fonte: http://www.uni-wuerzburg.de/law/r100000_.html
Soviet Union (Former~) - Constitution
{ Adopted on: 7 Oct 1977
}
{ ICL Document Status:
7 Oct 1977 }
Preamble
The Great October Socialist Revolution, made by the workers and peasants of Russia under the leadership of the Communist Party headed by Lenin, overthrew capitalist and landowner rule, broke the fetters of oppression, established the dictatorship of the proletariat, and created the Soviet state, a new type of state, the basic instrument for defending the gains of the revolution and for building socialism and communism. Humanity thereby began the epoch-making turn from capitalist to socialism.
After achieving victory in the Civil War and repulsing imperialist intervention, the Soviet government carried through far-reaching social and economic transformations, and put an end once and for all to exploitation of man by man, antagonisms between classes, and strive between nationalities. The unification of the Soviet Republics in the Union of Soviet Socialist Republics multiplied the forces and opportunities of the peoples of the country in the building of socialism. Social ownership of the means of production and genuine democracy for the working masses were established. For the first time in the history of mankind a socialist society was created.
The strength of socialism was vividly demonstrated by the immortal feat of the Soviet people and their Armed Forces in achieving their historic victory in the Great Patriotic War. This victory consolidated the influence and international standing of the Soviet Union and created new opportunities for growth of the forces of socialism, national liberation, democracy, and peace throughout the world.
Continuing their creative endeavors, the working people of the Soviet Union have ensured rapid, all-round development of the country and steady improvement of the socialist system. They have consolidated the alliance of the working class, collective-farm peasantry, and people's intelligentsia, and friendship of the nations and nationalities of the USSR. Socio-political and ideological unity of Soviet society, in which the working class is the leading force, has been achieved. The aims of the dictatorship of the proletariat having been fulfilled, the Soviet state has become a state of the whole people. The leading role of the Communist Party, the vanguard of all the people, has grown.
In the USSR a developed socialist
society has been built. At this stage, when socialism is developing on
its own foundations, the creative forces of the new system and the advantages
of the socialist way of life are becoming increasingly evident, and the
working people are more and more widely enjoying the fruits of their great
revolutionary gains.
It is a society in which
powerful productive forces and progressive science and culture have been
created, in which the well-being of the people is constantly rising, and
more and more favorable conditions are being provided for the all-round
development of the individual.
It is a society of mature
socialist social relations, in which, on the basis of the drawing together
of all classes and social strata and of the juridical and factual equality
of all its nations and nationalities and their fraternal cooperation, a
new historical community of people has been formed -- the Soviet people.
It is a society of high
organizational capacity, ideological commitment, and consciousness of the
working people, who are patriots and internationalists.
It is a society in which
the law of life is concern of all for the good of each and concern of each
for the good of all.
It is a society of true
democracy, the political system of which ensures effective management of
all public affairs, ever more active participation of the working people
in running the state, and the combining of citizen's real rights and freedoms
with their obligations and responsibility to society.
Developed socialist society is a natural, logical stage on the road to communism.
The supreme goal of the Soviet state is the building of a classless communist society in which there will be public, communist self-government. The main aims of the people's socialist state are: to lay the material and technical foundation of communism, to perfect socialist social relations and transform them into communist relations, to mould the citizen of communist society, to raise the people's living and cultural standards, to safeguard the country's security, and to further the consolidation of peace and development of international cooperation.
The Soviet people,
guided by the ideas of scientific
communism and true to their revolutionary traditions,
relying on the great social,
economic, and political gains of socialism,
striving for the further
development of socialist democracy,
taking into account the
international position of the USSR as part of the world system of socialism,
and conscious of their internationalist responsibility,
preserving continuity of
the ideas and principles of the first Soviet Constitution of 1918, the
1924 Constitution of the USSR and the 1936 Constitution of the USSR,
hereby affirm the principle
so the social structure and policy of the USSR, and define the rights,
freedoms and obligations of citizens, and the principles of the organization
of the socialist state of the whole people, and its aims, and proclaim
these in this Constitution.
Part I Principles of Social Structure and Policy
Article
1
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.
Article
2
(1) All power in the USSR
belongs to the people.
(2) The people exercise
state power through Soviets of People's Deputies, which constitute the
political foundation of the USSR.
(3) All other state bodies
are under the control of, and accountable to, the Soviets of People's Deputies.
Article
3
The Soviet state is organized
and functions on the principle of democratic centralism, namely the electiveness
of all bodies of state authority from the lowest to the highest, their
accountability to the people, and the obligation of lower bodies to observe
the decisions of higher ones. Democratic centralism combines central leadership
with local initiative and creative activity and with the responsibility
of the each state body and official for the work entrusted to them.
Article
4
(1) The Soviet state and
all its bodies function on the basis of socialist law, ensure the maintenance
of law and order, and safeguard the interests of society and the rights
and freedoms of citizens.
(2) State organizations,
public organizations and officials shall observe the Constitution of the
USSR and Soviet laws.
Article
5
Major matters of state shall
be submitted to nationwide discussion and put to a popular vote (referendum).
Article
6
(1) The leading and guiding
force of the Soviet society and the nucleus of its political system, of
all state organizations and public organizations, is the Communist Party
of the Soviet Union. The CPSU exists for the people and serves the people.
(2) The Communist Party,
armed with Marxism-Leninism, determines the general perspectives of the
development of society and the course of the home and foreign policy of
the USSR, directs the great constructive work of the Soviet people, and
imparts a planned, systematic and theoretically substantiated character
to their struggle for the victory of communism.
(3) All party organizations
shall function within the framework of the Constitution of the USSR.
Article
7
Trade unions, the All-Union
Leninist Young Communist League cooperatives, and other public organizations,
participate, in accordance with the aims laid down in their rules, in managing
state and public affairs, and in deciding political, economic, and social
an cultural matters.
Article
8
(1) Work collectives take
part in discussing and deciding state and public affairs, in planning production
and social development, in training and placing personnel, and in discussing
and deciding matters pertaining to the management of enterprises and institutions,
and the use of funds allocated both for developing production and for social
and cultural purposes and financial incentives.
(2) Work collectives promote
socialist emulation, the spread of progressive methods of work, and the
strengthening of production discipline, educate their members in the spirit
of communist morality, and strive to enhance their political consciousness
and raise their cultural level and skills and qualifications.
Article
9
The principal direction
in the development of the political system of Soviet society is the extension
of socialist democracy, namely ever broader participation of citizens in
managing the affairs of society and the state, continuous improvement of
the machinery of state, heightening of the activity of public organizations,
strengthening of the system of people's control, consolidation of the legal
foundations of the functioning of the state and of public life, greater
openness and publicity, and constant responsiveness to public opinion.
Article
10 [Socialist Ownership]
(1) The foundation of the
economic system of the USSR is socialist ownership of the means of production
in the form of state property, and collective cooperative property.
(2) Socialist ownership
also embraces the property of trade unions and other public organizations
which they require to carry out their purposes under these rules.
(3) The state protects socialist
property and provides conditions for its growth.
(4) No one has the right
to use socialist property for personal gain or other selfish ends.
Article
11 [State Property]
(1) State property, i.e.
the common property of the Soviet people, is the principal form of socialist
property.
(2) The land, its minerals,
waters, and forests are the exclusive property of the state. The state
owns the basic means of production in industry, construction, and agriculture;
means of transport and communication; the banks; the property of state-run
trade organizations and public utilities, and other state-run undertakings;
most urban housing; and other property necessary for state purposes.
Article
12 [Cooperative Property]
(1) The property of collective
farms and other cooperative organizations, and of their joint undertakings,
comprises the means of production and other assets which they require for
the purposes laid down in their rules.
(2) The land held by collective
farms is secured to them for their free use in perpetuity.
(3) The state promotes development
of collective cooperative property and its approximation to state property.
(4) Collective farms, like
other land users, are obliged to make effective and thrifty use of the
land and to increase its fertility.
Article
13 [Personal Property]
(1) Earned income forms
the basis of the personal property of Soviet citizens. The personal property
of citizens of the USSR may include articles of everyday use, personal
consumption and convenience, the implements and other objects of a small-holding,
a house, and earned savings. The personal property of citizens and the
right to inherit it are protected by the state.
(2) Citizens may be granted
the use of plots of land, in the manner prescribed by law, for a subsidiary
small-holding (including the keeping of livestock and poultry), for fruit
and vegetable growing or for building an individual dwelling. Citizens
are required to make rational use of the land allotted to them. The state,
and collective farms provide assistance to citizens in working their small-holdings.
(3) Property owned or used
by citizens shall not serve as a means of deriving unearned income or be
employed to the detriment of the interests of society.
Article
14
(1) The source of the growth
of social wealth and of the well-being of the people, and of each individual,
is the labor, free from exploitation, of Soviet people.
(2) The state exercises
control over the measure of labor and of consumption in accordance with
the principle of socialism: "From each according to his ability, to
each according to his work". It fixes the rate of taxation on taxable
income.
(3) Socially useful work
and its results determine a person's status in society. By combining material
and moral incentives and encouraging innovation and a creative attitude
to work, the state helps transform labor into the prime vital need of every
Soviet citizen.
Article
15
(1) The supreme goal of
social production under socialism is the fullest possible satisfaction
of the people's growing material, and cultural and intellectual requirements.
(2) Relying on the creative
initiative of the working people, socialist emulation, and scientific and
technological progress, and by improving the forms and methods of economic
management, the state ensures growth of the productivity of labor, raising
of the efficiency of production and of the quality of work, and dynamic,
planned, proportionate development of the economy.
Article
16
(1) The economy of the USSR
is an integral economic complex comprising all the elements of social production,
distribution, and exchange on its territory.
(2) The economy is managed
on the basis of state plans for economic and social development, with due
account of the sectoral and territorial principles, and by combining centralized
direction with the managerial independence and initiative of individual
and amalgamated enterprises and other organizations, for which active use
is made of management accounting, profit, cost, and other economic levers
and incentives.
Article
17
In the USSR, the law permits
individual labor in handicrafts, farming, the provision of services for
the public, and other forms of activity based exclusively on the personal
work of individual citizens and members of their families. The state makes
regulations for such work to ensure that it serves the interest of society.
Article
18
In the interests of the
present and future generations, the necessary steps are taken in the USSR
to protect and make scientific, rational use of the land and its mineral
and water resources, and the plant and animal kingdoms, to preserve the
purity of air and water, ensure reproduction of natural wealth, and improve
the human environment.
Chapter 3 Social Development, Culture
Article
19
(1) The social basis of
the USSR is the unbreakable alliance of the workers, peasants, and intelligentsia.
(2) The state helps enhance
the social homogeneity of society, namely the elimination of class differences
and of the essential distinctions between town and country and between
mental and physical labor, and the all-round development and drawing together
of all the nations and nationalities of the USSR.
Article
20
In accordance with the communist
ideal -- "The free development of each is the condition of the free
development of all" -- the state pursues the aim of giving citizens
more and more real opportunities to apply their creative energies, abilities,
and talents, and to develop their personalities in every way.
Article
21
The state concerns itself
with improving working conditions, safety and labor protection and the
scientific organization of work, and with reducing and ultimately eliminating
all arduous physical labor through comprehensive mechanization and automation
of production processes in all branches of the economy.
Article
22
A program is being consistently
implemented in the USSR to convert agricultural work into a variety of
industrial work, to extend the network of educational, cultural, and medical
institutions, and of trade, public catering, service and public utility
facilities in rural localities, and transform hamlets and villages into
well-planned and well-appointed settlements.
Article
23
(1) The state pursues a
steady policy of raising people's pay levels and real incomes through increase
in productivity.
(2) In order to satisfy
the needs of Soviet people more fully social consumption funds are created.
The state, with the broad participation of public organizations and work
collectives, ensures the growth and just distribution of these funds.
Article
24
(1) In the USSR, state systems
of health protection, social security, trade and public catering, communal
services and amenities, and public utilities, operate and are being extended.
(2) The state encourages
cooperatives and other public organizations to provide all types of services
for the population. It encourages the development of mass physical culture
and sport.
Article
25
In the USSR there is a uniform
system of public education, which is being constantly improved, that provides
general education and vocational training for citizens, serves the communist
education and intellectual and physical development of the youth, and trains
them for work and social activity.
Article
26
In accordance with society's
needs, the state provides for planned development of science and the training
of scientific personnel and organizes introduction of the results of research
in the economy and other spheres of life.
Article
27
(1) The state concerns itself
with protecting, augmenting and making extensive use of society's cultural
wealth for the moral and aesthetic education of the Soviet people, for
raising their cultural level.
(2) In the USSR development
of the professional, amateur and folk arts is encouraged in every way.
Article
28
(1) The USSR steadfastly
pursues a Leninist policy of peace and stands for strengthening of the
security of nations and broad international cooperation.
(2) The foreign policy of
the USSR is aimed at ensuring international conditions favorable for building
communism in the USSR, safeguarding the state interests of the Soviet Union,
consolidating the positions of world socialism, supporting the struggle
of peoples for national liberation and social progress, preventing wars
of aggression, achieving universal and complete disarmament, and consistently
implementing the principle of the peaceful coexistence of states with different
social systems.
(3) In the USSR war propaganda
is banned.
Article
29
The USSR's relations with
other states are based on observance of the following principles:
- sovereign equality;
- mutual renunciation of
the use or threat of force;
- inviolability of frontiers;
- territorial integrity
of states;
- peaceful settlement of
disputes;
- non-intervention in internal
affairs;
- respect for human rights
and fundamental freedoms;
- the equal rights of peoples
and their right to decide their own destiny;
- cooperation among states;
and
- fulfillment in good faith
of obligations arising from the generally recognized principles and rules
of international law, and from the international treaties signed by the
USSR.
Article
30
The USSR, as part of the
world system of socialism and of the socialist community, promotes and
strengthens friendship, cooperation, and comradely mutual assistance with
other socialist countries on the basis of the principle of socialist internationalism,
and takes an active part in socialist economic integration and the socialist
international division of labor.
Article
31
(1) Defence of the Socialist
Motherland is one of the most important functions of the state, and is
the concern of the whole people.
(2) In order to defend the
gains of socialism, the peaceful labor of the Soviet people, and the sovereignty
and territorial integrity of the state, the USSR maintains armed forces
and has instituted universal military service.
(3) The duty of the Armed
Forces of the USSR to the people is to provide reliable defence of the
socialist Motherland and to be in constant combat readiness, guaranteeing
that any aggressor is instantly repulsed.
Article
32
(1) The state ensures the
security and defence capability of the country, and supplies the Armed
Forces of the USSR with everything necessary for that purpose.
(2) The duties of state
bodies, public organizations, officials, and citizens in regard to safeguarding
the country's security and strengthening its defence capacity are defined
by the legislation of the USSR.
Chapter 6 Citizenship, Equality
Article
33 [Citizenship]
(1) Uniform federal citizenship
is established for the USSR. Every citizen of a Union Republic is a citizen
of the USSR.
(2) The grounds and procedure
for acquiring or forfeiting Soviet citizenship are defined by the Law on
Citizenship of the USSR.
(3) When abroad, citizens
of the USSR enjoy the protection and assistance of the Soviet state.
Article
34 [Equality]
(1) Citizens of the USSR
are equal before the law, without distinction of origin, social or property
status, race or nationality, sex, education, language, attitude to religion,
type and nature of occupation, domicile, or other status.
(2) The equal rights of
citizens of the USSR are guaranteed in all fields of economic, political,
social, and cultural life.
Article
35
(1) Women and men have equal
rights in the USSR.
(2) Exercise of these rights
is ensured by according women equal access with men to education and vocational
and professional training, equal opportunities in employment, remuneration,
and promotion, and in social and political, and cultural activity, and
by special labor and health protection measures for women; by providing
conditions enabling mothers to work; by legal protection, and material
and moral support for mothers and children, including paid leaves and other
benefits for expectant mothers and mothers, and gradual reduction of working
time for mothers with small children.
Article
36
(1) Citizens of the USSR
of different races and nationalities have equal rights.
(2) Exercise of these rights
is ensured by a policy of all-round development and drawing together of
all the nations and nationalities of the USSR, by educating citizens in
the spirit of Soviet patriotism and socialist internationalism, and by
the possibility to use their native language and the languages of other
peoples in the USSR.
(3) Any direct or indirect
limitation of the rights of citizens or establishment of direct or indirect
privileges on grounds of race or nationality, and any advocacy of racial
or national exclusiveness, hostility, or contempt, are punishable by law.
Article
37
(1) Citizens of other countries
and stateless persons in the USSR are guaranteed the rights and freedoms
provided by law, including the right to apply to a court and other state
bodies for the protection of their personal, property, family, and other
rights.
(2) Citizens of other countries
and stateless persons, when in the USSR, are obliged to respect the Constitution
of the USSR and observe Soviet laws.
Article
38
The USSR grants the right
of asylum to foreigners persecuted for defending the interests of the working
people and the cause of peace, or for participation in the revolutionary
and national-liberation movement, or for progressive social and political,
scientific, or other creative activity
Chapter 7 Basic Rights, Freedoms, Duties
Article
39 [Freedom]
(1) Citizens of the USSR
enjoy in full the social, economic, political and personal rights and freedoms
proclaimed and guaranteed by the Constitution of the USSR and by Soviet
laws. The socialist system ensures enlargement of the rights and freedoms
of citizens and continuous improvement of their living standards as social,
economic, and cultural development programs are fulfilled.
(2) Enjoyment by citizens
of their rights and freedoms must not be to the detriment of the interests
of society or the state, or infringe the rights of other citizens.
Article
40 [Work]
(1) Citizens of the USSR
have the right to work (that is, to guaranteed employment and pay in accordance
wit the quantity and quality of their work, and not below the state-established
minimum), including the right to choose their trade or profession, type
of job and work in accordance with their inclinations, abilities, training
and education, with due account of the needs of society.
(2) This right is ensured
by the socialist economic system, steady growth of the productive forces,
free vocational and professional training, improvement of skills, training
in new trades or professions, and development of the systems of vocational
guidance and job placement.
Article
41 [Rest]
(1) Citizens of the USSR
have the right to rest and leisure.
(2) This right is ensured
by the establishment of a working week not exceeding 41 hours, for workers
and other employees, a shorter working day in a number of trades and industries,
and shorter hours for night work; by the provision of paid annual holidays,
weekly days of rest, extension of the network of cultural, educational,
and health-building institutions, and the development on a mass scale of
sport, physical culture, and camping and tourism; by the provision of neighborhood
recreational facilities, and of other opportunities for rational use of
free time.
(3) The length of collective
farmers' working and leisure time is established by their collective farms.
Article
42 [Health]
(1) Citizens of the USSR
have the right to health protection.
(2) This right is ensured
by free, qualified medical care provided by state health institutions;
by extension of the network of therapeutic and health-building institutions;
by the development and improvement of safety and hygiene in industry; by
carrying out broad prophylactic measures; by measures to improve the environment;
by special care for the health of the rising generation, including prohibition
of child labor, excluding the work done by children as part of the school
curriculum; and by developing research to prevent and reduce the incidence
of disease and ensure citizens a long and active life.
Article
43 [Welfare]
(1) Citizens of the USSR
have the right to maintenance in old age, in sickness, and in the event
of complete or partial disability or loss of the breadwinner.
(2) The right is guaranteed
by social insurance of workers and other employees and collective farmers;
by allowances for temporary disability; by the provision by the state or
by collective farms of retirement pensions, disability pensions, and pensions
for loss of the breadwinner; by providing employment for the partially
disabled; by care for the elderly and the disabled; and by other forms
of social security.
Article
44 [Housing]
(1) Citizens of the USSR
have the rights to housing.
(2) This right is ensured
by the development and upkeep of state and socially-owned housing; by assistance
for cooperative and individual house building; by fair distribution, under
public control, of the housing that becomes available through fulfillment
of the program of building well-appointed dwellings, and by low rents and
low charges for utility services. Citizens of the USSR shall take good
care of the housing allocated to them.
Article
45 [Education]
(1) Citizens of the USSR
have the right to education.
(2) This right is ensured
by free provision of all forms of education, by the institution of universal,
compulsory secondary education, and broad development of vocational, specialized
secondary, and higher education, in which instruction is oriented toward
practical activity and production; by the development of extramural, correspondence
and evening courses, by the provision of state scholarships and grants
and privileges for students; by the free issue of school textbooks; by
the opportunity to attend a school where teaching is in the native language;
and by the provision of facilities for self-education.
Article
46 [Culture]
(1) Citizens of the USSR
have the right to enjoy cultural benefits.
(2) This rights is ensured
by broad access to the cultural treasures of their own land and of the
world that are preserved in state and other public collections; by the
development and fair distribution of cultural and educational institutions
throughout the country; by developing television and radio broadcasting
and the publishing of books, newspapers and periodicals, and by extending
the free library service; and by expanding cultural exchanges with other
countries.
Article
47 [Research]
(1) Citizens of the USSR,
in accordance with the aims of building communism, are guaranteed freedom
of scientific, technical, and artistic work. This freedom is ensured by
broadening scientific research, encouraging invention and innovation, and
developing literature and the arts. The state provides the necessary material
conditions for this and support for voluntary societies and unions of workers
in the arts, organizes introduction of inventions and innovations in production
and other spheres of activity.
(2) The rights of authors,
inventors and innovators are protected by the state.
Article
48 [Public Affairs]
(1) Citizens of the USSR
have the right to take part in the management and administration of state
and public affairs and in the discussion and adoption of laws and measures
of All-Union and local significance.
(2) This right is ensured
by the opportunity to vote and to be elected to Soviets of People's Deputies
and other elective state bodies, to take part in nationwide discussions
and referendums, in people's control, in the work of state bodies, public
organizations, and local community groups, and in meetings at places of
work or residence.
Article
49 [Proposals]
(1) Every citizen of the
USSR has the right to submit proposals to state bodies and public organizations
for improving their activity, and to criticize shortcomings in their work.
(2) Officials are obliged,
within established time-limits, to examine citizens' proposals and requests,
to reply to them, and to take appropriate action.
(3) Persecution for criticism
is prohibited. Persons guilty of such persecution shall be called to account.
Article
50 [Expression]
(1) In accordance with the
interests of the people and in order to strengthen and develop the socialist
system, citizens of the USSR are guaranteed freedom of speech, of the press,
and of assembly, meetings, street processions and demonstrations.
(2) Exercise of these political
freedoms is ensured by putting public buildings, streets, and squares at
the disposal of the working people and their organizations, by broad dissemination
of information, and by the opportunity to use the press, television, and
radio.
Article
51 [Association]
(1) In accordance with the
aims of building communism, citizens of the USSR have the right to associate
in public organizations that promote their political activity and initiative
and satisfaction of their various interests.
(2) Public organizations
are guaranteed conditions for successfully performing the functions defined
in their rules.
Article
52 [Religion]
(1) Citizens of the USSR
are guaranteed freedom of conscience, that is, the right to profess or
not to profess any religion, and to conduct religious worship or atheistic
propaganda. Incitement of hostility or hatred on religious grounds is prohibited.
(2) In the USSR, the church
is separated from the state, and the school from the church.
Article
53 [Family, Marriage]
(1) The family enjoys the
protection of the state.
(2) Marriage is based on
the free consent of the woman and the man; the spouses are completely equal
in their family relations.
(3) The state helps the
family by providing and developing a broad system of child-care institutions,
by organizing and improving communal services and public catering, by paying
grants on the birth of a child, by providing children's allowances and
benefits for large families, and other forms of family allowances and assistance.
Article
54 [Personal Freedom]
Citizens of the USSR are
guaranteed inviolability of the person. No one may be arrested except by
a court decision or on the warrant of a procurator.
Article
55 [Home]
Citizens of the USSR are
guaranteed inviolability of the home. No one may, without lawful grounds,
enter a home against the will of those residing in it.
Article
56 [Privacy]
The privacy of citizens,
and of their correspondence, telephone conversations, and telegraphic communications
is protected by law.
Article
57 [Legal Remedies]
(1) Respect for the individual
and protection of the rights and freedoms of citizens are the duty of all
state bodies, public organizations, and officials.
(2) Citizens of the USSR
have the right to protection by the courts against encroachments on their
honor and reputation, life and health, and personal freedom and property.
Article
58 [Complaint]
(1) Citizens of the USSR
have the right to lodge a complaint against the actions of officials, state
bodies and public bodies. Complaints shall be examined according to the
procedure and within the time-limit established by law.
(2) Actions by officials
that contravene the law or exceed their powers, and infringe the rights
of citizens, may be appealed against in a court in the manner prescribed
by law.
(3) Citizens of the USSR
have the right to compensation for damage resulting from unlawful actions
by state organizations and public organizations, or by officials in the
performance of their duties.
Article
59 [General]
(1) Citizens' exercise of
their rights and freedoms is inseparable from the performance of their
duties and obligations.
(2) Citizens of the USSR
are obliged to observe the Constitution of the USSR and Soviet laws, comply
with the standards of socialist conduct, and uphold the honor and dignity
of Soviet citizenship.
Article
60 [Duty to Work]
It is the duty of, and matter
of honor for, every able-bodied citizen of the USSR to work conscientiously
in his chosen, socially useful occupation, and strictly to observe labor
discipline. Evasion of socially useful work is incompatible with the principles
of socialist society.
Article
61 [Socialist Property]
(1) Citizens of the USSR
are obliged to preserve and protect socialist property. It is the duty
of a citizen of the USSR to combat misappropriation and squandering of
state and socially-owned property and to make thrifty use of the people's
wealth.
(2) Persons encroaching
in any way on socialist property shall be punished according to the law.
Article
62 [Interest of State]
(1) Citizens of the USSR
are obliged to safeguard the interests of the Soviet state, and to enhance
its power and prestige.
(2) Defence of the Socialist
Motherland is the sacred duty of every citizen of the USSR.
(3) Betrayal of the Motherland
is the gravest of crimes against the people.
Article
63 [Military Service]
Military service in the
ranks of the Armed Forces of the USSR is an honorable duty of Soviet citizens.
Article
64 [Peacekeeping Duty]
It is the duty of every
citizen of the USSR to respect the national dignity of other citizens,
and to strengthen friendship of the nations and nationalities of the multinational
Soviet state.
Article
65 [Social Behavior]
A citizen of the USSR is
obliged to respect the rights and lawful interests of other persons, to
be uncompromising toward anti-social behavior, and to help maintain public
order.
Article
66 [Childcare]
Citizens of the USSR are
obliged to concern themselves with the upbringing of children, to train
them for socially useful work, and to raise them as worthy members of socialist
society. Children are obliged to care for their parents and help them.
Article
67 [Protection of Nature]
Citizens of the USSR are
obliged to protect nature and conserve its riches.
Article
68 [Preservation of Culture]
Concern for the preservation
of historical monuments and other cultural values is a duty and obligation
of citizens of the USSR.
Article
69 [Internationalist Duties]
It is the internationalist
duty of citizens of the USSR to promote friendship and cooperation with
peoples of other lands and help maintain and strengthen world peace.
Article
70
(1) The Union of Soviet
Socialist Republics is an integral, federal, multinational state formed
on the principle of socialist federalism as a result of the free self-determination
of nations and the voluntary association of equal Soviet Socialist Republics.
(2) The USSR embodies the
state unity of the Soviet people and draws all its nations and nationalities
together for the purpose of jointly building communism.
Article
71
The Union of Soviet Socialist
Republics unites:
- the Russian Soviet Federative
Socialist Republic,
- the Ukrainian Soviet Socialist
Republic,
- the Byelorussian Soviet
Socialist Republic,
- the Uzbek Soviet Socialist
Republic,
- the Kazakh Soviet Socialist
Republic,
- the Georgian Soviet Socialist
Republic,
- the Azerbeijan Soviet
Socialist Republic,
- the Lithuanian Soviet
Socialist Republic,
- the Moldovian Soviet Socialist
Republic,
- the Latvian Soviet Socialist
Republic,
- the Kirghiz Soviet Socialist
Republic,
- the Tajik Soviet Socialist
Republic,
- the Armenian Soviet Socialist
Republic,
- the Turkmen Soviet Socialist
Republic, and
- the Estonian Soviet Socialist
Republic.
Article
72
Each Union Republic shall
retain the right freely to secede from the USSR.
Article
73
The jurisdiction of the
Union of Soviet Socialist Republics, as represented by its highest bodies
of state authority and administration, shall cover:
1. the admission of new
republics to the USSR; endorsement of the formation of new autonomous republics
and autonomous regions within Union Republics;
2. determination of the
state boundaries of the USSR and approval of changes in the boundaries
between Union Republics;
3. establishment of the
general principles for the organization and functioning of republican and
local bodies of state authority and administration;
4. the ensurance of uniformity
of legislative norms throughout the USSR and establishment of the fundamentals
of the legislation of the Union of Soviet Socialist Republics and Union
Republics;
5. pursuance of a uniform
social and economic policy; direction of the country's economy; determination
of the main lines of scientific and technological progress and the general
measures for rational exploitation and conservation of natural resources;
the drafting and approval of state plans for the economic and social development
of the USSR, and endorsement of reports on their fulfillment;
6. the drafting and approval
of the consolidated Budget of the USSR, and endorsement of the report on
its execution; management of a single monetary and credit system; determination
of the taxes and revenues forming the Budget of the USSR; and the formulation
of prices and wages policy;
7. direction of the sectors
of the economy, and of enterprises and amalgamations under Union jurisdiction,
and general direction of industries under Union-Republican jurisdiction;
8. issues of war and peace,
defence of the sovereignty of the USSR and safeguarding of its frontiers
and territory, and organization of defence; direction of the Armed Forces
of the USSR;
9. state security;
10. representation of the
USSR in international relations; the USSR's relations with other states
and with international organizations; establishment of the general procedure
for, and co-ordination of, the relations of Union Republics with other
states and with international organizations; foreign trade and other forms
of external economic activity on the basis of state monopoly;
11. control over observance
of the Constitution of the USSR, and ensurance of conformity of the Constitutions
of Union Republics to the Constitution of the USSR;
12. and settlement of other
matters of All-Union importance.
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
(1) The territory of the
Union of Soviet Socialist Republics is a single entity and comprises the
territories of the Union Republics.
(2) The sovereignty of the
USSR extends throughout its territory.
Article
76
(1) A Union Republic is
a sovereign Soviet socialist state that has united with other Soviet Republics
in the Union of Soviet Socialist Republics.
(2) Outside the spheres
listed in Article 73 of the Constitution of the USSR,
a Union Republic exercises independent authority on its territory.
(3) A Union Republic shall
have its own Constitution conforming to the Constitution of the USSR with
the specific features of the Republic being taken into account.
Article
77
(1) Union Republics take
part in decision-making in the Supreme Soviet of the USSR, the Presidium
of the Supreme Soviet of the USSR, the Government of the USSR, and other
bodies of the Union of Soviet Socialist Republics.
(2) A Union Republic shall
ensure comprehensive economic and social development on its territory,
facilitate exercise of the powers of the USSR on its territory, and implement
the decisions of the highest bodies of state authority and administration
of the USSR.
(3) In matters that come
within its jurisdiction, a Union Republic shall co-ordinate and control
the activity of enterprises, institutions, and organizations subordinate
to the Union.
Article
78
The territory of a Union
Republic may not be altered without its consent. The boundaries between
Union Republics may be altered by mutual agreement of the Republics concerned,
subject to ratification by the Union of Soviet Socialist Republics.
Article
79
A Union Republic shall determine
its division into territories, regions, areas, and districts, and decide
other matters relating to its administrative and territorial structure.
Article
80
A Union Republic has the
right to enter into relations with other states, conclude treaties with
them, exchange diplomatic and consular representatives, and take part in
the work of international organizations.
Article
81
The sovereign rights of
Union Republics shall be safeguarded by the USSR.
Chapter 10 Autonomous Republics
Article
82
(1) An Autonomous Republic
is a constituent part of a Union Republic.
(2) In spheres not within
the jurisdiction of the Union of Soviet Socialist Republics and the Union
Republic, an Autonomous Republic shall deal independently with matters
within its jurisdiction.
(3) An autonomous Republic
shall have its own Constitution conforming to the Constitutions of the
USSR and the Union Republic with the specific features of the Autonomous
Republic being taken into account.
Article
83
(1) An Autonomous Republic
takes part in decision-making through the highest bodies of state authority
and administration of the USSR and of the Union Republic respectively,
in matters that come within the jurisdiction of the USSR and the Union
Republic.
(2) An Autonomous Republic
shall ensure comprehensive economic and social development on its territory,
facilitate exercise of the powers of the USSR and the Union Republic on
its territory, and implement decisions of the highest bodies of state authority
and administration of the USSR and the Union Republic.
(3) In matters within its
jurisdiction, an Autonomous Republic shall co-ordinate and control the
activity of enterprises, institutions, and organizations subordinate to
the Union or the Union Republic.
Article
84
The territory of an Autonomous
Republic may not be altered without its consent.
Article
85
(1) The Russian Soviet Federative
Socialist Republic includes the Bashkir, Buryat, Daghestan, Kabardin-Balkar,
Kalmyk, Karelian, Komi, Mari, Mordovian, North Ossetian, Tatar, Tuva, Udmurt,
Chechen-Ingush, Chuvash, and Yakut Autonomous Soviet Socialist Republics.
(2) The Uzbek Soviet Socialist
Republic includes the Kara-Kalpak Autonomous Soviet Socialist Republic.
(3) The Georgian Soviet
Socialist Republic includes the Abkhasian and Adzhar Autonomous Soviet
Socialist Republics.
(4) The Azerbaijan Soviet
Socialist Republic include the Nakhichevan Autonomous Soviet Socialist
Republic.
Chapter 11 Autonomous Regions and Areas
Article
86
An Autonomous Region is
a constituent part of a Union Republic or Territory. The Law on an Autonomous
Region, upon submission by the Soviet of People's Deputies of the Autonomous
Region concerned, shall be adopted by the Supreme Soviet of the Union Republic.
Article
87
(1) The Russian Soviet Federative
Socialist Republic includes the Adygei, Gorno-Altai, Jewish, Karachai-Circassian,
and Khakass Autonomous Regions.
(2) The Georgian Soviet
Socialist Republic includes the South Ossetian Autonomous Region.
(3) The Azerbaijan Soviet
Socialist Republic include the Nagorno-Karabakh Autonomous Region.
(4) The Tajik Soviet Socialist
Republic includes the Gorno-Badakhshan Autonomous Region.
Article
88
An autonomous Area is a
constituent part of a Territory or Region. The Law on an Autonomous Area
shall be adopted by the Supreme Soviet of the Union Republic concerned.
Article
89
The Soviets of People's
Deputies, i.e. the Supreme Soviet of the USSR, the Supreme Soviets of Union
Republics, the Supreme Soviets of Autonomous Republics, the Soviets of
People's Deputies of Territories and Regions, the Soviets of People's Deputies
of Autonomous Regions and Autonomous Areas, and the Soviets of People's
Deputies of districts, cities, city districts, settlements and villages
shall constitute a single system of bodies of state authority.
Article
90
(1) The term of the Supreme
Soviet of the USSR, the Supreme Soviets of Union Republics, and the Supreme
Soviets of Autonomous Republics shall be five years.
(2) The term of local Soviets
of People's Deputies shall be two and a half years.
(3) Elections to Soviets
of People's Deputies shall be called not later than two months before the
expiry of the term of the Soviet concerned.
Article
91
(1) The most important matters
within the jurisdiction of the respective Soviets of People's Deputies
shall be considered and settled at their sessions.
(2) Soviets of People's
Deputies shall elect standing commissions and form executive-administrative,
and other bodies accountable to them.
Article
92
(1) Soviets of People's
Deputies shall form people's control bodies combining state control with
control by the working people at enterprises, collective farms, institutions,
and organizations.
(2) People's control bodies
shall check on the fulfillment of state plans and assignments, combat breaches
of state discipline, localist tendencies, narrow departmental attitudes,
mismanagement, extravagance and waste, red tape and bureaucracy, and help
improve the working of the state machinery.
Article
93
Soviets of People's Deputies
shall direct all sectors of state economic, and social and cultural development,
either directly or through bodies instituted by them, take decisions and
ensure their execution, and verify their implementation.
Article
94
Soviets of People's Deputies
shall function publicly on the basis of collective, free, constructive
discussion and decision-making, of systematic reporting back to them and
the people by their executive-administrative and other bodies, and of involving
citizens on a broad scale in their work.
Article
95
Deputies to all Soviets
shall be elected on the basis of universal, equal, and direct suffrage
by secret ballot.
Article
96
(1) Elections shall be universal:
all citizens of the USSR who have reached the age of 18 shall have the
right to vote and to be elected, with the exception of persons who have
been certified insane.
(2) To be eligible for election
to the Supreme Soviet of the USSR a citizen of the USSR must have reached
the age of 21.
Article
97
Elections shall be equal:
each citizen shall have one vote; all voters shall exercise the franchise
on an equal footing.
Article
98
Elections shall be direct:
deputies to all Soviets of People's Deputies shall be elected by direct
vote.
Article
99
Voting at elections shall
be secret: control over voters' exercise of the franchise is inadmissible.
Article
100
(1) The following shall
have the right to nominate candidates: branches and organizations of the
Communist Party of the Soviet Union, trade unions, and the All-Union Leninist
Young Communist League; cooperatives and other public organizations; work
collectives, and meetings of servicemen in their military units.
(2) Citizens of the USSR
and public organizations are guaranteed the right to free and all-round
discussion of the political and personal qualities and competence of candidates,
and the right to campaign for them at meetings, in the press, and on television
and radio.
(3) The expenses involved
in holding elections to Soviets of People's Deputies shall be met by the
state.
Article
101
(1) Deputies to Soviets
of People's Deputies shall be elected by constituencies.
(2) A citizen of the USSR
may not, as a rule, be elected to more than two Soviets of People's Deputies.
(3) Elections to the Soviets
shall be conducted by electoral commissions consisting of representatives,
and of meetings of servicemen in military units.
(4) The procedure for holding
elections to Soviets of People's Deputies shall be defined by the laws
of the USSR, and of Union and Autonomous Republics.
Article
102
(1) Electors give mandates
to their Deputies.
(2) The appropriate Soviets
of People's Deputies shall examine electors' mandates, take them into account
in drafting economic and social development plans and in drawing up the
budget, organize implementation of the mandates, and inform citizens about
it.
Article
103
(1) Deputies are the plenipotentiary
representatives of the people in the Soviets of People's Deputies.
(2) In the Soviets, Deputies
deal with matters relating to state, economic, and social and cultural
development, organize implementation of the decisions of the Soviets, and
exercise control over the work of state bodies, enterprises, institutions
and organizations.
(3) Deputies shall be guided
in their activities by the interests of the state, and shall take the needs
of their constituents into account and work to implement their electors'
mandates.
Article
104
(1) Deputies shall exercise
their powers without discontinuing their regular employment or duties.
(2) During sessions of the
Soviet, and so as to exercise their deputy's powers in other cases stipulated
by law, Deputies shall be released from their regular employment or duties,
with retention of their average earnings at their permanent place of work.
Article
105
(1) A Deputy has the right
to address inquiries to the appropriate state bodies and officials, who
are obliged to reply to them at a session of the Soviet.
(2) Deputies have the right
to approach any state or public body, enterprise, institution, or organization
on matters arising from their work as Deputies and to take part in considering
the questions raised by them. The heads of the state or public bodies,
enterprises, institutions or organizations concerned are obliged to receive
Deputies without delay and to consider their proposals within the time-limit
established by law.
Article
106
(1) Deputies shall be ensured
conditions for the unhampered and effective exercise of their rights and
duties.
(2) The immunity of Deputies,
and other guarantees of their activity as Deputies, are defined in the
Law on the Status of Deputies and other legislative acts of the USSR and
of Union and Autonomous Republics.
Article
107
(1) Deputies shall report
on their work and on that of the Soviet to their constituents, and to the
work collectives and public organizations that nominated them.
(2) Deputies who have not
justified the confidence of their constituents may be recalled at any time
by decision of a majority of the electors in accordance with the procedure
established by law.
Part V State Authority and Administration
Article
108 [Supreme Soviet]
(1) The highest body of
state authority of the USSR shall be the Supreme Soviet of the USSR.
(2) The Supreme Soviet of
the USSR is empowered to deal with all matters within the jurisdiction
of the Union of Soviet Socialist Republics, as defined by this Constitution.
(3) The adoption and amendment
of the Constitution of the USSR; admission of new Republics to the USSR;
endorsement of the formation of new Autonomous Republics and Autonomous
Regions; approval of the state plans for economic an social development,
of the Budget of the USSR, and of reports on their execution; and the institution
of bodies of the USSR accountable to it, are the exclusive prerogative
of the Supreme Soviet of the USSR.
(4) Laws of the USSR shall
be enacted by the Supreme Soviet of the USSR or by a nationwide vote (referendum)
held by decision of the Supreme Soviet of the USSR.
Article
109 [Two Chambers]
(1) The Supreme Soviet of
the USSR shall consist of two chambers: the Soviet of the Union and the
Soviet of Nationalities.
(2) The two chambers of
the Supreme Soviet of the USSR shall have equal rights.
Article
110 [Elections]
(1) The Soviet of the Union
and the Soviet of Nationalities shall have equal numbers of deputies.
(2) The Soviet of the Union
shall be elected by constituencies with equal populations.
(3) The Soviet of Nationalities
shall be elected on the basis of the following representation: 32 deputies
from each Union Republic, 11 deputies from each Autonomous Republic, five
deputies from each Autonomous Region, and one deputy from each Autonomous
Area.
(4) The Soviet of the Union
and the Soviet of Nationalities, upon submission by the credentials commissions
elected by them, shall decide on the validity of Deputies' credentials,
and, in cases in which the election law has been violated, shall declare
the election of the Deputies concerned null and void.
Article
111 [Chairmen]
(1) Each chamber of the
Supreme Soviet of the USSR shall elect a Chairman and four Vice-Chairmen.
(2) The Chairmen of the
Soviet of the Union and of the Soviet of Nationalities shall preside over
the sittings of the respective chambers and conduct their affairs.
(3) Joint sittings of the
chambers of the Supreme Soviet of the USSR shall be presided
over alternately
by the Chairman of the Soviet of the Union and the Chairman of the Soviet
of Nationalities.
Article
112 [Sessions]
(1) Sessions of the Supreme
Soviet of the USSR shall be convened twice a year.
(2) Special sessions shall
be convened by the Presidium of the Supreme Soviet of the USSR at its discretion
or on the proposal of a Union Republic, or of not less than one-third of
the Deputies of one of the chambers.
(3) A session of the Supreme
Soviet of the USSR shall consist of separate and joint sittings of the
chambers, and of meetings of the standing commissions of the chambers or
commissions of the Supreme Soviet of the USSR held between the sittings
of the chambers. A session may be opened and closed at either separate
or joint sittings of the chambers.
Article
113 [Initiative]
The right to initiate legislation
in the Supreme Soviet of the USSR is vested in the Soviet of the Union
and the Soviet of Nationalities, the Presidium of the Supreme Soviet of
the USSR, the Council of Ministers of the USSR, Union Republics through
their highest bodies of state authority, commissions of the Supreme Soviet
of the USSR and standing commissions of its chambers, Deputies of the Supreme
Soviet of the USSR, the Supreme Court of the USSR, and the Procurator-General
of the USSR.
(4) The right to initiate
legislation is also vested in public organizations through their All-Union
bodies.
Article
114 [Debate]
(1) Bills and other matters
submitted to the Supreme Soviet of the USSR shall be debated by its chambers
at separate or joint sittings. Where necessary, a bill or other matter
may be referred to one or more commissions for preliminary or additional
consideration.
(2) A law of the USSR shall
be deemed adopted when it has been passed in each chamber of the Supreme
Soviet of the USSR by a majority of the total number of its Deputies. Decisions
and other acts of the Supreme Soviet of the USSR are adopted by a majority
of the total number of Deputies of the Supreme Soviet of the USSR.
(3) Bills and other very
important matters of state may be submitted for nationwide discussion by
a decision of the Supreme Soviet of the USSR or its Presidium taken on
their own initiative or on the proposal of a Union Republic.
Article
115 [Concilitation Commission]
In the event of a disagreement
between the Soviet of the Union and the Soviet of Nationalities, the matter
at issue shall be referred for settlement to a conciliation commission
formed by the chambers on a parity basis, after which it shall e considered
for a second time by the Soviet of the Union and the Soviet of Nationalities
at a joint sitting. If agreement is again not reached, the matter shall
be postponed for debate at the next session of the Supreme Soviet of the
USSR or submitted by the Supreme Soviet to a nationwide vote (referendum)
Article
116 [Publication]
Laws of the USSR and decisions
and other acts of the Supreme Soviet of the USSR shall be published in
the languages of the Union Republics over the signatures of the Chairman
and Secretary of the Presidium of the Supreme Soviet of the USSR.
Article
117 [Inquiries]
Deputy of the Supreme Soviet
of the USSR has the right to address inquiries to the Council of Ministers
of the USSR, and to Ministers and the heads of other bodies formed by the
Supreme Soviet of the USSR. The Council of Ministers of the USSR, or the
official to whom the inquiry is addressed, is obliged to give a verbal
or written reply within three days at the given session of the Supreme
Soviet of the USSR.
Article
118 [Immunity]
A Deputy of the Supreme
Soviet of the USSR may not be prosecuted, or arrested, or incur a court-imposed
penalty, without the sanction of the Supreme Soviet of the USSR or, between
its sessions, of the Presidium of the Supreme Soviet of the USSR.
Article
119
The Supreme Soviet of the
USSR, at a joint sitting of its chambers, shall elect a Presidium of the
Supreme Soviet of the USSR, which shall be a standing body of the Supreme
Soviet of the USSR, accountable to it for all its work and exercising the
functions of the highest body of state authority of the USSR between sessions
of the Supreme Soviet, within the limits prescribed by the Constitution.
Article
120
The Presidium of the Supreme
Soviet of the USSR shall be elected from among the Deputies and shall consist
of a Chairman, First Vice-Chairman, 15 Vice-Chairmen (one from each Union
Republic), a Secretary, and 21 members.
Article
121
The Presidium of the Supreme
Soviet of the USSR shall:
1. name the date of elections
to the Supreme Soviet of the USSR;
2. convene sessions of the
Supreme Soviet of the USSR;
3. co-ordinate the work
of the standing commissions of the chambers of the Supreme Soviet of the
USSR;
4. ensure observance of
the Constitution of the USSR and conformity of the Constitutions and laws
of Union Republics to the Constitution and laws of the USSR;
5. interpret the laws of
the USSR;
6. ratify and denounce international
treaties of the USSR;
7. revoke decisions and
ordinances of the Council of Ministers of the USSR and of the Councils
of Ministers of Union Republics should they fail to conform to the law;
8. institute military and
diplomatic ranks and other special titles; and confer the highest military
and diplomatic ranks and other special titles;
9. institute orders and
medals of the USSR, and honorific titles of the USSR; award orders and
medals of the USSR; and confer honorific titles of the USSR.
10. grant citizenship of
the USSR, and rule on matters of the renunciation or deprivation of citizenship
of the USSR and of granting asylum;
11. issue All-Union acts
of amnesty and exercise the right of pardon;
12. appoint and recall diplomatic
representatives of the USSR to other countries and to international organizations;
13. receive the letters
of credence and recall of the diplomatic representatives of foreign states
accredited to it;
14. form the Council of
Defence of the USSR and confirm its composition; appoint and dismiss the
high command of the Armed Forces of the USSR;
15. proclaim martial law
in particular localities or throughout the country in the interests of
defence of the USSR;
16. order general or partial
mobilization;
17. between sessions of
the Supreme Soviet of the USSR, proclaim a state of war in the event of
an armed attack on the USSR, or when it is necessary to meet international
treaty obligations relating to mutual defence against aggression;
18. and exercise other powers
vested in it by the Constitution and laws of the USSR.
Article
122
The Presidium of the Supreme
Soviet of the USSR, between sessions of the Supreme Soviet of the USSR
and subject to submission for its confirmation at the next session, shall:
1. amend existing legislative
acts of the USSR when necessary;
2. approve changes in the
boundaries between Union Republics;
3. form and abolish Ministries
and State Committees of the USSR on the recommendation of the Council of
Ministers of the USSR;
4. relieve individual members
of the Council of Ministers of the USSR of their responsibilities and appoint
persons to the Council of Ministers on the recommendation of the Chairman
of the Council of Ministers of the USSR.
Article
123
The Presidium of the Supreme
Soviet of the USSR promulgates decrees and adopts decisions.
Article
124
(1) On expiry of the term
of the Supreme Soviet of the USSR, the Presidium of the Supreme Soviet
of the USSR shall retain its powers until the newly elected Supreme Soviet
of the USSR has elected a new Presidium.
(2) The newly elected Supreme
Soviet of the USSR shall be convened by the outgoing Presidium of the Supreme
Soviet of the USSR within two months of the elections.
Article
125
(1) The Soviet of the Union
and the Soviet of Nationalities shall elect standing commissions from among
the Deputies to make a preliminary review of matters coming within the
jurisdiction of the Supreme Soviet of the USSR, to promote execution of
the laws of the USSR and other acts of the Supreme Soviet of the USSR and
its Presidium, and to check on the work of state bodies and organizations.
The chambers of the Supreme Soviet of the USSR may also set up joint commissions
on a parity basis.
(2) When it deems necessary,
the Supreme Soviet of the USSR sets up commissions of inquiry and audit,
and commissions on any other matter.
(3) All state and public
bodies, organizations and officials are obliged to meet the requests of
the commissions of the Supreme Soviet of the USSR and of its chambers,
and submit the requisite materials and documents to them.
(4) The commissions' recommendations
shall be subject to consideration by state and public bodies, institutions
and organizations. The commissions shall be informed, within the prescribed
time-limit, of the results of such consideration or of the action taken.
Article
126
(1) The Supreme Soviet of
the USSR shall supervise the work of all state bodies accountable to it.
(2) The Supreme Soviet of
the USSR shall form a Committee of People's Control of the USSR to head
the system of people's control.
(3) The organization and
procedure of people's control bodies are defined by the Law on People's
Control in the USSR.
Article
127
The procedure of the Supreme
Soviet of the USSR and of its bodies shall be defined in the Rules and
Regulations of the Supreme Soviet of the USSR and other laws of the USSR
enacted on the basis of the Constitution of the USSR.
Chapter 16 Council of Ministers
Article
128
The Council of Ministers
of the USSR, i.e. the Government of the USSR, is the highest executive
and administrative body of state authority of the USSR.
Article
129
(1) The Council of Ministers
of the USSR shall be formed by the Supreme Soviet of the USSR at a joint
sitting of the Soviet of the Union and the Soviet of Nationalities, and
shall consist of the Chairman of the Council of Ministers of the USSR,
First Vice Chairmen and Vice-Chairmen, Ministers of the USSR, and Chairmen
of State Committees of the USSR.
(2) The Chairmen of the
Councils of Ministers of Union Republics shall be ex officio members
of the Council of Ministers of the USSR.
(3) The Supreme Soviet of
the USSR, on the recommendation of the Chairman of the Council of Ministers
of the USSR, may include in the Government of the USSR the heads of other
bodies and organizations of the USSR.
(4) The Council of Ministers
of the USSR shall tender its resignation to a newly elected Supreme Soviet
of the USSR at its first session.
Article
130
(1) The Council of Minister
of the USSR shall be responsible and accountable to the Supreme Soviet
of the USSR and, between sessions of the Supreme Soviet of the USSR, to
the Presidium of the Supreme Soviet of the USSR.
(2) The Council of Ministers
of the USSR shall report regularly on its work of the Supreme Soviet of
the USSR.
Article
131
(1) The Council of Ministers
of the USSR is empowered to deal with all matters of state administration
within the jurisdiction of the Union of Soviet Socialist Republics insofar
as, under the Constitution, they on not come within the competence of the
Supreme Soviet of the USSR or the Presidium of the Supreme Soviet of the
USSR.
(2) Within its powers the
Council of Ministers of the USSR shall:
1. ensure direction of economic,
social and cultural development; draft and implement measures to promote
the well-being and cultural development of the people, to develop science
and engineering, to ensure rational exploitation and conservation of natural
resources, to consolidate the monetary and credit system, to pursue a uniform
prices, wages, and social security policy, and to organize state insurance
and a uniform system of accounting and statistics; and organize the management
of industrial, constructional, and agricultural enterprises and amalgamations,
transport and communications undertakings, banks, and other organizations
and institutions of All-Union subordination;
2. draft current and long-term
state plans for the economic and social development of the USSR and the
Budget of the USSR, and submit them to the Supreme Soviet of the USSR;
take measures to execute the state plans and Budget; and report to the
Supreme Soviet of the USSR on the implementation of the plans and Budget;
3. implement measures to
defend the interests of the state, protect socialist property and maintain
public order, and guarantee and protect citizens' rights and freedoms;
4. take measures to ensure
state security;
5. exercise general direction
of the development of the Armed Forces of the USSR, and determine the annual
contingent of citizens to be called up for active military service;
6. provide general direction
in regard to relations with other states, foreign trade, and economic,
scientific, technical, and cultural cooperation of the USSR with other
countries; take measures to ensure fulfillment of the USSR's international
treaties; and ratify and denounce intergovernmental international agreements;
7. and when necessary, form
committees, central boards and other departments under the Council of Ministers
of the USSR to deal with matters of economic, social and cultural development,
and defence.
Article
132
A Presidium of the Council
of Ministers of the USSR, consisting of the Chairman, the First Vice-Chairmen,
and Vice-Chairmen of the Council of Ministers of the USSR, shall function
as a standing body of the Council of Ministers of the USSR to deal with
questions relating to guidance of the economy, and with other matters of
state administration.
Article
133
The Council of Ministers
of the USSR, on the basis of, and in pursuance of, the laws of the USSR
and other decision of the Supreme Soviet of the USSR and its Presidium,
shall issue decisions and ordinances and verify their execution. The decisions
and ordinances of the Council of Ministers of the USSR shall be binding
throughout the USSR.
Article
134
The Council of Ministers
of the USSR has the right, in matters within the jurisdiction of the Union
of Soviet Socialist Republics, to suspend execution of decisions and ordinances
of the Councils of Minister of Union Republics, and to rescind acts of
ministries and state committees of the USSR, and of the other bodies subordinate
to it.
Article
135
(1) The Council of Ministers
of the USSR shall co-ordinate and direct the work of All-Union and Union-Republican
ministries, state committees of the USSR, and other bodies subordinate
to it.
(2) All-Union ministries
and state committees of the USSR shall direct the work of the branches
of administration entrusted to them, or exercise inter-branch administration,
throughout the territory of the USSR directly or through bodies set up
by them.
(3) Union-Republican ministries
and state committees of the USSR direct the work of the branches of administration
entrusted to them, or exercise inter-branch administration, as a rule,
through the corresponding ministries and state committees, and other bodies
of Union Republics, and directly administer individual enterprises and
amalgamations of Union subordination. The procedure for transferring enterprises
and amalgamations from Republic or local subordination to Union subordination
shall be defined by the Presidium of the Supreme Soviet of the USSR.
(4) Ministries and state
committees of the USSR shall be responsible for the condition and development
of the spheres of administration entrusted to them; within their competence,
they issue orders and other acts on the basis of, and in execution of,
the laws of the USSR and other decisions of the Supreme Soviet of the USSR
and its Presidium, and of decisions and ordinances of the Council of Ministers
of the USSR, and organize and verify their implementation.
Article
136
The competence of the Council
of Ministers of the USSR and its Presidium, the procedure for their work,
relationships between the Council of Ministers and other state bodies,
and the list of All-Union and Union-Republican ministries and state committees
of the USSR are defined, on the basis of the Constitution, in the Law on
the Council of Minister of the USSR.
Part VI Structure of Administration
Chapter 17 Higher Bodies of State Authority
Article
137
(1) The highest body of
state authority of a Union Republic shall be the Supreme Soviet of that
Republic.
(2) The Supreme Soviet of
a Union Republic is empowered to deal with all matters within the jurisdiction
of the Republic under the Constitutions of the USSR and the Republic.
(3) Adoption and amendment
of the Constitution of a Union Republic; endorsement of state plans for
economic and social development, of the Republic's Budget, and of reports
on their fulfillment; and the formation of bodies accountable to the Supreme
Soviet of the Union Republic are the exclusive prerogative of that Supreme
Soviet.
(4) Laws of a Union Republic
shall be enacted by the Supreme Soviet of the Union Republic or by a popular
vote (referendum) held by decision of the Republic's Supreme Soviet.
Article
138
The Supreme Soviet of a
Union Republic shall elect a Presidium, which is a standing body of that
Supreme Soviet and accountable to it for all its work. The composition
and powers of the Presidium of the Supreme Soviet of a Union Republic shall
be defined in the Constitution of the Union Republic.
Article
139
(1) The Supreme Soviet of
a Union Republic shall form a Council of Ministers of the Union Republic,
i.e. the Government of that Republic, which shall be the highest executive
and administrative body of state authority in the Republic.
(2) The Council of Ministers
of a Union Republic shall be responsible and accountable to the Supreme
Soviet of that Republic or, between sessions of the Supreme Soviet, to
its Presidium.
Article
140
The Council of Ministers
of a Union Republic issues decisions and ordinances on the basis of, and
in pursuance of, the legislative acts of the USSR and of the Union Republic,
and of decisions and ordinances of the Council of Ministers of the USSR,
and shall organize and verify their execution.
Article
141
The Council of Ministers
of a Union Republic has the right to suspend the execution of decisions
and ordinances of the Councils of Ministers of Autonomous Republics, to
rescind the decisions and orders of the Executive Committees of Soviets
of People's Deputies of Territories, Regions, and cities (i.e. cities under
Republic jurisdiction) and of Autonomous Regions, and in Union Republics
not divided into regions, of the Executive Committees of district and corresponding
city Soviets of People's Deputies.
Article
142
(1) The Council of Ministers
of a Union Republic shall co-ordinate and direct the work of the Union-Republican
and Republican ministries and of state committees of the Union Republic,
and other bodies under its jurisdiction.
(2) The Union-Republican
ministries and state committees of a Union Republic shall direct the branches
of administration entrusted to them, or exercise inter-branch control and
shall be subordinate to both the Council of Ministers of the Union Republic
and the corresponding Union-Republican ministry or state committee of the
USSR.
(3) Republican ministries
and state committees shall direct the branches of administration entrusted
to them, or exercise inter-branch control, and shall be subordinate to
the Council of Ministers of the Union Republic.
Chapter 18 Higher Bodies of Autonomous Republics
Article
143
(1) The highest body of
state authority of an Autonomous Republic shall be the Supreme Soviet of
that Republic.
(2) Adoption and amendment
of the Constitution of an Autonomous Republic; endorsement of state plans
for economic and social development, and of the Republic's Budget; and
the formation of bodies accountable to the Supreme Soviet of the Autonomous
Republic are the exclusive prerogative of that Supreme Soviet.
(3) Laws of an Autonomous
Republic shall be enacted by the Supreme Soviet of the Autonomous Republic.
Article
144
The Supreme Soviet of an
Autonomous Republic shall elect a Presidium of the Supreme Soviet of the
Autonomous Republic and shall form a Council of Ministers of the Autonomous
Republic, i.e. the Government of that Republic.
Article
145
The bodies of state authority
in Territories, Regions, Autonomous Areas, districts, cities, city districts,
settlements, and rural communities shall be the corresponding Soviets of
People's Deputies.
Article
146
(1) Local Soviets of People's
Deputies shall deal with all matters of local significance in accordance
with the interest of the whole state and of the citizens residing in the
area under their jurisdiction, implement decisions of higher bodies of
state authority, guide the work of lower Soviets of People's Deputies,
take part in the discussion of matters of Republican and All-Union significance,
and submit their proposals concerning them.
(2) Local Soviets of People's
Deputies shall direct state, economic, social and cultural development
within their territory; endorse plans for economic and social development
an the local budget; exercise general guidance over state bodies, enterprises,
institutions and organizations subordinate to them; ensure observance of
the laws, maintenance of law and order; and protection of citizens' rights;
and help strengthen the country's defence capacity.
Article
147
Within their powers, local
Soviets of People's Deputies shall ensure the comprehensive, all-round
economic and social development of their area; exercise control over the
observance of legislation by enterprises, institutions and organizations
subordinate to higher authorities and located in their area; and co-ordinate
and supervise their activity as regards land use, nature conservation,
building, employment of manpower, production of consumer goods, and social,
cultural, communal and other services and amenities for the public.
Article
148. Local Soviets of People's Deputies shall decide
matters within the powers
accorded them by the legislation of the USSR and of the appropriate Union
Republic and Autonomous Republic. Their decisions shall be binding on all
enterprises, institutions, and organizations located in their area and
on officials and citizens.
Article
149
(1) The executive-administrative
bodies of local Soviets shall be the Executive Committees elected by them
from among their deputies.
(2) Executive Committees
shall report on their work at least once a year to the Soviets that elected
them and to meetings of citizens at their places of work or residence.
Article
150
Executive Committees of
local Soviets of People's Deputies shall be directly accountable both to
the Soviet that elected them and to the higher executive and administrative
body.
Chapter 20 Courts and Arbitration
Article
151
(1) In the USSR justice
is administered only by the courts.
(2) In the USSR there are
the following courts: the Supreme Court of the USSR, the Supreme Courts
of Union Republics, the Supreme Courts of Autonomous Republics, Territorial,
Regional, and city courts, courts of Autonomous Regions, courts of Autonomous
Areas, district (city) people's courts, and military tribunals in the Armed
Forces.
Article
152
(1) All courts in the USSR
shall be formed on the principle of the electiveness of judges and people's
assessors.
(2) People's judges of district
(city) people's courts shall be elected for a term of five years by the
citizens of the district (city) on the basis of universal, equal and direct
suffrage by secret ballot. People's assessors of district (city) people's
courts shall be elected for a term of two and a half years at meetings
of citizens at their places of work or residence by a show of hands.
(3) Higher courts shall
be elected for a term of five years by the corresponding Soviet of People's
Deputies.
(4) The judges of military
tribunals shall be elected for a term of five years by the Presidium of
the Supreme Soviet of the USSR and by people's assessors for a term of
two and a half years by meetings of servicemen.
(5) Judges and people's
assessors are responsible and accountable to their electors or the bodies
that elected them, shall report to them, and may be recalled by them in
the manner prescribed by law.
Article
153
(1) The Supreme Court of
the USSR is the highest judicial body in the USSR and supervises the administration
of justice by the courts of the USSR and Union Republics within the limits
established by law.
(2) The Supreme Court of
the USSR shall be elected by the Supreme Soviet of the USSR and shall consist
of a Chairman, Vice-Chairmen, members, and people's assessors. The Chairmen
of the Supreme Courts of Union Republics are ex officio members
of the Supreme Court of the USSR.
(3) The organization and
procedure of the Supreme Court of the USSR are defined in the Law on the
Supreme Court of the USSR.
Article
154
The hearing of civil and
criminal cases in all courts is collegial; in courts of first instance
cases are heard with the participation of people's assessors. In the administration
of justice people's assessors have all the rights of a judge.
Article
155
Judges and people's assessors
are independent and subject only to the law.
Article
156
Justice is administered
in the USSR on the principle of the equality of citizens before the law
and the court.
Article
157
Proceedings in all courts
shall be open to the public. Hearings in camera are only allowed
in cases provided for by law, with observance of all the rule of judicial
procedure.
Article
158
A defendant in a criminal
action is guaranteed the right to legal assistance.
Article
159
Judicial proceedings shall
be conducted in the language of the Union Republic, Autonomous Republic,
Autonomous Region, or Autonomous Area, or in the language spoken by the
majority of the people in the locality. Persons participating in court
proceedings, who do not know the language in which they are being conducted,
shall be ensured the right to become fully acquainted with the materials
in the case; the services of an interpreter during the proceedings; and
the right to address the court in their own language.
Article
160
No one may be adjudged guilty
of a crime and subjected to punishment as a criminal except by the sentence
of a court and in conformity with the law.
Article
161
(1) Colleges of advocates
are available to give legal assistance to citizens and organizations. In
cases provided for by legislation citizens shall be given legal assistance
free of charge.
(2) The organization and
procedure of the bar are determined by legislation of the USSR and Union
Republics.
Article
162
Representatives of public
organizations and of work collectives may take part in civil and criminal
proceedings.
Article
163
(1) Economic disputes between
enterprises, institutions, and organizations are settled by state arbitration
bodies within the limits of their jurisdiction.
(2) The organizations and
manner of functioning of state arbitration bodies are defined in the Law
on State Arbitration in the USSR.
Article
164
Supreme power of supervision
over the strict and uniform observance of laws by all ministries, state
committees and departments, enterprises, institutions and organizations,
executive-administrative bodies of local Soviets of People's Deputies,
collective farms, cooperatives and other public organizations, officials
and citizens is vested in the Procurator-General of the USSR and procurators
subordinate to him.
Article
165
The Procurator-General of
the USSR is appointed by the Supreme Soviet of the USSR and is responsible
and accountable to it and, between sessions of the Supreme Soviet, to the
Presidium of the Supreme Soviet of the USSR.
Article
166
The procurators of Union
Republics, Autonomous Republics, Territories, Regions and Autonomous Regions
are appointed by the Procurator-General of the USSR. The procurators of
Autonomous Areas and district and city procurators are appointed by the
Procurators of Union Republics, subject to confirmation by the Procurator-General
of the USSR.
Article
167
The term of office of the
Procurator-General of the USSR and all lower-ranking procurators shall
be five years.
Article
168
(1) The agencies of the
Procurator's Office exercise their powers independently of any local bodies
whatsoever, and are subordinate solely to the Procurator-General of the
USSR.
(2) The organization and
procedure of the agencies of the Procurator's Office are defined in the
Law on the Procurator's Office of the USSR.
Part VIII Emblem, Flag, Anthem, Capital
Article
169
The State Emblem of the
Union of Soviet Socialist Republics is a hammer and sickle on a globe depicted
in the rays of the sun and framed by ears of wheat, with the inscription
"Workers of All Countries, Unite!" in the languages of the Union
Republics. At the top of the Emblem is a five-pointed star.
Article
170
The State Flag of the Union
of Soviet Socialist Republics is a rectangle of red cloth with a hammer
and sickle depicted in gold in the upper corner next to the staff and with
a five-pointed red star edged in gold above them. The ratio of the width
of the flag to its length is 1:2
Article
171
The State Anthem of the
Union of Soviet Socialist Republics is confirmed by the Presidium of the
Supreme Soviet of the USSR.
Article
172
The Capital of the Union
of Soviet Socialist Republics is the city of Moscow.
Part IX Legal Force and Amendments
Article
173
The Constitution of the
USSR shall have supreme legal force. All laws and other acts of state bodies
shall be promulgated on the basis of and in conformity with it.
Article
174
The Constitution of the
USSR may be amended by a decision of the Supreme Soviet of the USSR adopted
by a majority of not less than two-thirds of the total number of Deputies
of each of its chambers.