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Constitution (Fundamental Law) of the Union of Soviet Socialist Republics

Ratified by the Congress of Soviets on the 28th October 2001 for adoption by the U.S.S.R. on the 1st of January 2002

Preamble

This fundamental law becomes effective from the moment of its publication in final form in The Soviet Union. It shall be published by all local organs of Soviet government and prominently displayed in all Soviet institutions.

The Soviet Congress instructs the People's Commissariat for Public Education to introduce in all schools and other educational establishments of the Soviet Union, without exception, the study of the basic provisions of the present constitution, as well as their explanation and interpretation.

Part One: Declaration of Rights of the Working and Exploited People.

Chapter One

Article 1. The Soviet Union is hereby proclaimed a Republic of Soviets of Workers', Soldiers' and Peasants' Deputies. All power, centrally and locally, is vested in these Soviets.

Article 2. The Soviet Union is established on the principle of a free union of free nations, as a federation of Soviet national republics.

Chapter Two

Article 3. The Soviet Union's fundamental aim is the abolition of all exploitation of man-by-man and complete elimination of the division of society into classes. The merciless suppression of the exploiters, socialist organization of society, and victory of socialism in all countries, The Congress of Soviets of Workers', Soldiers' and Peasants' Deputies further resolves:

Pursuant to the socialization of land, private land ownership is hereby abolished, and all land is proclaimed the property of the entire people and turned over to the working people without any redemption, on the principles of egalitarian land tenure.

All forests, mineral wealth and waters of national importance, as well as all live and dead stock, model estates and agricultural enterprises are proclaimed the property of the nation.

Factories, mines, railways, other means of production and transportation shall be the property of the Soviet Workers and Peasants of the Union.

The Congress of Soviets is confident that Soviet power will advance steadfastly until the complete victory of an international workers' uprising against the rule of capital.

To ensure the sovereign power of the working people and to rule out any possibility of restoration of the power of the exploiters, the arming of the working people, the creation of a socialist Red Army of workers and peasants, and the complete disarming of the propertied classes are hereby decreed.

Chapter Three

Article 4. Expressing firm determination to wrest mankind from the clutches of finance capital and imperialism, which have in the most criminal of wars drenched the world in blood, the Congress of Soviets unreservedly endorses Soviet policy of denouncing the secret treaties, organizing most extensive fraternization with the workers and peasants of combatant armies and achieving at all costs by revolutionary means a democratic peace for the working people, without annexations of indemnities, on the basis of free self-determination of nations.

Article 5. With the same aim in view, the Congress of Soviets insists on a complete break with the barbarous policy of bourgeois civilization, which has built the prosperity of the exploiters in a few chosen nations through the economic enslavement of hundreds of millions of working people in the "developing world".

Chapter Four

Article 6. The Congress of Soviets holds that now, in the hour of the people's resolute struggle against the exploiters, there should be no room for exploiters in any governmental agency. Power must belong fully and exclusively to the working people and their plenipotentiary representatives - the Soviets of Workers', Soldiers' and Peasants' Deputies.

Article 7. At the same time, endeavouring to create a genuinely free and voluntary, and therefore all the more firm and stable, union of the working classes of all nations, The Congress of Soviets confines itself to promulgating the fundamental principles of a federation of Soviet Republics, leaving it to the workers and peasants of each nation to decide independently at their own representative Congresses of Soviets whether they wish to participate in the federal government and in the other federal Soviet institutions, and on what terms.

Part Two: General Provisions of the Constitution of the U.S.S.R.

Chapter Five

Article 8. The main objective of the constitution of The Union of Soviet Socialist Republics, designed for the present transitional period, is to establish the dictatorship of the urban and rural proletariat and the poorest peasantry in the form of a powerful Soviet Government, with a view to completely suppressing the bourgeoisie, abolishing exploitation of man by man, and establishing socialism, under which there will be neither division into classes nor state power.

Article 9. The Soviet Union is a free socialist society of all the working people. All power in The Union of Soviet Socialist Republics belongs to the entire working population of the country united in urban and rural soviets.

Article 10. The soviets of regions with a distinct mode of living and national composition can unite in autonomous regional unions at the head of which - as at the head of all regional unions that can be eventually formed - stand regional congresses of Soviets and their executive agencies. These autonomous regional unions form, on a federal basis, component parts of The Union of Soviet Socialist Republics.

Article 11. Supreme power in The Union of Soviet Socialist Republics is exercised by the Congress of Soviets, and in the intervals between Congresses by the Central Executive Committee.

Article 12. In order to ensure genuine freedom of conscience for the working people, the church is separated from the State, and the school from the church: and freedom of religious and anti-religious propaganda is recognized for all citizens.

Article 13. In order to ensure genuine freedom of expression for the working people, The Union of Soviet Socialist Republics abolishes the dependence of the press on capital, and places at the disposal of the working class and the poor peasantry all the technical and material requisites for the publication of newspapers, pamphlets, books and all other printed matter, and guarantees their unhindered circulation throughout the country.

Article 14. In order to ensure genuine freedom of assembly for the working people, The Union of Soviet Socialist Republics, recognizing the right of citizens of the Soviet Republics to freely hold assemblies, meetings, processions, etc., places at the disposal of the working class and the poor peasantry all buildings suitable for the holding of public gatherings, complete with furnishing, lighting and heating.

Article 15. In order to ensure genuine freedom of association for the working people, The Union of Soviet Socialist Republics, having destroyed the economic and political rule of the propertied classes and thereby removed all the obstacles which heretofore, in bourgeois society, prevented the workers and peasants from enjoying freedom of organization and action, renders material and all other assistance to the workers and poorest peasants for purposes of their association and organization.

Article 16. In order to ensure access to knowledge for the working people, The Union of Soviet Socialist Republics makes its aim to give the workers and poorest peasants complete all-round and free education.

Article 17. The Union of Soviet Socialist Republics declares labour to be the duty of all citizens of the Union, and proclaims the slogan: 'He who does not work, neither shall he eat!'

Article 18. In order to safeguard the gains of the great workers' and peasants' revolution, The Union of Soviet Socialist Republics declares that defence of the socialist Motherland to be the duty of all the citizens of the Union and introduces universal military service. The honourable right of bearing arms in defence of the revolution is granted only to working people; non-working elements are enlisted for other military duties.

Article 19. Proceeding from the principle of solidarity of the working people of all nations, The Union of Soviet Socialist Republics grants full political rights of Soviet citizens to foreigners residing in the territory of the Soviet Union for purposes of employment, and belonging to the working class or to the peasantry not employing the labour of others: and it empowers the local Soviets to grant to such foreigners, without any cumbersome formalities, Soviet citizenship rights.

Article 20. The Union of Soviet Socialist Republics grants the right of asylum to all foreigners subjected to persecution for political and religious crimes.

Article 21. The Union of Soviet Socialist Republics, recognizing the equality of rights of all citizens, irrespective of their race or nationality, declares the establishment or toleration on this basis of any privileges or advantages, or any oppression of national minorities or restriction of their equality, to be contraventions of the fundamental laws of the Union.

Article 22. Guided by the interests of the working class as a whole, The Union of Soviet Socialist Republics deprives individuals and groups of rights, which they utilize to the detriment of the socialist revolution.

Part Three: The Structure of Soviet Government

A. Organization of the central authority

Chapter Six

The Congress of Soviets of Workers', Peasants, Cossacks' and Red Army Soldiers' Deputies

Article 23. The Congress of Soviets is the supreme authority of the Union of Soviet Socialist Republics.

Article 24. The Congress of Soviets is composed of representatives (People's Deputies) from each of the regions and nations of the U.S.S.R. selected at Union-wide elections.

Article 25. The Congress of Soviets is convened by the Central Executive Committee at least once a quarter (January, April, July and October).

Article 26. An extraordinary Congress of Soviets is convened by the Central Executive Committee on its own initiative, or on the demand of the Soviets of localities inhabited by at least one-third of the population of the Union.

Article 27. The Congress of Soviets elects the Central Executive Committee.

Article 28. The Central Executive Committee is fully accountable to the Congress of Soviets.

Article 29. In the intervals between Congresses the Central Executive Committee is the supreme authority of the Union.

Chapter Seven

The Central Executive Committee

Article 30. The Central Executive Committee is the highest legislative, administrative and supervisory body of the Union of Soviet Socialist Republics.

Article 31. The Central Executive Committee gives general directives for the activity of the Workers' and Peasants' Government and all organs of Soviet power in the country; unites and co-ordinates legislative and administrative activities, and supervises the implementation of the Soviet constitution and of the decisions of The Congresses of Soviets and the central bodies of Soviet power.

Article 32. The Central Executive Committee examines and approves draft decrees and other proposals submitted by the Council of People's Commissars or by separate departments, and issues its own decrees and ordinances.

Article 33. The Central Executive Committee convenes the Congress of Soviets, to which it submits an account of its activity and reports on general policy and particular matters.

Article 34. The Central Executive Committee appoints the Council of People's Commissars for general management of the affairs of the Union of Soviet Socialist Republics, and departments (People's Commissariats) to be in charge of particular branches of the administration.

Article 35. The members of The Central Executive Committee work in the departments (People's Commissariats) or carry out special commissions of The Central Executive Committee.

Article 36. The Members of the Council of People's Commissars are accountable to The Soviet Central Executive Committee.

Chapter Eight

The Council of People's Commissars

Article 37. The Council of People's Commissars exercises general management of the affairs of the Union of Soviet Socialist Republics.

Article 38. In pursuance of this task the People's Commissariats issues decrees, ordinances, instructions and generally takes what measures are necessary to ensure the proper course of life of the State.

Article 39. The People's Commissariats immediately notify The Central Executive Committee of all its orders and decisions.

Article 40. The Central Executive Committee has the right to cancel or suspend any order or decision of the Council of People's Commissars.

Article 41. All decisions and orders of the Council of People's Commissars that are of major general political importance are submitted to The Central Executive Committee for consideration and approval.

Note: The Council of People's Commissars can take urgent measures directly.

Article 42. Members of the Council of People's Commissars head the People's Commissariats.

Article 43. Eighteen People's Commissariats are formed:
Foreign Affairs;
Military Affairs;
Maritime Affairs;
Interior;
Justice;
Labour;
Social Security;
Public Education;
Post, Telegraph and Internet;
Nationalities Affairs;
Finance;
Transport;
Agriculture;
Trade and Industry;
Food Supply;
State Control;
The Supreme Economic Council;
Public Health.

Article 44. A People's Commissar has the right personally to take decisions on all matters that come within the competence of his commissariat.

Article 45. The rank of People's Commissar is given exclusive authority to manage the general affairs of the Union of Soviet Socialist Republics, and cannot be conferred on any other representative of Soviet government either in the centre or in the provinces.

Chapter Nine

The Jurisdiction of the Congress of Soviets and The Central Executive Committee

Article 46. Within the jurisdiction of the Congress of Soviets and the Central Executive Committee come all matters of State importance for the Union of Soviet Socialist Republics.

General guidance of the foreign and domestic policy of the Union of Soviet Socialist Republics.

Delimitation and modification of frontiers, as well as alienation of parts of the territory of the Union of Soviet Socialist Republics or of rights belonging to it. (C)

Delimitation of the boundaries and spheres of jurisdiction of the regional unions of soviets forming part of the Soviet Union, as well as settlement of disputes between them.

Admission of new members into the Union of Soviet Socialist Republics and confirmation of secession of parts of the Soviet Union.

General determination of the administrative divisions of the territory of the Union of Soviet Socialist Republics, and confirmation of regional formations.

Establishment and modification of the system of weights and measures and the monetary system on the territory of the Union of Soviet Socialist Republics.

Relations with foreign states, declaration of war and conclusion of peace. (H)

Contracting and granting of loans, conclusion of customs and trade treaties and financial agreements.

Determination of the fundamentals and the general plan of the national economy and its branches on the territory of the Union of Soviet Socialist Republics.

Approval of the budget of the Union of Soviet Socialist Republics.

Establishment of federal taxes and duties.

Definition of the basic principles of organization of the armed forces of the Union of Soviet Socialist Republics.

Federal legislation, the judicial system and judicial procedure, civil and criminal legislation.

General regulations on the acquisition and loss of Soviet citizenship rights and on the rights of foreigners on the territory of the Union.

The right of amnesty, general and partial.

Article 47. In addition to the matters listed above, the Congress of Soviets and The Central Executive Committee decide all questions which they find coming within their competence.

Article 48. It is the exclusive prerogative of the Congress of Soviets to:

Ratify peace treaties.

Article 49. The Central Executive Committee may decide matters indicated in paragraphs (C) and (H) of Article 43 only when The Congress of Soviets cannot be convened.

B. Organization of Local Soviet Authority

Chapter Ten

Congresses of Soviets

Article 50. The Union of Soviet Socialist Republics Shall be divided into a collection of small territorial units, which shall have their own Congresses of Soviets.

Article 51. Local Congresses of Soviets are composed as follows:

Regional congresses of representatives to represent the regions of Russia whom may send one delegate to the central Congress of Soviets per 100,000 citizens if they so whish.

National congresses of representatives to represent the nationalities of the Republics that make up the Soviet Union whom may send one delegate to the central Congress of Soviets per 100,000 citizens if they so whish.

Article 52. Congresses of Soviets are convened by the respective local executive bodies of Soviet authority (executive committees) at their discretion, or on the demand of the Soviets of localities accounting for not less than one-third of the population of the given territorial unit.

Article 53. Each Territory of the Union of Soviet Socialist Republics must ratify the Constitution of the Union of Soviet Socialist Republics before their territory is allowed to send a representative to the Union Congress of Soviets.

Article 54. Upon ratification of the Constitution of the Union of Soviet Socialist Republics and the acceptance of admission by the Congress of Soviets; each region/nation shall be held accountable for the upholding of The Constitution of the Soviet Union in their territory, and be granted all the rights and liberties within this document from the Soviet Union.

Article 55. The local congresses of Soviets shall:

Put into effect all decisions of the corresponding higher bodies of soviet rule;

Take all measures to promote the cultural and economic development of the given territory;

Decide all questions of purely local importance (for the given territory);

Co-ordinate all soviet activity within the boundaries of the given territory.

Part Four: Active and Passive Suffrage

Chapter Thirteen

Article 56. The right to elect and to be elected to soviets is enjoyed, irrespective of religion, nationality, sex, domicile, etc. by the following citizens of the Union of Soviet Socialist Republics who have reached the age of eighteen by polling day:

All those who earn a living by productive and socially useful labour (as well as persons engaged in housekeeping which enables the former to work productively), viz. wage and salaried workers of all groups and categories engaged in industry, trade, agriculture, etc. and peasants and Cossack farmers who do not employ hired labour for profit;

Soldiers of the Soviet army and navy;

Citizens belonging to categories listed in Paragraphs (a) and (b) of the present article who have been to any degree incapacitated.

NOTE 1. The local soviets may, subject to approval by the central authority, lower the age limit established in the present article.

NOTE 2. As far as resident foreigners are concerned, active and passive suffrage is enjoyed by persons indicated (Part Two, Chapter V).

Article 57. The right to elect and to be elected is denied to the following persons, even if they belong to one of the categories listed above:

Persons who employ hired labour for profit;

Persons living on unearned income, such as interest on capital, profits from enterprises, receipts from property, etc.;

Private traders and commercial middle-men;

Monks and ministers of religion;

Persons declared insane by legal proceeding, as well as persons in ward;

Persons condemned for pecuniary and infamous crimes to terms established by law or by a court decision.

Chapter Fourteen

The Conduct of Elections

Article 58. Elections are held, according to established customs, on days appointed by local Soviets.

Article 59. Elections are conducted in the presence of an electoral commission and a representative of the local soviet.

Article 60. In instances when the presence of a representative of Soviet authority is technically impossible, he is replaced by the electoral commission chairman or, in the absence of the latter, by the chairman of the electoral assembly.

Article 61. The proceedings and results of the election are recorded in a minute signed by the members of the electoral commission and the representative of the soviet.

Article 62. The detailed procedure for the conduct of elections, and for the participation in them of trade unions and other workers' organizations, is determined by the local soviets in keeping with instructions issued by The Central Executive Committee.

Chapter Fifteen

Verification and Revocation of Election Returns Recall of Deputies

Article 63. All material pertaining to the conduct of elections is forwarded to the respective soviet.

Article 64. The soviet decides the question of confirming disputed candidates.

Article 65. Should the Soviet reject a candidate, it appoints re-elections.

Article 66. Should the elections as a whole be found faulty, the question of annulling them is decided by the higher body of soviet rule.

Article 67. The final instance for annulling elections to soviets is The Central Executive Committee.

Article 68. The electors who have sent a deputy to the Soviet have the right to recall him at any time, and to hold new elections, in keeping with the general rules.

Part Five: Budgetary Law

Chapter Sixteen

Article 69. The main objective of the fiscal policy of the Union of Soviet Socialist Republics in the current transitional period of the dictatorship of the working people is expropriation of the bourgeoisie and preparation of conditions for the universal equality of the citizens of the Union in the sphere of production and distribution of values. It is therefore aimed at placing at the disposal of the organs of Soviet power all the means necessary for satisfying the local and national needs of the Soviet Republics, in the pursuit of which tasks it will not stop at invading the sphere of the right of private ownership.

Article 70. The state revenues and expenditures of the Union of Soviet Socialist Republics are united in the state budget.

Article 71. The Congress of Soviets or The Central Executive Committee determine which revenues and duties accrue to the state budget and which are placed at the disposal of the local soviets, and establish the limits of taxation.

Article 72. The soviets collect taxes and rates for exclusively local economic needs. The requirements of the state as a whole are met out of resources allocated by the State Treasury.

Article 73. No expenditures can be made out of the resources of the State Treasury unless provided for in the state budget, or without a special decision of the central authority.

Article 74. To meet needs of national importance, local soviets are allotted credits by the appropriate People's Commissariats out of State Treasury funds.

Article 75. All State Treasury credits, and credits approved for local needs, are expanded by soviets strictly as provided for in their budgets, and cannot be used for other purposes without a special decision of the Central Executive Committee and the Council of People's Commissars.

Article 76. Should the need arise for expenditures insufficiently provided for in the estimates, or not provided for at all, the soviets apply for additional allocations to the respective People's Commissariats.

Article 77. In the event of local resources proving insufficient to satisfy local needs, the issue of subsidies or loans to local soviets necessary to cover urgent expenditures is authorized by The Central Executive Committee and the People's Commissariats.

Part Six: The Arms and the Flag of the Union of Soviet Socialist Republics

Chapter Seventeen

Article 78. The arms of the Union of Soviet Socialist Republics consist of a sickle and hammer against a globe depicted in the rays of the sun and surrounded by ears of grain with the inscription "Workers of All Countries, Unite!" in the languages of the Union Republics. At the top of the arms is a five-pointed star.

Article 79. The flag Union of Soviet Socialist Republics is of red cloth with the sickle and hammer depicted in gold in the upper corner near the staff and above them a five-pointed red star bordered in gold. The ratio of the width to the length is 1:2.


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