Open Library - an open library of educational information. Creation of the foundations of Soviet law (1917–1918) Creation of the foundations of Soviet law 1917 1918 briefly

Simultaneously with the creation of the Soviet state, Soviet law also emerged. This process occurs simultaneously with the breakdown of the old state and the old law. Therefore, it occupies a certain transition period. It also corresponds to 3 groups of sources of law of that period.

1st group - new legislation, new regulations. The range of these acts, initially few in number, gradually expands.

2nd group - old legislation. The need for its use in this period, when the old state machine has not yet been completely broken, is understandable and expedient. Thus, the Soviet Decree on the Court No. 1 allowed references to the application of the old law in the courts, but it is obvious that other bodies were also in mind.

It is also possible to use the old law because some of its norms are devoid of class content and are of a universal human nature. So, let’s say, both feudal and bourgeois law establish liability for murder and infliction of grievous bodily harm, although this is done from a class position.

Of course, the use of the old law in a socialist state could only be temporary, and in the Decree on the Court No. 7 (in July 1918) there are no longer any references to this possibility, although there is no direct ban on the use of the old laws.

And finally, the 3rd group of sources of law is the revolutionary legal consciousness of the working masses. The emergence of this specific group is associated with a certain legal vacuum and the absence of many rules designed to regulate certain legal relations. Therefore, the opportunity was allowed to act “as the revolutionary conscience dictated, as useful for the revolution.”

A feature of Soviet legislation of this period was the expansion of the circle of legislative bodies. Normative acts of the highest legal force could be adopted by the All-Russian Congresses of Soviets, the All-Russian Central Executive Committee, and the Council of People's Commissars. The principle of plurality of legislative bodies was enshrined in the Constitution and remained throughout the entire transition period from capitalism to socialism.

Lawmaking activities were carried out not only by legislative bodies, but also by other bodies of the Soviet state, including people's commissariats and local Soviets. Sometimes the antes of the People's Commissariats performed the functions of laws, if there were none. In addition, a large number of normative, although not legal, acts were issued by trade unions and labor collectives themselves (especially in the field of regulation of labor relations).

The legislative process itself was regulated, in particular, by the resolution of the Council of People's Commissars "On the editing and printing of legislative acts" adopted in January 1918.

From the very beginning, Soviet law arose as all-Russian law. Acts of the central authorities were equally valid throughout the entire Soviet Republic. However, the emergence of union republics led to the creation of the law of the latter. The authorities of the Union republics, recognizing the effect of all-Union acts, adopted their own legal acts.

The emergence of autonomous republics led to the creation of legal acts for these states. In principle, the rule-making of local Councils was of a subordinate nature, but sometimes they invaded the competence of national bodies, in particular, by issuing acts of a criminal, legal and procedural nature.

Legislative acts varied in form: appeals, decrees, resolutions, declarations, but the most common were decrees.

Another characteristic feature of Soviet law was the absence of systematized acts, because laws were issued on specific issues. The only codified act was the Constitution of the RSFSR. At the same time, the need to systematize legislation soon gave rise to the first, albeit simplest, form of systematization - the Collection of Legislation and Orders of the Workers' and Peasants' Government (SU RSFSR). However, the work on codifying Soviet law did not stop there.

The formation and development of Soviet law led to fundamental changes in all its branches.

Suffrage. The basic principles of Soviet electoral law began to take shape even before October. They materialized during the formation of the Soviets. The councils of workers' deputies were class bodies and were formed according to the class principle - by workers from workers. Officers could sometimes participate (actively and passively) in elections to soldiers' councils. As for the peasant Soviets, here at first the class principle as a whole was not maintained. Representatives of the rural bourgeoisie and kulaks could take part in them.

The principle of representation of various social groups of workers in the Soviets was also implemented in different ways. The largest representation, of course, belonged to the workers, and then to the peasants, and the smallest part was made up of office workers. Therefore, the principle of equal elections was not respected. It was impossible to call the elections direct, because this principle operated mainly only in the formation of grassroots Soviets, while provincial and all-Russian Soviets were elected through multi-level elections.

The principle of universal suffrage enshrined in the Constitution was understood as electoral for workers, moreover, it contained a clear list of citizens who have voting rights: workers and employees of all categories, peasants who do not use hired labor for the purpose of making a profit, military personnel, workers who have lost ability to work At the same time in Art. 65 lists citizens who do not have voting rights: non-working elements, private traders, trade and commercial intermediaries, clergy. To them were also added “unreliable” ones - former employees of the police, gendarmerie, secret police, members of the royal family. And finally, the categories common to all states are the insane and criminals.

The constitution also enshrined the principle of recalling Soviet deputies at the initiative of voters.

These principles were preserved until the adoption of the third Constitution, the Constitution of the USSR, in 1936.

Civil law. Radical changes in civil law were caused, first of all, by the destruction of private property and the establishment of new production relations on the basis of socialist property.

Socialist nationalization was a forced gratuitous confiscation of capitalist private property, carried out, albeit in stages, but in a very short time. The result of nationalization was the emergence of a new type of property - state, socialist. It was completely withdrawn from civil circulation, i.e. it could not be sold, bought, rented, donated, mortgaged, etc.

Property relations were also subject to state regulation. Here, the decisive role was played by the establishment of a state monopoly on the purchase and sale of bread, oil, agricultural machinery, commercial and industrial enterprises, raw materials such as tobacco and raw materials such as shag, gold products, fabrics, pharmaceutical goods, and other items subject to state distribution. This corresponded to the principles of the policy of war communism pursued by the state at that time.

A new order of succession was established. Inheritance of capitalist property by law and by will was abolished. It was possible to inherit only labor property not exceeding the value of 10 thousand rubles.

Family law was completely based on new, Soviet principles. In December 1917, decrees on civil marriage and divorce were adopted.

In connection with the separation of church and state, the decree abolished church marriage as a compulsory form of marriage and established civil (secular) marriage, registered with the relevant state bodies (Registry Offices). Equality was established for those entering into marriage. Illegitimate children had equal rights with those born within marriage. In controversial cases, the father of an illegitimate child could be established in court.

Divorce was also excluded from the jurisdiction of the church. Divorce with mutual consent of the spouses was formalized on the basis of their application by the registry office. And if one of the spouses disagreed with the divorce, the matter was resolved in court.

Labor law was aimed at ousting capitalist elements. An 8-hour working day was established, and for minors and hazardous work the working day was shortened. Only persons over 14 years of age could work for hire. In June 1918, vacations with pay were established for workers and employees.

The issues of wages and social insurance were settled on a more equitable basis. Management of these issues was assigned to the trade unions.

Steps were taken to combat unemployment on the basis of universal labor service and strengthen labor discipline.

Thus, already in the first period of the existence of Soviet power, a certain system of legal norms arose regulating labor relations in the interests of all workers.

Land law. The first legislative act of land law was the Decree on Land, which secured land as state, socialist property. All previous categories of land ownership were completely abolished. Hence the principle of inalienability of land. The right to dispose of land was not granted to either organizations or individuals, but exclusively to the state. All others became users of land, which was transferred and taken from them by virtue of an administrative act of government bodies, and not on the basis of any contractual relations.

Subsoil, ore, oil, coal, etc., as well as forests and waters of national importance, also became the exclusive property of the state. Small rivers, lakes, and forests became the use of communities.

City lands also became the property of the state and were transferred to former property owners for use in the amount determined by law.

Criminal law. The first acts of Soviet criminal legislation had a clearly defined class character and were aimed not only at combating criminal crime, but also at suppressing the resistance of the overthrown classes and strengthening the dictatorship of the proletariat. Hence the class approach to the concept of crime, as an action or inaction dangerous to the interests of the working class and all working people, Soviet power and the gains of the revolution.

A new set of crimes also appeared - counter-revolutionary, which included: conspiracies and rebellions aimed at overthrowing Soviet power; anti-Soviet speeches in the press; the appropriation by criminal organizations of functions of state power to overthrow the power of the Soviets; treason to the Motherland - joining the counter-revolutionary troops of the local or foreign bourgeoisie or selling weapons to arm the counter-revolutionary bourgeoisie; espionage; sabotage; sabotage; Act of terrorism; counter-revolutionary sabotage of Soviet government activities by former civil servants.

Pogroms, theft, banditry, profiteering, and hooliganism were recognized as particularly dangerous crimes, often merging with counter-revolutionary ones. The punishment of official crimes - bribery, red tape, etc. was regulated by law.

Military crimes. The most serious is the use by a military specialist of his post in order to support counter-revolutionary conspiracies, betrayal, and complicity with internal and external enemies. Theft of military property, looting, robberies and violence against the population were also recognized as crimes.

In the spring of 1918, liability was established for desertion (unauthorized abandonment of the ranks of the Red Army) and failure to appear for conscription into the Rear Militia.

The fight against crime was carried out by combining coercion with persuasion. Coercion against hostile classes, persuasion of petty-bourgeois elements and the unstable part of the working people.

The types of punishments were covered by the NKJ Instruction of December 19, 1917 on the revolutionary tribunal, its composition, the cases subject to its jurisdiction, etc. The following types of punishments were provided for: fine, imprisonment, removal from the capital, certain localities or borders of the Russian Republic, public censure, declaration as an enemy of the people, deprivation of all or some political rights, confiscation of property (full or partial), compulsory community service.

Imprisonment was provided for for different periods. At first they were short (from 7 days to 1 year) and only for the most serious crimes a limit of “not lower” was set. Thus, for embezzlement of grain reserves, one was sentenced to at least 10 years in prison with confiscation of property and community service. Imprisonment was not applied to juvenile offenders. Conditional sentences were also used for minor crimes.

Procedural law. The procedure for considering cases in Soviet courts was fundamentally different from the old one.

Local courts considered civil cases for a claim amount of up to 3 thousand rubles and criminal cases, providing for penalties of no more than two years in prison. Preliminary investigations in criminal cases were conducted by a local judge alone.

The origins of Soviet gravel. Soviet law arose simultaneously with the Soviet state and in the same way. just like it. in the course of breaking the old law

It is worth noting three main groups of sources of Soviet law that were in effect during the period under study:

1) new legislation, new regulations;

2) old legislation (especially those norms that were of a universal human nature),

3) revolutionary legal consciousness of the working people

Regarding the destruction of the old law and the use of pre-revolutionary legislation as a source of new Soviet law, it is necessary to cite the general fundamental provision of the Decree on the Court No. I of November 22, 1917, that local courts and other bodies “are guided in their decisions and sentences by the laws of the overthrown governments only insofar as they have not been abolished by the revolution and do not contradict the revolutionary conscience and revolutionary sense of justice.”

A feature of the legislation of this period is the plurality of legislative bodies. Normative acts of the highest legal order could be created by the All-Russian Congresses of Soviets, BLlMK and CHK. This was also enshrined in the Constitution of 1918.

Lawmaking activities were carried out not only by legislative bodies, but also by other bodies of the Soviet state, including people's commissariats and local councils. Given the lack of normative material, acts of people's commissariats sometimes performed the functions of laws. Acts of trade union bodies were of great importance, especially in the field of regulation of labor relations.

Social law arose as an all-Russian law. The emergence of autonomous republics led to the creation of legal acts and these state entities. Local councils, in their rule-making, sometimes also interfered with national spheres.

The first period of the history of Soviet law was characterized by the publication of laws on individual problems and the absence of systematized acts. In general, it can be stated that during the period under study only the foundations of Soviet law were laid

The first, simplest form of systematization was the publication of the Collection of Legislation and Orders of the Workers' and Peasants' Government (SURSFSR)

Civil law. In the field of civil law, the most important circumstance was the emergence and development of the institution of socialist property.

Its formation was based on: the liquidation of private ownership of land, forests, mineral resources and water; nationalization of factories, mines, transport, banks, communications, etc. Nationalization was a new way of the emergence of property - state socialist property. Objects of state property were withdrawn from civil circulation.

State socialist property was also formed through succession to pre-revolutionary state property.

Private capitalist turnover and regulation of economic life took place during this period under the amalgamation of administrative and legal regulation of property relations. Real estate transactions were prohibited, first in the city and then in the countryside.

The state also regulated purchase and sale relations by establishing fixed prices for bread and other essential products. Special committees were created to regulate prices and exercise control over them.

A new order of inheritance was established. By decree of the All-Russian Central Executive Committee of April 14, 1918, the inheritance of capitalist property by law and will was abolished. Along with this, the donation of private property was abolished

Land law.

The legislative consolidation of state socialist ownership of land by the Decree on Land meant that all previous categories of ownership were abolished. The right to dispose of land was not granted to either organizations or individuals, but was concentrated in the hands of the state itself, which allocated land to various organizations and individuals on the right of use

The Law on the Socialization of Land, published on February 19, 1918, entrusted land authorities with the development of collective farms in agriculture as one of the most important tasks.

Erotic law. On December 18, 1917, the Decree “On civil marriage, on children and on the introduction of civil registers” was adopted. Church marriage as a mandatory form was abolished and civil marriage was established, registered with the relevant government bodies. Spouses were recognized as equal in rights. Those born in and out of wedlock were also given equal rights.

On December 19, 1917, the Decree “On Divorce” was adopted, which abolished the previously established obstacles to this.

Activities to implement the above-mentioned decrees were regulated by the Instructions of the People's Commissariat of Justice *06 for the organization of departments for registering marriages and births" dated January 4, 1918.

Labor law. The first Soviet decree on labor was the CHK decree of October 29, 1917 “On the eight-hour working day.” According to it, the length of the working week should not exceed 48 hours. Overtime work was allowed only in exceptional cases by the relevant workers' organizations. Children under 14 years of age were not allowed to work at all. For minors, a six-hour working day was established. Women and minors were not allowed to do overtime and heavy work

In June 1918, for the first time in the world, vacations with pay were established for workers and employees. Trade unions took the lead in regulating wages. The wage rates they developed were approved by the People's Commissariat of Labor. At the same time, measures were taken to equalize wages for men and women.

On November 1, 1917, the government message “On social insurance” was published. This began to apply to all workers and employees. The decrees on separate social insurance funds adopted in December 1917 covered cases of loss of ability to work, as well as unemployment. Insurance funds were formed from funds received from enterprises

Intermediary offices for hiring labor were abolished and labor exchanges were created, which kept accurate records of labor and ensured its systematic distribution. To transform all citizens into workers in a socialist society, universal labor conscription was introduced. It found its legislative codification in the Declaration of the Rights of Working and Exploited People

To ensure order, accounting and control in production, measures were taken to establish labor discipline. In May 1918, the old factory inspection was replaced by a new labor inspection, which was under the authority of the People's Commissariat of Labor and its local bodies.

Criminal law. The first acts of Soviet criminal legislation outlined only the general and main directions of the policy of the Soviet state in the field of combating crime.

First of all, the norms of criminal law were consolidated, aimed at the resistance of the overthrown classes, strengthening the dictatorship of the proletariat. Particular attention was paid to the fight against counter-revolutionary and military crimes

In particular, during the period under study, the most dangerous counter-revolutionary crimes such as rebellion, rebellion, conspiracy, an attempt to usurp state power by a counter-revolutionary organization, a terrorist act, espionage, sabotage, sabotage, sabotage, counter-revolutionary agitation and propaganda were regulated. organizations of enemies of the people. Thus, in November 1917, according to the Decree “On the arrest of the leaders of the civil war against the revolution,” the party of enemies of the people were the Cadets, who were charged with uniting all the counter-revolutionary forces of the country and leading the outbreak of the civil war. Kalet leaders were subject to arrest and trial by a revolutionary tribunal, and ordinary members were to be under the supervision of local Soviets. Thus, the Bolsheviks set a course for armed forceful suppression of their political opponents. At the same time, all members of opposition political parties were subject to criminal repression, not for specific and proven crimes, but only for the fact of membership in them.

The most dangerous common crimes were baidism, theft, profiteering and bribery.

The fight against crime was carried out by combining coercion with persuasion. One of the first acts that most fully listed the types of punishments was the Instruction of the People's Commissariat of Justice of December 19, 1917 on the revolutionary tribunal. As punishments, it provided for a fine, imprisonment, removal from the capital, certain localities or borders of Russia, public censure, declaring an enemy of the people, deprivation of political rights, confiscation of property, compulsory public works. On June 16, 1918, the People's Commissariat of Justice adopted a hasty resolution, according to which the revolutionary tribunals were authorized to use execution for counter-revolutionary crimes

Local courts also applied new types of punishment, not regulated by law, which were a form of education: public reprimand in the presence of the court, deprivation of public trust, prohibition to speak at meetings

During the period under study, probation began to take shape as a measure of punishment. It should be noted that when choosing a punishment, a class approach was used, which involved mitigating it for representatives of workers.

Court and process. The creation of new - Soviet - judicial bodies was accompanied by the establishment of a new democratic procedure for the consideration of ice. Soviet legal proceedings were distinguished by their accusatory-adversarial nature, oral nature, publicity and immediacy. The court was not constrained by any formalities in relation to the duration and statute of limitations. Evidence was suppressed due to the internal conviction of the judges

During the period under study, legal proceedings were allowed on the basis of the Statutes of Civil and Criminal Proceedings of 1864, to the extent that they were not abolished by Soviet rule and did not contradict socialist legal consciousness.

To replace the oath, which was used as evidence before the revolution, a warning for giving false testimony was introduced

The consideration of particularly important cases in the Revolutionary Tribunal under the BUMK was carried out without the participation of people's assessors. The decisions of the tribunal could be appealed in cassation to the NKJ, which was given the right to appeal to the BUMK for a final resolution of the issue.

• Subject and method of history of the Russian state and law
  • Subject of the history of the Russian state and law
  • Method of history of the domestic state and law
  • Periodization of the history of the Russian state and law
• Old Russian state and law (IX - beginning of the 12th century)
  • Formation of the Old Russian State
    • Historical factors in the formation of the Old Russian state
  • Social system of the Old Russian state
    • Feudal-dependent population: sources of education and classification
  • Political system of the Old Russian state
  • System of law in the Old Russian state
    • Property rights in the Old Russian state
    • Law of obligations in the Old Russian state
    • Marriage, family and inheritance law in the Old Russian state
    • Criminal law and judicial process in the Old Russian state
• State and law of Rus' during the period of feudal fragmentation (beginning of the XII-XIV centuries)
  • Feudal fragmentation in Rus'
  • Features of the socio-political system of the Galicia-Volyn principality
  • Socio-political system of the Vladimir-Suzdal land
  • Socio-political system and law of Novgorod and Pskov
  • State and law of the Golden Horde
• Formation of the Russian centralized state
  • Prerequisites for the formation of the Russian centralized state
  • Social system in the Russian centralized state
  • Political system in the Russian centralized state
  • Development of law in the Russian centralized state
• Estate-representative monarchy in Russia (mid-16th - mid-17th centuries)
  • Social system during the period of the estate-representative monarchy
  • The political system during the period of the estate-representative monarchy
    • Police and prisons in mid. XVI - mid. XVII century
  • Development of law during the period of estate-representative monarchy
    • Civil law in mid. XVI - mid. XVII century
    • Criminal law in the Code of 1649
    • Legal proceedings in the Code of 1649
• Education and development of the absolute monarchy in Russia (second half of the 17th-18th centuries)
  • Historical background for the emergence of absolute monarchy in Russia
  • Social system of the period of absolute monarchy in Russia
  • The political system of the period of absolute monarchy in Russia
    • Police in absolutist Russia
    • Prisons, exile and hard labor in the 17th-18th centuries.
    • Reforms of the era of palace coups
    • Reforms during the reign of Catherine II
  • Development of law under Peter I
    • Criminal law under Peter I
    • Civil law under Peter I
    • Family and inheritance law in the XVII-XVIII centuries.
    • The emergence of environmental legislation
• State and law of Russia during the period of decomposition of the serfdom and the growth of capitalist relations (first half of the 19th century)
  • Social system during the period of decomposition of the serfdom system
  • The political system of Russia in the nineteenth century
    • State reform of authorities
    • His Imperial Majesty's Own Office
    • The police system in the first half of the 19th century.
    • The Russian prison system in the nineteenth century
  • Development of a form of state unity
    • Status of Finland within the Russian Empire
    • Incorporation of Poland into the Russian Empire
  • Systematization of the legislation of the Russian Empire
• State and law of Russia during the period of establishment of capitalism (second half of the 19th century)
  • Abolition of serfdom
  • Zemstvo and city reforms
  • Local government in the second half of the 19th century.
  • Judicial reform in the second half of the 19th century.
  • Military reform in the second half of the 19th century.
  • Reform of the police and prison system in the second half of the 19th century.
  • Financial reform in Russia in the second half of the 19th century.
  • Educational and censorship reforms
  • The Church in the system of government of Tsarist Russia
  • Counter-reforms of the 1880-1890s.
  • Development of Russian law in the second half of the 19th century.
    • Civil law of Russia in the second half of the 19th century.
    • Family and inheritance law in Russia in the second half of the 19th century.
• State and law of Russia during the period of the first Russian revolution and before the outbreak of the First World War (1900-1914)
  • Prerequisites and course of the first Russian revolution
  • Changes in the social system of Russia
    • Agrarian reform P.A. Stolypin
    • Formation of political parties in Russia at the beginning of the 20th century.
  • Changes in the Russian government system
    • Reform of government bodies
    • Establishment of the State Duma
    • Punitive measures P.A. Stolypin
    • The fight against crime at the beginning of the 20th century.
  • Changes in law in Russia at the beginning of the 20th century.
• State and law of Russia during the First World War
  • Changes in the government apparatus
  • Changes in the field of law during the First World War
• State and law of Russia during the period of the February bourgeois-democratic republic (February - October 1917)
  • February Revolution of 1917
  • Dual power in Russia
    • Resolving the issue of state unity of the country
    • Reform of the prison system in February - October 1917
    • Changes in the government apparatus
  • Activities of the Soviets
  • Legal activities of the Provisional Government
• Creation of the Soviet state and law (October 1917 - 1918)
  • All-Russian Congress of Soviets and its decrees
  • Fundamental changes in the social order
  • The destruction of the bourgeois and the creation of a new Soviet state apparatus
    • Powers and activities of the Councils
    • Military revolutionary committees
    • Soviet armed forces
    • Workers' militia
    • Changes in the judicial and penitentiary systems after the October Revolution
  • Nation-state building
  • Constitution of the RSFSR 1918
  • Creation of the foundations of Soviet law
• Soviet state and law during the Civil War and intervention (1918-1920)
  • Civil war and intervention
  • Soviet state apparatus
  • Armed forces and law enforcement agencies
    • Reorganization of the police in 1918-1920.
    • Activities of the Cheka during the Civil War
    • Judicial system during the Civil War
  • Military Union of Soviet Republics
  • Development of law during the Civil War
• The Soviet state and law during the period of the New Economic Policy (1921-1929)
  • Nation-state building. Education USSR
    • Declaration and Treaty on the Formation of the USSR
  • Development of the state apparatus of the RSFSR
    • Restoration of the national economy after the civil war
    • Judicial authorities during the NEP period
    • Creation of the Soviet prosecutor's office
    • USSR police during the NEP period
    • Correctional labor institutions of the USSR during the NEP period
    • Codification of law during the NEP period
• The Soviet state and law during the period of radical change in social relations (1930-1941)
  • State economic management
    • Collective farm construction
    • National economic planning and reorganization of government bodies
  • State management of socio-cultural processes
  • Law enforcement reforms in the 1930s.
  • Reorganization of the armed forces in the 1930s.
  • Constitution of the USSR 1936
  • Development of the USSR as a union state
  • Development of law in 1930-1941.
• The Soviet state and law during the Great Patriotic War
  • The Great Patriotic War and the restructuring of the work of the Soviet state apparatus
  • Changes in the organization of state unity
  • Development of Soviet law during the Great Patriotic War
• The Soviet state and law in the post-war years of restoration of the national economy (1945-1953)
  • The internal political situation and foreign policy of the USSR in the first post-war years
  • Development of the state apparatus in the post-war years
    • The system of correctional labor institutions in the post-war years
  • Development of Soviet law in the post-war years
• The Soviet state and law during the period of liberalization of social relations (mid-1950s - mid-1960s)
  • Development of external functions of the Soviet state
  • Development of a form of state unity in the mid-1950s.
  • Restructuring of the USSR state apparatus in the mid-1950s.
  • Development of Soviet law in the mid-1950s - mid-1960s.
• The Soviet state and law during the period of slowdown in social development (mid-1960s - mid-1980s)
  • Development of external functions of the state
  • Constitution of the USSR 1977
  • Form of state unity according to the 1977 USSR Constitution.
    • Development of the state apparatus
    • Law enforcement in the mid-1960s - mid-1980s.
    • USSR judicial authorities in the 1980s.
  • Development of law in the middle. 1960s - mid. 1900s
  • Correctional labor institutions in the middle. 1960s - mid. 1900s
• Formation of the state and law of the Russian Federation. Collapse of the USSR (mid 1980s - 1990s)
  • The policy of “perestroika” and its main content
  • Main directions of development of the political regime and state system
  • Collapse of the USSR
  • External consequences of the collapse of the USSR for Russia. Commonwealth of Independent States
  • Formation of the state apparatus of the new Russia
  • Development of the form of state unity of the Russian Federation
  • Development of law during the collapse of the USSR and the formation of the Russian Federation

Sources of Soviet law. Soviet law arose simultaneously with the Soviet state and in the same way as it: during the breakdown of the old law.

It is worth noting three main groups of sources of Soviet law that were in effect during the period under study:

1. new legislation, new regulations;
2. old legislation (especially those norms that were of a universal nature);
3. revolutionary legal consciousness of the working people.

Regarding the destruction of the old law and the use of pre-revolutionary legislation as a source of new Soviet law, it is necessary to cite the general fundamental provision of the Decree on the Court No. 1 of November 22, 1917, that local courts and other bodies “are guided in their decisions and sentences by the laws of the overthrown governments only insofar as they have not been abolished by the revolution and do not contradict the revolutionary conscience and revolutionary sense of justice.”

A feature of the legislation of this period is the plurality of legislative bodies. Normative acts of the highest legal force could be created by the All-Russian Congresses of Soviets, the All-Russian Central Executive Committee and the Council of People's Commissars. This was also enshrined in the Constitution of 1918.

Law-making activities were carried out not only by legislative bodies, but also by other bodies of the Soviet state, including people's commissariats and local councils. Given the lack of normative material, acts of people's commissariats sometimes performed the functions of laws. Acts of trade union bodies were of great importance, especially in the field of regulation of labor relations.

Soviet law arose as all-Russian law. The emergence of autonomous republics led to the creation of legal acts and these state entities. Local councils, in their rule-making, sometimes also interfered with national spheres.

The first period of the history of Soviet law was characterized by the publication of laws on individual problems and the absence of systematized acts. In general, it can be stated that during the period under study only the foundations of Soviet law were laid.

The first, simplest form of systematization was the publication of the Collection of Legislation and Orders of the Workers' and Peasants' Government (SU RSFSR).

Civil law. In the field of civil law, the most important circumstance was the emergence and development of the institution of socialist property.

Its formation was based on: the elimination of private ownership of land, forests, mineral resources and water; nationalization of factories, mines, transport, banks, communications, etc. Nationalization was a new way of the emergence of property - state socialist. Objects of state property were withdrawn from civil circulation.

State socialist property was also formed through succession to pre-revolutionary state property.

Private capitalist turnover and regulation of economic life occurred during this period under the influence of administrative and legal regulation of property relations. Real estate transactions were prohibited, first in the city and then in the countryside.

The state also regulated purchase and sale relations by establishing fixed prices for bread and other essential products. Special committees were created to regulate prices and exercise control over them.

A new order of inheritance was established. By the decree of the All-Russian Central Executive Committee of April 14, 1918, the inheritance of capitalist property by law and will was abolished. Along with this, the donation of private property was abolished.

Land law. The legislative consolidation of state socialist ownership of land by the Decree on Land meant that all previous categories of land ownership were abolished. The right to dispose of land was not granted to either organizations or individuals, but was concentrated in the hands of the state itself, which allocated land to various organizations and individuals on a right of use.

Marriage and family law. On December 18, 1917, the Decree “On civil marriage, on children and on the introduction of civil status books” was adopted. Church marriage as a mandatory form was abolished and civil marriage was established, registered with the relevant government bodies. Spouses were recognized as having equal rights. Children born in and out of wedlock were also given equal rights.

On December 19, 1917, the Decree “On Divorce” was adopted, which removed the previously established obstacles to this.

Activities to implement the above-mentioned decrees were regulated by the Instruction of the People's Commissariat of Justice “On the organization of departments for registering marriages and births” dated January 4, 1918.

Labor law. The first Soviet decree on labor was the decree of the Council of People's Commissars of October 29, 1917 “On the eight-hour working day.” According to it, the length of the working week should not exceed 48 hours. Overtime work was permitted only in exceptional cases by the relevant workers' organizations. Children under 14 years of age were not allowed to work at all. A six-hour working day was established for minors. Women and minors were not allowed to do overtime or heavy work.

In June 1918, for the first time in the world, vacations with pay were established for workers and employees. Trade unions took the lead in regulating wages. The wage rates they developed were approved by the People's Commissariat of Grad. At the same time, measures were taken to equalize wages for men and women.

On November 1, 1917, the government message “On Social Insurance” was published. This began to apply to all workers and employees. Decrees on certain types of social insurance adopted in December 1917 covered cases of loss of ability to work, as well as unemployment. Insurance funds were formed from funds received from enterprises.

Intermediary offices for hiring labor were abolished and labor exchanges were created, which kept accurate records of labor and ensured its systematic distribution. To transform all citizens into workers in a socialist society, universal labor conscription was introduced. It found its legislative codification in the Declaration of the Rights of Working and Exploited People.

To ensure order, accounting and control in production, measures were taken to establish labor discipline. In May 1918, the old factory inspection was replaced by a new labor inspection, which was under the authority of the People's Commissariat of Labor and its local authorities.

Criminal law. The first acts of Soviet criminal legislation outlined only the general and main directions of the policy of the Soviet state in the field of combating crime.

First of all, the norms of criminal law were consolidated, aimed at resisting the overthrown classes and strengthening the dictatorship of the proletariat. Particular attention was paid to the fight against counter-revolutionary and military crimes.

In particular, during the period under study, the most dangerous counter-revolutionary crimes such as rebellion, rebellion, conspiracy, an attempt to usurp state power by a counter-revolutionary organization, a terrorist act, espionage, sabotage, sabotage, sabotage, counter-revolutionary agitation and propaganda were regulated. Some political parties have been declared organizations of enemies of the people. Thus, in November 1917, according to the Decree “On the arrest of the leaders of the civil war against the revolution,” the Cadets were declared a party of enemies of the people, to whom the Council of People’s Commissars was charged with uniting all the counter-revolutionary forces of the country and leading the outbreak of the civil war. Cadet leaders were subject to arrest and trial by a revolutionary tribunal, and rank-and-file members were to be under the supervision of local Soviets. Thus, the Bolsheviks set a course for armed force suppression of their political opponents. At the same time, all members of opposition political parties were subject to criminal repression, not for specific and proven crimes, but only for the very fact of membership in them.

The most dangerous common crimes were banditry, theft, speculation and bribery.

The fight against crime was carried out by combining coercion with persuasion. One of the first acts that most fully listed the types of punishments was the Instruction of the People's Commissariat of Justice of December 19, 1917 on the revolutionary tribunal. As punishments, it provided for a fine, imprisonment, removal from the capital, certain localities or borders of Russia, public censure, declaring an enemy of the people, deprivation of political rights, confiscation of property, and compulsory community service. On June 16, 1918, the People's Commissariat of Justice adopted a special resolution according to which the revolutionary tribunals were authorized to use execution for counter-revolutionary crimes.

Local courts also applied new types of punishment, not regulated by law, which were a form of education: public reprimand in the presence of the court, deprivation of public trust, prohibition to speak at meetings.

During the period under study, conditional sentencing began to take shape as a measure of punishment. It should be noted that when choosing a punishment, a class approach was used, which involved mitigating it for workers' representatives.

Court and process. The creation of new - Soviet - judicial bodies was accompanied by the establishment of a new democratic procedure for considering cases. Soviet legal proceedings were distinguished by their accusatory-adversarial nature, oral nature, publicity and immediacy. The court was not constrained by any formalities regarding evidence and limitation periods. The evidence was assessed according to the judges' internal convictions.

During the period under study, legal proceedings were allowed on the basis of the Statutes of Civil and Criminal Proceedings of 1864, to the extent that they were not abolished by the Soviet government and did not contradict socialist legal consciousness.

The oath, which was used as evidence before the revolution, was replaced by a warning for giving false testimony.

Consideration of particularly important cases in the Revolutionary Tribunal under the All-Russian Central Executive Committee was carried out without the participation of people's assessors. The decisions of the tribunal could be appealed in cassation to the People's Commissariat of Justice, which was given the right to appeal to the All-Russian Central Executive Committee for a final resolution of the issue.

The Soviet legal system began to be created simultaneously with the emergence of the Soviet state. The formation of new law occurred primarily through the issuance of new regulations. The main forms of normative legal acts were decrees, resolutions and declarations. Acts of the highest legal force (laws) could be issued by the All-Russian Congress of Soviets, the All-Russian Central Executive Committee, the Presidium of the All-Russian Central Executive Committee and the Council of People's Commissars. Due to the impossibility of simultaneous settlement of all legal relations with the help of new legislation, the authorities initially allowed the use of pre-revolutionary laws. The judges could also be guided by revolutionary legal consciousness, i.e. make decisions based on their ideas about the interests of the revolution and the working people.

The Soviet government abolished restrictions on civil rights based on gender, religion, and nationality, and abolished the division of society into classes, but this, however, did not lead to complete equality and equal rights for citizens of the new state. The scope of legal capacity depended on class affiliation. The population was divided into full-fledged “workers” and “non-workers” limited in political and civil rights, among whom the “former exploiters” were subjected to the greatest persecution. A new legal category appeared - “disenfranchised”, denoting people deprived of voting and other rights.

Rulemaking in the field of civil law was closely connected with the policy of “war communism”. It was based on food appropriation, the state monopoly on trade in bread and other essential goods, a gradual transition to direct (non-monetary) product exchange, and the complete nationalization of industry. The institution of socialist property emerges. In December 1917, by decree of the All-Russian Central Executive Committee on the nationalization of banks, a state monopoly on banking was introduced. In the spring and summer of 1918, the nationalization of entire industries was carried out: mining, metallurgy, metalworking, textiles, oil, etc. In the second half of 1918, a general nationalization of large industrial enterprises was carried out, and then they moved on to the nationalization of medium and small enterprises. By the end of 1920, only those enterprises remained in private ownership that, if they had an engine, employed no more than five workers (and if there was no engine, no more than ten). Objects of private property rights could also include consumer goods and small residential buildings. State-owned objects were withdrawn from private circulation and transferred only through administrative orders. As a result, contractual ties as the basis of economic relations were destroyed.

In April 1918, the All-Russian Central Executive Committee abolished Inheritance by law and by will. After the death of the owner, property worth no more than 10 thousand rubles remained to the relatives of the deceased as a “social security measure,” and the rest of the inheritance became the property of the state. In May 1918, the All-Russian Central Executive Committee decree “On Donations” prohibited giving property worth more than 10 thousand rubles.
The legislation in the field of marriage and family relations has changed significantly. Family law began to emerge as a separate branch of law, while in pre-revolutionary Russia the corresponding institutions belonged to civil law. The sources of family law were the decrees of the All-Russian Central Executive Committee and the Council of People's Commissars and the “Code of Laws on Civil Status, Marriage, Family and Guardianship Law” adopted in September 1918 - the first codified act in the history of Soviet law. The church form of marriage was abolished. For marriage, the consent of parents and superiors was not required; social status and religion did not matter. Full equality of spouses was established. Marriage did not create community of property between the spouses. Spouses could enter into any contractual property relations permitted by law. Raising children was seen as a public responsibility of parents, and not as their private matter. The principle of separation of property between parents and children was proclaimed. Adoption was prohibited, which was considered by the proletarian state as a hidden form of exploitation. Illegitimate children were equal in rights to children born in marriage. Free dissolution of marriage (divorce) was allowed by mutual consent of the Spouses or at the request of one of them. Divorce was carried out on the basis of a court decision, but with mutual consent, divorce could be registered at the civil registration authorities.

The Soviet state, speaking on behalf of the workers, paid great attention to the regulation of labor relations. An 8-hour working day and a 48-hour working week, 2 weeks of paid leave, benefits for pregnant women (during 8 weeks before giving birth and 8 weeks after giving birth), and workers' insurance in case of unemployment or illness were established. In May 1918, a new elected labor inspectorate was formed. Subsequently, the development of labor law was strongly influenced by the policy of “war communism”. Universal labor conscription was introduced for persons from 16 to 58 years old, labor mobilizations were carried out, and labor armies were created. The principles of “war communism” were enshrined in the Labor Code adopted in December 1918. The code applied to all persons employed in the state, cooperative and private sectors of the economy.

In criminal law, the system of crimes is changing, the concept of counter-revolutionary crimes is being introduced. In December 1918, the instructions of the People's Commissariat of Justice for the first time provided a list of punishments, including fines, imprisonment, removal from the capital, from certain localities or borders of the Russian Republic, declaring an enemy of the people, confiscation of property, deprivation of all or some political rights, forced public works. The death penalty (on the basis of judicial verdicts) was initially completely prohibited, and its use was resumed only in the summer of 1918.

Punitive policy in the sphere of determining punishments had a number of features. Most criminal law provisions did not contain precisely defined sanctions. Courts could impose punishments not provided for by law. In December 1919, the People's Commissariat of Justice adopted the Guidelines on Criminal Law of the RSFSR, from the text of which the norms of the special part of criminal law were generally excluded. It was assumed that the courts would consider cases on the basis of the norms of the general part of criminal law and be guided by “socialist legal consciousness” and the principle of expediency. Insufficient attention to the forms of guilt and, in general, to the subjective side of the crime made it possible to use objective imputation. The degree of punishment was influenced by the class affiliation of the criminal. Thus, the punishment was mitigated if the offender belonged to the “poor people.”

The Soviet legal system began to be created simultaneously with the emergence of the Soviet state. The formation of new law occurred primarily through the issuance of new regulations. The main forms of normative legal acts were decrees, resolutions and declarations. Acts of the highest legal force could be issued by the All-Russian Congress of Soviets, the All-Russian Central Executive Committee, the Presidium of the All-Russian Central Executive Committee and the Council of People's Commissars. The judges could also be guided by revolutionary legal consciousness, i.e. make decisions based on their ideas about the interests of the revolution and the working people.

The Soviet government abolished restrictions on civil rights based on gender, religion, and nationality, and abolished the division of society into classes, but this, however, did not lead to complete equality and equal rights for citizens of the new state. The scope of legal capacity depended on class affiliation. The population was divided into full-fledged “workers” and “non-workers” limited in political and civil rights, among whom the “former exploiters” were subjected to the greatest persecution. A new legal category appeared - “disenfranchised”, denoting people deprived of voting and other rights.

Rulemaking in the field of civil law was closely connected with the policy of “war communism”. It was based on food appropriation, the state monopoly on trade in bread and other essential goods, a gradual transition to direct (non-monetary) product exchange, and the complete nationalization of industry. The institution of socialist property emerges. The objects of private property rights could only be consumer goods, small residential buildings, and small enterprises. State-owned objects were withdrawn from private circulation and transferred only through administrative orders. As a result, contractual ties as the basis of economic relations were destroyed.

In April 1918 The All-Russian Central Executive Committee abolished inheritance by law and by will. After the death of the owner, property worth no more than 10 thousand rubles remained to the relatives of the deceased as a “social security measure,” and the rest of the inheritance became the property of the state. In May 1918, the All-Russian Central Executive Committee decree “On Donations” prohibited giving property worth more than 10 thousand rubles. The legislation in the field of marriage and family relations has changed significantly. Family law began to emerge as a separate branch of law, while in pre-revolutionary Russia the corresponding institutions belonged to civil law. The sources of seed law were the decrees of the All-Russian Central Executive Committee and the Council of People's Commissars, as well as the “Code of Laws on Civil Status, Marriage, Family and Guardianship Law” adopted in September 1918 - the first codified act in the history of Soviet law. The church form of marriage was abolished. Full equality of spouses was established. Marriage did not create community of property between the spouses. Raising children was seen as a public responsibility of parents, and not as their private matter. Adoption was prohibited, which was considered by the proletarian state as a hidden form of exploitation. Illegitimate children were equal in rights to children born in marriage. Free dissolution of marriage (divorce) was allowed by mutual consent of the spouses or at the request of one of them.

The Soviet state, speaking on behalf of the workers, paid great attention to the regulation of labor relations. An 8-hour working day and a 48-hour working week, 2 weeks of paid leave, benefits for pregnant women, and insurance for workers in case of unemployment or illness were established. Subsequently, the development of labor law was strongly influenced by the policy of “war communism”. Universal labor conscription is being introduced for persons from 16 to 58 years of age, labor mobilizations are being carried out, and labor armies are being created. The principles of “war communism” were enshrined in the Labor Code adopted in December 1918. The code applied to all persons employed in the state, cooperative and private sectors of the economy.

In criminal law, the system of crimes is changing, the concept of counter-revolutionary crimes is being introduced. In December 1918, the instructions of the People's Commissariat of Justice for the first time provided a list of punishments, including fines, imprisonment, removal from the capital, from certain localities or borders of the Russian Republic, declaring an enemy of the people, confiscation of property, deprivation of all or some political rights, forced public works. The death penalty (on the basis of judicial verdicts) was initially completely prohibited, and its use was resumed only in the summer of 1918.

Punitive policy in the sphere of determining punishments had a number of features. Most criminal law provisions did not contain precisely defined sanctions. Courts could impose punishments not provided for by law. In December 1919, the People's Commissariat of Justice adopted the Guidelines on the Criminal Law of the RSFSR, from the text of which the norms of the special part of criminal law were generally excluded. It was assumed that the courts would consider cases on the basis of the norms of the general part of criminal law and be guided by “socialist legal consciousness” and the principle of expediency.