The historical significance of the constitution of the ussr 1924

The formation of the USSR by the decision of the December (1922) Plenum of the Central Committee of the RCP (b) was formalized by an agreement. However, already the first meeting of the Central Executive Committee of the USSR makes a decision on the development of a number of acts of constitutional significance - the regulation on the flag and coat of arms of the USSR, the regulation on the USSR people's commissariats. In this regard, in February 1923 the Central Committee of the RCP (b) made a decision to create a commission to develop a draft constitution. But it was only on April 27 that such a commission of 25 people, including representatives of the CECs of all union republics, began its work. The commission was headed by M. I. Kalinin.

After consideration and discussion of the draft Constitution of the Central Committee of the RCP (b) and the commissions of the Central Executive Committee of the Union republics on July 6, 1923, the Central Executive Committee of the USSR approves it and puts it into effect. The final draft of the constitution was approved on January 31, 1924 by the Second Congress of Soviets.

Like the Constitution of the RSFSR of 1918, the Constitution of the USSR had a pronounced class character. It consolidated the leading role of the principles of the dictatorship of the proletariat on the territory of the Union republics. At the same time, it was the Constitution of a federal union state with a clearly defined supremacy of all-union power.

The 1924 Constitution consisted of two sections:

The Declaration on the Formation of the USSR, which was included in the text of the Basic Law without changes;

Treaty on the formation of the USSR.

The peculiarity of the constitution lies in the fact (and this distinguishes it from the constitution of 1918 and subsequent Soviet constitutions) that it does not have a characteristic of the social structure, there are no chapters on the rights and duties of citizens, electoral law, local authorities and government. All these issues were dealt with by republican constitutions. The main thing that the 1924 constitution pays attention to is the constitutional consolidation of the formation of the USSR, the rights of the Union and union republics, the system of the highest state bodies of the Union and union republics.

The declaration indicated the reasons that prompted the republics to unite into one union state: the fight against external enemies (intervention), the restoration of the destroyed economy. The Declaration contained a provision stating that access to the USSR was open to all republics "having to arise in the future." The document reflected the principles of voluntariness and equality of the union republics, as well as the right of each of them to freely secede from the USSR.

Under the Treaty, the USSR was constituted as a federal state, where the Union as a whole and each of its members individually were the bearers of sovereignty. The circle of sovereign rights of the Union is outlined mainly in Art. 1-2. Among the issues related to the competence of the supreme bodies of the Union, two groups can be distinguished mainly:

1. External functions of the state (foreign trade, foreign relations, border protection).

2. Economic affairs (general management of the national economy, management of its most important branches).

The sovereign rights of the republics were limited only by issues attributed to the competence of the Union. “Outside these limits, each union republic exercises its state power independently” (Art. 3). Some special rights were stipulated in the constitution: the right to secede from the Union (Art. 4); the right to the immutability of the territory; the right to one's own citizenship (but a citizen of each republic was considered at the same time a citizen of the USSR) (Art. 7); the right to have their own Basic Law, which must comply with the Constitution of the Union (Art. 5).

A significant place (from 3 to 9 chapters) in the constitution was assigned to the organization of the highest state bodies of the USSR. The highest authority in the USSR was the Congress of Soviets of the USSR. The delegates to the congress were elected at the republican congresses of the Soviets. The rate of representation was determined by the number of voters in cities (1 deputy per 25,000 voters) and provinces (1 deputy per 125,000 voters). The congress was to meet once a year. However, already in 1927 the IV Congress of Soviets established that henceforth the congresses would meet once every two years. It is important to note that the Congress had the exclusive right to amend the Constitution of the USSR.

The congress was not a permanent body. In the period between the congresses of Soviets, the supreme power in the USSR belonged to the Central Executive Committee, which was a bicameral body:

The Union Council was elected from among the representatives of the Union republics in proportion to their population (414 people);

The Council of Nationalities was composed of representatives of the union and autonomous republics (5 deputies from each) and autonomous regions (1 deputy from each).

Both chambers were equal. Any bill received the force of law only if it was approved by each of the chambers.

The CEC was both an executive and a legislative body. As the supreme body, it had the competence equal to the Congress of Soviets of the USSR (except for those that exclusively belonged to the Congress). According to the constitution, the CEC sessions were supposed to work 3 times a year. For the period between sessions of the CEC, the highest legislative and executive body was the Presidium of the CEC of the USSR, which was elected at a joint meeting of both chambers in the number of 21 people. The importance of the presidium grew more and more as the congresses of the Soviets and sessions of the CEC began to be convened less frequently. Therefore, the presidium soon began to resolve issues related to the competence of these authorities.

The Central Executive Committee of the USSR formed the government of the USSR - the Council of People's Commissars, which was the highest executive and administrative body. The SNK consisted of a chairman and ten people's commissars and could issue decrees and regulations within its competence. In its work, the Council of People's Commissars was responsible to the Central Executive Committee of the USSR and its presidium.

In the constitutional chapters on the highest state bodies of the USSR, the unity of the legislative and executive powers was enshrined. This was a manifestation of the Bolsheviks' rejection of the "bourgeois" principle of the separation of powers.

The organs of sectoral management in the USSR were the people's commissariats, which can be divided into three groups:

1) five all-union people's commissariats: foreign affairs, military and naval affairs, foreign trade, communications, posts and telegraphs. They were formed only in the Union and operated on the territory of the republics through representatives;

2) five united people's commissariats: VSNKh, food, labor, finance, RFL. They were formed both in the Union and in the republics, and thus, these people's commissariats ruled over those sectors that required centralization throughout the country and, at the same time, taking into account the specifics of the republics;

3) republican people's commissariats: justice, internal affairs, agriculture, health care, education, social security. These people's commissariats existed only in the republics and to a greater extent reflected local characteristics.

The USSR Constitution of 1924 lasted until December. 1936 As the Stalinist autocracy strengthened, national policy more and more steadily evolved towards replacing democratic federalism with rigid unitarianism, within which the weighty constitutional rights of the union republics became a fiction.

After the adoption of the first Constitution of the USSR, a process began to improve the Basic Laws of the Union Republics, which, in fact, resulted in the creation of new republican constitutions.

Thus, during the NEP period, a party state was formed on the territory of Russia: the party apparatus swallowed state bodies and itself became a structure of power. The new political system was a rigidly centralized structure, the basis of which was the hierarchy of party committees. The structures of the Soviet, economic, trade union, punitive, Komsomol and other bodies were built on the same type. Their activities were under the direct supervision of the relevant party bodies.

The formation of the USSR transformed the civil war a military-political union into a state union, but did not affect the essence of Soviet statehood. The status of a number of higher and central bodies was only raised. They received the status of all-union bodies. As a result of the administrative-territorial reform, the country returned to the old administrative structure, but under new names. National-state formations appeared - autonomous republics, autonomous regions and national districts.

Maintaining ………………………………………………………………………… ..3

1. Preconditions and stages of the formation of the USSR …………………………………………………………………………………………………………………… ..... 5

2. The formation of the USSR and its significance ...................... 8

3. Development and adoption of the Constitution of the USSR in 1924 ………………… ..... 12

Conclusion ……………………………………………………………………… 16

List of used literature ………………………………………… ... 17

Introduction

The relationship between the republics during the Civil War and foreign intervention took the form of a military alliance, which in 1920 was supplemented by an economic alliance. Relations began to be regulated by bilateral treaties, which became the basis for the creation of a government body (VTsIK), which would include representatives of the Soviet republics. On February 22, 1922, at the Genoa Conference, a protocol was signed on the transfer of the RSFSR's right to represent and defend the interests of all republics and to conclude international treaties and agreements on their behalf.

The economic union of the Soviet republics led to the need for political unification. The question of the formation of the USSR was considered by the union republics in the summer of 1922. During its discussion, various proposals were put forward on the form of unification of the republics (confederation, unitary state, autonomy).

In August 1922, the Organizing Bureau of the Central Committee of the RCP (b) created a special commission to develop the form of relations between the independent republics, which was proposed to unite the republics on the basis of full equality and form a new state in the form of a federation of independent republics - the Union of Soviet Socialist Republics. The commission drew up a draft, which served as the basis for the development of the provisions of the Treaty on the formation of the USSR. At the end of November 1922, this agreement was sent by the Commission for discussion to the union republics, which made a decision on the formation of the USSR and elected their plenipotentiary delegates to the I Congress of Soviets of the USSR. Thus, the Union of Soviet Socialist Republics was formed - a state that existed on political map the world for almost 70 years. It was a powerful superpower that united nations and peoples living today on the territory of new state formations.

On July 6, 1923, the draft Constitution of the USSR was approved at the 2nd session of the USSR Central Executive Committee of the first convocation, and in January 1924, the Constitution was approved by the 2nd Congress of Soviets of the USSR. It was the basic law of the USSR.

1. Prerequisites and stages of the formation of the USSR

The October Revolution of 1917 led to the collapse Russian Empire... The disintegration of the former unified state space, which had existed for several centuries, took place. However, the Bolshevik idea of a world revolution and the creation of a World Federative Republic of Soviets in the future forced a new unification process. An active role in the deployment of the unification movement was played by the RSFSR, whose authorities were interested in restoring a unitary state on the territory of the former Russian Empire. All this represented the ideological prerequisites for the formation of the USSR.

The national policy of the Bolsheviks of the Soviet state contributed to the growth of confidence in the central government. It was based on the principle of equality of all nations and nationalities and the right of nations to self-determination, enshrined in the Declaration of the Rights of the Peoples of Russia (November 2, 1917) and the Declaration of the Rights of the Working and Exploited People (January 1918). Beliefs, customs, national and cultural institutions of the peoples of the Volga region and Crimea, Siberia and Turkestan, the Caucasus and Transcaucasia were declared free and inviolable, which caused an increase in confidence in the new government not only on the part of the foreigners of Russia (who constituted 57% of the population), but also in European countries , Asia. The right to self-determination was used in 1917 by Poland and Finland. Throughout the rest of the territory of the former Russian Empire, national governments fought for national independence during the Civil War.

In connection with the victory of Soviet power on the main territory of the former Russian Empire, another prerequisite for the unification process arose - the unified nature of the political system (the dictatorship of the proletariat in the form of Soviets), similar features of the organization of state power and administration. In most republics, power belonged to the national communist parties. The instability of the international position of the young Soviet republics in the conditions of capitalist encirclement also dictated the need for unification.

The need for unification was also dictated by the historical commonality of the destinies of the peoples of the multinational state, the presence of long-term economic and cultural ties. Historically, an economic division of labor has developed between the various regions of the country: the industry of the center supplied the regions of the southeast and the north, receiving in return raw materials — cotton, timber, flax; southern regions were the main oil suppliers, coal, iron ore etc. The significance of this division increased after the end of the Civil War, when the task arose of restoring the destroyed economy and overcoming the economic backwardness of the Soviet republics. Textile and woolen factories, tanneries, printing houses were transferred to the national republics and regions from the central provinces, doctors and teachers were sent, all this represented the economic and cultural prerequisites for the formation of the USSR. The GOELRO (electrification of Russia) plan, adopted in 1920, also provided for the development of the economy of all regions of the country.

The formation of the Union of Soviet Socialist Republics took place in stages .

The war, and especially foreign intervention, demonstrated the need for a defensive alliance. In the summer of 1919, a military-political union of the Soviet republics was formed. On June 1, 1919, a decree was signed "On the unification of the Soviet republics of Russia, Ukraine, Latvia, Lithuania, Belarus for the fight against world imperialism." A unified military command was approved, economic councils, transport, finance and labor commissariats were united. It is clear that in those conditions, the management of the united financial system was carried out from Moscow, just as the national military formations were completely subordinate to the High Command of the Red Army. The military-political unity of the Soviet republics played a huge role in the defeat of the combined forces of intervention.

In 1920 - 1921 Russia, Ukraine, Belarus, Georgia, Armenia, Azerbaijan have concluded military-economic agreements among themselves. During this period, representatives of Ukraine, Belarus, the Transcaucasian republics entered the All-Russian Central Executive Committee of the RSFSR, and some people's commissariats began to unite. As a result, the Supreme Council of the National Economy of the RSFSR actually turned into a governing body for the industry of all republics. In February 1921, the State Planning Committee of the RSFSR was created, headed by G.M. Krzhizhanovsky, also called upon to lead the implementation of a single economic plan. In August 1921, the Federal Committee for Land Affairs was created in the RSFSR, which regulated the development of agricultural production and land use throughout the country. Since the spring of 1921, in response to V.I. Lenin on the economic unification of Georgia, Armenia, Azerbaijan, the creation of the Transcaucasian Federation began, organizationally taking shape in March 1922 (TSFSR).

In February 1922 in Moscow, a meeting of representatives of the RSFSR, Ukraine, Belarus, Azerbaijan, Armenia, Georgia, Bukhara, Khorezm and the Far Eastern Republic instructed the delegation of the All-Russian Central Executive Committee to represent at the international conference in Genoa on the economic restoration of Central and of Eastern Europe(April 1922) the interests of all Soviet republics, to conclude on their behalf any treaties and agreements. The RSFSR delegation was replenished with representatives of Ukraine, Azerbaijan, Georgia and Armenia.

2. The formation of the USSR and its significance

The resolution of the Plenum of the Central Committee of the RCP (b) on the form of unification of independent Soviet republics (dated October 6, 1922) recognized the need to conclude an agreement between Ukraine, Belarus, the Federation of the Transcaucasian Republics and the RSFSR on their unification into the Union of Socialist Soviet Republics, leaving each of them the right free secession from the Union. By November 30, the commission of the Central Committee of the RCP (b) developed the main points of the Constitution of the USSR, which were sent to the Communist Party of the republics for discussion. On December 18, 1922, the Plenum of the Central Committee of the RCP (b) discussed the draft Treaty on the formation of the USSR and proposed to convene a Congress of Soviets of the USSR.

The I Congress of Soviets of the USSR opened on December 30, 1922. 2215 delegates took part in it. The most numerous was the Russian delegation - 1727 people. I.V. Stalin. The congress basically approved the Declaration and the Treaty on the Formation of the USSR as part of four republics - the RSFSR, the Ukrainian SSR, the Byelorussian SSR, and the ZSFSR. The Declaration legally enshrined the principles of the union state structure: voluntariness, equality and cooperation on the basis of proletarian internationalism. Access to the union remained open to all Soviet republics. The treaty determined the procedure for the entry of individual republics into the USSR, the right to free exit, the competence of the highest bodies of state power. The congress elected the Central Executive Committee of the USSR (CEC) - the supreme body of power in the period between congresses.

In January 1924, the first Constitution of the USSR was adopted, according to which the Congress of Soviets of the USSR was declared the supreme body of power. In the intervals between them, the supreme power was exercised by the Central Executive Committee of the USSR, which consisted of two legislative chambers - the Council of the Union and the Council of Nationalities. The Central Executive Committee of the USSR formed a government - the Council of People's Commissars. Three types of commissariats were created (allied - foreign affairs, army and navy, foreign trade, communications, communications); unified (at the union and republican level); republican ( domestic politics, jurisprudence, public education). The OGPU received the status of a union commissariat. The powers for international border defense, internal security, planning and budget were also transferred to the allied bodies. Proclaiming the federal principle of the structure of the state, the Constitution of the USSR contained unitary tendencies, since, for example, it only declared and did not stipulate the mechanism for secession from the USSR, encouraged the intervention of the center in the affairs of the republics (Articles 13-29 Chapter IV), etc.

Since the end of the 20s. many republican enterprises were transferred to direct subordination union bodies, whose competence has significantly expanded in connection with the liquidation in 1932 of the Supreme Council of the National Economy. The number of union and union-republican people's commissariats grew. Since 1930, all lending has been concentrated in the union bodies, in particular the State Bank of the USSR. Centralization has occurred judicial system... At the same time, there was a restriction on the legislative initiative of the republics (in 1929, the republics' right to raise questions directly to the Central Executive Committee of the USSR was abolished - they had to first submit them to the Council of People's Commissars of the USSR). As a result, the scope of the powers and rights of the USSR in the management of industry and finance changes towards their expansion, which was a consequence of the tightening of centralization of management.

From the time of the adoption of the Constitution of 1924 and up to the Constitution of 1936, the process of nation-state building took place, which was carried out in the following directions: the formation of new union republics; changes in the state and legal form of some republics and autonomous regions; strengthening the role of the center, union authorities. In 1924, as a result of the national-state demarcation in Central Asia, where the borders did not coincide with the ethnic boundaries of the settlement of peoples, the Turkmen SSR and the Uzbek SSR were formed, in 1931 - the Tajik SSR. In 1936, the Kirghiz SSR and the Kazakh SSR were formed. In the same year, the Transcaucasian Federation was abolished, and the Republics of Armenia, Azerbaijan, Georgia were directly part of the USSR. In 1939, after the signing of the Soviet-German non-aggression pact, Western Ukraine and Western Belarus were annexed to the USSR. In 1940, Latvia, Lithuania, Estonia and the former Russian lands seized by Romania in 1918 (Bessarabia and Northern Bukovina) were included in the USSR.

The formation of the USSR united the efforts of the peoples to restore and develop the economy, culture, and overcome the backwardness of some republics. In the course of nation-building, a policy was pursued of pulling up the backward national regions, achieving de facto equality between them. To this end, from the RSFSR to Central Asia factories, factories with equipment and part of qualified personnel were transferred to the Transcaucasian Republic. Allocations were made here for irrigation, construction railways, electrification. Large tax payments were made to the budgets of other republics.

There were some positive results national policy Soviet government in the field of culture, education, health care systems in the republics. In the 20s - 30s. are created national schools, theaters, newspapers, literature in the languages of the peoples of the USSR are widely published. Some peoples receive the writing system developed by scientists for the first time. Health issues were addressed. So, if in the North Caucasus before 1917 there were 12 hospitals and only 32 doctors, then by 1939 only 335 doctors worked in Dagestan (of which 14% were representatives of the indigenous nationality). The Union of the Peoples of the USSR was one of the sources of the victory over fascism in 1941-1945.

In fact, the sovereignty of the union republics remained nominal, since real power in them was concentrated in the hands of the committees of the RCP (b). Key political, economic decisions were made by the central party bodies, which were obligatory for the republican ones. Internationalism in its practical implementation came to be regarded as the right to ignore the national identity and culture of peoples. The question was raised about the withering away of national and linguistic diversity on the way to communism. The Stalinist repressions in the republics and the subsequent deportations of peoples had a negative impact on the national policy. At the same time, not only the peoples of the USSR suffered from the struggle against nationalism, but the Russian people themselves. The administrative tendencies of the national policy of the USSR created the basis for the formation of potential hotbeds of future interethnic conflicts. At the same time, the Soviet leadership sought to suppress separatist tendencies in national regions by creating a local bureaucracy there, providing it with visible independence under real strict control from the central government.

3. Development and adoption of the Constitution of the USSR in 1924

In accordance with the decision of the 1st Congress of Soviets and the Central Executive Committee of the USSR, the Presidium of the Central Executive Committee of the USSR on January 10, 1923 formed six commissions to prepare the most important parts of the future Constitution:

1. Commission for the creation of regulations on the Council of People's Commissars, STO and People's Commissariats of the USSR;

2. Budget Commission;

3. Commission for the development of regulations on the Supreme Court of the USSR;

4. Commission on approval national flag and the coat of arms of the USSR;

5. Commission for the development of regulations on the Central Executive Committee of the USSR and its members;

6. Commission on the personal composition of the people's commissariats and collegia.

In accordance with the decision of the First Congress of Soviets of the USSR, the Presidium of the Central Executive Committee of the USSR decided to send the texts to the Central Executive Committee of the Union republics as soon as possible. Work began on the draft Constitution of the USSR directly and in the union republics.

During the preparation of the draft Constitution of the USSR, there were lively disputes bearing the character of great-power chauvinism and local nationalism. Again, proposals were made that were rejected in the process of creating the USSR. The ruling Communist Party actively participated in the development of the draft Constitution of the USSR. The XII Congress of the RCP (b), held on April 17-25, 1923, was of great importance for the development of the Constitution of the USSR.The Congress spoke in favor of the fact that the supreme bodies of the USSR should be built in such a way that they reflect not only the general needs and requirements of all nationalities of the Union, but also the specific needs and requirements of individual nationalities. Therefore, the congress noted the need to create in the system of the highest bodies of the USSR a special body for the representation of nationalities on the basis of equality. Soon, the Central Executive Committee of the USSR formed an expanded Constitutional Commission of 25 people, including representatives of the Central Executive Committee of all Union republics. This commission was headed by M.I. Kalinin. In the course of its work, the Constitutional Commission took into account all the comments and amendments sent from the republics. Of particular importance in identifying and agreeing the opinions of the representatives of the republics was the meeting held on June 9-12, 1923 with the responsible workers of the national republics and regions. The meeting spoke in favor of the creation of a second chamber of the Central Executive Committee of the USSR from representatives of union and autonomous republics, approved by the Congress of Soviets of the USSR. The meeting also gave the name to the two future chambers of the Central Executive Committee of the USSR - the Union Council and the Council of Nationalities. The meeting spoke in favor of the equality of the chambers, the preservation of the right of legislative initiative for each of them. The need was noted for the creation of one Presidium of the USSR Central Executive Committee, elected by both chambers of the Central Executive Committee, ensuring the representation of nationalities.

On June 26-27, 1923, the draft Constitution was discussed, supplemented and approved by the Plenum of the Central Committee of the RCP (b). Special sessions of the Central Executive Committee of the RSFSR, Ukrainian SSR, BSSR, ZSFSR, held in late June - early July, discussed and approved the draft Constitution of the USSR. And on July 6, 1923, the II session of the Central Executive Committee of the USSR unanimously approved the draft Constitution of the USSR and adopted a resolution "On the introduction of the Constitution of the Union of Soviet Socialist Republics." In January 1924, approved on July 6, 1923 by the Central Executive Committee of the USSR, the draft Constitution of the USSR was approved by the congresses of the union republics. The work on the first Constitution of the USSR was being completed at the II Congress of Soviets of the USSR. The second point in the work of the congress was the question of approving the Constitution of the USSR. On January 31, 1924, the Second Congress of Soviets of the USSR unanimously approved the Constitution of the USSR. The first Constitution of the USSR went down in history as the Constitution of the USSR in 1924.

1) Declaration on the formation of the USSR, which was signed by Russia, Ukraine, Belarus, the Transcaucasian Republic, and later by Uzbekistan and Turkmenistan. The Declaration on the Formation of the USSR reflected the following unification of the republics into the USSR: voluntariness, equality, the right to withdraw;

2) Treaty on the formation of the USSR, which consisted of 11 chapters:

On the subjects of jurisdiction of the supreme bodies of power of the USSR;

On the sovereign rights of the union republics and union citizenship. The rights of the republics included the right to secede from the Union and the impossibility of changing its borders without the consent of the republic itself. A single citizenship of the USSR was established for all republics;

On the Congress of Soviets of the USSR. The functions of power and the procedure for forming the Congress of Soviets of the USSR actually remained the same as in the Constitution of 1918;

About the Central Executive Committee of the USSR, which consisted of two chambers - the Union Council and the Council of Nationalities. The Union Council was formed by a congress of representatives of the Union republics. The Council of Nationalities was formed from representatives of the union and autonomous republics (5 people from each), as well as from the autonomous regions (1 from each). CEC sessions were to be held 3 times a year. In the period between sessions, the supreme authority was the Presidium of the CEC of 21 people. A joint meeting of the chambers was envisaged in the formation of the CEC and the Council of People's Commissars;

On the Presidium of the Central Executive Committee of the USSR, which was announced as the highest legislative, executive and administrative body of power in the USSR. He had the right to cancel or suspend decisions of the government and all other authorities in the country, to issue any decisions and instructions of his own;

On the Council of People's Commissars of the USSR, which is the executive and administrative body of the Central Executive Committee. The Council of People's Commissars consisted of 12 people: the chairman, his deputy, the chairman of the Supreme Council of the National Economy and 9 people's commissars;

On the Supreme Court of the USSR. The competence of the Supreme Court included not only giving guidance to the Supreme Courts of the Union Republics, but also consideration and appeal to the CEC of certain decisions on the proposal of the Prosecutor of the Supreme Court, as well as the resolution of judicial disputes between the Union republics;

On the People's Commissariats of the USSR;

On the United State Political Administration. It was created in order to unite the revolutionary efforts of the union republics in the fight against political and economic counter-revolution, espionage and banditry under the Council of People's Commissars;

About the union republics. Almost all of them had to, subordinate to the central executive committees and councils of people's commissars of the union republics, carry out in their activities the directives of the corresponding people's commissariats and Soviet bodies of the USSR.

On the coat of arms, flag and capital of the USSR.

Conclusion

The formation of the USSR was an event of historical significance. Soviet Union, created in those years, played an important role in the life of the peoples inhabiting it. He has had a tremendous impact on world development.

The first Union Constitution, adopted in 1924, in contrast to the Constitution of the RSFSR of 1918, gave an exhaustive list of subjects of jurisdiction (although in some cases it also referred to specific powers) of the highest authorities of the USSR and determined that the sovereignty of the Union republics is limited only within the limits specified in this Constitution, and only in subjects referred to the competence of the Union.

The main meaning of the 1924 Constitution of the USSR is the constitutional consolidation of the formation of the USSR and the division of the rights of the USSR and the union republics.

List of sources used

1. The main law (Constitution) of the Union of Soviet Socialist Republics. Adopted by the second session of the USSR Central Executive Committee of the first convocation on July 6, 1963 and in the final version by the II Congress of Soviets of the USSR on January 31, 1924.

2.Isaev I.A. History of State and Law of Russia: Textbook.-2nd ed., Revised. And add. - M .: Jurist, 2002.-768s.

3. General history law and state: textbook / V.G. Grafsky.-3rd ed., add. - M .: Norma: Infra - M, 2010.-816s.

4. History of State and Law of Russia: Textbook / ed. Yu.P. Titova - M .: Prospect, 2001 .-- 544s.

Isaev I.A. History of State and Law of Russia: Textbook.-2nd ed., Revised. And add. - M .: Jurist, 2002.-349s.

Basic Law (Constitution) of the Union of Soviet Socialist Republics. Adopted by the second session of the USSR Central Executive Committee of the first convocation on July 6, 1963 and in the final version by the II Congress of Soviets of the USSR on January 31, 1924. Article 8 Chapter 3.

History of State and Law of Russia: Textbook / Ed. Yu.P. Titov. - M .: Prospect, 2001 .-- 275s.

Basic Law (Constitution) of the Union of Soviet Socialist Republics. Adopted by the second session of the USSR Central Executive Committee of the first convocation on July 6, 1963 and in the final version by the II Congress of Soviets of the USSR on January 31, 1924.

USSR Constitution of 1924- the first basic law of the Union of Soviet Socialist Republics; was approved by the Second Congress of Soviets of the USSR in January 1924.

State structure on the basis of Soviet power and the dictatorship of the proletariat, enshrined in, reflected the multinational character of the Soviet Union.

The adoption of the Constitution contributed to the recognition of the USSR by foreign powers.

Changes and additions were made to the text of the Constitution as necessary. In 1936, a new Constitution of the USSR was adopted.

History of adoption

Declaration on the formation of the USSR
Treaty on the formation of the USSR.

Main article: Declaration on the formation of the USSR

The declaration formulated the principles of unification (voluntariness and equality), the special nature of the national policy of the Soviet state. She did not just declare the creation of the Union. She set him a goal, being imbued with the aspiration of a world revolution that reigned at that time. Quotes from the Declaration:

"Since the formation of the Soviet republics, the states of the world have split into two camps: the camp of capitalism and the camp of socialism."
"Access to the Union is open to all socialist Soviet republics, both existing and those that will arise in the future"
"The new union state ... will serve as a faithful bulwark against world capitalism and a new decisive step towards uniting the working people of all countries into the World Socialist Soviet Republic."

Treaty on the formation of the USSR

The treaty as amended by the Constitution of 1924 included 11 chapters:

Chapter I. Subjects of jurisdiction of the supreme organs of power of the Union of Soviet Socialist Republics
Chapter II. On the sovereign rights of the union republics and on union citizenship
Chapter III. On the Congress of Soviets of the USSR
Chapter IV. About the Central Executive Committee of the USSR
Chapter V. On the Presidium of the Central Executive Committee of the USSR
Chapter VI. On the Council of People's Commissars of the USSR
Chapter VII. On the Supreme Court of the USSR
Chapter VIII. On the People's Commissariats of the USSR
Chapter IX. About the United State Political Administration
Chapter X. Of the Union Republics
Chapter XI. On the coat of arms, flag and capital of the USSR

Basic provisions of the 1924 Constitution

The first Union Constitution gave an exhaustive list of subjects of reference. According to the Constitution, the exclusive jurisdiction of the Union included:

foreign relations and trade,
resolving issues of war and peace,
organization and leadership of the armed forces,
general management and planning of the economy and budget,
development of the foundations of legislation (all-union justice).

The approval and amendment of the basic principles of the Constitution were in the exclusive competence of the Congress of Soviets of the USSR. The union republic retained the right to secede from the USSR, the territory could be changed only with its consent. A single union citizenship was established.

The supreme body of the USSR was declared the Congress of Soviets of the USSR, elected from the city Soviets and from the provincial congresses of Soviets. At the same time, a system of indirect elections of delegates to the congress was established.

In the period between the congresses, the supreme body of power was the Central Executive Committee (CEC) of the USSR, which consisted of the Union Council (elected by the congress from representatives of the republics in proportion to the population) and the Council of Nationalities (made up of representatives of the Union and autonomous republics).

In the intervals between sessions of the USSR Central Executive Committee, the supreme legislative body was the Presidium of the USSR Central Executive Committee (elected at a joint meeting of the chambers), which could suspend the decisions of the congresses of the councils of the union republics and cancel the decisions of the Council of People's Commissars of the USSR, the People's Commissars of the USSR, the Central Executive Committee and the Council of People's Commissars of the Union republics.

The Central Executive Committee of the USSR formed the highest executive and administrative body - the Council of People's Commissars of the USSR, which included the chairman of the Council of People's Commissars, his deputies and ten people's commissars.

The change in the status of the union republics in the process of the formation of the USSR was expressed in the fact that they became part of the federal union and fell into the subordination of its authorities and administration. The jurisdiction of the republican bodies began to extend to those areas and issues that did not constitute the exclusive competence of the Union. The interests of the republics were represented in the structures of union bodies (the Presidium of the Central Executive Committee of the USSR, the Council of Nationalities) by their representatives.

Under the Constitution, the center received significant powers to control the periphery. The Constitution aimed to create a new political culture - "proletarian in content and national in form", and represented a compromise between the communist plans of universal unification and national traditions.

NON-STATE EDUCATIONAL INSTITUTION

HIGHER PROFESSIONAL EDUCATION

"ACADEMY OF MANAGEMENT" TISBI "

correspondence legal department

TEST

on the course: "History of the domestic state and law"

on the topic: "The Constitution of the USSR in 1924"

I've done the work:

student group 93/2

V.V. Chernova

Kazan, 2010

Introduction

Section 1. Formation of the USSR. Declaration and Treaty on the formation of the USSR

Section 2. Development and adoption of the Constitution of the USSR

Section 3. The question of state sovereignty in the Constitution

Section 4. Structure and competence of state bodies

Conclusion

List of sources and literature used

Introduction

On December 30, 1922, a state was formed - the Union of Soviet Socialist Republics (USSR). The USSR was formed by four Soviet republics - RSFSR, Ukrainian SSR, BSSR, ZSFSR arising in different time and in different ways and became its first members.

On January 31, 1924, the Second All-Russian Congress of Soviets adopted the first Constitution of the USSR. It proclaimed the unification of the working people of all countries into the world socialist Soviet Republic.

The creation of the USSR was not a one-time act, but was the result of a rather long, multi-stage path that showed how difficult and, at the same time, important was the creation of a new type of state.

In the presented test work I will focus on the main and key, in my opinion, the reasons, prerequisites, stages of the formation of the USSR.

The work consists of an introduction, four sections, a conclusion, a list of used literature and sources.

Section 1

Formation of the USSR. Declaration and Treaty on the formation of the USSR.

After the Great October Socialist Revolution, a number of autonomous and independent national republics arose on the territory of the former Russian Empire. Strong ties were established between the Soviet republics.

Defending the gains of the revolution, including their national independence, the RSFSR and other Soviet republics, even during the years of the civil war, concluded a number of bilateral treaties among themselves, thus creating a close military-political alliance. Ties between the republics grew stronger from year to year. Thus, under an agreement signed in November 1920, a number of state bodies of the RSFSR and Azerbaijan were united in the spheres of defense, economy, foreign trade, food, transport, finance and communications. Subsequently, in late 1920 - early 1921, similar bilateral agreements with the RSFSR were also concluded by Ukraine, Belarus, Armenia and Georgia. This was an important stage in nation-building.

For the approval of the union of nations, there were the necessary conditions: peoples in close unity made a revolution, they had one goal - socialism.

An important factor of unity was the existence of a common Communist Party - the RCP (b). The communist parties of the republics acted under her leadership and enjoyed the rights of regional committees.

The formation of the USSR was determined by serious reasons. Primarily it was necessary to unite the then scarce economic resources republics for a more successful reconstruction of destroyed by wars National economy and the implementation of NEP. It was necessary to unite finances, transport, communications, to plan the national economy on a national scale. It was necessary to take into account the historically established division of labor between individual economic regions country. It was also necessary to eliminate the age-old backwardness. national outskirts... The unification of the republics would ensure their independence and would make it possible to more successfully solve foreign policy problems; both defense and diplomatic. The political precondition for the formation of the USSR was the presence of the dictatorship of the proletariat in the republics. The economic prerequisite was public ownership of the means of production.

The question of closer relations between the republics was raised at the initiative of the republics themselves. Representative bodies of all future subjects of the federation spoke in favor of its creation.

On August 11, 1922, the Organizing Bureau of the Central Committee of the RCP (Bolsheviks) created a commission to prepare for the Plenum of the Central Committee the issue of the republics' relations. In September, the commission considered and adopted a project that provided for the inclusion of Belarus, Ukraine, Transcaucasia in the RSFSR as autonomous republics, that is, their "autonomization". Implementing it would mean diminishing the rights of the Soviet states allied with the RSFSR, subordinating them to Russia. It is no coincidence that this project provoked objections in the party organs of some republics. V educational literature according to the history of the fatherland, it is asserted that Stalin was the author of the "autonomization" plan. In essence, the author of the idea of "autonomization" was D.Z. Manuilsky, inclined to a certain extent towards national nihilism. And the Orgburo commission, a collegiate one, made a decision in the same spirit, and no one objected to this very "autonomization". The only one who opposed the decision was the representative of Georgia, B. Mdivani, but he did not object to the entry of the union republics into the RSFSR, but strove for the Georgian Republic to enter the union independently, and not as part of the Transcaucasian Federation, that is, he opposed the Transfederation , and not the formation of a federal union of all Soviet republics. Draft decree was really prepared by Stalin, but on September 23 it was unanimously adopted by the Central Committee commission on the point on the form of the unification of the republics. Thus, it ceased to be the fruit of Stalin's personal creativity, but turned into a document of the commission.

The materials of the discussion of the project in the republics were sent to the ailing Lenin, which resulted in a letter from Vladimir Ilyich to the members of the Politburo, where he formulated his idea of the formation of the USSR. In a letter written on September 26, 1922, Lenin proposed uniting the Soviet republics into a union state, all of whose members would be equal. Union republics, according to V.I. Lenin, while remaining sovereign, would transfer at the same time certain important functions of administration to the jurisdiction of the federation, which bears the name of the Union of Soviet Socialist Republics. In October 1922, the Plenum of the Central Committee of the RCP (b) adopted a decision on the need to unite the Soviet republics on the basis of Leninist principles.

In December 1922, congresses of the Soviets of Transcaucasia, Ukraine, Belarus were held, at which resolutions on the need to create the USSR were adopted. After that, the X All-Russian Congress of Soviets convened, recognizing the timely unification of the four independent republics into the Union of Soviet Socialist Republics.

On December 30, 1922, the historic I Congress of Soviets of the USSR was opened in Moscow, in which delegates from Ukraine, Belarus and Transcaucasia took part. Lenin was unanimously elected the honorary chairman of the congress, who due to illness did not have the opportunity to attend it. Congress approved in mostly Declaration and Treaty on the formation of the USSR, previously signed by the Conference of the plenipotentiary delegations of the uniting republics.

The declaration proclaimed the formation of the USSR, characterized the historical conditions in which this event took place, determined the basic principles of the unification of the republics.

The treaty provided for the creation of one union state from the RSFSR, the Ukrainian SSR, the BSSR and the ZSFSR, determined the system of the highest authorities and administration of the USSR, the main features of the relationship of the Union bodies with the republican bodies, resolved issues of citizenship, budgetary relations, and secured the right to secede the union republics from the Union.

The Treaty provided for broad rights of the Union of Soviet Socialist Republics. The competence of the Union included international relations, including foreign economic relations, the establishment of the foundations and a general plan of the entire national economy of the Union, as well as the conclusion of concession agreements, management of transport and communications, the armed forces, approval of a single state budget, the formation of monetary, monetary and credit systems. , as well as the system of all-Union, republican and local taxes, general principles of land management and land use, the use of mineral resources, forests and waters throughout the Union, the foundations of the judicial system and legal proceedings, as well as civil and criminal law, the establishment of the basic laws on labor, the general principles of public education. The competence of the Union also included the basic legislation in the field of union citizenship in relation to the rights of foreigners, the cancellation of resolutions of congresses of Soviets, central executive committees and Soviets of People's Commissars of the Union republics that violate the Union Treaty, and some other issues.

The Treaty stipulated that its approval, amendment and addition could be made exclusively by the Congress of the Councils of the Union, i.e. the supreme body of the state. There was no indication of the possibility of cancellation, denunciation, annulment of the Treaty in the text.

This raises the question of the republics' right to secede from the Union. Such a right is guaranteed, but the mechanism for its implementation is not spelled out in the treaty, and during the entire existence of the Soviet constitutions, no attempts were made to regulate this issue, since it was believed that the problem of exit would never really arise.

Section 2

Development and adoption of the Constitution of the USSR.

The main and, in fact, the only prerequisite for the creation of the Basic Law of the Union of Soviet Socialist Republics is the very emergence of this state. Any state, of course, can do without the Constitution. There are more than enough examples of this, not only in the past, but also in our time. However, if the state can do without the Constitution, then its presence undoubtedly strengthens political system, the entire state machine, cements its separate parts into something single.

The legal source of the first Constitution of the Union was the Treaty on the formation of the USSR. But one should not equate the Treaty approved by the First Congress of Soviets of the Union with the treaty that became part of the Basic Law, its main section. They differ sharply in content. Another source of the Constitution can be considered the legislation of its members before their entry into the USSR. Of particular importance are, of course, laws Russian Federation, primarily constitutional. The first Soviet Constitution- The Constitution of the RSFSR of 1918 was a model for all Soviet republics that arose before the formation of the USSR. To a certain extent, it became the same for the Constitution of the Union.

When exactly the work on the constitution began remains controversial. The decisions of the First All-Union Congress were quite unambiguous: it adopted the Declaration and the Treaty on the Formation of the USSR, instructing the future Central Executive Committee of the Union to finalize them. It was not said about any Constitution at the congress, and even more so in its decisions, but further riddles begin, giving rise to disputes about the time when work on the draft Constitution began. The Central Executive Committee of the Union, formed by the congress, elected its Presidium on January 10, 1923. The latter, in turn, created 6 commissions, which were entrusted with the development of regulations on individual bodies of power and administration of the Union. In the literature, the entire set of these commissions eventually began to be called simply a commission, and in documents soon even a constitutional commission. 3 months later, in a circular sent out to the Central Executive Committee of the Union republics, the Presidium of the Central Executive Committee of the USSR will even call this body the CEC commission for drafting the Constitution of the USSR and provisions on the Union People's Commissariats, elected at the 1st meeting of the Presidium of the Central Executive Committee of the USSR, although the Congress instructed the Central Executive Committee to work on the Treaty , and not create the Basic Law.

Already in January 1923. the word "Constitution" begins to appear in the documents, albeit by the way.

So, on January 31, 1923, a meeting of the body with strange name: « Subcommittee to develop a preliminary draft of the Union Treaty "Constitution" and the provisions on the USSR People's Commissariats". This subcommittee had its own history. It was created by the Commission under the Presidium of the Central Executive Committee of the USSR on January 13, 1923 as part of T.V. Sapronova, D.I. Kurskiy, V.A. Avanesova, D.Z. Manuilsky, B. Mdivani, A.S. Yenukidze for " preliminary preparation of all materials and draft regulations on SNK, STO and People's Commissariats ...". As you can see, there was no question of any Constitution here. It is another matter that, of course, the question of the Council of People's Commissars and the People's Commissariats is undoubtedly constitutional, but at the same time, of course, very private. By mid-February, a subcommittee of the Presidium of the USSR Central Executive Committee prepared the first draft of the Union Constitution.

On April 27, 1923, the Presidium of the Central Executive Committee of the USSR adopted a resolution on the completion of the activities of all previously formed commissions for the development of individual chapters of the Union Constitution and, in order to prepare the final draft of the Constitution, forms another, the so-called Extended commission .

It is difficult to say whether this Commission was already thought of as a constitutional one, but the minutes of its meeting, dated June 8, are entitled: “ Protocol No. 1 of the expanded Commission for the development of the Constitution of the Union of Sov. Social Republics”, Although the question of what the Commission will do - the Constitution or the Union Treaty - was decided later.

Already when discussing the procedure for the work of the Expanded Commission, the question immediately arose of what still needs to be created - Constitution or an improved Union Treaty ?

This was not an idle question, not a simple legal subtlety. Of course, a union state can be formalized by both a constitution and a treaty. But if the constitution is a document, of course, of a single, albeit federal state, then a union treaty can also exist in a confederation. In any case, the treaty can always, if desired, be interpreted in a confederal sense.

The dispute continued for a long time and fiercely, they tried to vote several times, but, in the end, in the decision of the 1st meeting of the enlarged commission dated June 8, 1923, it was written: “ Take as a basis the text proposed by the Commission of the Central Executive Committee of the USSR, without prejudging the question of its name as a treaty or the Constitution ».

The next meeting of the commission took place the next day - June 9 - but it was apparently interrupted.

From June 9 to 12, the well-known IV meeting of the Central Committee of the RCP with responsible workers of the national republics and regions was held in Moscow, in which, of course, members of the Commission, although not all of them (even such figures as Sapronov, Yenukidze, Kurskiy and some others).

This meeting is usually given a lot of attention in the literature in terms of work on the draft Constitution. This, of course, is true, but only partially. The meeting dealt with common problems national life in the country, national relations. True, the resolution of the meeting contained important points which were of a constitutional nature - about the chambers of the Central Executive Committee of the Union, about its Presidium, about the people's commissariats. At the same time, these problems were dealt with in even more detail than it will later be done in the Constitution. However, the resolution did not touch upon general issues of the Constitution. Nevertheless, the meeting, of course, played a significant role in the creation of the draft Constitution. Therefore, immediately after its completion, the next day, June 13, the Extended Commission continued its work, discussing, first of all, the procedure for further activities. At the suggestion of M.V. Frunze, it was decided: “ Before the session of the Central Executive Committee of the USSR, in the commission to discuss only the draft Constitution (Treaty), proceeding first of all to discuss the issue of the all-Union budget, the Supreme Court, the Union coat of arms and flag". Following this, they began to discuss specific chapters and articles of the draft, starting, as decided, with the question of the budget.

On June 16, the last meeting of the expanded commission took place. The text of the decision is as follows: “ The Declaration on the Formation of the Union of Soviet Socialist Republics and the Treaty on the Formation of the Union of Soviet Socialist Republics constitute the basic law (Constitution) of the Union of Soviet Socialist Republics ».

Strictly speaking, the final meeting of the Commission was incompetent: it was attended by 12 members of the Commission, i.e. slightly less than half.

One way or another, but the fate of the document was decided, it could now be unconditionally called the draft Constitution, and not the Union Treaty. Consequently, the task of the Treaty was exhausted by this, although, of course, it still operated within certain limits, and, moreover, ceased to be a treaty.

At the end of June, the draft Constitution was considered by the Constitutional Commission of the Central Committee of the RCP (b), which made significant changes to it, mainly aimed at strengthening the unity of the union state.

The plenum of the Central Committee of the RCP (b) on June 26-27, 1923 heard the report of the Constitutional Commission and adopted a detailed decision on it. Supporting the general idea of the project, the Plenum at the same time introduced amendments to it aimed at strengthening the guarantees of the sovereignty of the union republics.

In late June - early July 1923, the draft Constitution of the USSR was discussed at special sessions of the Central Executive Committee of the Union republics.

On July 6, 1923, the Central Executive Committee of the Union unanimously approved the draft Constitution and immediately put it into effect. Thus, the dispute over the document securing the formation of the USSR was completed.

The matter remained behind the last decisive step - the solemn registration of the historical event by the II All-Union Congress of Soviets. And it followed: On January 31, 1924, with minor amendments, the Constitution was approved.

The Constitution consisted of two sections: the Declaration on the Formation of the USSR and the Treaty on the Formation of the USSR. It regulated in more detail the system of state bodies, the subjects of jurisdiction of the bodies of power and administration of the USSR and the union republics.

The declaration on the formation of the USSR contained a statement of purely political, not legal aspects of the formation of the USSR. In it, in particular, it was emphasized that while “in the capitalist camp there is national enmity and inequality, colonial slavery and chauvinism, national oppression and pogroms, imperialist atrocities and wars”, “in the socialist camp there is mutual trust and peace, national freedom and equality, peaceful coexistence and fraternal cooperation of peoples ”. All this explained, from the point of view of the authors of the Constitution, the necessity and inevitability of the creation and expansion of the USSR.

The treaty consisted of 72 articles and was subdivided into 11 chapters:

1.On the subjects of jurisdiction of the supreme power of the USSR

2. On the sovereign rights of the Union Republics and on Union citizenship

3. About the Congress of Soviets of the USSR

4. About the Central Executive Committee of the USSR

5. About the Presidium of the Central Executive Committee of the USSR

6. About SNK USSR

7. About the Supreme Court of the USSR

8.On the People's Commissariats of the USSR

9. About the OGPU

10. About the Union Republics

11. About the coat of arms, flag and capital of the USSR.

The USSR Constitution of 1924 completed the formation of a fundamentally new state - the Union of Soviet Socialist Republics. It essentially replaced the Union Treaty adopted by the First All-Union Congress of Soviets. The Constitution of the USSR recognized for the union republics the right to have their own Basic Laws (Article 5), for the Constitution is a necessary attribute of a modern state, especially a sovereign one. At the same time, the Basic Laws, which were already in the united republics, now had to be changed based on the fact of the formation of the USSR, brought in line with the Constitution of the Union. This work was carried out in the years following the formation of the USSR.

Section 3

The issue of state sovereignty in the Constitution.

Before answering this question, one should understand the very institution of state sovereignty, its essence and content.

We find the clearest definition of sovereignty in the work of A.Ya. Vyshinsky. It was reproduced in " Legal Dictionary"1953: "Sovereignty is the state of independence of a given state power from any other power, both inside and outside the borders of this state."

When speaking about sovereignty, restrictive words are often used - "full", "completely", etc. From the point of view of many contemporary authors, the disclaimer is illegal. It is believed that sovereignty in general, by its nature, cannot be limited. And it is true, what kind of independence is it that is incomplete.

We have to conclude that sovereignty is a very conditional concept. Nevertheless, many different movements are fighting under the banner of defending or acquiring sovereignty.

In this regard, the question arises of sovereignty in the Constitution of 1924 we are considering.

As we remember, the Ukrainian Soviet Republic in December 1917 proclaimed itself independent, i.e. sovereign. However, it immediately limited its sovereignty by recognizing itself as part of the Russian Federation. What kind of independence is this when the state calls itself, as already noted, a part of another. What kind of independence is this when its armed forces are part of the army of another state, when this other state maintains it at its own expense, when the acts of another state operate on the territory of this sovereign? But this was exactly the case during the civil war and in the first years after it.

Here it will not be superfluous to recall the meeting of the Politburo of the Central Committee of the CPB (b) U, which took place on October 3, 1922. As you know, the Politburo of Ukraine spoke out against the autonomization plan, but with one important proviso that if the Central Committee of the RCP (b) nevertheless recognizes the need to enter the Ukrainian SSR into the RSFSR, then not "Insist on preserving formal signs of political independence of the Ukrainian SSR and to define relations on the basis of practical expediency. "

Consequently, when we talk about the status of the Soviet republics that formed the Soviet Union, we must always remember that their legal form did not correspond to the actual state of affairs. In fact, the republics were not only independent, but even federal, members of a certain federation, but most of all resembled autonomous units.

The constitution does not directly say on the sovereignty of the Union... However, its presence follows from the entire content of the law. The Soviet Union carries out the most important functions of a sovereign state: foreign relations, defense of the country, management of some other strategic objects (transport, communications, etc.).

But the sovereignty of the republics is emphasized in every possible way. The Constitution includes a special second chapter "On the sovereign rights of the union republics and union citizenship." From a legal point of view, it is completely unnecessary, since its content follows from the previous articles of the Constitution. It emphasizes the right to freely withdraw from the Union, the immutability of the territory of the members of the Union without their consent, and a single union citizenship. The very structure of the correlation between the sovereignty of the Union and the republics is characteristic. The law seems to be based on the priority of the sovereign rights of the members of the Union. Article 3 says that “The sovereignty of the union republics is limited only within the limits specified in this Constitution, and only in subjects referred to the competence of the Union. Outside these limits, each union republic exercises its state power independently. The Union of Soviet Socialist Republics protects the sovereign rights of the union republics. " Thus, the structure looks like a certain lot is allocated to the Union, and the bulk of sovereignty is reserved for the republics. In reality, of course, it turns out not quite so. That is, of course, the scope of the Union's competence is delineated exhaustively, and the rights of the republics are, as it were, unlimited, but the point is that the Union's competence includes enormous powers and, moreover, on key issues (Article 1).

For example, the leadership of not only individual sectors of the national economy, but also the economy in general was attributed to the competence of the Union (paragraph "z" of Article 1). The Constitution attributed to the jurisdiction of the Union the management of transport and communications. Also, the jurisdiction of the Union included the organization and leadership of the armed forces, historically formed by this time. As we remember, the process of uniting the armed forces of the Soviet republics began during the civil war. Serious attention is paid in the Constitution to the competence of the Union in the field of finance. First of all, this concerns the budget, which is conceived as a single one, but includes the budgets of the union republics. This situation took shape in practice as early as 1919, when the budgets of the union republics were included in the budget of the Russian Federation. Paragraph "p" contains a provision already signifying the delineation of competence between the Union and the republics. It presupposes the creation of only the foundations of legislation in the Union for some branches of law, apparently referring the specification to the sphere of the republic's activities. This item was already implemented in the 1920s. In October 1924, the Basic Principles of Criminal Legislation of the USSR and the Union Republics, and other all-Union acts were issued. Important all-Union laws were also issued in the field of judicial system - "Fundamentals of the judicial system of the USSR and the union republics" in 1924, "On changing the foundations of the judicial system of the USSR and the union republics due to the liquidation of districts" in 1930.

In addition to the rights of the union republics, the chapter also notes some obligations of the members of the Union: for example, the need to amend the constitutions of the republics in accordance with Art. 5.

At the same time, it can be noted that the rights of the republics were sufficient so that they could have the necessary independence in the management of their internal affairs. For example, n Along with all-union taxes, republics had the right to establish their own, though only with the permission of all-union bodies. Some attention is paid to the union republics in paragraph "p", which speaks of legislation. He leaves it to the Union to determine the foundations of legislation, "the establishment of the foundations of the judiciary and legal proceedings, as well as civil and criminal legislation of the Union." Consequently, the issuance of appropriate codes remains within the competence of the republics. The same applies to labor laws.

The Constitution proceeds from the premise that all subjects of federal relations, union republics are equal, regardless of the size of their territory, population, etc. All of them are in equal connection with the Union. The principle of equality of the members of the federation distinguishes the Soviet Union. The founders of the Soviet Union were not embarrassed by the fact that its members were unequal in terms of territory and population, as well as the fact that there were other differences between them. Of the 4 union republics, two were unitary states and two are complex. Moreover, of these complex ones, which were called federal - the RSFSR and the TSFSR - only one was a real federation, the Transcaucasian, and a classical federation. As for Russia, it, as already mentioned, was from the very beginning a state with autonomous entities. In the year of the adoption of the Constitution of the Union, Ukraine also became such, since the Moldavian Autonomous Soviet Socialist Republic was formed within it, then only within the boundaries of the left bank of the Dniester. Such heterogeneity of the form of state unity of all members of the Union also did not affect their equality.

The legislator considers it necessary to emphasize some of the sovereign rights of the republics, especially because of their extreme importance. This includes the already mentioned right to freely withdraw from the Union. Many spoke about the fictitiousness of Art. 4 in the sense that the right to withdraw is only proclaimed, but in reality no one will allow it to be exercised. The history of the Soviet Union has shown the inconsistency of this statement. For 70 years of the existence of the USSR, it simply did not occur to anyone that it was necessary to get out of it, since there was no reason for this. Now, if any republic raised this question, but it was refused, then the right to withdraw would really be fictitious. But there were no such cases!

Thus, the Constitution, without giving a definition of the concept of sovereignty, practically solves the problem of the division of sovereign rights between the Union and the republics, moreover, quite harmoniously. The Union is endowed with rights that ensure its functioning as a powerful united power, but the republics retain everything necessary for their successful development towards the construction of socialism.

Section 4

The structure and competence of state bodies.

The formation of the USSR meant the emergence of a new state with an appropriate state mechanism. Since the Soviet Union united the already fully established republics, it did not have the need to create the entire system of state bodies from top to bottom. The Constitution of the USSR established the following system of the highest authorities of the union republics (Fig. 1):

Fig. 1. The system of the highest authorities.

The most important in importance and the first in time of its appearance was the organ expressing the supremacy of the working people - Congress of Soviets of the USSR (Fig. 2).

Fig. 2. Congress of Soviets of the USSR.

The competence of the All-Union Congress of Soviets included all issues, without exception, which were attributed to the jurisdiction of the Union by the Constitution. The approval and change of the basic principles of the Constitution of the USSR belonged to the exclusive competence of the Congress. Congresses exercised their right to control executive bodies listening to the reports of the government.

In the period between the congresses of Soviets, the supreme body of power of the USSR was Central Executive Committee of the Union (Fig. 3).

Fig. 3. Central Executive Committee of the USSR.

The CEC of the Union, in contrast to the republican central executive committees, was a bicameral body. It consisted of Union Council and Council of Nationalities... But this design did not take shape right away. The Central Executive Committee of the first convocation was unicameral. The question of reorganizing the CEC, turning it into a bicameral body arose in party circles. At the XII Congress of the RCP (b). JV Stalin in his report "On national issues in party and state building" put forward three major measures that should be taken in order to resolve pressing national issues. One of them, he called the creation of such a state body, "Which would serve as a reflection of the needs and requirements of all republics and nationalities without exception"... Such a body was supposed to be the second chamber within the Central Executive Committee of the USSR.

All these and some other ideas are reflected in the Constitution, mainly in chapters 3 and 4. The latter is dedicated specifically to the Central Executive Committee of the Union.

The third most important body of power and administration provided for by the Constitution of the Union was Presidium of the Central Executive Committee of the Union... It has a variety of functions, not only rule-making, but also technical. The Constitution mentions, first of all, that the Presidium of the CEC convenes sessions of the Central Executive Committee.

In the period between sessions of the CEC, its Presidium is the supreme authority of the Union. It is formed in a peculiar way: the Presidium of the CEC automatically includes completely the presidiums of the chambers. The total number of members of the Presidium was originally 21. It consisted of three sevens. In accordance with Art. 25 Presidiums of the chambers included seven delegates each. The third seven was elected at a joint meeting of the chambers. The law does not say this directly, but a conclusion can be drawn from the analysis of Art. 25 and 26.

The Presidium of the Central Executive Committee of the Union, like the Central Executive Committee itself, was the highest legislative, executive and administrative body of power of the Union (Art. 29). That is, like the Central Executive Committee itself. In addition, he performed the functions of constitutional supervision, since Art. 30 entrusted him with overseeing "the implementation of the Constitution of the Union." The Presidium of the CEC was also responsible for monitoring the implementation of all decisions of the Congress of Soviets and the CEC.

The CEC Presidium had the right to suspend and cancel the decisions of the Council of People's Commissars, which practically did not exist in practice. In addition, he could suspend and cancel decisions of individual Union People's Commissariats, as well as the Central Executive Committees and Councils of People's Commissars of the Union republics.

According to the Constitution, the Presidium of the CEC had the right to suspend even the decisions of the congresses of the Soviets of the Union republics (Article 32). True, in this case, the subsequent introduction of relevant acts for consideration and approval by the Central Executive Committee of the Union was required.

The CEC Presidium had the right to issue decrees, resolutions and orders, consider and approve draft decrees and resolutions submitted by the Council of People's Commissars, individual departments of the Union, republican CECs, their presidiums and other authorities.

The CEC Presidium relied in its work on a wide range of very diverse institutions and organizations. In his direct subordination were, for example, commissions for promoting state credit and savings, helping the homeless, commissions for the land arrangement of working Jews, the new Latinized alphabet, the Red Cross society, etc., in total over a hundred.

Subsequently, the Presidium of the Central Executive Committee of the Union gradually began to expand the field of its activities. He began to resolve issues within the competence of the CEC itself and sometimes even the Congress of Soviets of the Union. This stemmed from the fact that over time, the congresses of the Soviets began to meet less and less, and then the sessions of the CEC followed the example. supreme body authorities. In turn, this circumstance was caused by the cumbersomeness of the system of government bodies of the Union, the complexity of convening congresses and sessions of the Central Executive Committee. Indeed, even the CEC numbered hundreds of its members. The CEC Presidium was a compact and efficient body, it could solve all cases quickly and to the point.

Like the RSFSR and all other union republics, the government of the Union determined Council of People's Commissars(Fig. 4).

Fig. 4. Council of People's Commissars of the USSR.

The Basic Law characterizes it as the executive and administrative body of the CEC. Article 37 of the Constitution of the Union considers it by the Council of People's Commissars as an organ of the Central Executive Committee.

For the direct management of individual branches of government, 10 People's Commissariats of the USSR(Fig. 5). The All-Union People's Commissariats had their own representatives at the Union republics.

A special chapter in the Constitution of the USSR is devoted to the Supreme Court of the Union.

Fig. 5. People's Commissariats of the USSR.

The Supreme Court of the USSR is established by the Constitution under the Central Executive Committee of the Union. In Art. 43 of the Constitution speaks about the competence of the court, and in the first place there is such a right and obligation as giving the supreme courts of the Union republics guiding explanations on issues of all-Union legislation. It is characteristic, however, that this does not mean all the legislation of the USSR, namely the all-Union legislation. That is, the Supreme Court is the guardian of the unity of the union state.

The Supreme Court is also entrusted with the function of constitutional supervision. He must, in particular, give opinions at the request of the Central Executive Committee of the Union on the legality of certain decisions of the union republics from the point of view of the Constitution.

Specific for the Supreme Court of the Union, as an organ of the union state, is the function of resolving judicial disputes between union republics.

Later, the role of the Supreme Court in carrying out the functions of considering cases on accusation of high officials of the Union of crimes ex officio became sadly famous. But this will be already in the 30s.

The constitution provides for the composition of the Supreme Court. It differs from the composition of the Supreme Court of Russia. The Union does not have a Presidium of the Supreme Court, but a plenary session is envisaged. In the Supreme Court of the Union there are civil-judicial and criminal-judicial collegia, but, unlike the republics, they are not called cassation here, because they did not perform the functions of the second instance.

The Supreme Court is in a special position from a procedural point of view. The circle of persons entitled to initiate proceedings in it is strictly limited. There are no citizens among them, but only organizations - the CEC, its Presidium, the prosecutor of the Supreme Court, etc. (Art. 47).

The Constitution of the Union did not provide for the post of the Prosecutor of the USSR, in contrast to the republics, but the post of Prosecutor of the Supreme Court was introduced, which, by virtue of its position, has limited competence. He was also appointed by the Presidium of the Central Executive Committee of the Union and had peculiar functions. The first of them- giving opinions on all issues subject to resolution of the Supreme Court of the USSR - was rather of a control nature. The second was already fully consistent with the nature of the prosecutor's activity - supporting the prosecution at sessions of the Supreme Court - and, accordingly, concerned only criminal cases. Finally, third, when appealing against decisions of sessions of the Supreme Court, he also acts in a specifically prosecutorial capacity.

The prosecutors of the Union republics were not subordinate to the Prosecutor of the Supreme Court of the Union. The systems of republican prosecutorial bodies were part of the people's commissariats of justice of the republics. The prosecutors of the republics were subordinate and subordinate exclusively to the supreme bodies of their republics.

Conclusion

The discussion on the problems of creating a single state that would unite the Soviet republics that had formed on the former territory of the Russian Empire went on for quite a long time, but its main stage took place in the autumn of 1922.

The roots of the formation of the USSR lay in the need to create a powerful state with a strong economy that could withstand possible intervention, in fact it was a desire to recreate the economic complex of the Russian Empire, which is confirmed by the declaration on the formation of the USSR: “... the years of the war did not pass without a trace. Ravaged fields, stopped factories, destroyed productive forces and emaciated economic resources inherited from the war make the individual efforts of individual republics in economic development insufficient. The restoration of the national economy turned out to be impossible given the separate existence of the republics. On the other hand, the instability of the international situation and the danger of new attacks make the creation of a united front of the Soviet republics inevitable in the face of capitalist encirclement. Finally, the very structure of Soviet power, which is international in its class nature, pushes the working masses of the Soviet republics onto the path of unification into one socialist family. ».

The formation of the USSR crowned the development of relations between independent Soviet republics, which originated during the Great October Socialist Revolution. It meant that the existing, rather imperfect in form, the union of the republics was now turning into a single powerful union state.

LIST OF USED SOURCES AND REFERENCES

1. Grosul, V.Ya. Formation of the USSR (1917-1924) / V.Ya. Grosul. - M .: ITRK, 2007 .-- 216 p.

2. Titov, Yu.P. History of the state and law of Russia. Textbook / Yu.P. Titov. - M .: Prospect, 2000 .-- 544 p. 3. Chistyakov, O.I. USSR Constitution of 1924. Tutorial/ O.I. Chistyakov. - M .: IKD Zertsalo-M, 2004 .-- 224 p.