constitution fixed the USSR as a union, federal state. Each union republic retained the right to freely secede from the USSR. Thus, even at the end of the 1970s, the state continued its policy of "nation-building" and their nationalization.

Judging by the actual practice of the state, then, according to the criteria adopted in ethnography, the national policy in the USSR was not aimed at assimilation. Thus, four population censuses (from 1959 to 1989) showed a slight but constant decrease in the share of Russians in the population of the USSR (from 54.6 to 50.8%). The number of small peoples, who are the first to disappear during assimilation, regularly grew (even such small peoples that, by Western standards, theoretically cannot survive and not dissolve - Tofalars, Orochs, Yukaghirs, etc.).

From a different standpoint, the concept of "Soviet people" was criticized by those who denied the emergence of a community of Soviet people and considered the peoples and ethnic groups of the USSR to be a conglomerate, not connected into one whole. These are scholastic statements pursuing purely ideological aims. The Soviet people took shape as a product of the long development of a single state (before the USSR - the Russian Empire). Citizens of this state of different nationalities perceived the USSR as a fatherland, and showed loyalty to the symbols of this state. According to all modern ideas about the state and the nation, the Soviet people were a normal multi-ethnic nation, no less real than the American, Brazilian or Indian nation.

Apparently, the opportunity to move to territorial federalism, which would strengthen the USSR as a single state, really existed only in 1945-53, but the need for this step against the background of victorious moods was not realized. During the times of Khrushchev and Brezhnev, the republican elites became so strong that the center was no longer able to encroach on their power and interests. Behind the scenes, under the slogans of internationalism, a new type of "indigenization" was carried out - the displacement of Russian personnel and the provision of advantages not for all non-Russian peoples, but only for status nations. "This was fully revealed during perestroika.

The constitution of 1977 (as well as the constitution of any totalitarian state) can be called such only provisionally. The modern concept of the constitution and the constitutionality of the state is based on the relationship between law and law and can be schematically represented as follows. The state is bound by law. Therefore, all the laws adopted by him, including the constitution, must guarantee the basic (natural) rights of the individual, as well as the mechanisms for expressing the will of the people. The state and the citizen, from the point of view of law, are formally equal subjects of social relations. Therefore, the constitution of the rule of law binds power to a limiter independent of it: the inalienable rights and freedoms of the individual.

Section One- The sixth article consolidated the leading and guiding role of the CPSU in Soviet society, declaring it the core of the political system. The basis of the economic system of the USSR was socialist ownership of the means of production in the form of state (public) and collective-farm-cooperative ownership. The social basis of the USSR was, as noted in this section, the union of workers, peasants and intelligentsia. The main principles of foreign policy were consolidated.

Section two- "The State and the Personality" - contained a list of the rights and obligations of citizens. Among their rights and freedoms were: equality regardless of gender, origin, social, national and property status, as well as "all socio-economic, political and personal rights and freedoms." The list of duties was also expanded in comparison with the previous Constitution (which now included respect for national dignity, the rights and legitimate interests of others, care for the upbringing of children, children helping parents, conservation of nature, care for the preservation of historical monuments and cultural values, promotion of friendship and cooperation with other peoples).

Third section consolidated the traditional national-state structure of the USSR.

Fourth section determined the system and principles of the formation and activities of the Soviets of People's Deputies. New in comparison with the Constitution of 1936 was the granting of the right to nominate candidates for deputies to public organizations.

Fifth section approved the highest bodies of state power and administration of the USSR. Article 125 provided for the creation of permanent commissions from among people's deputies for preliminary consideration and preparation of issues related to the jurisdiction of the Supreme Council.

sixth section confirmed the traditional rights of the Union republics. Their circle has not changed since 1936.

Seventh section determined the conditions for the operation of justice, arbitration and prosecutorial supervision. The term of office of prosecutors at all levels was limited to five years. It was planned to elect people's judges by universal, equal and direct suffrage by secret ballot for a period of 5 years, and people's assessors - at meetings of citizens at their place of work or residence by open vote for two and a half years.

Section Eight confirmed the former coat of arms, flag, anthem and capital of the USSR.

Ninth section confirmed the previous procedure for amending the Constitution of the USSR.

In a totalitarian (and any other non-legal) state, laws can either directly reflect the unlimited power of the ruler (in whatever capacity he acts) over the life and death of his subjects, or serve as a kind of ideological cover for such power. In the latter case, namely, this option is typical for Soviet constitutions, the text of the Basic Law does not reflect the real relations of a person with the state, people with power, etc. contrary to the constitution.

The text of this constitution of the Soviet period, as shown in the analysis, changed as the regime consolidated and stabilized. The ongoing changes were determined not by real changes in the relationship between the individual and the state, but by political and ideological factors.

Outdated details of the ideological doctrine (such as “dictatorship of the proletariat”, “world revolution”, “proletarian internationalism”, etc.) gave way to new ones (“nationwide state”, “developed socialist society”, etc.), and this prompted change not only individual provisions, but also the general legal structure of the constitution.

However, its functional role - masking the real mechanism of power - remained unchanged. The decorative nature of the Soviet constitution also predetermined the uselessness of any body that controls the compliance of the adopted laws with the current constitution. There could be no question of the direct action of the constitution. This issue has not even been considered theoretically. But since the constitution was only a veil, a showcase, a decorum of real power, the latter can rightfully be called a shadow one.

In fact, it was not the councils of all levels, formally established by the constitution, that exercised state power. They were only an appendage of the branched, all-pervading and rigidly centralized structure of the apparatus of the CPSU.

It is worth noting some of the shortcomings of the Constitution: the Constitution should not only define the economic and political system (state system), but also provide a legal basis, clearly formulated provisions of the law, the implementation of which can be subjected to objective verification. Meanwhile, most of the articles of the Constitution are written in the form of declarations, not specific legal norms.

major vice The project is a blatant and undisguised contradiction between Art. 1 and 2 and Art. 6. Art. 1 and 2 declare the USSR as a nationwide state in which the people exercise state power through the Soviets of People's Deputies, which constitute the political basis of the USSR. At the same time, Art. 6 the core of the political system declares the CPSU. Moreover, the second part of Art. 6 directly establishes that all the most important state issues are decided not by the Soviets, but by the CPSU (practically, the top leadership of the CPSU).

In essence, there is nothing new in the Constitution.

After the adoption of the Constitution of the USSR in 1977 in April-May 1978, new basic laws of the union and autonomous republics were adopted. The Constitution of the RSFSR was adopted on April 12, 1978.

The Constitution of the USSR, adopted on October 7, 1977, was the last in the history of the USSR. The new fundamental law was supposed to emphasize the phasing of the successes achieved under Brezhnev, the completion of the era of struggle and instability, the emergence of a “nationwide state” as a superstructure on “real socialism” (an intermediate station designed to replace communism, which was receding into unknown distances). During the Perestroika period, the Constitution underwent significant changes, but lasted until the collapse of the USSR in 1991.

Already in August 1964, a draft Constitution was prepared, designed to replace the "Stalinist" Constitution of 1936. But after the resignation of N. Khrushchev, this draft was sent for processing. The preparation of the new project was carried out by a commission headed by B. Ponomarev in 1973. The constitution was supposed to shape the legal façade of a society in which socialism had become "developed", that is, a society that was stable and not so much conflict as it was under Stalin.

Party lawyers understood that they were building an ideal structure, largely designed for imports. Hence - the consistent democratism of the multi-stage parliamentary system, responsible government, careful enumeration of civil and social rights. Article 6 of the document consolidated the “leading and guiding role” of the CPSU, but this provision, which in a decade would concentrate the wrath of the opposition, was taken more as a statement of fact.

While building a democratic façade, the leadership of the CPSU took the norms of the law seriously. Firstly, the Constitution fixed the structure of state bodies, and therefore could directly affect the ratio of their influence. The following speech by A. Kosygin during the discussion of the draft is typical: “I fully agree with what Leonid Ilyich said about the draft of the new Constitution. However, I have two comments. The first remark concerns the competence of the Council of Ministers. The draft Constitution (Article 128) states that the Presidium of the Council of Ministers acts as an organ of the Council of Ministers of the USSR to resolve current issues of state administration, its composition is determined, etc. You know that the Council of Ministers has about 160 members. If we gather all these people to consider current issues, we will get a very cumbersome apparatus, and great difficulties will arise. All our questions, not only current ones, are considered by the Presidium of the Council of Ministers. Therefore, it seems to me that the word "current" is not suitable here. Colleagues agreed with the remark of the Chairman of the Council of Ministers.

Secondly, the dissidents have already taught the party that any provision of the law can be tested for enforcement, and new rights must be granted very carefully. Despite the fact that the regime learned to limit the rights written in the Constitution (such as freedom of speech and demonstrations), members of the Politburo made sure that the new Constitution did not give them new reasons for headaches:

"PODGORNY. I fully agree that indeed all issues are taken into account in the draft Constitution and it could be approved. I doubt Article 55. It states that citizens of the USSR are guaranteed freedom of movement and choice of residence in accordance with the law. If we now approve this article and send it out for public discussion, it will cause a lot of difficulties. Everyone knows that a large number of letters and requests are now being received from the Tatars, who were evicted from the Crimea, from the Volga Germans, who were resettled in other republics in order to put them in their old place of residence. Therefore, I would propose to exclude this article from the draft Constitution.

BREZHNEV. Apparently, this article should now be deleted.

PODGORNY. It will be all the more expedient that we have adopted a corresponding Decree of the Presidium of the Supreme Soviet of the USSR on this issue, according to which all restrictions on citizens of Crimean Tatar and German nationality have been lifted. This should not be written into the Constitution.

On May 19, the draft Constitution was approved by the Politburo of the Central Committee of the CPSU, and on May 24 - already the plenum of the Central Committee. On May 27, in accordance with his decisions, the draft was submitted by the Presidium of the Supreme Soviet of the USSR for nationwide discussion - the draft was published on June 4 in the Soviet press. Amendments were made to it before June 2, including the article 6, which later became the most "famous", on the leading and guiding role of the CPSU.

The official discussion of the draft Constitution was used by the leadership of the USSR to collect and systematize the opinions that had developed in the country on the most important socio-political problems. Although, just as in 1936, it was not planned to focus on the opinions of ordinary people when finalizing the project, but now the authorities did not perceive unauthorized opinions as hostile. Soviet society also took the matter seriously and showed itself in all its diversity. People tried to take advantage of the opportunity to lobby for what was urgent and "painful". Open party meetings were held all over the country, at which ordinary communists and even non-party people spoke out for the most part. The broad masses of the Party approached the question practically. The constitution was perceived as a document of direct action, and therefore, at party meetings, it was repeatedly proposed to introduce a rule on punishing those guilty of violating certain provisions (on the obligation to raise their children, the right to criticism, nature conservation, nationalist propaganda and the use of public property for selfish purposes). purposes). There were frequent demands for the introduction of specific rules of law into the constitution (for example, prosecution for libel).

The discussion of the draft Constitution at party meetings marked the limits of pluralism acceptable for public expression in the late 1970s. In the economic field, the focus was on the problem of the relationship between cost accounting and planning. Proposals to fix self-financing in the constitution were typical. From the height of his experience, since 1925, a communist, I. Maslov, proposed guaranteeing the freedom of management of collective farms.

The participants in the discussion insistently demand to clarify the term "non-earned income", which is included in the draft. Perhaps this was due to fears of a broad interpretation of this ambiguous expression. There were demands, along with other secrets, to guarantee the secrecy of deposits. But the rejection of property stratification prevailed - here ordinary party members only reflected the general mood. So, for example, it was proposed to establish control of the Councils over the income of citizens, "whose condition indicates clearly illegal actions."

Political pluralism was also significant. Democratic demands were put forward for the nomination of two candidates in the voting, the restriction of the right to be elected to two terms. There were also proposals that mention the need to combat bureaucracy.

There were many speeches against drunkenness and alcoholism. These sentiments will be taken into account in the development of party-state policy in the 1980s.

It was often proposed to limit the age of tenure in public office to the age of, for example, 60 years - the communists began to get bored with the gerontocratic stabilization of personnel. 13 years ahead of history, war veteran V. Bogdanov proposed making the General Secretary of the CPSU Central Committee the President of the USSR.

Such political issues as the duration of deputy powers, the form of voting, the minimum age of a deputy were vigorously discussed.

But in general, the range of opinions of communists and non-party people during the discussion of the draft Constitution is practically the same - reports from party meetings signal the same proposals as the analysis of readers' mail. At this time, the party mass differed only in a slightly greater orthodoxy from socially active citizens. During the discussion of the draft Constitution, the leaders of the country were not inclined to make significant adjustments to their draft, but carefully recorded the proposals and took them into account when preparing legislative acts and party resolutions. But each such act had to be coordinated, first of all, taking into account the interests of various factions of the ruling elite, and only then - the rest of society.

The discussion of the Constitution shows how diverse Soviet society was in terms of views and interests.

It was an even more ideological document than the Constitution of 1936. The wording of the articles was preceded by a preamble setting out the official idea of the successful path of Soviet society to a developed socialist society and its apologetic characterization.

The principles of government and many other important provisions were inherited from the constitution of 1936. The role of the CPSU in the constitution was "increased" - the party was now mentioned in one of the first articles - the sixth, and the CPSU was declared the leading and guiding force of Soviet society (during Perestroika, this the position was interpreted as the right of the communists to lead the non-party).

The deputies were now called "people's" and not "deputies of the working people", which emphasized that the power of the Soviets represented all citizens, regardless of their social status.

The 1977 constitution introduced free education of all kinds, the right to health protection, the protection of the rights of authors, inventors and innovators, the duty of citizens to protect nature, protect its wealth, and take care of the preservation of historical monuments and other cultural values.

Article 72 of the Constitution provided for the right of the republics to freely secede from the USSR. In 1977, few people could have imagined that the republics could decide on such an act, but in 1990 Article 72 became the subject of an urgent political struggle, as forces in a number of republics came to power advocating secession from the USSR.

In connection with the adoption of the new Constitution, L. Brezhnev became the head of state (Chairman of the Presidium of the Supreme Soviet of the USSR). The former chairman N. Podgorny was retired. The combination of the highest party and government posts was convenient for solving foreign policy problems - the real supreme leader had to not only negotiate, but also have the right to sign government documents. True, Leonid Ilyich himself at that time was already becoming less and less capable.

The Constitution of 1977 was destined to exist until the end of the existence of the USSR. However, in 1988-1990, during the period of Perestroika, it underwent fundamental changes, primarily in terms of the structure of the authorities and the role of the CPSU.

In 1990, the post of President of the USSR was introduced and the leading role of the CPSU was abolished. With the collapse of the USSR, its Constitution also went down in history.

CONSTITUTION
(THE BASIC LAW)
UNION OF SOVIET SOCIALIST REPUBLICS

The Great October Socialist Revolution, carried out by the workers and peasants of Russia under the leadership of the Communist Party, headed by V.I. Lenin, overthrew the power of the capitalists and landowners, broke the shackles of oppression, established the dictatorship of the proletariat and created the Soviet state - a state of a new type, the main instrument for defending revolutionary gains, building socialism and communism. The world-historical turn of mankind from capitalism to socialism began.

Having won the civil war and repulsed the imperialist intervention, the Soviet government carried out the most profound social and economic transformations, forever put an end to the exploitation of man by man, to class antagonisms and national enmity. The unification of the Soviet republics into the USSR multiplied the forces and possibilities of the peoples of the country in building socialism. Public ownership of the means of production and genuine democracy for the working masses have been established. For the first time in the history of mankind, a socialist society was created.

A vivid manifestation of the strength of socialism was the unfading feat of the Soviet people, their Armed Forces, who won a historic victory in the Great Patriotic War. This victory strengthened the prestige and international positions of the USSR and opened up new favorable opportunities for the growth of the forces of socialism, national liberation, democracy and world peace.

Continuing their creative activity, the working people of the Soviet Union ensured the rapid and all-round development of the country and the improvement of the socialist system. The alliance of the working class, the collective-farm peasantry and the people's intelligentsia, and the friendship of the nations and peoples of the USSR, have become stronger. A socio-political and ideological unity of Soviet society has taken shape, the leading force of which is the working class. Having fulfilled the tasks of the dictatorship of the proletariat, the Soviet state became a state of the whole people. The leading role of the Communist Party, the vanguard of the entire people, has increased.

A developed socialist society has been built in the USSR. At this stage, when socialism is developing on its own foundation, the creative forces of the new system and the advantages of the socialist way of life are more and more fully revealed, and the working people are increasingly enjoying the fruits of the great revolutionary achievements.

This is a society in which mighty productive forces, advanced science and culture have been created, in which the well-being of the people is constantly growing, more and more favorable conditions are emerging for the all-round development of the individual.

This is a society of mature socialist social relations, in which, on the basis of the rapprochement of all classes and social strata, the legal and actual equality of all nations and nationalities, and their fraternal cooperation, a new historical community of people has taken shape - the Soviet people.

This is a society of high organization, ideology and consciousness of working people - patriots and internationalists.

This is a society whose law of life is the concern of all for the welfare of each and the concern of each for the welfare of all.

This is a society of genuine democracy, the political system of which ensures the effective management of all public affairs, the ever more active participation of working people in public life, the combination of real rights and freedoms of citizens with their duties and responsibilities to society.

A developed socialist society is a natural stage on the road to communism.

The supreme goal of the Soviet state is the building of a classless communist society in which public communist self-government will be developed. The main tasks of a socialist state of the whole people are: the creation of the material and technical base of communism, the improvement of socialist social relations and their transformation into communist ones, the education of a person of communist society, the improvement of the material and cultural standard of living of the working people, the security of the country, and the promotion of peace and the development of international cooperation.

Soviet people,

guided by the ideas of scientific communism and faithful to their revolutionary traditions,

relying on the great socio-economic and political achievements of socialism,

striving for the further development of socialist democracy,

considering the international position of the USSR as an integral part of the world system of socialism and conscious of its international responsibility,

preserving the continuity of ideas and principles of the first Soviet Constitution of 1918, the Constitution of the USSR of 1924 and the Constitution of the USSR of 1936,

fixes the foundations of the social system and policy of the USSR, establishes the rights, freedoms and duties of citizens, the principles of organization and goals of the socialist state of the whole people, and proclaims them in the present Constitution.

I. FOUNDATIONS OF THE SOCIAL ORGANIZATION AND POLICY OF THE USSR

Chapter 1. Political system

Article 1 The Union of Soviet Socialist Republics is a socialist state of the whole people, expressing the will and interests of the workers, peasants and intelligentsia, the working people of all nations and nationalities of the country.

Article 2 All power in the USSR belongs to the people. The people exercise state power through the Soviets of People's Deputies, which constitute the political foundation of the USSR.

All other state bodies are controlled and accountable to the Councils of People's Deputies.

Article 3 The organization and activities of the Soviet state are built in accordance with the principle of democratic centralism: the election of all bodies of state power from top to bottom, accountability to their people, and binding decisions of higher bodies for lower ones. Democratic centralism combines unified leadership with initiative and creative activity in the localities, with the responsibility of each state body and official for the assigned work.

Article 4 The Soviet state and all its organs act on the basis of socialist legality and ensure the protection of law and order, the interests of society, and the rights and freedoms of citizens.

State and public organizations and officials are obliged to observe the Constitution of the USSR and Soviet laws.

Article 5 The most important issues of state life are submitted for public discussion, and are also put to a nationwide vote (referendum).

Article 6 The leading and guiding force of Soviet society, the core of its political system, state and public organizations is the Communist Party of the Soviet Union. The CPSU exists for the people and serves the people.

Armed with the Marxist-Leninist doctrine, the Communist Party determines the general perspective of the development of society, the line of domestic and foreign policy of the USSR, directs the great creative activity of the Soviet people, imparts a systematic, scientifically substantiated character to their struggle for the victory of communism.

All party organizations operate within the framework of the Constitution of the USSR.

Article 7 Trade unions, the All-Union Leninist Communist Youth Union, cooperative and other public organizations, in accordance with their statutory tasks, participate in the management of state and public affairs, in solving political, economic and socio-cultural issues.

Article 8 Labor collectives participate in the discussion and resolution of state and public affairs, in the planning of production and social development, in the training and placement of personnel, in the discussion and resolution of issues of managing enterprises and institutions, improving working conditions, everyday life, using funds intended for the development of production, as well as in social and cultural events and material incentives.

Labor collectives develop socialist emulation, promote the dissemination of advanced methods of work, strengthen labor discipline, educate their members in the spirit of communist morality, care for raising their political consciousness, culture and professional qualifications.

Article 9 The main direction in the development of the political system of Soviet society is the further development of socialist democracy: an ever wider participation of citizens in managing the affairs of the state and society, improving the state apparatus, increasing the activity of public organizations, strengthening people's control, strengthening the legal basis of state and public life, expanding publicity, constant consideration of public opinion.

Chapter 2. Economic system

Article 10 The basis of the economic system of the USSR is socialist ownership of the means of production in the form of state (public) and collective-farm-cooperative ownership.

Socialist property is also the property of trade unions and other public organizations that they need to carry out their statutory tasks.

The state protects socialist property and creates conditions for its multiplication.

No one has the right to use socialist property for personal gain or other mercenary purposes.

Article 11 State property is the common property of the entire Soviet people, the main form of socialist property.

In the exclusive property of the state are: land, its subsoil, water, forests. The state owns the main means of production in industry, construction and agriculture, means of transport and communications, banks, property of state-organized trade, communal and other enterprises, the main city housing stock, as well as other property necessary for the implementation of the tasks of the state.

Article 12 The property of collective farms and other cooperative organizations, their associations are the means of production and other property necessary for them to carry out their statutory tasks.

Land occupied by collective farms is assigned to them for free and indefinite use.

The state promotes the development of collective-farm and cooperative property and its convergence with state property.

Collective farms, like other land users, are obliged to use the land efficiently, treat it with care, and increase its fertility.

Article 13 Labor income constitutes the basis of the personal property of citizens of the USSR. Personal property may include household items, personal consumption, conveniences and auxiliary household items, a residential building and labor savings. The personal property of citizens and the right to inherit it are protected by the state.

Citizens may use plots of land provided in accordance with the procedure established by law for farming (including keeping livestock and poultry), horticulture and horticulture, as well as for individual housing construction. Citizens are obliged to rationally use the land plots provided to them. The state and collective farms render assistance to citizens in the conduct of subsidiary plots.

Property that is in personal ownership or in the use of citizens should not serve to extract unearned income, be used to the detriment of the interests of society.

Article 14 The source of the growth of social wealth, the well-being of the people and every Soviet person is the labor of Soviet people free from exploitation.

In accordance with the principle of socialism, "From each according to his ability, to each according to his work," the state exercises control over the measure of labor and consumption. It determines the amount of tax on income subject to taxation.

Socially useful labor and its results determine the position of a person in society. The state, combining material and moral incentives, encouraging innovation and a creative attitude to work, contributes to the transformation of labor into the first vital need of every Soviet person.

Article 15 The highest goal of social production under socialism is the most complete satisfaction of people's growing material and spiritual needs.

Relying on the creative activity of the working people, socialist emulation, the achievements of scientific and technological progress, improving the forms and methods of managing the economy, the state ensures the growth of labor productivity, an increase in the efficiency of production and the quality of work, and the dynamic, planned and proportional development of the national economy.

Article 16 The economy of the USSR constitutes a single national economic complex embracing all links of social production, distribution and exchange on the territory of the country.

Management of the economy is carried out on the basis of state plans for economic and social development, taking into account sectoral and territorial principles, with a combination of centralized management with economic independence and the initiative of enterprises, associations and other organizations. At the same time, economic calculation, profit, cost, other economic levers and incentives are actively used.

Article 17 In the USSR, in accordance with the law, individual labor activity is allowed in the sphere of handicrafts, agriculture, consumer services for the population, as well as other types of activity based solely on the personal labor of citizens and members of their families. The state regulates individual labor activity, ensuring its use in the interests of society.

Article 18 In the interests of present and future generations, the USSR is taking the necessary measures for the protection and scientifically substantiated, rational use of the land and its subsoil, water resources, flora and fauna, for the preservation of clean air and water, for the reproduction of natural resources and the improvement of the human environment.

Chapter 3 Social Development and Culture

Article 19 The social basis of the USSR is the indestructible alliance of workers, peasants and intelligentsia.

The state promotes the strengthening of the social homogeneity of society - the erasure of class differences, the essential differences between town and country, mental and physical labor, the comprehensive development and rapprochement of all nations and nationalities of the USSR.

Article 20 In accordance with the communist ideal “The free development of everyone is a condition for the free development of all,” the state aims to expand real opportunities for citizens to use their creative forces, abilities and talents, for the comprehensive development of the individual.

Article 21 The state takes care of improving the conditions and protection of labor, its scientific organization, the reduction, and in the future, the complete replacement of heavy physical labor on the basis of comprehensive mechanization and automation of production processes in all sectors of the national economy.

Article 22 In the USSR, a program is being consistently put into practice to transform agricultural labor into a variety of industrial labor; expansion in rural areas of the network of institutions of public education, culture, health care, trade and public catering, consumer services and public utilities; transformation of villages and villages into comfortable settlements.

Article 23 Based on the growth of labor productivity, the state is steadily pursuing a policy of raising the level of wages and real incomes of the working people.

In order to better meet the needs of the Soviet people, public consumption funds are being created. The state, with the broad participation of public organizations and labor collectives, ensures the growth and fair distribution of these funds.

Article 24 In the USSR, state systems of public health, social security, trade and public catering, consumer services and communal services are operating and developing.

The state encourages the activities of cooperative and other public organizations in all spheres of public services. It promotes the development of mass physical culture and sports.

Article 25 In the USSR there is and is being improved a unified system of public education, which provides general educational and vocational training for citizens, serves the communist education, spiritual and physical development of young people, and prepares them for work and social activities.

Article 26 In accordance with the needs of society, the state ensures the systematic development of science and the training of scientific personnel, organizes the implementation of the results of scientific research in the national economy and other spheres of life.

Article 27 The state takes care of the protection, multiplication and wide use of spiritual values for the moral and aesthetic education of the Soviet people, raising their cultural level.

The development of professional art and folk art is encouraged in every possible way in the USSR.

Chapter 4 Foreign Policy

Article 28 The USSR is steadfastly pursuing the Leninist policy of peace and is in favor of strengthening the security of peoples and broad international cooperation.

The foreign policy of the USSR is aimed at ensuring favorable international conditions for building communism in the USSR, protecting the state interests of the Soviet Union, strengthening the positions of world socialism, supporting the peoples' struggle for national liberation and social progress, preventing aggressive wars, achieving general and complete disarmament, and consistently implementing the principle of peaceful coexistence of states with different social systems.

Propaganda of war is prohibited in the USSR.

Article 29 The relations of the USSR with other states are built on the basis of observance of the principles of sovereign equality; mutual renunciation of the use of force or threat of force; inviolability of borders; territorial integrity of states; peaceful settlement of disputes; non-interference in internal affairs; respect for human rights and fundamental freedoms; equality and the right of peoples to control their own destiny; cooperation between states; conscientious fulfillment of obligations arising from the universally recognized principles and norms of international law, from the international treaties concluded by the USSR.

Article 30 The USSR, as an integral part of the world system of socialism, the socialist community, develops and strengthens friendship and cooperation, comradely mutual assistance with the socialist countries on the basis of the principle of socialist internationalism, actively participates in economic integration and in the international socialist division of labor.

Chapter 5. Defense of the Socialist Fatherland

Article 31 The defense of the socialist Fatherland is one of the most important functions of the state and is the business of the entire people.

In order to protect the socialist gains, the peaceful labor of the Soviet people, the sovereignty and territorial integrity of the state, the Armed Forces of the USSR were created and universal military duty was established.

The duty of the Armed Forces of the USSR to the people is to reliably defend the socialist Fatherland, to be in constant combat readiness, which guarantees an immediate rebuff to any aggressor.

Article 32 The state ensures the security and defense capability of the country, equips the Armed Forces of the USSR with everything necessary.

The duties of state bodies, public organizations, officials and citizens to ensure the security of the country and strengthen its defense capability are determined by the legislation of the USSR.

II. STATE AND INDIVIDUAL

Chapter 6. Citizenship of the USSR. Equality of citizens

Article 33 In the USSR, a single union citizenship was established. Every citizen of a Union Republic is a citizen of the USSR.

The grounds for and procedure for the acquisition and loss of Soviet citizenship are determined by the Law on Citizenship of the USSR.

Citizens of the USSR abroad enjoy the protection and patronage of the Soviet state.

Article 34 Citizens of the USSR are equal before the law regardless of origin, social and property status, race and nationality, sex, education, language, attitude to religion, type and nature of occupation, place of residence and other circumstances.

Equality of rights for citizens of the USSR is ensured in all areas of economic, political, social and cultural life.

Article 35 Women and men have equal rights in the USSR.

The implementation of these rights is ensured by providing women with equal opportunities with men in obtaining education and training, in work, remuneration for it and promotion at work, in socio-political and cultural activities, as well as special measures for the protection of labor and women's health; creating conditions that allow women to combine work with motherhood; legal protection, material and moral support for motherhood and childhood, including the provision of paid leave and other benefits to pregnant women and mothers, the gradual reduction of working hours for women with young children.

Article 36 Citizens of the USSR of various races and nationalities have equal rights.

The exercise of these rights is ensured by the policy of all-round development and rapprochement of all the nations and peoples of the USSR, the education of citizens in the spirit of Soviet patriotism and socialist internationalism, and the opportunity to use their native language and the languages of other peoples of the USSR.

Any direct or indirect restriction of rights, the establishment of direct or indirect advantages of citizens on racial and national grounds, as well as any preaching of racial or national exclusivity, enmity or neglect, are punishable by law.

Article 37 Foreign citizens and stateless persons in the USSR are guaranteed the rights and freedoms provided for by law, including the right to apply to court and other state bodies to protect their personal, property, family and other rights.

Foreign citizens and stateless persons staying on the territory of the USSR are obliged to respect the Constitution of the USSR and observe Soviet laws.

Article 38 The USSR grants the right of asylum to foreigners persecuted for defending the interests of working people and the cause of peace, for participating in a revolutionary and national liberation movement, for progressive socio-political, scientific or other creative activity.

Chapter 7. Fundamental rights, freedoms and duties of citizens of the USSR

Article 39 Citizens of the USSR have the full range of socio-economic, political and personal rights and freedoms proclaimed and guaranteed by the Constitution of the USSR and Soviet laws. The socialist system ensures the expansion of rights and freedoms, the continuous improvement of the living conditions of citizens as the programs of socio-economic and cultural development are carried out.

The use of rights and freedoms by citizens should not harm the interests of society and the state, the rights of other citizens.

Article 40 Citizens of the USSR have the right to work - that is, to receive guaranteed work with pay in accordance with its quantity and quality and not less than the minimum amount established by the state - including the right to choose a profession, occupation and work in accordance with vocation, abilities, training, education and social needs.

This right is ensured by the socialist economic system, the steady growth of the productive forces, free vocational training, the improvement of labor qualifications and training in new specialties, and the development of vocational guidance and employment systems.

Article 41 Citizens of the USSR have the right to rest.

This right is ensured by the establishment for workers and employees of a working week not exceeding 41 hours, a shorter working day for a number of professions and industries, a reduced duration of work at night; the provision of annual paid holidays, days of weekly rest, as well as the expansion of the network of cultural, educational and health institutions, the development of mass sports, physical culture and tourism; creation of favorable opportunities for recreation at the place of residence and other conditions for the rational use of free time.

The hours of work and rest of collective farmers are regulated by the collective farms.

Article 42 Citizens of the USSR have the right to health protection.

This right is ensured by free qualified medical care provided by state healthcare institutions; expanding the network of institutions for the treatment and promotion of the health of citizens; development and improvement of safety and industrial sanitation; carrying out extensive preventive measures; measures to improve the environment; special concern for the health of the younger generation, including the prohibition of child labor not related to training and labor education; the deployment of scientific research aimed at preventing and reducing morbidity, at ensuring a long-term active life of citizens.

Article 43 Citizens of the USSR have the right to material security in old age, in case of illness, complete or partial disability, and loss of a breadwinner.

This right is guaranteed by social insurance of workers, employees and collective farmers, temporary disability benefits; payment at the expense of the state and collective farms of pensions for old age, disability and for the loss of a breadwinner; employment of citizens who have partially lost their ability to work; caring for the elderly and the disabled; other forms of social security.

Article 44 Citizens of the USSR have the right to housing.

This right is ensured by the development and protection of state and public housing stock, promotion of cooperative and individual housing construction, fair distribution under public control of living space provided as the program for the construction of comfortable housing is implemented, as well as low rents and utility bills. Citizens of the USSR must take care of the housing provided to them.

Article 45 Citizens of the USSR have the right to education.

This right is ensured by the free of charge of all types of education, the implementation of universal compulsory secondary education for young people, the broad development of vocational, secondary specialized and higher education on the basis of the connection of education with life, with production; development of correspondence and evening education; the provision of state scholarships and benefits to pupils and students, the free distribution of school textbooks; the opportunity to study at school in their native language; creating conditions for self-education.

Article 46 Citizens of the USSR have the right to enjoy the achievements of culture.

This right is ensured by the general accessibility of the values of national and world culture, which are in state and public funds; development and uniform distribution of cultural and educational institutions throughout the country; the development of television and radio, book publishing and periodicals, a network of free libraries; expansion of cultural exchange with foreign countries.

Article 47 In accordance with the goals of communist construction, the citizens of the USSR are guaranteed freedom of scientific, technical and artistic creativity. It is ensured by the wide deployment of scientific research, inventive and rationalization activities, and the development of literature and art. The state creates the necessary material conditions for this, provides support to voluntary societies and creative unions, organizes the introduction of inventions and rationalization proposals in the national economy and other spheres of life.

Article 48 Citizens of the USSR have the right to participate in the management of state and public affairs, in the discussion and adoption of laws and decisions of national and local significance.

This right is ensured by the opportunity to elect and be elected to the Soviets of People's Deputies and other elected state bodies, to take part in nationwide discussions and voting, in people's control, in the work of state bodies, public organizations and bodies of public amateur performance, in meetings of labor collectives and at the place of residence. .

Article 49 Every citizen of the USSR has the right to submit proposals to state bodies and public organizations for improving their activities and to criticize shortcomings in their work.

Officials are obliged to consider the proposals and applications of citizens within the established time limits, give answers to them and take the necessary measures.

Prosecution for criticism is prohibited. Those who pursue criticism are held accountable.

Article 50 In accordance with the interests of the people and in order to strengthen and develop the socialist system, the citizens of the USSR are guaranteed freedoms of speech, the press, meetings, rallies, street processions and demonstrations.

The exercise of these political freedoms is ensured by the provision of public buildings, streets and squares to the working people and their organizations, the wide dissemination of information, and the possibility of using the press, television and radio.

Article 51 In accordance with the goals of communist construction, citizens of the USSR have the right to unite in public organizations that promote the development of political activity and amateur activity and the satisfaction of their diverse interests.

Public organizations are guaranteed conditions for the successful fulfillment of their statutory tasks.

Article 52 Citizens of the USSR are guaranteed freedom of conscience, that is, the right to profess any religion or none, to practice religious cults or conduct atheistic propaganda. Incitement of enmity and hatred in connection with religious beliefs is prohibited.

The church in the USSR is separated from the state and the school from the church.

Article 53 The family is under state protection.

Marriage is based on the voluntary consent of a woman and a man; spouses are completely equal in family relations.

The state takes care of the family by creating and developing a wide network of children's institutions, organizing and improving household and public catering services, paying benefits on the occasion of the birth of a child, providing benefits and benefits to large families, as well as other types of benefits and assistance to the family.

Article 54 Citizens of the USSR are guaranteed inviolability of the person. No one may be arrested except on the basis of a court decision or with the authorization of a prosecutor.

Article 55 Citizens of the USSR are guaranteed inviolability of their homes. No one has the right to enter a dwelling without a legal basis against the will of the persons living in it.

Article 56 The private life of citizens, the secrecy of correspondence, telephone conversations and telegraph messages are protected by law.

Article 57 Respect for the individual, protection of the rights and freedoms of citizens is the duty of all state bodies, public organizations and officials.

Citizens of the USSR have the right to judicial protection against encroachments on honor and dignity, life and health, personal freedom and property.

Article 58 Citizens of the USSR have the right to appeal against the actions of officials, state and public bodies. Complaints must be considered in the manner and within the time limits established by law.

Actions of officials committed in violation of the law, in excess of authority, infringing on the rights of citizens, may be appealed in court in accordance with the procedure established by law.

Citizens of the USSR have the right to compensation for damage caused by illegal actions of state and public organizations, as well as officials in the performance of their official duties.

Article 59 The exercise of rights and freedoms is inseparable from the fulfillment by a citizen of his duties.

A citizen of the USSR is obliged to abide by the Constitution of the USSR and Soviet laws, to respect the rules of socialist society, and to carry with dignity the high title of citizen of the USSR.

Article 60 It is the duty and a matter of honor of every able-bodied citizen of the USSR to work conscientiously in the field of socially useful activity chosen by him, and to observe labor discipline. Avoidance of socially useful labor is incompatible with the principles of socialist society.

Article 61 A citizen of the USSR is obliged to protect and strengthen socialist property. The duty of a citizen of the USSR is to fight the theft and waste of state and public property, to treat the people's good with care.

Persons who infringe on socialist property are punished according to the law.

Article 62 A citizen of the USSR is obliged to protect the interests of the Soviet state, to help strengthen its power and authority.

The defense of the socialist Fatherland is the sacred duty of every citizen of the USSR.

Treason to the motherland is the gravest crime against the people.

Article 63 Military service in the Armed Forces of the USSR is an honorable duty of Soviet citizens.

Article 64 The duty of every citizen of the USSR is to respect the national dignity of other citizens, to strengthen the friendship of the nations and nationalities of the Soviet multinational state.

Article 65 A citizen of the USSR is obliged to respect the rights and legitimate interests of other persons, to be irreconcilable to antisocial acts, and to contribute in every possible way to the protection of public order.

Article 66 Citizens of the USSR are obliged to take care of the upbringing of children, to prepare them for socially useful work, to raise them as worthy members of socialist society. Children have an obligation to take care of their parents and help them.

Article 67 Citizens of the USSR are obliged to protect nature and protect its riches.

Article 68 Concern for the preservation of historical monuments and other cultural values is the duty and duty of the citizens of the USSR.

Article 69 The international duty of a citizen of the USSR is to promote the development of friendship and cooperation with the peoples of other countries, the maintenance and strengthening of world peace.

III. NATIONAL-STATE STRUCTURE OF THE USSR

Chapter 8

Article 70 The Union of Soviet Socialist Republics is a single union multinational state formed on the basis of the principle of socialist federalism, as a result of the free self-determination of nations and the voluntary unification of equal Soviet Socialist Republics.

The USSR embodies the state unity of the Soviet people and unites all nations and nationalities for the joint building of communism.

Article 71 The following are united in the Union of Soviet Socialist Republics:

Russian Soviet Federative Socialist Republic,

Ukrainian Soviet Socialist Republic,

Belarusian Soviet Socialist Republic,

Uzbek Soviet Socialist Republic,

Kazakh Soviet Socialist Republic,

Georgian Soviet Socialist Republic,

Azerbaijan Soviet Socialist Republic,

Lithuanian Soviet Socialist Republic,

Moldavian Soviet Socialist Republic,

Latvian Soviet Socialist Republic,

Kirghiz Soviet Socialist Republic,

Tajik Soviet Socialist Republic,

Armenian Soviet Socialist Republic,

Turkmen Soviet Socialist Republic,

Estonian Soviet Socialist Republic.

Article 72 Each union republic retains the right to freely secede from the USSR.

Article 73 The Union of Soviet Socialist Republics, represented by its highest bodies of state power and administration, shall be subject to:

1) the admission of new republics to the USSR; approval of the formation of new autonomous republics and autonomous regions within the union republics;

2) determination of the state border of the USSR and approval of changes in the borders between the union republics;

3) the establishment of common principles for the organization and activities of republican and local bodies of state power and administration;

4) ensuring unity, legislative regulation throughout the territory of the USSR, establishing the foundations of the legislation of the USSR and the union republics;

5) implementation of a unified socio-economic policy, management of the country's economy; determination of the main directions of scientific and technological progress and general measures for the rational use and protection of natural resources; development and approval of state plans for the economic and social development of the USSR, approval of reports on their implementation;

6) development and approval of the unified state budget of the USSR, approval of the report on its implementation; management of a unified monetary and credit system; the establishment of taxes and revenues received for the formation of the state budget of the USSR; determination of the policy in the field of prices and wages;

7) management of branches of the national economy, associations and enterprises of union subordination; general management of branches of union-republican subordination;

8) issues of peace and war, protection of sovereignty, protection of state borders and territory of the USSR, organization of defense, leadership of the Armed Forces of the USSR;

9) ensuring state security;

10) representation of the USSR in international relations; relations of the USSR with foreign states and international organizations; establishing a general order and coordinating the relations of the union republics with foreign states and international organizations; foreign trade and other types of foreign economic activity on the basis of a state monopoly;

11) 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;

12) solution of other issues of all-Union importance.

Article 74 The laws of the USSR are equally valid on the territory of all Union republics. In the event of a discrepancy between the law of a union republic and the all-union law, the law of the USSR shall apply.

Article 75 The territory of the Union of Soviet Socialist Republics is united and includes the territories of the union republics.

The sovereignty of the USSR extends to its entire territory.

Chapter 9. Federal Soviet Socialist Republic

Article 76 The Union Republic is a sovereign Soviet socialist state that united with other Soviet republics to form the Union of Soviet Socialist Republics.

Outside the limits specified in Article 73 of the Constitution of the USSR, a union republic independently exercises state power on its territory.

A federal republic has its own Constitution, which corresponds to the Constitution of the USSR and takes into account the peculiarities of the republic.

Article 77 The Union Republic participates in the resolution of questions within the jurisdiction of the USSR in the Supreme Soviet of the USSR, the Presidium of the Supreme Soviet of the USSR, the Government of the USSR and other organs of the USSR.

The Union Republic ensures comprehensive economic and social development on its territory, facilitates the exercise of the powers of the USSR on this territory, and implements the decisions of the highest bodies of state power and administration of the USSR.

On matters within its jurisdiction, the union republic coordinates and controls the activities of enterprises, institutions and organizations of union subordination.

Article 78 The territory of a union republic cannot be changed without its consent. The boundaries between Union republics may be changed by mutual agreement of the respective republics, which is subject to approval by the USSR.

Article 79 The Union Republic determines its territorial, regional, district, district division and resolves other issues of administrative-territorial structure.

Article 80 The Union Republic has the right to enter into relations with foreign states, conclude treaties with them and exchange diplomatic and consular representatives, and participate in the activities of international organizations.

Article 81 The sovereign rights of the union republics are protected by the USSR.

Chapter 10. Autonomous Soviet Socialist Republic

Article 82 An autonomous republic is part of a union republic.

An autonomous republic, outside the limits of the rights of the USSR and a union republic, independently decides questions within its jurisdiction.

An autonomous republic has its own constitution, corresponding to the constitution of the USSR and the constitution of a union republic, and taking into account the peculiarities of an autonomous republic.

Article 83 The Autonomous Republic participates in the resolution of issues within the jurisdiction of the USSR and the Union Republic through the highest bodies of state power and administration, respectively, of the USSR and the Union Republic.

An autonomous republic ensures comprehensive economic and social development on its territory, facilitates the exercise of the powers of the USSR and the union republic on this territory, and implements the decisions of the highest organs of state power and administration of the USSR and the union republic.

On issues within its jurisdiction, the autonomous republic coordinates and controls the activities of enterprises, institutions and organizations of union and republican (union republic) subordination.

Article 84 The territory of an autonomous republic cannot be changed without its consent.

Article 85. The Russian Soviet Federative Socialist Republic consists of autonomous Soviet socialist republics: Bashkir, Buryat, Dagestan, Kabardino-Balkarian, Kalmyk, Karelian, Komi, Mari, Mordovian, North Ossetian, Tatar, Tuva, Udmurt, Chechen-Ingush, Chuvash, Yakut.

The Uzbek Soviet Socialist Republic includes the Karakalpak Autonomous Soviet Socialist Republic.

The Georgian Soviet Socialist Republic includes the Abkhazian and Adzharian Autonomous Soviet Socialist Republics.

The Azerbaijan Soviet Socialist Republic includes the Nakhichevan Autonomous Soviet Socialist Republic.

Chapter 11

Article 86 An autonomous region is part of a union republic or krai. The law on an autonomous region is adopted by the Supreme Soviet of the Union Republic on the proposal of the Council of People's Deputies of the Autonomous Region.

Article 87 The Russian Soviet Federative Socialist Republic consists of autonomous regions: Adyghe, Gorno-Altai, Jewish, Karachay-Cherkess, Khakass.

The Georgian Soviet Socialist Republic includes the South Ossetian Autonomous Region.

The Nagorno-Karabakh Autonomous Region is part of the Azerbaijan Soviet Socialist Republic.

The Tajik Soviet Socialist Republic includes the Gorno-Badakhshan Autonomous Region.

Article 88 An autonomous okrug is part of a krai or oblast. The law on autonomous regions is adopted by the Supreme Soviet of the Union Republic.

IV. COUNCILS OF PEOPLE'S DEPUTIES AND THE PROCEDURE FOR THEIR ELECTION

Chapter 12

Article 89 The Soviets of People's Deputies - the Supreme Soviet of the USSR, the Supreme Soviets of the Union Republics, the Supreme Soviets of the Autonomous Republics, the Territorial and Regional Soviets of People's Deputies, the Soviets of People's Deputies of Autonomous Regions and Autonomous Okrugs, the District, City, District in Cities, Township and Rural Soviets of People's Deputies - constitute unified system of public authorities.

Article 90 The term of office of the Supreme Soviet of the USSR, the Supreme Soviets of the Union Republics and the Supreme Soviets of the Autonomous Republics is five years.

The term of office of local Soviets of People's Deputies is two and a half years.

Elections to the Soviets of People's Deputies are scheduled no later than two months before the expiration of the term of office of the respective Soviets.

Article 91 The most important questions assigned to the jurisdiction of the respective Soviets of People's Deputies are considered and decided at their sessions.

The Soviets of People's Deputies elect standing commissions and create executive and administrative bodies, as well as other bodies accountable to them.

Article 92 The Soviets of People's Deputies form organs of people's control, combining state control with social control of the working people at enterprises, collective farms, institutions and organizations. The organs of people's control supervise the fulfillment of state plans and assignments; they are fighting violations of state discipline, manifestations of parochialism, a departmental approach to business, mismanagement and wastefulness, red tape and bureaucracy; contribute to the improvement of the work of the state apparatus.

Article 93 The Soviets of People's Deputies direct, directly and through the bodies they create, all branches of state, economic, social and cultural construction, adopt decisions, ensure their implementation, and exercise control over the implementation of decisions.

Article 94 The activity of the Soviets of People's Deputies is built on the basis of collective, free, business-like discussion and resolution of issues, publicity, regular reporting of executive and administrative bodies, other bodies created by the Soviets to the Soviets and the population, and wide involvement of citizens in their work.

The Soviets of People's Deputies and the bodies they create systematically inform the population about their work and decisions.

Chapter 13. Electoral system

Article 95 Elections of deputies to all Soviets of People's Deputies are held on the basis of universal, equal and direct suffrage by secret ballot.

Article 96 Elections of deputies are universal: all citizens of the USSR who have reached the age of 18 have the right to elect and be elected, with the exception of persons recognized as insane in the manner prescribed by law.

A citizen of the USSR who has reached the age of 21 may be elected a deputy of the Supreme Soviet of the USSR.

Article 97 Elections of deputies are equal: each elector has one vote; All voters participate in elections on an equal footing.

Article 98 Elections of deputies are direct: the deputies of all Soviets of People's Deputies are directly elected by the citizens.

Article 100 The right to nominate candidates for deputies belongs to organizations of the Communist Party of the Soviet Union, trade unions, the All-Union Leninist Communist Youth Union, cooperative and other public organizations, labor collectives, as well as meetings of servicemen in military units.

Citizens of the USSR and public organizations are guaranteed a free and comprehensive discussion of the political, business and personal qualities of candidates for deputies, as well as the right to agitate at meetings, in the press, on television and radio.

Expenses connected with the holding of elections to the Soviets of People's Deputies shall be covered by the state.

Article 101 Elections of deputies to the Soviets of People's Deputies are held according to electoral districts. A citizen of the USSR cannot, as a rule, be elected to more than two Soviets of People's Deputies.

The holding of elections to the Soviets is ensured by election commissions, which are formed from representatives from public organizations, labor collectives and meetings of military personnel in military units.

The procedure for conducting elections to the Soviets of People's Deputies is determined by the laws of the USSR and the Union and Autonomous Republics.

Article 102 Voters give orders to their deputies. The relevant Councils of People's Deputies consider the instructions of the voters, take them into account when developing plans for economic and social development and drawing up the budget, organize the implementation of the instructions and inform citizens about their implementation.

Chapter 14

Article 103 Deputies are authorized representatives of the people in the Soviets of People's Deputies.

By participating in the work of the Soviets, the deputies resolve issues of state, economic, social and cultural construction, organize the implementation of the decisions of the Soviets, exercise control over the work of state bodies, enterprises, institutions and organizations.

In his activities, the deputy is guided by the national interests, takes into account the needs of the population of the constituency, seeks to implement the instructions of the voters.

Article 104 The deputy exercises his powers without breaking with the production or service activities.

For the duration of the sessions of the Council, as well as for the exercise of deputy powers in other cases provided for by law, the deputy is released from the performance of production or official duties, while maintaining the average earnings at the place of permanent work.

Article 105 The deputy has the right to request to the relevant state bodies and officials who are obliged to respond to the request at the session of the Council.

A deputy has the right to apply to all state and public bodies, enterprises, institutions, organizations on issues of deputy activity and to take part in the consideration of the issues raised by him. The heads of the relevant state and public bodies, enterprises, institutions and organizations are obliged to receive the deputy without delay and consider his proposals within the established time limits.

Article 106 The deputy is provided with conditions for the unhindered and effective exercise of his rights and duties.

The immunity of deputies, as well as other guarantees of deputy activity, are established by the Law on the Status of Deputies and other legislative acts of the USSR, union and autonomous republics.

Article 107 A deputy is obliged to report on his work and the work of the Council to the voters, as well as to the collectives and public organizations that nominated him as a candidate for deputy.

A deputy who has not justified the trust of voters may be recalled at any time by decision of the majority of voters in the manner prescribed by law.

V. THE HIGHEST BODIES OF STATE POWER AND ADMINISTRATION OF THE USSR

Chapter 15

Article 108 The supreme body of state power in the USSR is the Supreme Soviet of the USSR.

The Supreme Soviet of the USSR is empowered to resolve all issues that the present Constitution refers to the jurisdiction of the USSR.

Adoption of the Constitution of the USSR, amendments to it; admission of new republics to the USSR, approval of the formation of new autonomous republics and autonomous regions; approval of state plans for the economic and social development of the USSR, the state budget of the USSR and reports on their implementation; the formation of bodies of the USSR accountable to it is carried out exclusively by the Supreme Soviet of the USSR.

The laws of the USSR are adopted by the Supreme Soviet of the USSR or by popular vote (referendum) held by decision of the Supreme Soviet of the USSR.

Article 109 The Supreme Soviet of the USSR consists of two chambers: the Soviet of the Union and the Soviet of Nationalities.

The Chambers of the Supreme Soviet of the USSR have equal rights.

Article 110 The Council of the Union and the Council of Nationalities consist of an equal number of deputies.

The Council of the Union is elected from constituencies with equal population.

The Council of Nationalities is elected according to the norm: 32 deputies from each union republic, 11 deputies from each autonomous republic, 5 deputies from each autonomous region and one deputy from each autonomous district.

The Council of the Union and the Council of Nationalities, on the proposal of the mandate commissions elected by them, decide on the recognition of the powers of the deputies, and in case of violation of the electoral legislation, on the recognition of the elections of individual deputies as invalid.

Article 111 Each chamber of the Supreme Soviet of the USSR elects a Chairman of the Chamber and four deputies.

The chairmen of the Council of the Union and the Council of Nationalities direct the meetings of the respective chambers and are in charge of their internal routine.

Joint sessions of the chambers of the Supreme Soviet of the USSR are chaired in turn by the chairmen of the Soviet of the Union and the Soviet of Nationalities.

Article 112 Sessions of the Supreme Soviet of the USSR are convened twice a year.

Extraordinary sessions are convened by the Presidium of the Supreme Soviet of the USSR on its initiative, as well as on the proposal of a union republic or at least a third of the deputies of one of the chambers. The session of the Supreme Soviet of the USSR consists of separate and joint sessions of the chambers, as well as sessions of the standing committees of the chambers or commissions of the Supreme Soviet of the USSR held between them. The session opens and closes at separate or joint sessions of the chambers.

Article 113 The right of legislative initiative in the Supreme Soviet of the USSR belongs to the Council of the Union, the Council of Nationalities, the Presidium of the Supreme Soviet of the USSR, the Council of Ministers of the USSR, the union republics represented by their highest bodies of state power, commissions of the Supreme Soviet of the USSR and the standing committees of its chambers, deputies of the Supreme Soviet of the USSR, the Supreme Court USSR, Prosecutor General of the USSR.

Public organizations represented by their all-Union bodies also have the right to initiate legislation.

Article 114 Draft laws and other issues submitted for consideration by the Supreme Soviet of the USSR are discussed by the chambers at their separate or joint sessions. If necessary, a draft law or a relevant issue may be submitted for preliminary or additional consideration to one or more commissions.

A law of the USSR is considered adopted if in each of the chambers of the Supreme Soviet of the USSR a majority of the total number of deputies of the chamber voted for it. Decrees and other acts of the Supreme Soviet of the USSR are adopted by a majority of the total number of deputies of the Supreme Soviet of the USSR.

Draft laws and other most important questions of state life, by decision of the Supreme Soviet of the USSR or the Presidium of the Supreme Soviet of the USSR, adopted on their initiative or at the proposal of a union republic, may be submitted for nationwide discussion.

Article 115 In case of disagreement between the Council of the Union and the Council of Nationalities, the issue is referred to a conciliation commission formed by the chambers on an equal footing, after which the issue is considered again by the Council of the Union and the Council of Nationalities at a joint session. If, in this case, no agreement is reached, the issue is transferred to the discussion of the next session of the Supreme Soviet of the USSR or submitted to a popular vote (referendum).

Article 116 The laws of the USSR, resolutions and other acts of the Supreme Soviet of the USSR are published in the languages of the Union republics with the signatures of the Chairman and Secretary of the Presidium of the Supreme Soviet of the USSR.

Article 117 A deputy of the Supreme Soviet of the USSR has the right to apply with an inquiry to the Council of Ministers of the USSR, to the ministers and heads of other bodies formed by the Supreme Soviet of the USSR. The Council of Ministers of the USSR or the official to whom the request is addressed are obliged to give an oral or written answer at a given session of the Supreme Soviet of the USSR within no more than three days.

Article 118 A deputy of the Supreme Soviet of the USSR may not be prosecuted, arrested or subjected to administrative penalties imposed in court without the consent of the Supreme Soviet of the USSR, and in the period between its sessions - without the consent of the Presidium of the Supreme Soviet of the USSR.

Article 119 The Supreme Soviet of the USSR elects at a joint meeting of the chambers the Presidium of the Supreme Soviet of the USSR - a permanent body of the Supreme Soviet of the USSR, accountable to it in all its activities and exercising, within the limits provided for by the Constitution, the functions of the supreme organ of state power of the USSR in the period between its sessions.

Article 120 The Presidium of the Supreme Soviet of the USSR is elected from among the deputies consisting of the Chairman of the Presidium of the Supreme Soviet, the First Deputy Chairman, and fifteen Vice-Chairmen - one from each union republic. Secretary of the Presidium and twenty-one members of the Presidium of the Supreme Soviet of the USSR.

Article 121 Presidium of the Supreme Soviet of the USSR:

1) calls elections to the Supreme Soviet of the USSR;

2) convenes sessions of the Supreme Soviet of the USSR;

3) coordinates the activities of the standing committees of the chambers of the Supreme Soviet of the USSR;

4) exercises control over the observance of the Constitution of the USSR and ensures the conformity of the constitutions and laws of the union republics with the Constitution and laws of the USSR;

5) gives an interpretation of the laws of the USSR;

6) ratifies and denounces international treaties of the USSR;

7) cancels resolutions and orders of the Council of Ministers of the USSR and the Councils of Ministers of the Union republics in case of their inconsistency with the law;

8) establishes military ranks, diplomatic ranks and other special ranks; assigns the highest military ranks, diplomatic ranks and other special ranks;

9) establishes orders and medals of the USSR; establishes honorary titles of the USSR; awards orders and medals of the USSR; assigns honorary titles of the USSR;

10) accepts citizenship of the USSR; decides on issues of renunciation of USSR citizenship and deprivation of USSR citizenship, on granting asylum;

11) issues all-Union acts of amnesty and grants pardons;

12) appoints and recalls diplomatic representatives of the USSR in foreign states and at international organizations;

13) accepts letters of credence and revocable letters of diplomatic representatives of foreign states accredited to him;

14) forms the USSR Defense Council and approves its composition, appoints and replaces the high command of the USSR Armed Forces;

15) declares martial law in separate localities or throughout the country in the interests of defending the USSR;

16) announces general or partial mobilization;

17) between sessions of the Supreme Soviet of the USSR declares a state of war in the event of a military attack on the USSR or in the event of the need to fulfill international treaty obligations for mutual defense against aggression;

18) exercises other powers established by the Constitution and laws of the USSR.

Article 122 The Presidium of the Supreme Soviet of the USSR in the period between sessions of the Supreme Soviet with subsequent submission for its approval at the next session:

1) introduces, if necessary, amendments to the current legislative acts of the USSR;

2) approves changes in the borders between the union republics;

3) on the proposal of the Council of Ministers of the USSR, forms and abolishes ministries of the USSR and state committees of the USSR;

4) on the proposal of the Chairman of the Council of Ministers of the USSR dismisses and appoints individual persons who are members of the Council of Ministers of the USSR.

Article 123 The Presidium of the Supreme Soviet of the USSR issues decrees and adopts resolutions.

Article 124 After the expiration of the powers of the Supreme Soviet of the USSR, the Presidium of the Supreme Soviet of the USSR retains its powers until the formation of a new Presidium by the newly elected Supreme Soviet of the USSR.

The newly elected Supreme Soviet of the USSR is convened by the Presidium of the Supreme Soviet of the USSR of the previous composition no later than two months after the elections.

Article 125 The Soviet of the Union and the Soviet of Nationalities elect permanent commissions from among the deputies for the preliminary consideration and preparation of questions relating to the jurisdiction of the Supreme Soviet of the USSR, as well as for facilitating the implementation of laws of the USSR and other decisions of the Supreme Soviet of the USSR and its Presidium, for monitoring the activities of state bodies and organizations. The chambers of the Supreme Soviet of the USSR may also create joint commissions on an equal footing.

The Supreme Soviet of the USSR creates, when it considers it necessary, investigative, auditing and other commissions on any issue.

All state and public bodies, organizations and officials are obliged to comply with the requirements of the commissions of the Supreme Soviet of the USSR and the commissions of its chambers, to provide them with the necessary materials and documents.

Recommendations of the commissions are subject to mandatory consideration by state and public bodies, institutions and organizations. The results of the consideration or the measures taken must be reported to the commissions within the prescribed period.

Article 126 The Supreme Soviet of the USSR exercises control over the activities of all state bodies accountable to it.

The Supreme Soviet of the USSR forms the Committee of People's Control of the USSR, which heads the system of organs of people's control.

The organization and procedure for the activities of the organs of people's control are determined by the Law on People's Control in the USSR.

Article 127 The procedure for the activity of the Supreme Soviet of the USSR and its bodies is determined by the Regulations of the Supreme Soviet of the USSR and other laws of the USSR issued on the basis of the Constitution of the USSR.

Chapter 16

Article 128 The Council of Ministers of the USSR - the Government of the USSR - is the highest executive and administrative body of state power in the USSR.

Article 129 The Council of Ministers of the USSR is formed by the Supreme Soviet of the USSR at a joint meeting of the Council of the Union and the Council of Nationalities, consisting of the Chairman of the Council of Ministers of the USSR, first deputies and deputy chairmen, ministers of the USSR, and chairmen of state committees of the USSR.

The Council of Ministers of the USSR includes ex officio chairmen of the Councils of Ministers of the Union republics.

On the proposal of the Chairman of the Council of Ministers of the USSR, the Supreme Soviet of the USSR may include in the Government of the USSR heads of other organs and organizations of the USSR.

The Council of Ministers of the USSR resigns its powers before the newly elected Supreme Soviet of the USSR at its first session.

Article 130 The Council of Ministers of the USSR is responsible to the Supreme Soviet of the USSR and is accountable to it, and in the period between sessions of the Supreme Soviet of the USSR - to the Presidium of the Supreme Soviet of the USSR, to which it is accountable.

The Council of Ministers of the USSR regularly reports on its work to the Supreme Soviet of the USSR.

Article 131 The Council of Ministers of the USSR is empowered to resolve all issues of state administration that fall within the jurisdiction of the USSR, insofar as they are not, according to the Constitution, within the competence of the Supreme Soviet of the USSR and the Presidium of the Supreme Soviet of the USSR.

Within its powers, the Council of Ministers of the USSR:

1) provides management of the national economy and socio-cultural construction; develops and implements measures to ensure the growth of the well-being and culture of the people, to develop science and technology, rational use and protection of natural resources, to strengthen the monetary and credit system, to pursue a unified price policy, wages, social security, organization of state insurance and a unified accounting system and statistics; organizes the management of industrial, construction, agricultural enterprises and associations, transport and communications enterprises, banks, as well as other organizations and institutions of union subordination;

2) develops and submits to the Supreme Soviet of the USSR current and long-term state plans for the economic and social development of the USSR, the state budget of the USSR; takes measures to implement state plans and budgets; presents to the Supreme Soviet of the USSR reports on the fulfillment of plans and the execution of the budget;

3) takes measures to protect the interests of the state, to protect socialist property and public order, to ensure and protect the rights and freedoms of citizens;

4) takes measures to ensure state security;

5) carries out general management of the development of the Armed Forces of the USSR, determines the annual contingents of citizens to be called up for active military service;

6) carries out general leadership in the field of relations with foreign states, foreign trade, economic, scientific, technical and cultural cooperation of the USSR with foreign countries; takes measures to ensure the fulfillment of international treaties of the USSR; approves and denounces intergovernmental international treaties;

7) forms, if necessary, committees, main directorates and other departments under the Council of Ministers of the USSR for economic, social, cultural and defense development.

Article 132 The Presidium of the USSR Council of Ministers, consisting of the Chairman of the Council of Ministers of the USSR, first deputies and deputy chairmen, acts as a permanent body of the Council of Ministers of the USSR to resolve issues related to ensuring the management of the national economy and other issues of state administration.

Article 133 The Council of Ministers of the USSR, on the basis of and in pursuance of the laws of the USSR and other decisions of the Supreme Soviet of the USSR and its Presidium, issues resolutions and orders and checks their execution. Decrees and orders of the Council of Ministers of the USSR are binding on the entire territory of the USSR.

Article 134 The Council of Ministers of the USSR has the right, on matters within the jurisdiction of the USSR, to suspend the execution of resolutions and orders of the Councils of Ministers of the Union republics, as well as to cancel acts of the ministries of the USSR, state committees of the USSR, and other bodies subordinate to it.

Article 135 The Council of Ministers of the USSR unites and directs the work of all-union and union-republic ministries and state committees of the USSR and other bodies subordinate to it.

All-Union ministries and state committees of the USSR direct the branches of government entrusted to them or carry out intersectoral administration throughout the entire territory of the USSR directly or through the bodies they create.

Union-republican ministries and state committees of the USSR direct the branches of management entrusted to them or carry out intersectoral management, as a rule, through the corresponding ministries, state committees, and other bodies of the union republics, and directly manage individual enterprises and associations that are under union subordination.

The procedure for the transfer of enterprises and associations from republican and local subordination to the union subordination is determined by the Presidium of the Supreme Soviet of the USSR.

The ministries and state committees of the USSR are responsible for the state and development of the spheres of administration entrusted to them; within their competence, issue acts on the basis of and in pursuance of the laws of the USSR, other decisions of the Supreme Soviet of the USSR and its Presidium, resolutions and orders of the Council of Ministers of the USSR; organize and check their implementation.

Article 136 The competence of the Council of Ministers of the USSR and its Presidium, the procedure for their activities, the relations of the Council of Ministers with other state bodies, as well as the list of all-Union and Union-Republican ministries and state committees of the USSR are determined on the basis of the Constitution by the Law on the Council of Ministers of the USSR.

VI. FOUNDATIONS OF BUILDING STATE AUTHORITIES AND MANAGEMENT IN THE UNION REPUBLICS

Chapter 17

Article 137 The supreme body of state power in a union republic is the Supreme Soviet of the union republic.

The Supreme Soviet of a union republic is empowered to resolve all issues that fall within the jurisdiction of the union republic under the Constitution of the USSR and the Constitution of the union republic.

Adoption of the Constitution of the Union Republic, making changes to it; approval of state plans for economic and social development, the state budget of the union republic and reports on their implementation; the formation of bodies accountable to it is carried out exclusively by the Supreme Soviet of the Union Republic.

The laws of a Union Republic are adopted by the Supreme Soviet of the Union Republic or by popular vote (referendum) held by decision of the Supreme Soviet of the Union Republic.

Article 138 The Supreme Soviet of a Union Republic elects the Presidium of the Supreme Soviet, a permanent body of the Supreme Soviet of a Union Republic, accountable to it in all its activities. The composition and powers of the Presidium of the Supreme Soviet of a Union Republic are determined by the Constitution of the Union Republic.

Article 139 The Supreme Soviet of the Union Republic forms the Council of Ministers of the Union Republic - the Government of the Union Republic - the highest executive and administrative body of state power of the Union Republic.

The Council of Ministers of a Union Republic is responsible to the Supreme Soviet of the Union Republic and is accountable to it, and in the period between sessions of the Supreme Soviet - to the Presidium of the Supreme Soviet of the Union Republic, to which it is accountable.

Article 140 The Council of Ministers of a union republic issues resolutions and orders on the basis of and in pursuance of legislative acts of the USSR and the union republic, resolutions and orders of the Council of Ministers of the USSR, organizes and checks their execution.

Article 141 The Council of Ministers of a Union Republic has the right to suspend the execution of resolutions and orders of the Councils of Ministers of Autonomous Republics, to cancel the decisions and orders of the executive committees of the regional, regional, city (cities of republican subordination) Councils of People's Deputies, the Councils of People's Deputies of Autonomous Regions, and in Union republics that do not have a regional divisions - the executive committees of the district and corresponding city Soviets of People's Deputies.

Article 142 The Council of Ministers of a union republic unites and directs the work of the union-republic and republican ministries, state committees of the union republic, and other bodies subordinate to it.

Union-republic ministries and state committees of a union republic direct the branches of government entrusted to them or carry out intersectoral management, reporting both to the Council of Ministers of the union republic and to the corresponding union-republic ministry of the USSR or the state committee of the USSR.

Republican ministries and state committees direct the branches of government entrusted to them or carry out intersectoral management, reporting to the Council of Ministers of the union republic.

Chapter 18
and administration of the autonomous republic

Article 143 The Supreme Council of the Autonomous Republic is the supreme body of state power of the Autonomous Republic.

Adoption of the Constitution of the Autonomous Republic, making changes to it; approval of state plans for economic and social development, as well as the state budget of the autonomous republic; the formation of bodies accountable to it is carried out exclusively by the Supreme Council of the Autonomous Republic.

The laws of an autonomous republic are adopted by the Supreme Council of the autonomous republic.

Article 144 The Supreme Council of the Autonomous Republic elects the Presidium of the Supreme Council of the Autonomous Republic and forms the Council of Ministers of the Autonomous Republic - the Government of the Autonomous Republic.

Chapter 19

Article 145 The organs of state power in krays, oblasts, autonomous oblasts, autonomous okrugs, districts, cities, districts in cities, towns, rural settlements are the respective Soviets of People's Deputies.

Article 146 Local Soviets of People's Deputies resolve all issues of local importance, proceeding from the national interests and interests of citizens residing on the territory of the Council, implement the decisions of higher state bodies, direct the activities of lower Soviets of People's Deputies, participate in the discussion of issues of republican and all-Union significance, contribute on them your suggestions.

Local Soviets of People's Deputies direct state, economic and socio-cultural construction on their territory; approve plans for economic and social development and the local budget; carry out management of state bodies, enterprises, institutions and organizations subordinate to them; ensure the observance of laws, the protection of state and public order, the rights of citizens; contribute to strengthening the country's defense capability.

Article 147 Within the limits of their authority, local Soviets of People's Deputies ensure comprehensive economic and social development on their territory; exercise control over compliance with the law by enterprises, institutions and organizations of higher subordination located in this territory; coordinate and control their activities in the field of land use, nature protection, construction, use of labor resources, production of consumer goods, socio-cultural, consumer and other services to the population.

Article 148 Local Soviets of People's Deputies make decisions within the limits of the powers granted to them by the legislation of the USSR, Union and Autonomous Republics.

Decisions of local Councils are binding on all enterprises, institutions and organizations located on the territory of the Council, as well as officials and citizens.

Article 149 The executive and administrative bodies of the local Soviets of People's Deputies are the executive committees elected by them from among the deputies.

Executive committees report at least once a year to the Councils that elected them, as well as at meetings of labor collectives and at the place of residence of citizens.

Article 150 The executive committees of local Soviets of People's Deputies are directly accountable both to the Soviet that elected them, and to the higher executive and administrative body.

VII. JUSTICE, ARBITRATION AND PROSECUTOR'S OVERSIGHT

Chapter 20. Court and Arbitration

Article 151 Justice in the USSR is carried out only by the courts.

In the USSR there are the Supreme Court of the USSR, the Supreme Courts of the Union Republics, the Supreme Courts of the Autonomous Republics, the Territorial, Regional, City Courts, the Courts of Autonomous Regions, the Courts of Autonomous Districts, the District (City) People's Courts, and military tribunals in the Armed Forces.

Article 152 All courts in the USSR are formed on the basis of the election of judges and people's assessors.

People's judges of district (city) people's courts are elected by the citizens of the district (city) on the basis of universal, equal direct suffrage by secret ballot for a term of five years. People's assessors of district (city) people's courts are elected at meetings of citizens at their place of work or residence by open voting for a term of two and a half years.

Higher courts are elected by the respective Councils of People's Deputies for a term of five years.

Judges of military tribunals are elected by the Presidium of the Supreme Soviet of the USSR for a period of five years, and people's assessors - by meetings of military personnel for a period of two and a half years.

Judges and people's assessors are responsible to the electors or the bodies that elected them, report to them and may be recalled by them in accordance with the procedure established by law.

Article 153 The Supreme Court of the USSR is the highest judicial body of the USSR and supervises the judicial activity of the courts of the USSR, as well as the courts of the Union republics, within the limits established by law.

The Supreme Court of the USSR is elected by the Supreme Soviet of the USSR and consists of the Chairman, his deputies, members and people's assessors. The Supreme Court of the USSR includes ex officio chairmen of the Supreme Courts of the Union republics.

The organization and procedure for the activities of the Supreme Court of the USSR are determined by the Law on the Supreme Court of the USSR.

Article 154 Consideration of civil and criminal cases in all courts is carried out collegially; in the court of first instance - with the participation of people's assessors. People's assessors in the administration of justice enjoy all the rights of a judge.

Article 155 Judges and people's assessors are independent and subject only to the law.

Article 156 Justice in the USSR is carried out on the basis of the equality of citizens before the law and the courts.

Article 157 The trial of cases in all courts is open. Hearing cases in a closed session of the court is allowed only in cases established by law, while observing all the rules of legal proceedings.

Article 158 The accused is guaranteed the right to defense.

Article 159 Judicial proceedings are conducted in the language of a union or autonomous republic, autonomous region, autonomous district, or in the language of the majority of the population of the given locality. Persons participating in the case who do not speak the language in which the proceedings are conducted are provided with the right to fully familiarize themselves with the case materials, participate in judicial actions through an interpreter and the right to speak in court in their native language.

Article 160 No one can be found guilty of committing a crime, or subjected to criminal punishment except by a court verdict and in accordance with the law.

Article 161 To provide legal assistance to citizens and organizations, there are bar associations. In cases stipulated by law, legal assistance to citizens is provided free of charge.

The organization and procedure for the activities of the bar are determined by the legislation of the USSR and the union republics.

Article 162 Participation of representatives of public organizations and labor collectives is allowed in legal proceedings in civil and criminal cases.

Article 163 The resolution of economic disputes between enterprises, institutions and organizations is carried out by state arbitration bodies within their competence. The organization and procedure for the activities of state arbitration bodies are determined by the Law on State Arbitration in the USSR.

Chapter 21

Article 164 Supreme supervision over the exact and uniform execution of laws by all ministries, state committees and departments, enterprises, institutions and organizations, executive and administrative bodies of local Soviets of People's Deputies, collective farms, cooperative and other public organizations, officials, as well as citizens is assigned to the Prosecutor General of the USSR and subordinate prosecutors.

Article 165 The Prosecutor General of the USSR is appointed by the Supreme Soviet of the USSR, is responsible to it and is accountable to it, and in the period between sessions of the Supreme Soviet - to the Presidium of the Supreme Soviet of the USSR, to which he is accountable.

Article 166 The prosecutors of the Union republics, autonomous republics, regions and autonomous regions are appointed by the USSR Prosecutor General. The prosecutors of autonomous districts, district and city prosecutors are appointed by the prosecutors of the union republics and approved by the USSR Prosecutor General.

Article 167 The term of office of the Prosecutor General of the USSR and all subordinate prosecutors is five years.

Article 168 The organs of the procurator's office exercise their powers independently of any local organs whatsoever, being subordinate only to the Prosecutor General of the USSR.

The organization and procedure for the activities of the bodies of the procurator's office are determined by the Law on the Prosecutor's Office of the USSR.

VIII. ARMS, FLAG, ANTHEM AND CAPITAL OF THE USSR

Article 169 The state emblem of the Union of Soviet Socialist Republics is an image of a sickle and a hammer against the background of the globe, in the rays of the sun and framed by ears of corn, with an inscription in the languages of the union republics: "Proletarians of all countries, unite!" At the top of the coat of arms is a five-pointed star.

Article 170 The state flag of the Union of Soviet Socialist Republics is a red rectangular panel with an image in its upper corner, near the staff, of a golden hammer and sickle and above them a red five-pointed star framed in a golden border. The ratio of the flag's width to its length is 1:2.

Article 171 The State Anthem of the Union of Soviet Socialist Republics is approved by the Presidium of the Supreme Soviet of the USSR.

Article 172 The capital of the Union of Soviet Socialist Republics is the city of Moscow.

IX. THE OPERATION OF THE CONSTITUTION OF THE USSR AND THE PROCEDURE FOR ITS AMENDMENTS

Article 173 The Constitution of the USSR has the highest legal force. All laws and other acts of state bodies are issued on the basis of and in accordance with the Constitution of the USSR.

Article 174 Amendments to the Constitution of the USSR are made by a decision of the Supreme Soviet of the USSR adopted by a majority of at least two-thirds of the total number of deputies in each of its chambers.

L. Brezhnev

M. Georgadze

7/X 77

L.I. Brezhnev. 1964-1982. Bulletin of the President's Archive. Special edition. M., 2006.

Burlatsky F.M. Leaders and advisers - from Khrushchev to Yeltsin. M., 2009.

Lukyanov A.I. Development and adoption of the Constitution of the USSR in 1977 (1962-1977). Chronological list of events related to the development and adoption of the Constitution of the USSR in 1977

Shubin A.V. Golden autumn or period of stagnation. USSR in 1975-1985 M., 2007.

Shubin A.V. Paradoxes of Perestroika: a missed chance for the USSR. M., 2005.

Why was the new Constitution adopted not in the 1960s, but more than a decade after work began on it?

What were the differences between the Constitutions of 1936 and 1977?

What were the differences between the Constitutions of 1924 and 1977?

What provisions of the text of the Constitution corresponded to the real state of affairs in the USSR?

What proposals were made during the “nationwide” discussion of the Constitution? Why were they not included in the text of the document? Which of them were implemented later?

When were the most significant amendments made to the USSR Constitution?

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