Plan
Introduction
1 Acceptance of the contract
2 Changes to the contract
3 Termination of the contract
4 Reaction to termination of the contract
4.1 Position of the State Duma of Russia
Bibliography
Treaty on the Formation of the USSR
Introduction
The Treaty on the Formation of the USSR is a treaty on unification into one union state- “Union of Soviet Socialist Republics”, concluded in 1922 by the Russian Socialist Federative Soviet Republic, the Ukrainian Socialist Soviet Republic, the Belarusian Socialist Soviet Republic and the Transcaucasian Socialist Federative Soviet Republic.
1. Acceptance of the contract
The treaty was adopted on December 29, 1922 at a conference of delegations from the congresses of the Soviets of the four republics of the RSFSR, Ukrainian SSR, BSSR and ZSFSR. Approved on December 30, 1922 at the First Congress of Soviets of the Union of Soviet Socialist Republics. The last date is considered the date of formation of the USSR. The approval of the treaty legally formalized the creation of a new state consisting of four union Soviet republics. Subsequently, the agreement became an integral part of the first Soviet constitution.
The Russian Socialist Federative Soviet Republic (RSFSR), the Ukrainian Socialist Soviet Republic (USSR), the Belarusian Socialist Soviet Republic (BSSR) and the Transcaucasian Socialist Federative Soviet Republic (TSSFSR - Georgia, Azerbaijan and Armenia) conclude this Union Treaty on unification into one union state - "Union of Soviet Socialist Republics" - on the following grounds.
1. The following are subject to the jurisdiction of the Union of Soviet Socialist Republics, represented by its supreme bodies:
a) representation of the Union in international relations;
b) changing the external borders of the Union;
c) concluding agreements on the admission of new republics to the Union;
d) declaration of war and conclusion of peace;
e) conclusion of external government loans;
f) ratification of international treaties;
g) establishment of external and domestic trade;
h) establishing the foundations and general plan of everything National economy Union, as well as concluding concession agreements;
i) regulation of transport and postal and telegraph business;
j) establishing the basis for the organization of the armed forces of the Union of Soviet Socialist Republics;
k) approval of the unified state budget of the Union of Soviet Socialist Republics, establishment of a monetary, monetary and credit system, as well as a system of all-Union, republican and local taxes;
l) establishment of general principles of land management and land use, as well as the use of subsoil, forests and waters throughout the territory of the Union;
m) general union legislation on resettlement;
o) establishing the fundamentals of the judicial system and legal proceedings, as well as civil and criminal union legislation;
o) establishment of basic labor laws;
p) establishment of general principles of public education;
c) establishment of general measures in the field of public health protection;
r) establishment of a system of weights and measures;
s) organization of all-Union statistics;
t) basic legislation in the field of union citizenship in relation to the rights of foreigners;
x) the right of general amnesty;
v) repeal of resolutions of congresses of Soviets, Central Executive Committees and Councils of People's Commissars of the Union republics that violate the Union Treaty.
2. The supreme authority of the Union of Soviet Socialist Republics is the Congress of Soviets of the Union of Soviet Socialist Republics, and in the periods between congresses - the Central Executive Committee of the Union of Soviet Socialist Republics.
3. The Congress of Soviets of the Union of Soviet Socialist Republics is composed of representatives of city councils at the rate of 1 deputy per 25,000 voters and representatives of provincial congresses of councils at the rate of 1 deputy per 125,000 residents.
4. Delegates to the Congress of Soviets of the Union of Soviet Socialist Republics are elected at provincial congresses of Soviets.
5. Regular congresses of Soviets of the Union of Soviet Socialist Republics are convened by the Central Executive Committee of the Union of Soviet Socialist Republics once a year; extraordinary congresses are convened by the Central Executive Committee of the Union of Soviet Socialist Republics by its own decision or at the request of at least two union republics.
6. The Congress of Soviets of the Union of Soviet Socialist Republics elects a Central Executive Committee from representatives of the union republics in proportion to the population of each, with a total of 371 members.
7. Regular sessions of the Central Executive Committee of the Union of Soviet Socialist Republics are convened three times a year. Extraordinary sessions are convened by resolution of the Presidium of the Central Executive Committee of the Union or at the request of the Council of People's Commissars of the Union of Soviet Socialist Republics, as well as the Central Executive Committee of one of the union republics.
8. Congresses of Soviets and sessions of the Central Executive Committee of the Union of Soviet Socialist Republics are convened in the capitals of the union republics in the manner established by the Presidium of the Central Executive Committee of the Union of Soviet Socialist Republics.
9. The Central Executive Committee of the Union of Soviet Socialist Republics elects the Presidium, which is the highest authority of the Union in the periods between sessions of the Central Executive Committee of the Union.
10. The Presidium of the Central Executive Committee of the Union of Soviet Socialist Republics is elected consisting of 19 members, from whom the Central Executive Committee of the Union elects four chairmen of the Central Executive Committee of the Union, according to the number of union republics.
11. The executive body of the Central Executive Committee of the Union is the Council of People's Commissars of the Union of Soviet Socialist Republics (Sovnarkom of the Union), elected by the Central Executive Committee of the Union for the term of office of the latter, consisting of:
Chairman of the Council of People's Commissars of the Union,
Deputy Chairman, People's Commissar for Foreign Affairs, People's Commissar for Military and Naval Affairs, People's Commissar foreign trade, People's Commissar of Railways, People's Commissar of Posts and Telegraphs, People's Commissar of the Workers' and Peasants' Inspectorate, Chairman of the Supreme Council of the National Economy, People's Commissar of Labor, People's Commissar of Food, People's Commissar of Finance.
12. In order to establish revolutionary legality on the territory of the Union of Soviet Socialist Republics and unite the efforts of the union republics to combat counter-revolution, it is established under the Central Executive Committee of the Union of Soviet Socialist Republics Supreme Court, with the functions of supreme judicial control, and under the Council of People's Commissars of the Union - a joint body of the State Political Administration, the chairman of which is a member of the Council of People's Commissars of the Union with the right of advisory vote.
13. Decrees and resolutions of the Council of People's Commissars of the Union of Soviet Socialist Republics are mandatory for all union republics and are carried out directly throughout the territory of the Union.
14. Decrees and resolutions of the Central Executive Committee and the Council of People's Commissars of the Union are published in languages commonly used in the Union republics (Russian, Ukrainian, Belarusian, Georgian, Armenian, Turkic).
15. The Central Executive Committees of the Union Republics protest the decrees and resolutions of the Council of People's Commissars of the Union to the Presidium of the Central Executive Committee of the Union of Soviet Socialist Republics, without suspending their execution.
16. Resolutions and orders of the Council of People's Commissars of the Union of Soviet Socialist Republics can only be canceled by the Central Executive Committee of the Union of Soviet Socialist Republics and its Presidium; orders of individual People's Commissars of the Union of Soviet Socialist Republics can be canceled by the Central Executive Committee of the Union of Socialist Republics, its Presidium and the Council of People's Commissars of the Union.
17. Orders of the People's Commissars of the Union of Soviet Socialist Republics can be suspended by the central executive committees or presidiums of the central executive committees of the Union republics only in exceptional cases, if this order is clearly inconsistent with the decisions of the Council of People's Commissars or the Central Executive Committee of the Union of Soviet Socialist Republics. The Central Executive Committee or the Presidium of the Central Executive Committee of the Union Republics immediately informs the Council of People's Commissars of the Union of Soviet Socialist Republics and the relevant People's Commissar of the Union of Soviet Socialist Republics about the suspension of the order.
18. The Council of People's Commissars of the Union Republics includes: Chairman of the Council of People's Commissars, Deputy Chairmen, Chairman of the Supreme Council of the National Economy, People's Commissar of Agriculture, People's Commissar of Food, People's Commissar of Finance, People's Commissar of Labor, People's Commissar of Internal Affairs, People's Commissar of Justice, People's Commissar of the Workers' and Peasants' Inspectorate, People's Commissar for Education, People's Commissar of Health, People's Commissar for Social Security, People's Commissar for National Affairs, as well as, with an advisory vote, representatives of the People's Commissariat of the Union: for foreign affairs, for military and naval affairs, for foreign trade , communications and post and telegraph offices.
19. Supreme Council The National Economy and People's Commissariats: Food, Finance, Labor and Workers' and Peasants' Inspections of the Union Republics, directly reporting to the Central Executive Committees and Councils of People's Commissars of the Union Republics, are guided in their activities by the orders of the corresponding People's Commissars of the Union of Soviet Socialist Republics.
20. The republics that are part of the Union have their own budgets, which are components the all-Union budget approved by the Central Executive Committee of the Union. The budgets of the republics in their revenue and expenditure parts are established by the Central Executive Committee of the Union. The list of incomes and the amount of revenue deductions going to the formation of the budgets of the Union republics are determined by the Central Executive Committee of the Union.
21. For citizens of the union republics, a single union citizenship is established.
22. The Union of Soviet Socialist Republics has its own flag, coat of arms and state seal.
23. The capital of the Union of Soviet Socialist Republics is the city of Moscow.
24. The Union republics make changes to their constitutions in accordance with this Treaty.
25. Approval, amendment and addition of the Union Treaty are subject to the exclusive jurisdiction of the Congress of Soviets of the Union of Soviet Socialist Republics.
26. Each of the union republics retains the right to freely secede from the Union.
2. Changes to the contract
3. Termination of the contract
The Supreme Council of the Republic of Belarus, chaired by S.S. Shushkevich, decided on December 10, 1991 to denounce the 1922 Treaty on the Formation of the USSR and consider it ineffective in relation to the Republic of Belarus.
Also, the treaty was denounced by Resolution of the Supreme Council of the RSFSR dated December 12, 1991 No. 2015-1 “On the denunciation of the treaty on the formation of the USSR” in accordance with paragraph 15 of Article 109 of the Constitution of the RSFSR. But the highest authority state power- The Congress of People's Deputies of the RSFSR did not approve this resolution, although clause 25 of the agreement stated:
The approval, amendment and addition of the Union Treaty are subject to the exclusive jurisdiction of the Congress of Soviets of the Union of Soviet Socialist Republics.
This gave reason to believe that the contract was terminated with violations.
4. Reaction to termination of the contract
Position of the State Duma of Russia
March 15, 1996 State Duma of the Federal Assembly Russian Federation, relying “on the will of the majority of the country’s population, expressed at the USSR referendum on March 17, 1991,” recognized as invalid the resolution of the Supreme Council of the RSFSR of December 12, 1991 “On the denunciation of the Treaty on the Formation of the USSR” in its resolution “On deepening the integration of peoples united in Union of the USSR, and the abolition of the Resolution of the Supreme Council of the RSFSR of December 12, 1991 “On the denunciation of the Treaty on the Formation of the USSR.”
In the resolution “On the appeal of the State Duma of the Federal Assembly of the Russian Federation “To the members of the Federation Council of the Federal Assembly of the Russian Federation”” dated April 10, State Duma deputies expressed their position in relation to the resolution of the Supreme Council of the RSFSR “On the denunciation of the Treaty on the Formation of the USSR” as illegal, an anti-constitutional act adopted in flagrant violation of the Constitution of the RSFSR, norms international law and the legislation in force at that time, since “The Treaty on the Formation of the USSR of 1922, which the Supreme Council of the RSFSR “denounced” on December 12, 1991, did not exist as an independent legal document. The original version of this Treaty was subjected to radical revision and, in a revised form, was included in the 1924 Constitution of the USSR. In 1936, a new Constitution of the USSR was adopted, with the entry into force of which the Constitution of the USSR of 1924, including the Treaty on the Formation of the USSR of 1922, ceased to be in force.”
However, at the same time, the State Duma of Russia recognized on April 15, 1996 that this resolution is not legal, but “primarily political in nature, it assesses the situation that developed after the collapse of the Soviet Union, responding to the aspirations and hopes of the fraternal peoples, their desire to live in a single democratic rule of law." Later, she reaffirmed that her resolution only “reflects the civil and political position of the deputies and does not affect the stability of the legal system of the Russian Federation and the international obligations of the Russian Federation.”
Bibliography:
1. Resolution of the Supreme Council of the Republic of Belarus dated December 10, 1991 No. 1297-ХП “On the denunciation of the 1922 Treaty on the formation of the Union of Soviet Socialist Republics” // Gazette of the Supreme Council of the Republic of Belarus. - 1992. - No. 1.
2. Resolution of the Supreme Council of the RSFSR of December 12, 1991 “On the denunciation of the Treaty on the Formation of the USSR” // Gazette of the Council of People's Congresses of the RSFSR and the Supreme Council of the RSFSR. - 1991. - No. 51. - art. 1799.
3. Resolution of the State Duma of the Federal Assembly of the Russian Federation dated March 15, 1996 No. 156-II State Duma “On deepening the integration of the peoples united in the USSR and the repeal of the Resolution of the Supreme Council of the RSFSR dated December 12, 1991 “On the denunciation of the Treaty on the Formation of the USSR”” // Russian newspaper. - No. 54. - March 21, 1996.
4. Resolution of the State Duma of the Federal Assembly of the Russian Federation dated April 10, 1996 No. 225-II State Duma “On the Address of the State Duma of the Federal Assembly of the Russian Federation “To the Members of the Federation Council of the Federal Assembly of the Russian Federation”” // Collection of Legislation of the Russian Federation. - 1996. - No. 16. - art. 1800. - April 15, 1996.
5. Resolution of the State Duma of the Federal Assembly of the Russian Federation dated April 10, 1996 No. 226-II State Duma “On the stability of the legal system of the Russian Federation” // Collection of legislation of the Russian Federation. - 1996. - No. 16. - art. 1801. - April 15, 1996.
During December 1922, the Congresses of Soviets of Belarus, Ukraine and the Trans-SFSR adopted resolutions on the formation of the USSR and elected delegations to the First All-Union Congress of Soviets.
The X All-Russian Congress of Soviets met on December 23, 1922. It was attended by over two thousand delegates with casting and advisory votes.
J.V. Stalin made a report on the formation of the USSR. He announced a draft resolution approved by the Presidium of the All-Russian Central Executive Committee and including those provisions that were adopted by the congresses of other republics: voluntariness and equality of republics with each of them retaining the right to freely secede from the Union.
On December 27, 1922, the X All-Russian Congress of Soviets adopted the resolution on the formation of the USSR proposed by the Presidium of the All-Russian Central Executive Committee. The congress ended with the excited words of M.I. Kalinin, met with prolonged applause: “I see the red banner with the five sacred letters of the RSFSR fluttering above us. And we, the delegates of the Tenth Congress of Soviets, plenipotentiary representatives of the entire Soviet Russian Federation, bow this dear, the banner of the Union of Soviet Republics, covered with battles and victories, strengthened by the sacrifices of workers and peasants. We see how the new red banner of the Union of Soviet Republics is already rising. I see, comrades, the banner of this banner in the hands of Comrade Lenin.
That's all preparatory work the formation of the Union was completed. The last word remained with the First All-Union Congress of Soviets.
Adoption of the Declaration and Treaty on the Formation of the USSR
On December 29, 1922, a conference of representatives of the plenipotentiary delegations of the Russian Federation, Ukraine, Belarus and the Transcaucasian Federation met in Moscow. They discussed and approved the draft Declaration and Treaty on the Formation of the USSR, as well as the procedure for the work of the First All-Union Congress of Soviets.
On December 30, 1922, the First All-Union Congress of Soviets opened. More than two thousand delegates took part in the congress.
The congress was opened by the oldest delegate, member of the Presidium of the All-Russian Central Executive Committee Pyotr Germogenovich Smidovich, participant of three Russian revolutions, party member since 1898
V.I. Lenin, who was not present at the congress due to illness, was elected its honorary chairman. M.I. Kalinin became the working chairman of the congress. He gave the floor to J.V. Stalin for a report on the formation of the USSR, who announced the Declaration and Treaty on the Formation of the USSR, approved the day before by the delegations of the four merging republics.
Then the floor was given to M.V. Frunze, who proposed to take the Declaration and Treaty as a basis, instructing the Central Executive Committee of the USSR to transfer these documents for additional discussion to the Central Executive Committee of the union republics, in order to, taking into account their amendments and proposals, develop the final text of the basic law of the union state and submit it for approval by the Second All-Union Congress of Soviets.
The proposal was accepted.
The Declaration listed three reasons for the creation USSR– economic, military and ideological: “Ravaged fields, stopped factories, destroyed productive forces and exhausted economic resources, inherited from the war, make the individual efforts of individual republics in economic construction insufficient. Restoring the national economy turned out to be impossible with the separate existence of the republics.
On the other hand, the instability of the international situation and the danger of new attacks make the creation of a united front of the Soviet republics inevitable in the face of capitalist encirclement.
Finally, the very structure of Soviet power, international in its class nature, pushes the working masses of the Soviet republics onto the path of unification into one socialist family.
All these circumstances imperatively require the unification of the Soviet republics into one union state capable of ensuring external security, internal economic prosperity, and freedom of national development of peoples."
It said: "...that this Union is a voluntary association of equal peoples, that each republic is guaranteed the right to freely secede from the Union, that access to the Union is open to all socialist Soviet republics, both existing and those that may arise in the future. A new union state will appear . a new decisive step towards the unification of the working people into the World Socialist Soviet Republic."
The Treaty on the Formation of the USSR emphasized that the independent Soviet republics of the RSFSR, ZSFSR, Ukrainian SSR and BSSR voluntarily and on an equal basis entered into state union and transfer a number of their powers to the supreme bodies of central government. The agreement determined the sphere of authority of the Union of Soviet Socialist Republics and provided for the formation of all-Union bodies of state power. The People's Commissariats for Foreign Affairs, Foreign Trade, Military and Naval Affairs, Communications, Postal and Telegraph now became all-Union. And the commissariats of finance, national economy, food, labor and workers' and peasants' inspection were created as union-republican ones. The commissariats of agriculture, education, health care, social security, internal affairs, justice remained republican, i.e. those that are directly related to the peculiarities of life, customs, specific forms of land management and legal proceedings, the language and culture of peoples.
The final 26th article stated that “each of the union republics retains the right to freely secede from the Union.” At the same time, the Treaty did not contain any indication of the duration of its existence or the possibility of cancellation.
Then the congress elected the supreme body of the USSR - the Central Executive Committee of the USSR, which included 371 deputies from all the uniting republics. M.I. Kalinin, G.I. Petrovsky, A.G. Chervyakov and N.N. Narimanov were elected chairmen of the Central Election Commission.
Development and adoption of the USSR Constitution.
The final legal formalization of the formation of the USSR ended with the adoption of the Constitution of the Union of Soviet Socialist Republics - the first Constitution of the union state.
On April 27, 1923, the Presidium of the Central Executive Committee of the USSR of the first convocation formed a Constitutional Commission consisting of representatives of all union republics to complete the preparation of a consolidated draft of the Constitution of the USSR.
On July 6, 1923, the second session of the USSR Central Executive Committee decided to approve and immediately put into effect the Constitution of the USSR, and submit its text for final approval by the Second Congress of Soviets of the USSR.
The session of the USSR Central Executive Committee elected the first Soviet government - the Council of People's Commissars, headed by V.I. Lenin.
On January 31, 1924, the Constitution of the USSR was unanimously approved by the Second All-Union Congress of Soviets.
The Constitution consisted of two sections: the Declaration on the Formation of the USSR and the Treaty on the Formation of the USSR. It regulated in more detail the system of state bodies, the subjects of jurisdiction of the authorities and administration of the USSR and the union republics. The treaty consisted of 72 articles and was divided into 11 chapters:
1. On the subjects of jurisdiction of the supreme power of the USSR
Structure of the 1924 Constitution
Adoption history
USSR based on the Constitution of 1924
Education USSR
Education of the USSR. State structure of the USSR on the basis of the Constitution of 1924
In 1917-1918 Russian empire fell apart. Poland, Finland, Ukraine, etc. left it. Russia began to be called the RSFSR. However, during civil war reverse processes began - the Bolsheviks of the national outskirts began to unite with the Russians to fight their enemies. After the civil war, a conciliation commission was created to eliminate contradictions between the center and the outskirts during the formation of a unified state.
The head of the commission, I.V. Stalin, proposed to include the national outskirts in the RSFSR with the rights of autonomy, Lenin - to unite them on equal terms in a union with the RSFSR with the right to secede from the union. This project was accepted as a basis. On December 30, 1922, at the All-Union Congress of Soviets, a decision was made to conclude a union treaty and create the USSR. It included the RSFSR, Ukraine, Belarus and the Transcaucasian Soviet Federative Socialist Republic (TSFSR), which united Georgia, Armenia, and Azerbaijan. In 1924, Turkmenistan and Uzbekistan joined the USSR (Tajikistan was then part of it). Kazakhstan and Kyrgyzstan were part of the RSFSR. As a union republic, Tajikistan became part of the USSR in 1929, Kazakhstan and Kyrgyzstan - 1936, Estonia, Lithuania and Latvia - 1940. In 1936, the Trans-SFSR was divided into union republics - Georgia, Armenia and Azerbaijan.
On January 31, 1924, the first constitution of the USSR was adopted. The highest bodies of power are the Congress of Soviets, and in the intervals between congresses - the Central Executive Committee of the USSR. The territory of the republics could not be changed without their consent. In fact, these rights were conditional - the republics were headed by local communist parties, strictly subordinate to the Central Committee of the All-Union Communist Party of Bolsheviks located in Moscow. The republics could not leave the USSR - there was no legal procedure for exit.
In December 1922, the First Congress of Soviets of the USSR approved the Declaration and Treaty on the Formation of the USSR. The treaty was signed by four republics: Russia, Ukraine, Belarus and the Transcaucasian Soviet Federative Socialist Republic (which included Georgia, Armenia, Azerbaijan
). Each of the republics already had its own constitution. The congress decided to develop an all-Union constitution. On January 10, 1923, the Presidium of the Central Executive Committee of the USSR formed 6 commissions to prepare the future Constitution:
commission to create regulations on the Council of People's Commissars, STO and People's Commissariats of the USSR
budget commission
commission to develop regulations on the Supreme Court of the USSR and the OGPU
commission for approval of the state flag and emblem of the USSR
commission to develop regulations on the Central Executive Committee of the USSR and its members
commission on the personnel of people's commissariats and collegiums.
On June 26-27, the draft Constitution was discussed, supplemented and approved by the Plenum of the Central Committee of the RCP (b). On July 6, the 2nd session of the USSR Central Executive Committee approved the draft Constitution of the USSR and adopted a resolution “On the entry into force of the Constitution of the Union of Soviet Socialist Republics.” January 31, 1924. The Constitution was unanimously adopted by the Second Congress of Soviets.
The Constitution of the USSR consisted of two sections:
Declaration on the Formation of the USSR
Treaty on the formation of the USSR.
The declaration formulated the principles of unification (voluntariness and equality), the special character national policy Soviet state. She did not just declare the creation of the Union. She gave him a goal, being permeated with the aspirations of world revolution that reigned at that time.
Quotes from the Declaration:
“Since the formation of the Soviet republics, the states of the world have split into two camps: the camp of capitalism and the camp of socialism.”
“access to the Union is open to all socialist Soviet republics, both existing and those that will arise in the future”
“the new union state ... will serve as a true bulwark against world capitalism and a new decisive step towards uniting the working people of all countries into the World Socialist Soviet Republic.”
Consisted of union republics (in different years from 4 to 16), which according to the Constitution were sovereign states; Each union republic retained the right to freely secede from the Union. The Union Republic had the right to enter into relations with foreign countries, conclude agreements with them and exchange diplomatic and consular representatives, participate in activities international organizations. Among the 50 founding countries of the UN, along with the USSR, there were also two of its union republics: the BSSR and the Ukrainian SSR.
Some of the republics included autonomous Soviet socialist republics (ASSR), territories, regions, autonomous regions (AO) and autonomous (until 1977 - national) okrugs.
After World War II, the USSR, along with the USA, was a superpower. The Soviet Union dominated the world socialist system and was also a permanent member of the UN Security Council.
The collapse of the USSR was characterized by an acute confrontation between representatives of the central union government and the newly elected local authorities (Supreme Councils, presidents of the union republics). In 1989-1990, all republican councils adopted declarations of state sovereignty, some of them - declarations of independence. On March 17, 1991, an All-Union referendum on the preservation of the USSR was held in 9 of the 15 republics of the USSR, in which two-thirds of citizens spoke in favor of preserving the renewed union. But the central authorities failed to stabilize the situation. The failed coup d'etat of the State Emergency Committee was followed by the official recognition of the independence of the Baltic republics. After the All-Ukrainian referendum on independence, where the majority of the population spoke in favor of the independence of Ukraine, the preservation of the USSR as public education became virtually impossible, as stated in Agreement establishing the Commonwealth Independent States , signed on December 8, 1991 by the heads of three union republics - Yeltsin from the RSFSR (Russian Federation), Kravchuk from Ukraine (Ukrainian SSR) and Shushkevich from the Republic of Belarus (BSSR). The USSR officially ceased to exist on December 26, 1991. At the end of 1991, the Russian Federation was recognized as a successor state of the USSR in international legal relations and took its place in the UN Security Council.
Declaration of the USSR On January 31, 1924, the first constitution of the USSR was adopted. The highest bodies of power are the Congress of Soviets, and in the intervals between congresses - the Central Executive Committee of the USSR. The territory of the republics could not be changed without their consent. In fact, these rights were conditional - the republics were headed by local communist parties, strictly subordinate to the Central Committee of the All-Union Communist Party of Bolsheviks, located in Moscow. The republics could not leave the USSR - there was no legal procedure for exit.
In December 1922, the First Congress of Soviets of the USSR approved the Declaration and Treaty on the Formation of the USSR. The treaty was signed by four republics: Russia, Ukraine, Belarus and the Transcaucasian Soviet Federative Socialist Republic (which included Georgia, Armenia, Azerbaijan
). Each of the republics already had its own constitution. The congress decided to develop an all-Union constitution. On January 10, 1923, the Presidium of the Central Executive Committee of the USSR formed 6 commissions to prepare the future Constitution:
commission to create regulations on the Council of People's Commissars, STO and People's Commissariats of the USSR
budget commission
commission to develop regulations on the Supreme Court of the USSR and the OGPU
commission for approval of the state flag and emblem of the USSR
commission to develop regulations on the Central Executive Committee of the USSR and its members
commission on the personnel of people's commissariats and collegiums.
On June 26-27, the draft Constitution was discussed, supplemented and approved by the Plenum of the Central Committee of the RCP (b). On July 6, the 2nd session of the USSR Central Executive Committee approved the draft Constitution of the USSR and adopted a resolution “On the entry into force of the Constitution of the Union of Soviet Socialist Republics.” January 31, 1924. The Constitution was unanimously adopted by the Second Congress of Soviets.
The Constitution of the USSR consisted of two sections:
Declaration on the Formation of the USSR
Treaty on the formation of the USSR.
The declaration formulated the principles of unification (voluntariness and equality), the special nature of the national policy of the Soviet state. She did not just declare the creation of the Union. She gave him a goal, being permeated with the aspirations of world revolution that reigned at that time Treaty on the formation of the USSR- an agreement on unification into one union state - the Union of Soviet Socialist Republics, concluded in 1922 by the Russian Socialist Federative Soviet Republic, the Ukrainian Socialist Soviet Republic, the Belarusian Socialist Soviet Republic and the Transcaucasian Socialist Federative Soviet Republic. In January 1924, together with the declaration on the formation of the USSR, it became part of the first union constitution, becoming its main section. The treaty was signed on December 29, 1922 at a conference of delegations from the congresses of Soviets of four republics: the RSFSR, the Ukrainian SSR, the BSSR and the TSFSR. Approved on December 30, 1922 at the First Congress of Soviets of the Union of Soviet Socialist Republics. The last date is considered the date of formation of the USSR. The approval of the treaty legally formalized the creation of a new state consisting of four union Soviet republics.
Soviet state according to the 1924 Constitution.
The Constitution of the USSR of 1924 is the first fundamental law of the Union of Soviet Socialist Republics; was approved by the Second Congress of Soviets of the USSR in January 1924.
State system based on Soviet power and the dictatorship of the proletariat, enshrined in the Constitution of 1924, reflected the multinational character of the Soviet Union.
The adoption of the Constitution contributed to the recognition of the USSR by foreign powers.
As necessary, changes and additions were made to the text of the Constitution. In 1936, a new Constitution of the USSR was adopted.
In December 1922, the First Congress of Soviets of the USSR approved the Declaration and Treaty on the Formation of the USSR. The treaty was signed by four republics: Russia, Ukraine, Belarus and the Transcaucasian Soviet Federative Socialist Republic (which included Georgia, Armenia, Azerbaijan). Each of the republics already had its own constitution. The congress decided to develop an all-Union constitution. On January 10, 1923, the Presidium of the Central Executive Committee of the USSR formed 6 commissions to prepare the future Constitution:
· commission for the creation of regulations on the Council of People's Commissars, STO and People's Commissariats of the USSR
· budget commission
· commission for developing regulations on the Supreme Court of the USSR and the OGPU
· commission for approval of the state flag and emblem of the USSR
· commission for developing regulations on the Central Executive Committee of the USSR and its members
· commission on the personnel of people's commissariats and collegiums.
On June 26-27, the draft Constitution was discussed, supplemented and approved by the Plenum of the Central Committee of the RCP (b). On July 6, the 2nd session of the USSR Central Executive Committee approved the draft Constitution of the USSR and adopted a resolution “On the entry into force of the Constitution of the Union of Soviet Socialist Republics.” On January 31, 1924, the Constitution was unanimously adopted by the Second Congress of Soviets.
The Constitution of the USSR consisted of two sections:
· Declaration on the formation of the USSR
· Treaty on the formation of the USSR
Legal policy of the Soviet state during the NEP period.
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Soviet state according to the 1936 Constitution.
The Constitution of the USSR of 1936 (unofficial names: “Stalin’s Constitution”, less often - “Constitution of victorious socialism”) is the fundamental law of the USSR, adopted by the VIII All-Union Extraordinary Congress of Soviets on December 5, 1936 and in force (with amendments and additions) until 1977. On February 7, 1935, the Central Executive Committee of the USSR created a Constitutional Commission chaired by the Secretary of the Central Committee of the All-Union Communist Party of Bolsheviks I.V. Stalin and 12 subcommittees. The new Constitution, as conceived by the authors, was supposed to reflect an important stage in the history of the Soviet state - the building of socialism. On June 12, 1936, the draft Constitution was published and discussed over the next 6 months at all levels.
According to the historian O.V. Khlevnyuk, the more democratic nature of this constitution (in comparison with the constitution of 1924) was caused by the desire to attract Soviet Union sympathy of the international community for joint opposition to the growing strength of fascism. In the accompanying note to the draft Politburo decision on changes to the constitution and the creation of a constitutional commission, which was adopted by the Politburo on January 31, 1935, Stalin wrote:
| In my opinion, the matter with the Constitution of the USSR is much more complicated than it might seem at first glance. Firstly, the election system needs to be changed not only in the sense of eliminating its multi-layered nature. It also needs to be changed in the sense of replacing open voting with closed (secret) voting. We can and must go to the end in this matter, without stopping halfway. The situation and balance of power in our country in this moment are such that we can only win politically in this matter. I'm not even talking about the fact that the need for such a reform is dictated by the interests of the international revolutionary movement, for such a reform must necessarily play the role of a powerful weapon hitting international fascism... |
For the first time, 75 million people participated in its discussion; 1.5 million proposals, additions, and amendments were made and published in periodicals. Proposals that contradicted the political course of the party (for example, to allow private property or to liquidate collective farms) were not published, and were preserved in the archives under the name “hostile responses”.
JV Stalin directly took part in the work on the text of the constitution. N.I. Bukharin considered himself the author of the main part of the text of the constitution.
Ukrainian SSRByelorussian SSR Byelorussian SSR
TSFSR TSFSR
Treaty on the formation of the USSR- an agreement on unification into a union state - the Union of Soviet Socialist Republics, concluded in 1922 by the Russian Socialist Federative Soviet Republic, the Ukrainian Socialist Soviet Republic, the Belarusian Socialist Soviet Republic and the Transcaucasian Socialist Federative Soviet Republic. In January 1924, together with, it became part of the first Union Constitution, becoming its main section.
Conclusion of an agreement
Preamble The treaty stated the unification of the RSFSR, Ukrainian SSR, BSSR and ZSFSR into a single union state - the Union of Soviet Socialist Republics, governed in accordance with the provisions of the Treaty.
Paragraph 1 established the competence of the USSR, which, in particular, included: representation of the USSR in international relations, changing external borders and admitting new republics to the USSR, declaring war and concluding peace, concluding loan agreements and ratifying international treaties, as well as repealing acts of the Congresses of Soviets, Central Executive Committees and Councils of People's Commissars of the republics that violate the Treaty.
Points 2 - 10 determined the structure of the highest authorities of the USSR. proclaimed the supreme power Congress of Soviets of the USSR, whose delegates were elected by city and provincial (rather than republican) congresses of Soviets. The Congress of Soviets of the USSR elected a unicameral Central Executive Committee of the USSR(371 people), which was the highest body between Congresses and elected from among its members the Presidium of the Central Executive Committee of 19 members.
Clause 11 declared the elected Central Executive Committee of the USSR to be the executive body of the Union Council of People's Commissars of the USSR and determined its structure.
Clause 12 regulated the activities Supreme Court of the USSR And United State Political Administration under the Council of People's Commissars of the USSR.
Points 13 - 17 defined the basics legal regulation USSR (decrees and resolutions of the Central Executive Committee and Council of People's Commissars of the USSR).
Clause 18 determined the composition of the republican Councils of People's Commissars.
Clause 20 regulated the budget issues of the republics.
Paragraphs 21 - 23 established a single citizenship(21), symbols (22) and capital (23) of the USSR. The city was declared the capital Moscow.
Point 24 provided for bringing the republican Constitutions into compliance with the Treaty.
Point 25 established that approval and amendment of the Treaty is the exclusive competence of the Congress.
Point 26 secured the right of republics to freely secede from the USSR.
Treaty as part of the Constitution of the USSR
Subsequently, the amended and supplemented union treaty and the declaration on the formation of the USSR were combined into the first Constitution of the USSR. The new version of the Treaty consisted of a preamble and 11 chapters:
Chapter I determined the subjects of jurisdiction of the supreme authorities of the USSR. Clause 1 contained a list of these items, somewhat expanded and clarified compared to the initial version of the contract. Clause 2 referred the approval and amendment of the Constitution to the exclusive jurisdiction of the Congress of Soviets of the USSR.
Chapter II(clauses 3-7) established the sovereign rights of the union republics (including clause 4 - the right to freely secede from the Union) and a single union citizenship for citizens of the union republics.
Chapter III(paragraphs 8-12) declared the Congress of Soviets to be the supreme authority of the USSR; in the period between the Congresses, such a body was the bicameral Central Executive Committee of the USSR, consisting of the Union Council and the Council of Nationalities. The norms of representation, the procedure for selecting delegates and convening Congresses were established.
Chapter IV(paragraphs 13-28) regulated the procedure for elections to the Central Executive Committee of the USSR, established the procedure for its activities and responsibility before the Congress of Soviets of the USSR.
Chapter V(paragraphs 29-36) determined the functions and rights of the Presidium of the USSR Central Executive Committee, the procedure for interaction with the Council of People's Commissars of the USSR, as well as responsibility to the USSR Central Executive Committee.
Chapter VI(paragraphs 37-42) established the structure of the Council of People's Commissars of the USSR, its functions and responsibility to the Central Executive Committee of the USSR and the Presidium of the Central Executive Committee of the USSR. The Council of People's Commissars of the USSR included the chairman of the Council of People's Commissars, his deputies and 10 people's commissars.
Chapter VII(paragraphs 43-48) established the Supreme Court, outlined its terms of reference and determined the composition of the plenary session.
Chapter VIII(paragraphs 49-60) established the division of the people's commissariats of the USSR into all-union (united for the entire USSR) and united (running the people's commissariats of the same name of the union republics). The responsibility of the people's commissars (heads of the people's commissariats) to the Council of People's Commissars, the Central Executive Committee and its presidium was determined.
Chapter IX(paragraphs 61-63) is devoted to the activities of the united state political management(OGPU).
Chapter X(paragraphs 64-69) regulated the structure government controlled Union republics: Congresses of Soviets, Central Executive Committee and Council of People's Commissars of the republics.
Chapter XI(paragraphs 70-72) is dedicated to the coat of arms, flag and capital of the Union of Soviet Socialist Republics.
With minor changes, the Treaty was included in all editions of the USSR Constitution until the adoption of the new “Stalinist” Constitution in 1936, in which it was not mentioned.
Changes to the contract
On May 20, 1925, the III Congress of Soviets of the USSR decided to indicate the Turkmen SSR and the Uzbek SSR in the union treaty. In this regard, the number of members of the CEC Presidium was increased from 21 to 27, and the number of CEC chairmen was also increased.
Termination of an agreement
In Russia, the treaty was denounced on December 12, 1991 by Resolution of the Supreme Council of the RSFSR No. 2015-I, which referred to paragraph 15 of Article 109 of the Constitution of the RSFSR (“The Supreme Council of the RSFSR ratifies and denounces international treaties of the RSFSR”). The initiator of the denunciation of the treaty, member of the Supreme Council of the RSFSR Sergei Shakhrai, before the adoption of the resolution, stated:
The 1922 Treaty as an agreement, as an agreement of the parties, signed by the heads of state and then ratified by their parliaments, was never signed, was never concluded. At the First Congress of Soviets in 1922, it was stated that the Treaty should be approved in general and sent to the republics for revision. At the Second Congress, a completely different text was already adopted under the same name, and again not by the republics, but by voting at the congress, and there were more than 50 deputies from the Russian Federation, and 33 from Belarus. This cannot be called an agreement in the pure sense of the word. And even if we assume that there was an agreement, then in 1936 with the adoption of the Constitution it lost force. But it so happened historically that there was this concept - “Treaty of 1922”, and therefore the parliaments of Ukraine and the Republic of Belarus decided to denounce this document. For legal purity, as they say. We, the Russian Federation, I believe, should follow the same path.
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