Law of the Soviet Union

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The Law of the Soviet Union was the law as it developed in the

People's Republic of China, the Warsaw Pact countries of eastern Europe, Cuba and Vietnam
.

Soviet concept of law

Soviet law was rooted in pre-revolutionary

supremacy of law and equality before the law were not well-known concepts, the tsar was still not bound by the law, and the "police had unlimited authority."[1]

Marxism-Leninism viewed law as a superstructure in the

bourgeois domination and a reflection of bourgeois values." Since law was a tool "to maintain class domination", in a classless society, law would inevitably disappear.[1]

Like all other government institutions, the judiciary was officially subordinated to the Supreme Soviet of the Soviet Union.

In 1917, the Soviet authorities formally repealed all Tsarist

profiteering could be interpreted as a counter-revolutionary activity punishable by death. Soviet authors claimed that a new socialist rule of law was created, protecting personal properties and civil liberties, and developing the basis of an international rule of law.[4]

The deportation of the 'Kulaks' in 1928–31 was carried out within the terms of Soviet Civil Code.[5] Some Soviet legal scholars even asserted that "criminal repression" may be applied in the absence of guilt.".[5][6]

The year 1960 saw a new edition the Soviet criminal code.[7] The new Criminal Code replaced the Soviet analogue of 1960.[7]

The 1960s reforms tried to improve the judicial system and the activities of the courts, the restoration and development of several democratic principles dismantling special conferences attached to the USSR Ministry of Internal Affairs and certain categories of state crimes.[8]

Constitutional law

Main article: Constitution of the Soviet Union

Court structure

Soviet criminal and civil cases involve trials that were "primarily[...]official investigation[s] of the truth of the claims and defenses presented".[9] Soviet law was very similar in this respect to civil law of European countries like France and Germany.[10]

Criminal cases

Criminal cases consisted of a preliminary examination before the

prosecution, "'general supervision' of legality", and reporting illegal administrative actions. The indictment that included the preliminary examination was considered the "official record" at trial.[10]

The trial court consisted of a professional judge with a 5-year term and two assessors (lay judges) from the population with a 2.5-year term. The proceedings were informal compared to criminal procedure in democratic countries based on the rule of law. The judges first questioned accused and witnesses, then the procurator and defense counsel to corroborate the evidence in the indictment. The accused and the victim could question each other or the witnesses. The accused was presumed innocent, though not in the common law sense.[clarification needed] The court decided by majority vote. The accused or the procurator could appeal decisions to a higher court consisting of three professional judges that reviewed the facts and the law. If the procurator appealed, the higher court could set aside the judgment and remand the case. Although the decision of the appeals court was "final", higher courts could review them as "supervision". Here, the accused or his/her counsel could submit briefs, but they could not appear in person.[10]

During the trial, the judges had the additional responsibility of educating the people, for example revealing and removing the causes and conditions that led to the crime. Judges kept legal technicalities to a minimum; the court's stated purpose was to find the truth, rather than to protect legal rights. Although most hearings were open to the public, hearings could also be held privately, if the

Soviet Government deemed it necessary.[10]

Civil court

Soviet civil court process did not entail a high degree of physical interference. There was no sudden arrest or detention during a preliminary investigation phase. The trial was conducted entirely by a counsel and, if need be, a stay was obtained.

Human rights

Main article: Human rights in the Soviet Union

According to the

freedoms to which all humans are entitled",[11] including the right to [life] and [liberty], freedom of expression, and equality before the law; and social, cultural and economic rights, including the right to participate in culture, the right to food, the right to work, and the right to education
.

The Soviet conception of human rights was very different from

socialist courts was "not to eliminate terror ... but to substantiate it and legitimize it in principle".[5]

The USSR and other countries of the

Soviet bloc had abstained from affirming the Universal Declaration of Human Rights (1948), saying it was "overly juridical" and potentially infringed on national sovereignty.[17]: 167–169  The Soviet Union later signed legally-binding human rights documents, such as the International Covenant on Civil and Political Rights in 1973 (and the 1966 International Covenant on Economic, Social and Cultural Rights), but they were neither widely known or accessible to people living under Communist rule, nor were they taken seriously by the Communist authorities.[18]: 117  Sergei Kovalev recalled "the famous article 125 of the Constitution which enumerated all basic civil and political rights" in the Soviet Union. But when he and other prisoners attempted to use this as a legal basis for their abuse complaints, their prosecutor's argument was that "the Constitution was written not for you, but for American Negroes, so that they know how happy the lives of Soviet citizens are".[19]

Crime was determined not as the infraction of law, but as any action which could threaten the Soviet state and society. For example,

Soviet Ukraine's secret police explained: "Do not look in the file of incriminating evidence to see whether or not the accused rose up against the Soviets with arms or words. Ask him instead to which class he belongs, what is his background, his education, his profession. These are the questions that will determine the fate of the accused. That is the meaning and essence of the Red Terror."[6]

The purpose of

party members, were required to take their client's guilt for granted..."[5]

See also

Theory and decrees
Organizations
Other

Notes

  1. ^
    JSTOR 1336434
    .
  2. ISBN 0-297-64688-5[page needed
    ]
  3. ISBN 0-679-76184-5
    ., pages 401–403.
  4. ISBN 0714707821
  5. ^
    ISBN 0-394-50242-6
    , pages 402–403
  6. ^
    ISBN 0-374-52738-5
    .
  7. ^ a b Butler, William E. (19 October 1999). Criminal Code of the Russian Federation (1st ed.). Springer.
  8. ISBN 9-028-60679-3
    , pages 179-222.
  9. S2CID 53476815
    .
  10. ^
    ISBN 978-0-02-918110-2
    .
  11. ^ Houghton Miffin Company (2006)
  12. ^ Lambelet, Doriane. "The Contradiction Between Soviet and American Human Rights Doctrine: Reconciliation Through Perestroika and Pragmatism." 7 Boston University International Law Journal. 1989. pp. 61–62.
  13. ISBN 978-0967533407
    .
  14. ISBN 0-297-64688-5
  15. ISBN 0-679-76184-5
    ., pages 401–403.
  16. ^ Wyszyński, Andrzej (1949). Teoria dowodów sądowych w prawie radzieckim (PDF). Biblioteka Zrzeszenia Prawników Demokratów. pp. 153, 162.
  17. ISBN 9780375760464.{{cite book}}: CS1 maint: location missing publisher (link
    )
  18. S2CID 57570614
    .
  19. ^ Oleg Pshenichnyi (2015-08-22). "Засчитать поражение". Grani.ru. Retrieved August 23, 2015.

Bibliography

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