1977 Soviet Constitution
Encyclopedia
At the Seventh Session of the Supreme Soviet of the USSR Ninth Convocation on October 7, 1977, the third and last Soviet Constitution, also known as the "Brezhnev Constitution", was unanimously adopted. The official name of the Constitution was "Constitution (Fundamental Law) of the Union of Soviet Socialist Republics" .
The preamble stated that "the aims of the dictatorship of the proletariat
having been fulfilled, the Soviet state has become the state of the whole people." Compared with previous constitutions, the Brezhnev
Constitution extended the bounds of constitutional regulation of society. The first chapter defined the leading role of the Communist Party of the Soviet Union
(CPSU) and established principles for the management of the state and the government. Article 1 defined the USSR as a socialist state, as did all previous constitutions:
The difference is that, according to the new Constitution, the government no longer represented the workers and peasant
s alone. Later chapters established principles for economic management and cultural relations.
The 1977 Constitution was long and detailed. It included twenty-eight more articles than the 1936 Soviet Constitution
. The Constitution explicitly defined the division of responsibilities between the central and republic governments. For example, the Constitution placed the regulation of boundaries and administrative divisions within the jurisdiction of the republics. However, provisions established the rules under which the republics could make such changes. Thus, the Constitution concentrated on the operation of the government system as a whole.
Just like all preceding versions of the Soviet Constitution, the 1977 Constitution preserved the right of constituent Soviet republics to secede
from the Union; this provision would later play an important role in the dissolution of the Soviet Union
.
Soviet constitutions were frequently amended and had been changed more often than the constitutions of most Western countries. Nevertheless, the 1977 Constitution attempted to avoid frequent amendment by establishing regulations for government bodies (especially the lists of ministries, state commissions, and other bodies in the 1936 constitution) in separate, but equally authoritative, enabling legislation, such as the Law on the Council of Ministers of July 5, 1978. Other enabling legislation has included a law on citizenship, a law on elections to the Supreme Soviet, a law on the status of Supreme Soviet deputies, regulations for the Supreme Soviet, a resolution on commissions, regulations on local government, and laws on the Supreme Court and the Procuracy. The enabling legislation provided the specific and changing operating rules for these government bodies.
, they were unprecedented in many respects. The position of chairman of the Supreme Soviet was formally designated and given specific powers, particularly leadership over the legislative agenda, the ability to issue orders (rasporiazheniia), and formal power to conduct negotiations and sign treaties with foreign governments and international organizations. The Constitutional Oversight Committee, composed of people who were not in the Congress of People's Deputies
, was established and given formal power to review the constitutionality of laws
and normative acts of the central and republican governments and to suggest their suspension and repeal. The electoral process was constitutionally opened up to multiple candidacies, although not multiple-party candidacies. A legislative body—the Supreme Soviet—was to convene for regular spring and fall sessions, each lasting three to four months. Unlike the old Supreme Soviet, however, the new Supreme Soviet was indirectly elected by the population, being elected from among the members of the Congress of People's Deputies.
, freedom of press, and freedom of assembly
and the right to religious belief and worship
. In addition, the Constitution provided for freedom of artistic work, protection of the family, inviolability of the person and home, and the right to privacy. In line with the Marxist-Leninist
ideology of the government, the Constitution also granted social and economic rights not provided by constitutions in capitalist democracies. Among these were the rights to work, rest and leisure, health protection, care in old age and sickness, housing, education, and cultural benefits.
Unlike Western democratic constitutions, the Soviet Constitution placed limitations on political rights, whereas in democratic countries these limitations are usually left up to the federal legislative or judicial systems, or state constitutions and their corresponding executive, legislative and judicial systems. Article 6
effectively eliminated organized opposition to the government by granting to the CPSU
the power to lead and guide society. Article 39 enabled the government to prohibit any activities it considered detrimental by stating that "Enjoyment of the rights and freedoms of citizens must not be to the detriment of the interests of society or the state." Article 59 obliged citizens to obey the laws and comply with the standards of socialist society as determined by the party. The government did not treat as inalienable those political and socioeconomic rights the Constitution granted to the people. Citizens enjoyed rights only when the exercise of those rights did not interfere with the interests of the ruling elite, and the CPSU alone had the power and authority to determine policies for the government and society. For example, the right to freedom of expression contained in Article 52 could be suspended if the exercise of that freedom failed to be in accord with party policies. Until the era of glasnost
, freedom of expression did not entail the right to criticize the government. The government had the power to ban meetings by unsanctioned religious groups, and violations of the laws limiting the right to freedom of religious expression were severely punished under the republics' criminal codes.
The Constitution also failed to provide political and judicial mechanisms for the protection of rights. Thus, the Constitution lacked explicit guarantees protecting the rights of the people. In fact, the Supreme Soviet has never introduced amendments specifically designed to protect individual rights. Neither did the people have a higher authority within the government to which to appeal when they believed their rights had been violated. The Supreme Court had no power to ensure that constitutional rights were observed by legislation or were respected by the rest of the government. The Soviet Union also signed the Final Act of the Conference on Security and Cooperation in Europe (Helsinki Accords
), which mandated that internationally recognized human rights
be respected in the signatory countries. In the late 1980s, however, realigning constitutional and domestic law with international commitments on human rights was publicly debated.
" and provided punishment for this crime. The Constitution also obliged citizens to protect socialist property and oppose corruption. All citizens performed military service as a duty to safeguard and "enhance the power and prestige of the Soviet state." Violation of this duty was a betrayal of the motherland and the gravest of crimes. Finally, the Constitution required parents to train their children for socially useful work and to raise them as worthy members of socialist society.
The Constitution and other legislation protected and enforced Soviet citizenship
. Legislation on citizenship granted equal rights of citizenship to naturalized citizens as well as to the native born. Laws also specified that citizens could not freely renounce their citizenship. Citizens were required to apply for permission to do so from the Presidium of the Supreme Soviet
, which could reject the application if the applicant had not completed military service, had judicial duties, or was responsible for family dependants. In addition, the Presidium could refuse the application to protect national security. However, the Presidium could revoke citizenship for defamation of the Soviet Union or for acts damaging to national prestige or security.
, only publications in favor were allowed.
The preamble stated that "the aims of the dictatorship of the proletariat
Dictatorship of the proletariat
In Marxist socio-political thought, the dictatorship of the proletariat refers to a socialist state in which the proletariat, or the working class, have control of political power. The term, coined by Joseph Weydemeyer, was adopted by the founders of Marxism, Karl Marx and Friedrich Engels, in the...
having been fulfilled, the Soviet state has become the state of the whole people." Compared with previous constitutions, the Brezhnev
Leonid Brezhnev
Leonid Ilyich Brezhnev – 10 November 1982) was the General Secretary of the Central Committee of the Communist Party of the Soviet Union , presiding over the country from 1964 until his death in 1982. His eighteen-year term as General Secretary was second only to that of Joseph Stalin in...
Constitution extended the bounds of constitutional regulation of society. The first chapter defined the leading role of the Communist Party of the Soviet Union
Communist Party of the Soviet Union
The Communist Party of the Soviet Union was the only legal, ruling political party in the Soviet Union and one of the largest communist organizations in the world...
(CPSU) and established principles for the management of the state and the government. Article 1 defined the USSR as a socialist state, as did all previous constitutions:
- "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 the nations and nationalities of the country".
The difference is that, according to the new Constitution, the government no longer represented the workers and peasant
Peasant
A peasant is an agricultural worker who generally tend to be poor and homeless-Etymology:The word is derived from 15th century French païsant meaning one from the pays, or countryside, ultimately from the Latin pagus, or outlying administrative district.- Position in society :Peasants typically...
s alone. Later chapters established principles for economic management and cultural relations.
The 1977 Constitution was long and detailed. It included twenty-eight more articles than the 1936 Soviet Constitution
1936 Soviet Constitution
The 1936 Soviet constitution, adopted on December 5, 1936, and also known as the "Stalin" constitution, redesigned the government of the Soviet Union.- Basic provisions :...
. The Constitution explicitly defined the division of responsibilities between the central and republic governments. For example, the Constitution placed the regulation of boundaries and administrative divisions within the jurisdiction of the republics. However, provisions established the rules under which the republics could make such changes. Thus, the Constitution concentrated on the operation of the government system as a whole.
Just like all preceding versions of the Soviet Constitution, the 1977 Constitution preserved the right of constituent Soviet republics to secede
Secession
Secession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
from the Union; this provision would later play an important role in the dissolution of the Soviet Union
Dissolution of the Soviet Union
The dissolution of the Soviet Union was the disintegration of the federal political structures and central government of the Union of Soviet Socialist Republics , resulting in the independence of all fifteen republics of the Soviet Union between March 11, 1990 and December 25, 1991...
.
Amendment process
Adoption of the Constitution was a legislative act of the Supreme Soviet. Amendments to the Constitution were likewise adopted by legislative act of that body. Amendments required the approval of a two-thirds majority of the deputies of the Congress of People's Deputies and could be initiated by the congress itself; the Supreme Soviet, acting through its commissions and committees; the Presidium or chairman of the Supreme Soviet; the Constitutional Oversight Committee; the Council of Ministers; republic soviets; the Committee of People's Control; the Supreme Court; the Procuracy; and the chief state arbiter. In addition, the leading boards of official organizations and even the Academy of Sciences could initiate amendments and other legislation.Soviet constitutions were frequently amended and had been changed more often than the constitutions of most Western countries. Nevertheless, the 1977 Constitution attempted to avoid frequent amendment by establishing regulations for government bodies (especially the lists of ministries, state commissions, and other bodies in the 1936 constitution) in separate, but equally authoritative, enabling legislation, such as the Law on the Council of Ministers of July 5, 1978. Other enabling legislation has included a law on citizenship, a law on elections to the Supreme Soviet, a law on the status of Supreme Soviet deputies, regulations for the Supreme Soviet, a resolution on commissions, regulations on local government, and laws on the Supreme Court and the Procuracy. The enabling legislation provided the specific and changing operating rules for these government bodies.
Amendments to the 1977 Constitution
In October 1988, draft amendments and additions to the 1977 Constitution were published in the Soviet media for public discussion. Following the public review process, the Supreme Soviet adopted the amendments and additions in December 1988. The amendments and additions substantially and fundamentally changed the electoral and political systems. Although Soviet officials touted the changes as a return to "Leninist" forms and functions, citing that the Congress of People's Deputies had antecedents in the Congress of SovietsCongress of Soviets
The Congress of Soviets was the supreme governing body of the Russian Soviet Federative Socialist Republic and several other Soviet republics from 1917–36 and again from 1989-91. After the creation of the Soviet Union, the Congress of Soviets of the Soviet Union functioned as its legislative branch...
, they were unprecedented in many respects. The position of chairman of the Supreme Soviet was formally designated and given specific powers, particularly leadership over the legislative agenda, the ability to issue orders (rasporiazheniia), and formal power to conduct negotiations and sign treaties with foreign governments and international organizations. The Constitutional Oversight Committee, composed of people who were not in the Congress of People's Deputies
Congress of People's Deputies of the Soviet Union
The Congress of People's Deputies of the Soviet Union was the highest body of state authority of the Soviet Union from 1989 to 1991.-Background:...
, was established and given formal power to review the constitutionality of laws
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
and normative acts of the central and republican governments and to suggest their suspension and repeal. The electoral process was constitutionally opened up to multiple candidacies, although not multiple-party candidacies. A legislative body—the Supreme Soviet—was to convene for regular spring and fall sessions, each lasting three to four months. Unlike the old Supreme Soviet, however, the new Supreme Soviet was indirectly elected by the population, being elected from among the members of the Congress of People's Deputies.
Constitutional rights
An ostensibly democratic constitution, the Soviet Constitution included a series of civil and political rights. Among these were the rights to freedom of speechFreedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, freedom of press, and freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
and the right to religious belief and worship
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
. In addition, the Constitution provided for freedom of artistic work, protection of the family, inviolability of the person and home, and the right to privacy. In line with the Marxist-Leninist
Marxism-Leninism
Marxism–Leninism is a communist ideology, officially based upon the theories of Marxism and Vladimir Lenin, that promotes the development and creation of a international communist society through the leadership of a vanguard party over a revolutionary socialist state that represents a dictatorship...
ideology of the government, the Constitution also granted social and economic rights not provided by constitutions in capitalist democracies. Among these were the rights to work, rest and leisure, health protection, care in old age and sickness, housing, education, and cultural benefits.
Unlike Western democratic constitutions, the Soviet Constitution placed limitations on political rights, whereas in democratic countries these limitations are usually left up to the federal legislative or judicial systems, or state constitutions and their corresponding executive, legislative and judicial systems. Article 6
Article 6 of the Soviet Constitution
Article 6 of the 1977 Soviet Constitution placed limitations on the political rights of Soviet citizens. While the rest of the constitution theoretically assured the public freedom of speech, freedom of assembly and freedom of press these rights were rendered less meaningful by the reservation of...
effectively eliminated organized opposition to the government by granting to the CPSU
Communist Party of the Soviet Union
The Communist Party of the Soviet Union was the only legal, ruling political party in the Soviet Union and one of the largest communist organizations in the world...
the power to lead and guide society. Article 39 enabled the government to prohibit any activities it considered detrimental by stating that "Enjoyment of the rights and freedoms of citizens must not be to the detriment of the interests of society or the state." Article 59 obliged citizens to obey the laws and comply with the standards of socialist society as determined by the party. The government did not treat as inalienable those political and socioeconomic rights the Constitution granted to the people. Citizens enjoyed rights only when the exercise of those rights did not interfere with the interests of the ruling elite, and the CPSU alone had the power and authority to determine policies for the government and society. For example, the right to freedom of expression contained in Article 52 could be suspended if the exercise of that freedom failed to be in accord with party policies. Until the era of glasnost
Glasnost
Glasnost was the policy of maximal publicity, openness, and transparency in the activities of all government institutions in the Soviet Union, together with freedom of information, introduced by Mikhail Gorbachev in the second half of the 1980s...
, freedom of expression did not entail the right to criticize the government. The government had the power to ban meetings by unsanctioned religious groups, and violations of the laws limiting the right to freedom of religious expression were severely punished under the republics' criminal codes.
The Constitution also failed to provide political and judicial mechanisms for the protection of rights. Thus, the Constitution lacked explicit guarantees protecting the rights of the people. In fact, the Supreme Soviet has never introduced amendments specifically designed to protect individual rights. Neither did the people have a higher authority within the government to which to appeal when they believed their rights had been violated. The Supreme Court had no power to ensure that constitutional rights were observed by legislation or were respected by the rest of the government. The Soviet Union also signed the Final Act of the Conference on Security and Cooperation in Europe (Helsinki Accords
Helsinki Accords
thumb|300px|[[Erich Honecker]] and [[Helmut Schmidt]] in Conference on Security and Co-operation in Europe held in Helsinki 1975....
), which mandated that internationally recognized human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
be respected in the signatory countries. In the late 1980s, however, realigning constitutional and domestic law with international commitments on human rights was publicly debated.
Role of the citizen
Article 59 of the Constitution stated that citizens' exercise of their rights was inseparable from performance of their duties. Articles 60 through 69 defined these duties. Citizens were required to work and to observe labor discipline. The legal code labeled evasion of work as "parasitismParasitism (social offense)
Social parasitism is a charge that is leveled against a group or class in society which is considered to be detrimental to the whole by analogy with biologic parasitism .-General concept:...
" and provided punishment for this crime. The Constitution also obliged citizens to protect socialist property and oppose corruption. All citizens performed military service as a duty to safeguard and "enhance the power and prestige of the Soviet state." Violation of this duty was a betrayal of the motherland and the gravest of crimes. Finally, the Constitution required parents to train their children for socially useful work and to raise them as worthy members of socialist society.
The Constitution and other legislation protected and enforced Soviet citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
. Legislation on citizenship granted equal rights of citizenship to naturalized citizens as well as to the native born. Laws also specified that citizens could not freely renounce their citizenship. Citizens were required to apply for permission to do so from the Presidium of the Supreme Soviet
Presidium of the Supreme Soviet
The Presidium of the Supreme Soviet was a Soviet governmental institution – a permanent body of the Supreme Soviets . This body was of the all-Union level , as well as in all Soviet republics and autonomous republics...
, which could reject the application if the applicant had not completed military service, had judicial duties, or was responsible for family dependants. In addition, the Presidium could refuse the application to protect national security. However, the Presidium could revoke citizenship for defamation of the Soviet Union or for acts damaging to national prestige or security.
Critics of Soviet Constitution
Several Soviet professionals criticized the project of the Constitution of 1977, but such critiques were not taken into account and were not published in time; during the Brezhnev stagnationBrezhnev stagnation
The Era of Stagnation, also known as Brezhnev stagnation or the Stagnation Period, refers to a period of economic stagnation under the rules of Leonid Brezhnev, Yuri Andropov and Konstantin Chernenko in the history of the Soviet Union which started in the mid-1970s.-Terminology:Various authors...
, only publications in favor were allowed.
See also
- Soviet nation
- Article 6 of the Soviet ConstitutionArticle 6 of the Soviet ConstitutionArticle 6 of the 1977 Soviet Constitution placed limitations on the political rights of Soviet citizens. While the rest of the constitution theoretically assured the public freedom of speech, freedom of assembly and freedom of press these rights were rendered less meaningful by the reservation of...
- Constitution of Moldova (1978)Constitution of Moldova (1978)The Constitution of the Moldavian Soviet Socialist Republic of 15th April 1978 was the fundamental law of the Moldovan SSR, adopted in 1978.- History :...