At the 7th (Special) Session of the Supreme Soviet of the Soviet Union 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".[lower-alpha 1]
The Supreme Soviet of the Soviet Union was the most authoritative legislative body of the Union of Soviet Socialist Republics (USSR) beginning 1936, and the only one with the power to approve constitutional amendments. It elected the Presidium, served as the collective head of state of the USSR, and appointed the Council of Ministers, the Supreme Court, and the Procurator General of the USSR.
The Soviet Union, officially the Union of Soviet Socialist Republics (USSR), was a socialist state in Eurasia that existed from 30 December 1922 to 26 December 1991. Nominally a union of multiple national Soviet republics, its government and economy were highly centralized. The country was a one-party state, governed by the Communist Party with Moscow as its capital in its largest republic, the Russian Soviet Federative Socialist Republic. Other major urban centres were Leningrad, Kiev, Minsk, Alma-Ata, and Novosibirsk.
Leonid Ilyich Brezhnev was a Soviet politician of Ukrainian descent, who led the Soviet Union from 1964 until his death in 1982 as the General Secretary of the Central Committee of the Communist Party of the Soviet Union (CPSU). His eighteen-year term as General Secretary was second only to that of Joseph Stalin in duration. During Brezhnev's rule, the global influence of the Soviet Union grew dramatically, in part because of the expansion of its military during this time. His tenure as leader was also marked by the beginning of an era of economic and social stagnation in the Soviet Union.
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. Articles related 1 defined the USSR as a socialist state, as did all previous constitutions:
In Marxist sociopolitical thought, the dictatorship of the proletariat is a state of affairs in which the proletariat, or the working class, has control of political power. According to this theory, it is the intermediate system between capitalism and communism, when the government is in the process of transferring the ownership of the means of production from private to collective ownership, and the existence of any state implies the dictatorship of one social class over another. The term, coined by Joseph Weydemeyer, was adopted in the 19th century by the central figures of Marxism, Karl Marx and Friedrich Engels. Both of them argued that the short-lived Paris Commune, which ran the French capital for over two months in 1871 before being suppressed, was an example of the dictatorship of the proletariat. "Dictatorship of the bourgeoisie" is thus used as an antonym of "dictatorship of the proletariat".
The Government of the Union of Soviet Socialist Republics was the main part of the executive branch of government of the USSR. Its head of government was the officeholder known generally in the West as the Premier of the Soviet Union. However, the USSR was a one-party state governed by the Communist Party of the Soviet Union (CPSU), the power of which was derived from the Constitution of the Soviet Union. The Politburo of the Communist Party of the Soviet Union was de facto the most important policy-making organ of the country and made government policy, with the Government being subordinate to the Party.
The Communist Party of the Soviet Union (CPSU) was the founding and ruling political party of the Soviet Union. The CPSU was the sole governing party of the Soviet Union until 1990, when the Congress of People's Deputies modified Article 6 of the most recent 1977 Soviet constitution, which had granted the CPSU a monopoly over the political system.
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 peasants alone. Later chapters established principles for economic management and cultural relations.
The workforce or labour force is the labour pool in employment. It is generally used to describe those working for a single company or industry, but can also apply to a geographic region like a city, state, or country. Within a company, its value can be labelled as its "Workforce in Place". The workforce of a country includes both the employed and the unemployed. The labour force participation rate, LFPR, is the ratio between the labour force and the overall size of their cohort. The term generally excludes the employers or management, and can imply those involved in manual labour. It may also mean all those who are available for work.
A peasant is a pre-industrial agricultural laborer or farmer, especially one living in the Middle Ages under feudalism and paying rent, tax, fees, or services to a landlord. In Europe, peasants were divided into three classes according to their personal status: slave, serf, and free tenant. Peasants either hold title to land in fee simple, or hold land by any of several forms of land tenure, among them socage, quit-rent, leasehold, and copyhold.
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.
Unlike preceding versions of the Soviet Constitution, the 1977 Constitution introduced an amendment making official the right promised in previous constitutions, of the right of constituent Soviet republics to secede from the Union. However, there was no legal precedent for secession, and Articles 74 and 75 stated that when a Soviet constituency introduced laws in contradiction to Supreme Soviet, the laws of the Supreme Soviet would supersede any legal movement from the Soviet constituent.[1] Though Article 72 would later play an important role in the dissolution of the Soviet Union, Articles 74 and 75 show that the future dissolution of the USSR was never the intention of the 1977 Constitution:
There were three versions of the constitution of the Union of Soviet Socialist Republics, modeled after the 1918 Constitution established by the Russian Soviet Federative Socialist Republic (RSFSR), the immediate predecessor of the Soviet Union.
The Republics of the Union of Soviet Socialist Republics or Union Republics were the ethnically based proto-states of the Soviet Union. For most of its history, the USSR was a highly centralized state; the decentralization reforms during the era of Perestroika ("Restructuring") and Glasnost ("Openness") conducted by Mikhail Gorbachev are cited as one of the factors which led to the dissolution of the USSR in 1991.
Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Threats of secession can be a strategy for achieving more limited goals. It is, therefore, a process, which commences once a group proclaims the act of secession. It could involve a violent or peaceful process but these do not change the nature of the outcome, which is the creation of a new state or entity independent from the group or territory it seceded from.
Article 74. The laws of the USSR shall have the same force in all Union Republics. In the event of a discrepancy between a Union Republic law and an All-Union law, the law of the USSR shall prevail.
Article 75. The territory of the Union of Soviet Socialist Republics is a single entity and comprises the territories of the Union Republics. The sovereignty of the USSR extends throughout its territory.[2]
Since 1977, October 7 was celebrated as Soviet Constitution day in the USSR.[3] It was never observed in the Ukrainian SSR.[4] The previous date for Soviet Constitution day had been December 5 from 1936 after the day the 1936 Soviet Constitution had been adopted.[5]
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 Soviets, 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 multi-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
The Soviet Constitution included a series of civil and political rights. Among these were the rights to freedom of speech, freedom of the 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 some capitalist countries. 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 constitutions, the Soviet Constitution outlined limitations on political rights, whereas in democratic countries these limitations are usually left up to the legislative and/or judicial institutions. Article 6 effectively eliminated partisan opposition and division within 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 state, 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 constitution did provide a "freedom of conscience, that is, the right to profess or not to profess any religion, and to conduct religious worship or atheistic propaganda." It prohibited incitement of hatred or hostility on religious grounds.
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 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.
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 "parasitism" 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 considered "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, or revoke citizenship for defamation of the Soviet Union or for acts damaging to national prestige or security.
The Constitution of the People's Republic of China is nominally the supreme law within the People's Republic of China. The current version was adopted by the 5th National People's Congress on December 4, 1982, with further revisions in 1988, 1993, 1999, 2004 and 2018. Three previous state constitutions—those of 1954, 1975, and 1978—were superseded in turn. The Constitution has five sections which are the preamble, general principles, fundamental rights and duties of citizens, structure of the state, the national flag and the emblems of the state.
The 1936 Soviet Constitution, adopted on 5 December 1936 and also known as the Stalin Constitution, redesigned the government of the Soviet Union. It purported to be highly democratic, with multiple guarantees of rights and democratic procedures. Supporters around the world hailed it as the most democratic constitution imaginable. In practice, it solidified the total control of the Communist Party and its leader Joseph Stalin. Historian J. Arch Getty concludes:
The Constitution of the Socialist Republic of Vietnam is the current constitution of Vietnam, adopted on November 28, 2013 by the Thirteenth National Assembly, and took effect on January 1, 2014. It is the fourth constitution adopted by the Vietnamese government since the political reunification of the country in 1976.
For information about the government, see Government of the Soviet Union.
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 article 6 that the Communist Party of the Soviet Union was the "leading and guiding force of the Soviet society".
The Constitution of the Republic of Belarus is the ultimate law of Belarus. Adopted in 1994, three years after the country declared its independence from the Soviet Union, this formal document establishes the framework of the Belarusian state and government and enumerates the rights and freedoms of its citizens. The Constitution was drafted by the Supreme Soviet of Belarus, the former legislative body of the country, and was improved upon by citizens and legal experts. The contents of the Constitution include the preamble, nine sections, and 146 articles.
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia which is empowered to rule on whether certain laws or presidential decrees are in fact contrary to the Constitution of Russia. Its objective is only to protect the Constitution and deal with a few kinds of disputes where it has original jurisdiction, whereas the highest court of appeal is the Supreme Court of the Russian Federation.
The Constitution of Azerbaijan was adopted on 12 November 1995 by popular referendum. This Constitution was the first Constitution of independent Azerbaijan, the Azerbaijan Democratic Republic founded in 1918 and existed 23 months until 1920 was not able to adopt its constitution. Therefore, the history of Constitution building in Azerbaijan generally starts from the period of Azerbaijan being part of Soviet Union. The first Constitution of Azerbaijan SSR was adopted in 1921 and was in accordance with the Constitution of USSR. The last Constitution of Azerbaijan SSR was adopted on 21 April 1978 and also was in line and form of USSR Constitution. The first Constitution of independent Azerbaijan consists of 5 chapters, 12 sections and 147 articles. It was amended on 24 August 2002 and again on 18 March 2009. It carries the "highest legal force" in Azerbaijan as per article 147. The most recent amendments to the Constitution were approved after the Constitutional referendum held on 26 September 2016. In 2002, 31 amendments were made to 22 articles; in 2009, 41 amendments were made to 29 articles; and in 2016, 23 articles were amended and new 6 new articles were added.
The Declaration "On the Restoration of Independence of the Republic of Latvia" was adopted on 4 May 1990, by the Supreme Soviet of the Latvian SSR. The Declaration stated that, although Latvia had de facto lost its independence in 1940, when it was annexed by the Soviet Union, the country had de jure remained a sovereign country as the annexation had been unconstitutional and against the will of the people of Latvia. Therefore it resolved that the Molotov–Ribbentrop Pact and the Soviet occupation of Latvia in 1940 were illegal, and annulled the declaration on the accession of Latvia to the Soviet Union of 21 July 1940, re-instituted the Constitution of Latvia of 1922, which was thereupon partly suspended, and set a period of transition to de facto independence, which would end upon the first session of Saeima. It also ruled that during the transitional period the Constitution of the Latvian SSR and other laws would remain applicable as long as they did not contradict articles 1, 2, 3 and 6 of the Constitution of Latvia, which were reinforced by the declaration. It was provided that a committee to elaborate a new edition of the Constitution of Latvia should be created. Social, economic, cultural and political rights were granted to citizens and residents of Latvia in accordance with international human rights. The declaration also stated that Latvia would form its relationship with the Soviet Union on the basis of the Latvian–Soviet Peace Treaty of 1920, in which the Soviet Union had recognized the independence of Latvia as inviolable "for all future time". The 4th of May is a national holiday in Latvia.
The Congress of People's Deputies of the Russian SFSR and since 1991 Congress of People's Deputies of the Russian Federation was the supreme government institution in the Russian SFSR and in the Russian Federation from 16 May 1990 to 21 September 1993. Elected on 4 March 1990 for a period of five years, it was dissolved by presidential decree during the Russian constitutional crisis of 1993 and ended de facto when the Russian White House was attacked on 4 October 1993. The Congress played an important role some of the most important events in the history of Russia during this period, such as the declaration of independence of Russia from the USSR, the rise of Boris Yeltsin, and economic reforms.
Citizenship of Russia is regulated by the federal act regarding citizenship of the Russian Federation, Constitution of the Russian Federation, and the international treaties that cover citizenship questions to which the Russian Federation is a party. In accordance with the supremacy clause of the Constitution, international treaties of the Russian Federation have precedence over Russian domestic law.
The Constitution of Uzbekistan was adopted on 8 December 1992 on the 11th session of the Supreme Council of Uzbekistan. It replaced the Constitution of the Republic of Uzbekistan of 1978. It is the supreme law of the Republic of Uzbekistan. The Constitution of Uzbekistan contains six parts and it is further divided into 26 chapters.
The Supreme Soviet of the Russian SFSR, later Supreme Soviet of the Russian Federation was the supreme government institution of the Russian SFSR in 1938–1990; in 1990–1993 it was a permanent parliament, elected by the Congress of People's Deputies of the Russian Federation).
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.
The Council of Ministers of the Union of Soviet Socialist Republics, was the de jure government of the Union of Soviet Socialist Republics (USSR), comprising the main executive and administrative agency of the USSR from 1946 until 1991.
The Constitution of Uzbekistan of 1978 was adopted on 19 April 1978 at the extraordinary session of the Supreme Council of Uzbekistan. The Constitution of Uzbekistan of 1978 contains 11 parts and it is further divided into 21 chapters.
The 1927 Constitution of the Azerbaijan Socialist Soviet Republic was adopted by the Central Executive Committee of the Azerbaijan SSR at the 5th All-Azerbaijani Congress of Soviets on March 26, 1927.
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