JPRS ID: 10704 USSR REPORT POLITICAL AND SOCIOLOGICAL AFFAIRS

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• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00850R000500090001-6
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• Document Page Count: 49
• Document Creation Date: November 1, 2016
• Sequence Number: 1
• Content Type: REPORTS

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JPRS L/10704 .
2 August 1982
IJSS~ Re ort
p
POLITICAL AND SOCIOLOGICAL AFFAIRS
(FOUO 28/82~
FBIS~ FOREIGN BROADCAST INFORM~?1"ION SERVICF
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JPRS L/10704
2 August 1982
USSR REPORT
POLITICAL AND $OCIOLOGICAL AFFAIRS
~ (FOUO 28/82)
CONTENTS
- INTERNATIONAL
Soviet Understanding of IntPrnational Agreements on H~nnan
Rights Outlined
(V. G. Boyarshinov; SOVETSROYE OOSUDARS TV~ I PRAVn, �
May 82) 1
Lithuanian Articl~ on Afghanistan Describes Soviet Economic
Aid
(Algirdas Sisulenas; SVYTURYS, Apr 82) ].2
NATIONAL
New Constitutionsl Provisions for Republic Supreme Soviets
(L. T. Krivenko; SOVEISKOYE GOSUDAffiTVO I PRAW,
May 82) 18
New Debate on Soviet Law as a System Begins
(SOVETSKOYE GOSUDARSTVO I PRAW, Jim 82) 31
Labor Values of Intelligentsia Pbstered by Higher
Educational Institutions
(P. I. Shle~in; OBSHQiESTVENNYYE NAUKI V SSSR: SERIY.A
I, PROBLEI~ NAU(~TOGO KO1rIl~lZR~1IZMA, May-J~ 82) . . . . . . . . . . . . . 38
Biographic Details an V. M. (hkhikvadze
(SOVETSKOYE GOSUDABSTVO I PRAVO, May 82) 40
RE GIONAL
Labor Resource Management in Kazakhatan Described in New Book
(A. N. Vinogradov; OBSHQiESTVENNYYE NAUKI V SSSR: SERIYA
_ I, PROBLEMY NAUQ~NOGO KO1~IlrItIDiIZMA, May-Jim 82) . . . . . . . . . . . . 44
- a - [III - USSR - 35 FOUO]
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INTERNATIONAL
SOVIET UNDERSTAhJING OF INTERNATIONAL AGREEMENTS ON HUMAN ItIGHTS OUTLINED '
Moscow SOVETSKOYE GOSUDARSTVO I PRAVO in Russian No 5, May 82 pp 122-127
[Article by V. G. Boyarshinov, candidate in juridical scie~ices: "International
Pacts on Human Rights and Their Implementation in the USSR"]
[Text] International cooperation in the field of human rif;hts, like coopera-
tion in other fields, has to be based on the principles of equality, non-inter-
vention in the internal affairs of other states, and on th~~ mutual consideration
of interests. The important instruments for the developme~it of cooperation
between states in this field are the International Pact on Economic, Social,
and Cultural Rights and the International Pact on Civil and Political Rights
- which were signed in 1973 and which came into effect in 19'16 (3 January and
23 March, respectively). The pacts have greatly strengthened the juridical
base of international cooperation in the field of human rights.
The pacts differ from the 1948 Universal Declaration of the Rights of Man
not only in the juridically mandatory nature of the points included in them.
They are much broader in their content, and, in particular, they clearly for-
mulate the r~ght of peoples to self-determination, and to the freedom to dis-
pose of their own wealth and resources, and they prohibit war propaganda,
all of which are lacking in the declaration. [1]
At the present time, there are 69 states which are participants in the Pact
on Economic, Social, and Cultural Rights, and 69 participa~~ts in the Pact
on Civil and Political Rights. The Soviet Union which has consistently pursued
a policy of the struggle for peace, democracy, and legality in the interests
of the social development of all countries and peoples is 3 participant in
both pacts and one of the first, as early as 1973, to ratiEy them. The appro-
val of these important international legal documents by the supreme agency
of state power in the USSR,.and the strict observance in our country of all
of their points is still another testimony to the enormous contribution which
~ the Soviet state is making to the world battle for democracy and progress.
[2] The Soviet Union is doing everything necessary to embody in the practice
of contemporary international relations those fundamental principles which
have been fixed in the Concluding Act of the (:onference on Security and Coopera-
tion in Europe. The USSR Constitutiori can serve as a vivie~ example. Respect
for human rights and for the basic freedoms is fixed in it as one of the prin-
ciplQs on which the USSR's relations with other states are built (Article 29)~
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something which does not exist in the Constitutions of the bourgeois states.
[3]
The pacts oblige the states to carry out a complex of intra-state measures,
including the adoption of legislative measures, to fulfill the commitments
to ensure human rights which they have accepted. Going much further than the
1948 Universal Declaration of the Rights of Man which contained only a few
articles of a general character on this score, the Pact on Economic, Social,
and Cultural Rights provides a quite detailed regulation of social and economic
rights and includes concrete commitments by the states to implement them.
This applies first of all to such important rights as the right to work. The
Pact stipulates a commitment by the states to reco~nize the ~ight to work,
and also to just and favorable working conditions, including a compensation
which provides a just wage (for women as well), the right to rest, leisure,
and a reasonable limit on the work day, as well as the right to a periodic
paid vacation and compensation for work during holidays. In addition, the
right to work includes the right of every person to obtain the possibility
of earning what he needs for life through labor which he freely elects or
, to which he freely agrees. The measures which are supposed to be adopted
by states in order to fully realize the right to work provide f or vocational
and technical education programs, and measures for ach~eving a stes3y economic,
social, and cultural development and full employment under conditions which
guarantee the basic political and economic rights of man (Articles 6 and 7).
The Pact also contains points which recognize: the right of every person
to a satisfactory standard of living, including food, clothing, and housing,
and to a continuous improvement of his living conditions (Article 11); the
right to create trade unions and to participate in *_heir activities for the
purpose of r~alizing and protecting one's economic and social interests
(Article 8); the right to social security, including social insurance (Article
9); and the right to education, including obligatory and free elementary
education (Articles 13, 14).
A separate chapter is devoted to the protection of the family which is regarded
as the natural and basic cell of society (Article 10). Especial protection
is stipulated for mothers during a specific period before and after child-
birth, and also for children and adolescents, who without any differences
on the basis of origin or any other characteristic, have to be protected from
economic and social exploitation. The Pact also includes special points which
stipulate the right of everybody to participate in cultural life (Article
15).
The Pact'-s participant states commit themselves to periodically present the.
UN Econ mic and Social Council (ECOSOC) with reports on the measures taken
by thc>m and on their progress in observing the recognized righ ts. After examin-
ing these reports ECOSOC, in collaboration with other UN agencies and auxilliary
institutions, may assist the development of the proper measures to provide
aid to participant states in the appropriate fields.
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The International Pact on Civil and Political Rights regulates the basic rights
and freedoms which have to be granted by every participant state to all persons
located on its territory and under its jurisdiction, without any differences.
It stipulates that no one must be held in slavery or in a subject condition,
or be subjected to torture or to cruel, inhuman, and demea~ling treatment (Articles
7, 8). In accordance with the Pact, every person has the right to freedom
and personal inviolability, and no one may be subjected to arbitrary arrest
or to being held under armed guard (Article 9).
The Pact establishes the right to free movement and the ch~ice of one's place
of residence, equality before the courts and guarantees of criminal and civil
court proceedings, and it prohibits arbitrary and illegal interference in
personal and family life and encroachments upon the inviolability of the home
or the confidentiality of c~rrespondence (Articles 12, 14, 17). It further
stipulates the right to freedom of thought, conscience, and religion, the
right to peaceful assembly and the freedom of association and the right to
participate in the conduct of state affairs both directly and through the
medium of freely elected representatives (Articles 18, 21, 22, 25). A special
place is assigned in the Pact to the struggle against war propaganda and racial
discrimination to which a separate article is devoted (Article 20).
The participant states elect a Committee on Human Rights which consists of
18 members. It studies the reports of the Pact's states and may forward to
these states and also to ECOSOC comments o� a general character.
The questions connected with putting the norms of international law into action
on a state's territory are decided by each country independently, since the
forms and methods of fulfilling the international commitments which have been
adopted by a state are the exclusive sovereign right of each country.
,
The Soviet doctrine of international law believes that given the fact that
the peaceful coexistence of states is being accompanied by an acute ideological
struggle between capitalism and socialism, states have to play the chief role
in carrying out international agreements on human rights. A conscientious
fulfillment of the commitments which have been ~dopted by them in the field
of human rights and of the basic freedoms that takes accot~.nt of the specific
conditions of the various countries is the only real and effective way of
the implementation of the corresponding international agrEements. [4] ThP
- international legal norms in the field of human rights establish the basic
principles for the solution by the states ~f the issues in this area and
define the framework of the solutions, but do not contain the solutions them-
selves the working out of which is entirely within the domestic competence
of the states. [S] In USSR practice the most widespread method of implementing
the norms of international law is the transformation of international legal
norms into intra-state norms, that is, the adoption by the~ state of norms
of intra-state law, or the adaptation of existing ones for the purpose of
fulfilling the international commitments stipulated in the norms of inter-
national law whose effect applies to the give~i state. [6]
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USSR legislation and Soviet practice proceed from the idea that in order'to
have the intra-state fulfillment of the norms of an international treaty it
is nec.essary for there to be an intra-state sanction from the appropriate
agencies. The 6 July 1978 Law on the procedure for concluding, executing,
and denouncing USSR internatidnal treaties stipulates in Article 24 a procedure
for the presentation of proposals and the adoption of an act in cases when
in order to carry out an international treaty it is necessary to issue a USSR
Law, an Ukaze or decree of the .Presidium of the USSR Supreme Soviet, or a
decree or order of the USSR Council of Ministers.
It should be emphasized that the transformation of the norms of international
treaties into intra-state norms is not always required.. It is only necessary
when there is no corresponding norrn in intra-state law. In accordance with
the 6 July 1978 Law, the points of international treaties are carried out
in the Soviet Union not directly, but on the basis of acts of domestic legis-
lation which contain the points of these treaties. Th~ realization of the
points of pacts occurs by means of the realization of the points of intra-
state acts which contain norms analagous [o those in the pacts. As was empha-
sized by the Soviet representative in the Committee on Human Rights during
a discussion of the Soviet Union's report on the execution in the USSR of
the Pact on Civil and Political Rights at the Fifth Session of the committee
in October 1978, all of the basic points of the Pact are provided for in the
USSR Constitution (Articles 39-53, 55-57, 59, and others), or in other acts
and, therefore, they have not only become rights of an ordinary character,
but constitutional rights. [7]
It should also be noted that the norms of many Soviet legislative acts stating
that in the event of a divergence between the law and an international treaty
the norms of the international treaty are operative (as is stipulated, for
example, in Article 29 of the Principles of Civil Law, and Article 64 of the
Principles of Civil Lega? Procee~ings of the USSR and the Union Republics)
have the goal not only of resolving a possible collision between a treaty
and a law, but also represent a previously established transformation of inter-
national norms into Soviet intra-state law.
Being unable to refute the achievements of the Soviet people which possess
an enormous attractive forc~ for the workers of the capitalist countries,
bourgeois propaganda makes use of occasional textual divergences between the
points of Soviet legislative acts and the norms of pacts, or the absence in
them of individual points stipulated in the pacts to accuse the Soviet Union
of a failure to fulfill its commitments from these international treaties
and makes a wide practice here of deceit, misinformation, and slander. As
is noted irs the 15 May 1980 Declaration of the Warsaw Pact Participant States,
genuine political and propaganda campaigns in the spirit of the Cold War are
being developed against the socialist states. [8] The facts, however, show
that accusations against the Soviet Union of violations of the Pacts on human
rights are completely groundless.
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The process of the realization of the Dact on Economic, So~:ial, and Cultural
Rights in the USSR provides a vivid demonstration of the S~~viet state's concern
for creating real conditions for the realization of the rit;ht to work and
the choice of a profession, for the right to just and favo-~able working condi-
tions, and for the right to social security and social ins~irance. The legis-
lation on labor in the USSR represents an extensive branch of law which is
based on the Principles of the Labor Law of the USSR and t;~e Union Republics
which were approved by the 15 July 1970 USSR Law, and also the union republic
labor law codes. In a number of c3ses Soviet lat~or law pr~~vides for broader
rights than the Pact. For example, Article 2 of the Principles of Labor Law
contains points on the right of workers and employees to a wage guaranteed
by the state commensurate with the quantity and quaiity of their labor, to
free vocational training and free advanced training, and t~ participation
in production management, points which are not contained in Articles 6 and
7 of the Pact that deal with the rights to labor and just and favorable working
conditions.
The labor rights of Soviet citizens are protected by law, and their orotection
is carried out by state agencies, and also by trade unions and other public
organizations. Article 18 of the Principles of the Labor Law establishes
that the dissolution of a labor agreement on the initiative of the administra-
tion without the preliminary agreement of the local trade union committee
is illegal, and the dismis~ed worker is to be restored tc his former job.
In cases of necessity, trade union bodies submit proposals to the appropriate
organizations regarding disciplinary responsibility for leading workers who
violate the labor laws and the labor protection rules. These bodies may raise
~he question of replacing leaders who do not carry out commitments stemming
from the collective agreement, display bureaucratism, permit red-~ape, and
violate the labor laws. On the demand of a trade union body, the administra-
tion is obliged to dissolve a labor contract with a leading worker or to remove
him from his position. [9] According to Article 138 of the RSFSR Criminal
Code and the corresponding articles of the Criminal Codes of the other union
republics, persons who are guilty of gross violations of the labor law are
brought to disciplinary, administrative, and, in the proper cases, to criminal
responsibility.
A special feature of the realization of the rights of Soviet citizens to labor
and to just compensation is the fact that an important role is played in the
formation of the workers' real income by the social consurnption funds which
are created in accordance with Article 23 of the USSR Constitution for the
purpose of more fully satisfying the needs of Soviet people. The share of
the social consumption funds in our country's national inc.ome is now 25 percent.
"One of the most noteworthy features of the Soviet way of life," L. I. Brezhnev
noted at the 26th CPSU Congress, "is the increasing goods which people receive
from the social consumption funds. During the five-eyar period they increased
by approximately one-third and last year alone came to 12].5 billion rublzs.
These ar2 enormous funds. They go to improve the living conditions of the
workers, to protect their health, for their education, for the education of
their children, for social security, and for culture."
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In the report on the realization of Articles 6-9 of the Pact on Economic,
Social, and Cultural Rights which was presented by the USSR to ECOSOC there
is a graphic revelation of the genuine humanism of Sovfet social policy whiCh
manifests itself in the creation of real conditions for the realization of
the right to work and the choice of a profession and the right to just and
favorable working conditions. The Soviet state is consistently pursuing a
course aimed at increasing the income of the workers. In every five-year
plan the wages o~~ workers and employees has been increasing by 20-25 percent.
[10] In the Basic Directions of the Economic and Social Development of the
USSR for the Years 1981-1985 and for the Period Until 1990 it is emphasized:
"The chief task of the lith Five-Year Plan is to ensure the further growth
of the well-being of Soviet people on the basis of the stable, gradual develop-
ment of the economy, an acceleration of scientific and technological progress,
and the shifting of the economy to an intensive path of development, a more
efficient use of the country's production potential, a thorough economizing
of all types of resources, and an improvement of the quality of work." The
basic directions in the lith Five-Year Plan, in particular, provide for a
further increase in the per capita real income o� 16-18 percent. In the Summary
Report of the CC CPSU to the 26th CPSU Congress L. I. Brezhnev emphasized
the importance of such planned measures as a further increase in the minimum
wage and in the rates and salaries of workers and employees, an increase in
kolkhoz workers' income from public farming, and an expansion of various wage
privileges.
The humanism of Soviet social policy also manifests itself in the real pro-
vision of the right to health protection, housing, free education, and the
use of cultural riches. In these fields also Soviet law goes much further
than the Pact on Economic, Social, and Cultural Rights. Thus, Article 12
of the Pact regulates the riRht to health protection, including medical aid
and care in the event of sickness. The USSR Constitution stipulates free
qualified medical aid for all citizens in the event of sickness, and also
a large number of other measures aimed at the protection of the health and
the ensuring of a long active life for citizens (Article 41_). The Soviet
Union was one of the first in the world to enter in its Basic Law the right
�to housing (Article 44) which does not figure in the Pact. Article 13 of
the Pact speaks about the necessity for mandatory free elemen[ary education
for everybody. Article 4.5 of the Constitution guarantees that all types of
education, including higher education, are cost-free, and stipulates universal
mandatory secondary education for the youth.*
The social and economic development of the society of mature socialism is
inseparable from a constant perfecting of socialist democracy and the develop-
ment of the civil and political rights of the workers. This process is taking
place in the USSR in accordance with the Plan for the Organization of Work
^'For details see 11].
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To Bring the USSR Legislation Into Correspondence With the Soviet Constitution
which was approved on 12 December 1977 by the Presidium of the USSR Supreme
Soviet. New laws have already been adopted on citizenship, on elections to
the USSR Supreme Soviet, on state arbitration, the USSR Prccurator's Office,
on the legal profession in the USSR, and others, and a num~er of new acts
aimed at further developing the totality of the rights and freedoms of Soviet
citizens are being worked out. "The new laws," L. I. Brezr~nev said at the
26th CPSU Congress, make it possible to regulate the variuus aspects of social
relations more finely and more precisely. The work to perf~ect the law will
continue. Three directions are being advanced here as top-�priority ones:
the leadership of the economy, the realization of the const:itutional rights
of the citizens and public organizations, and the completion of the publica-
tion of the All-Union Code of Laws."
In the above-mentioned report on the execution by the Sovi~~t Union of the
Pact on Civil and Political Rights [12] there is an extenstve treatment of
the norms of the USSR Constitution which relate to human rights, a reflection
of the legislative points which characterize the legal sta:us of the indi-
vidual in the USSR, and a description of the political, ec~~nomic, and juridical
guarantees for the realization of the rights and freedoms ~~f Soviet people.
They emphasize in it that Soviet law provides for the defense of the rights
of citizens in court and administrative procedures, and also by comradely
courts and trade union and other public organizations. The equal rights of
men and women in the use of civil, political, and other rights and freedoms
in the USSR which are fixed in the legislative acts of the Soviet state are
consis[ently put into practice. One of the most important tend~encies noted
in the report is the fact that the construction of communism and the further
development of the country entails the development and perfecting of socialist
democracy and the granting of ever wider rights to all persons living on the
territory of the Soviet Union or under its jurisdiction.
A characteristic feature of Soviet democracy is the fact that it grants the
citizens of the USSR genuinely equal rights. Representatives of the Western
countries in the Comittee on Human Rights attempted to cast out on this fact,
making use, in particular, of the difference between the formulation of
Article 34 of the USSR Constitution and the formulation of Point 1 Article 2
of the Pact on Civil and political Rights. The emphasis uras put here on the
absence in Article 34 of the Constitution of the mention c:ontained in the
Pact of political and other convictions being among the ci.rcumstances, regard-
less of which citizens are equal before the law. However. the formula of
Article 34 of the Constitution is broader than the formul~i of Article 2 of
the Pact. It does not contain an exhaustive list of the c;ircumstances regard-
less of which citizens are equal before the law. In addition to the circum-
stances enumerated in the Pact, in the USSR Constitution rnention is made of
differences in education, in the type and character of occupation, and in
residence and it is directly stated that these and other r_ircumstances do
not influence the equal rights of citizens. The rights oF the Soviet citizen
cannot be limited on account of his convictions. In accordance with their
convictions, Soviet citizens have the right to criticiZe shortcomings in the
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work of state and public organizations. In Article 49 of the USSR Constitution
it is stated that "persecution for criticism is prohibited. Persons who per-
secute others for criticism are held accountable."
Representatives of Western countries in human rights agencies frequently make
slanderous insinuations about alleged abuses in the application of the death
penalty in the Soviet Union and the other socialist countries. Such insinua-
tions occurred, in particular, in the Third Committee of the UN General Assem-
bly at its 36th session in 1981 during a discussion of a proposal by the FRG
on developir?g an optional document regarding the abolition of the death penalty
~ for the Pact on Civil and Political Rights. In this connection it should
be noted that in accordance with the legislation in effect, the death penalty
is stipulated as an alternative sanction, along with deprivatic+a of freedom,
{ and in practice is applied only in exceptional cases for the.most grave crimes,
which fully corresponds to Article 6 of the Pact.
In discussing the report on the Soviet Union's execution of the Pact on Civil
and Political Rights in the Committee ~n Human Rights, Western experts cast doubt
upon the fact that the existence of the kolkhozes in the USSR is not con-
nected with forced.labor which is prohibited by Arcicle 8 of the Pact. However,
in accordance with the Model Kolkhoz Charter which was adopted by the Third
All-Russian Congress of Kolkhoz Workers and approved by the 28 November 1969
decree of the CC CPSU and USSR Council of Ministers the kolkhoz "is a coopera-
tive organization of voluntarily associated peasants for the joint conduct
of large-scale socialist farming on the basis of the public means of groduction
and collective labor." Soviet law does not provide �or any measures of coercion
against a citizen if he wishes to leave the kolkhoz.
There is no end to the slanderous noise in the West regarding the right to
leave the Soviet Union which sometimes develops into a kind of political cam-
paign which has very unattractive goals. The reactionary forces and Zionist
circles of the West assert that Soviet state agencies allegedly refuse USSR
citizens in violation of Article 12 of the Pact exit permission for permanent
resfdence in capitalist countries in order to unite families. Insinuations
of this kind were made, in particular, by representatives of the United States
and Israel in the Third Committee at the 36th Session of the UN General Assembly.
Meanwhile, the agencies of Soviet power attentively consider the petitions
of those citizens who wish to leave the USSR, and in most cases satisfy them.
A negligible number of refusals is conneGted with the necessity for protecting
state security, public order, and the property, family, and other rights of
other citizens (spouses, children, oarents, persons who have suffered from
the criminal actions oC those wishing to leave, and so forth). These aspects
are considered in applying the Regulation on Entry Into the Soviet Union anci
on Exit From the Soviet Union which was approved by the 22 September 1970
pecree of the USSR Council of Ministers which regulates entry into the Soviet
Union and exit from it, the procedure for drawing up exit documents, the ac-
tivities of the agencies authorized to issue exit visas, and other matters.
A consideration of these points is in complete correspondence with Point 3
Article 1?. of the Pact which provides for the possibility of limitations
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necessary for the protection of state security, public order, or the health
or morality of the population.
It is entirely natural that in connect~on with the departur~e of one or another
citizen for permanent residence abroad it is necessary to c.larify a number
of questions, including his family situation and the commit.ments which follow
from this, his property relations with o~t~er citizens, the character of the
work he performs which could be connected with state secret:s, and so forth,
which requires a definite amount of time. When all of the questions are clari-
fied and if no obstscles have arisen, the person who has siibmitted an a~plica-
tion is issued an exit visa. The vast majority of people who have wished
to leave the Soviet Union have been issued visas and they !?ave in fact left.
The Western anti-Soviet and anti-communist press also cont:iins false assertions
regarding the violation in the Soviet Union of freedom of ~_hought and freedom
of opinion which are stipulated by the Pact, and in connec~=i~n with this the
Soviet Constitution is criticized. Thus, Professor A. Erh'soon Tay of Sidney
University, in criticizing tt?e USSR Constitution, cites as one of its essential
shortcomings the "restrictions" on human rights and such iinportant freedoms
as freedom of speech, conscience, assembly, and demonstration since they are
conne~ted with duties and "are granted only in order for t:1em to be used in
keeping with the interests of the laboring people and for the purpose of.
strengthening the socialist system." [14] Such "criticisin" is compl.etely
groundless. The connection between rights and duties is a generally recog-
nized principle of the democratic organization of social life. In the articles
of the Pact on Civil and Political Rights which concern freedom of opinion,
assembly, and association it is stated that these freedoms cannot be the object
of any kinds of limitations except those stipulated by the law wh~ch are necessary
to protect state security, public order, the health or morality of the popu-
lation, or the rights and freedoms of others. The USSR Constitur;on fixes
this principle in the interests of the whole of Soviet society and of each
citizen. The law of life in the Soviet Union is the unity of society, the
state, the people, and the individual citizens, and there is no contradiction
of the international norms in the fact that the Soviet laws are issued in
keeping with the people's will, reflect its interes[s, serve its goals, and
promote the development of the all-people's Soviet state.
Of course, there are people in the Soviet Union who express views and opinians
which contradict communist ideology. These people are not brought to legal
responsibility for their opinions; they are educated by society, the collec-
ti~~e , and their comrades who by means of persuasion try to achieve an under-
sr,anding by these people of the erroneousness of their views. At the same
time, there are also hostile elements which commit actions stipulated by the
law and punishable as crimes. As is known, Article 7 of the Law on Criminal
Responsibility for State Crimes and Article 70 of the RSF~~R Criminal Cede
establish responsibility for such actions as agitation and propaganda conducted
for the purpose of undermining or weakening Soviet power, the spreading of
slanderous inventions which defame the Soviet state or social system, and
the production or holding for these purposes of literature with this kind
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of content. In this case it is not a matter of convictions, but of actions.
Soviet law resolutely rejects responsibility solely for c~esign, for the dis-
covery of ~ socially dangerous intention or conviction, and one of the basic
principles oi Soviet criminal law is the principle of the punishability of
a person cnly for a guilty action or inaction which is directly stipulated
by the criminal law as a crime (Article 3 of the Principles of the Criminal
Law). Our ideological opponents, defending persons who commit the above-named
- actions, are defending a handful of renegades and criminals who are subject
to punishment in accordance with the laws of the state. As for the realization
of their rights and freedoms by millions of Soviet people, this question does
not interest them. ~
In the Soviet Union the realization of the political rights of citizens finds
its most vivid expression in the many-sided activities of the Soviets of Peopl~'s
Deputies which comprise the political basis of the Soviet state. The efforts
of the soviets are directed toward increasing production efficiency and *_oward
the fulfillment of our broad social program. They keep all of the vitally
important spheres of society in their view.
The practice of implementing the International Pacts on human rights in the
USSR shows that only under socialism can a person enjoy the complete fullness
of r~ghts and freedoms.
BIBLIOGRAPHY
1. M. Orskiy, "In the Name of Human Rights," PRAVDA, 4 December 1978
2. 0. Khlestov and Yu. Reshetov, "The Vanguard Role of the USSR in the Struggle
for Human Rights," MEZHDUNARODNAYA ZHIZH', No 11, 1973, p 74
3. A. Movchan, "The Struggle of the USSR for the International Defense of
Human Rights," MIROVAYA EKONOMIKA I MEZHDITNARODNYYE OTNOSHENIYA, No 1,
1979, p 6
4. V. N. Chkhikvadze, "Humanism, The World, The Individual," Moscow, 1981,
pp 109-110
5. R. Kulikov, "On International Legal Responsibility For Violations of Human
Rights," Moscow, 1979, p 21
6. S. V. Chernichenko, "The Individual and International Law," Moscow, 1974,
p 48
7. UN Document CCPR/C/SR. 112
8. PRAVDA, 16 May 1980
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9. Yu. N. Korshunov, "Soviet Trade Unions: Defense of the Workers' Interests,"
SOV. GOS. I PRAVO, No 4, 1981, p 129
10. UN Document E/1978/8/Add. 16
11. K. Yu. Chernenko, "The CPSU and Human Rights," Moscow, 1981, pp 61-121
12. UN Document CCPR/C/1/Add. 22
13. SP SSSR, No 18, 1970, p 139
14. A. Erh'soon Tay, "Marxism, Socialism, and Human Rights," London, 1978,
p 111
COPYRIGHT: Izdatel'stvo "Nauka", "Sovetskoye gosudarstvo i pravo", 1982
2959
CSO: 1800/644
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INTERNAT~ONAL
LITHUANIAN ARTICLE ON AFGHANISTAN DESCRIBES SOVIET ECONOMIC AID
Vilnius ~VYTURYS [BEACON] in Lithuanian No 8, Apr 82 pp 16-18
[Article by Algirdas ~iaulenas: "The Fourth Spring of the Revolution"]
[Text] Kabul-Vilaius--After a lorig period of a low moving fog spring came
to the city, by-passing the mountains surrounding Kabul. In a few days it
had covered the parks and gardens with green grass carpets and adorned the
trees with a bright green coat. The saplings started to blossom.
It is a holiday, and not only in Kabul but also in all of Afghanistan. From
the early morning of April 27 a colorful crowd began to pour into the streeta
and souares to mark the fourth anniversary of the revolution with festive
marching and songs, national men's dances and loud cheers.
This cro~d is unusually colorful. Men, with their heads shrouded in white,
blue, green, grey and black dastars (Muslim head covers), lapped in long
oriental robes and waring snow-white shirts extending almost to the kneea;
women with tunics of various colors and light mantles on their shoulders; and
children with flowers in their hands--all will pass by the festival viewing
stands and will honor those who fell for the holy people's cause. A parade
of Afghanistan army's contingenta will take place on that day. The spring
flowers will adorn the tents of the limited Soviet army contingent units,
emphasizing the respect for the Soviet serviceman who came to the sid of a
sisterly nation in a difficult hour.
Afghanistan is a country of sun and mountains. For the greatest part of the
year its land with the ma~estic mountain masses is caressed by sunshine. In
whatever part of the country you are, everywhere you are surrounded by moun-
tains. Those which are closer appear to be grey or brownish, and those farther
away faintly bluish, with the white anowy peaks proudly protruding above them.
Afghanistan is also a country of contrasts. The asphalt atreets of the new
district of the country's capital, Kabul and the noisy dusty eastern bazaars;
there on the top of the mountain stands a television tower--a symbol of the
scientific and techninal revolution moving acrosa this ~ust recently patriar-
chal land; and at the foot of the mountain--piles of firewood which are sold
by weight here, the only country in the world in which this is done.
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The country's nature is full of amazing diversity: high Hindukush mountains
and flat lowlands; valleys covered with gravel and without any vegetation,
and blooming sub-tropical oases; burned out steppes and lush forests. In this
country you can see a date palm and our birch, sugar cane and rye, cotton
and orange plantations.
The exotic nature of this country is beautiful indeed, and its past is replete
with historical events. However, it is not all of this that now attracts the
world's attent~on. After the April 1978 revolution Afghanistan entered upon
the road ~f a new and progressive life, striving to create a society where
one man would not exploit another, and has become a symbol of fdith in victory
over the dark forces of imperialism and reaction hindering social progress.
In recent times nothing has aroused such a deluge of political passions in the
world, attracted so much attention of friends and enemies, and nothing has
caused such an intense outbreak of disinformation, lies and slandei as the
April revolution in Afghanistan and the events that followed it. At its meet-
ing in March of last yeax the Council of the European Economic Community
declared th�at "the tragic course of events in Afghanistan was a cruel trial
for the Afghan people."
What "trials" were they talking about, however? How could the April revolution
be blamed? For being concerned with the peoples' welfare and striving for
social justice? For fiaving nationalized land owned by landlords representing
only 5 percent of all landowners and control?ing 45 percent of the arable land
and for having distributed it to the families of 295,000 landless and Foor
peasants? For wanting to teach reading and writing to the 98 percent illiter-
ate women and 9 out of 10 illiterate men, or�for wanting to provide shelter
to the homeless, to set up hom~s for neglected children and to feed the hungry?
Afghanistan has long ago been attracting the attention of imperialist predators.
In the last century it was Great Britain's colonizers who were looking at it
with greedy eyes. They attempted to conquer it as many a~ threP times and turn
it into a springboard against Russia, and later against tb.e Soviet Union.
However, as the Soviet Government became stronger, these F~lans were abandoned.
After the second World War the British who had lost their former power were
replaced by a new colonizer from overseas. Afghanistan, ~~ith its 2,384 kilo-
meter border with the Soviet Union, became a part of Washi.ngton's strategic
plans. At first it was decided to act there through its t.rusted friend--the
Shah of Ir~n. The Shah proposed a wide program of "aid" t:o Afghanietan whose
purpose wa~, the economic and political subjugation of its eastern neighbor. It
was announ~~ed, for instance, that a substantial loan was t:o be provided for
the constriiction of a main railroad line connecting both countries. The Iranian
advisers started reorganizing Afghanistan's security apparatus uaing SAVAK as
a pattern. The republic's militia, whose combined units consisted of 10,000
officers and enlisted men found itself in their control.
Having taken over such strong positions the foreign agent~ started putting
pressure on the Daoud regime to do away with the democratic forces, first of
all with the members of Afghanistan's People's Detnocratic Party. An outburst
of indigation caused by the dastardly murder of one of this party's founders,
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Mir Akbar Khaibar, became a prelude to the April 1978 revolution. Thousands
of capital residents followed his coffin.... The cup of suffering flowed over.
Barely a few days had passed, and the Daoud regime was swept away by the wave
of peoples' anger_. The revolution which took place in Iran soon thereafter
gave another decisive blow to Washington's hegemonic plans.
The overseas policeman reacted to this with armed intervention in the internal
affairs of the Afghanistan Democractic Republic--with an undeclared war. The
United SZates increased its aid ta the counterrevolutionary bands even more
after their agent Amin was swept a~?ay dnd a new stage of revolution began in
December 1979.
The present day Afghanistan is a varied tapestry of languages, intricate
kinship ties, religions and customs, and a colorful mixture of peoples separ-
ated by the sky-high mountain ridges, living in canyons, and wandering from
one border to another. The country is populated by more than 20 nationalities
of which 55 percent are Pushtus who thus far live split into tribes. An
additional and very important fact: nearly 2.5 million, i.e., every 1 out of
6 living in the country is a nomad or a semi-nomad.
This diverse, loose union of nationalities may suddenly start to crack and fall
apart from quarrels, tribal discord and religious contradictions such ae
between the Shiites and the Sunnites, Buddhists and Moslems, and between two
feudal lords or two families. The result of all this ie shooting, blood feud,
and the annihilation of entire families and small village populations. Adat
or pushtunvalay are the legal standards of the Pushtu tribes which until
recently have not only allowed blood feud but have also provided for a compen-
sation in a form of "khun", or a price in blood. It has been so for hundreds
of years and it was that kind of Afghanistan which faced in April of 1978.
It was in this Afghanistan that the revolution took place, one of whose first
decrees was to declare the equality of races and nationalities and life all
restrictions based on various national differences, in schools--in teaching
children, in production--in remuneration for work, and in the armed forces--
in promotion and awarding military rank. Bringing about this kind of equality
is a very important task which cannot be carried out mechanically. The problem
affects very large masses of people and is related to deep-rooted customs,
- the distribution of labor and a complicated historical past. The government
of the Afghanistan Democratic Republic considers the tribal question one of
the most pressing and delicate social and economic pxoblems on whose Proper
solution largely depends the future of the new society. A comprehensive
assistance program encompassing the broadest tribal strata is being planned
and beginning to be implemented. In many areas of the country the revolutionary
government is establishing schools and medical facilities for the tribes.
Courses are conducted to eradicate illiteracy. The Afghanistan Ministry of
Tribal and Nationalities Affairs (whose mere existence emphasizes the impor-
tance attributed to tribal problema) sess to it that new wells are drilled
and veterinary service stations are established on all nomad caravan routes.
All of this is done from state funds. With the improvement of the sanitary
conditions and inocculations animals are now dying at a considerly lower rate.
And a domestic animal is all that a nomad possesses. On two or three camels
as "desert trucks" each carrying up to 4~0 kilograms of land, the nomad family
hauls all its possessions and can cross long distances.
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Fanning the feelings of local patriotism and nationalism, agents of various
foreign special services are trying to use them as a basis for setting up a
milftary mechanism driven by pse�zdopatriotic fuel, which would help to split
the country. At the same time they quite often try to emphasize the "absolute"
geographic and economic autonomy of one or another province. To the inhabi-
tants of, let us say, they are promoting the idea that the town can be inde-
pendent of Kabul, since it has its own university and agrarian institutions,
trade with foreign countries, an airport, a summer residence of emirs, and
its own border with Pakistan. "Just separate from Kabul, and you will see
how much you will gain!"
They sing the sarae little tune to thfa residents of Herat, Badakhshan and
Kandahar provinces. (By the way, so~ne radio stations in foreign countries
have already announced several times that the city of Kandahar has been taken
by the "rebels"). Meanwhile it is clear to anyone thinking soberly that a
separate Badakhshan would soon fall into the paws of neighboring China which
has territorial claims to Afghanistan. Kandahar would easily become a part of
Pakistan which is its ambitions on the fact that the Pushtus and Baluchis live
in the border areas of both countries. To break up Afghanistan into many
small states is an old goal of the enemies. However, their dream cannot be
fulfilled because the revolutionary process does not stop and the determination
of the masses to defend their gains is increasing. This has also been confirm-
ed by the prevailing sentiment and resolutions adopted at recent conventions
and conferences which took place in Afghanistan and were organized by labor
unions, democratic youth, women, writers, cooperative workers, revoluti.onary
defense groups, and individual tribes.
Every day adds a new page to the country's biography which is both rich and
interesting. On New Year's eve,.1360th by the Afghan calendar (which started
March 21, 1981) the Revolutionary Council approved the country's next social
and economic development plan. It was prepared on a scien.tific basis and
deals with the development of industry and agriculture, domestic .3nd foreign
trade, education and health protection institutions, commu.nications and
municipal services. A substantial increase in capital inv~estment is foreseen.
The budget for the year 1360 is balar~ced. Not every state can claim this
these days. And it has even been announced in Afghanistan. that the pay for
workers and salaried employees is being raised by 26.6 percent, and for those
getting lower pay even up to 50 percent. The farmers will receive wide support
from the staCe such as credits, seeds, fertilizers and agricultural implements.
All this means that even with the still very limited resou.rces and opportunities
and with the counterrevolutionary bands carrying out their destructive work,
the revolutionary government is managing the peoples economy with care and
thrift, and is seeking to get as much from it for the people as possible.
The USSR is the first country which started regular trade with Afghanistan.
It did provide and still provides continuous aid for the d.evelopment of the
country's national economy, which has lagged far behind since colonial depen-
dence. In accordance with agreements reached between the USSR and Afghanistan,
aid would be provided to Afghanistan for the construction of 147 various enter-
- prises and projects. Of these, 73 projects have already been completed and
put into operation, and 60 pro,jects are under conatruction.
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~ More than two-thirds of all products coming out of Afghanistan's plants and
factories are made in industrial plants built with USSR aid. They are varied
and include gas, electric power, carbamide, construction materials, metal-
working products, automotive repairs., food products and other.
The USSR has made a great contribution in solving Afghanistan's transportation
problem.~ Out of the existing 2,800 kilometers of asphalt and concrete roads
in the cpuntry more than 1,800 kilometers were built with the assistance of
Soviet organizations. The main highway linking Kabul and port of Sharkhan
ensures the connection between the northern and ~entral provinces of the country
at any time of the year and practically under any weather conditions. The
central part of the road ("Salang") cutting across the top of the Hindukush
mountains at an altitude of 3,350 meters, with a 2,700 meter tunnel cut through
the mountains and 7 kilometer reinforced concrete wall as a protection against
mountain slides and avalanches, is indeed a wonderful engineering accomplieh-
ment.
Recently a number of new agreements and protocols were signed between the USSR
and the Afghanistan Democratic Republic on the ecoiiomic and technical coopera-
tion of the two countries. The USSR will provide aid to Afghanistan in the
construction of the largest economic pro3ect--an ore extraction complex near
the copper ore mines in Ainak, an oil refinery and electric power transmission
lines in the north of the country, including also a line from the USSR to
Afghanistan. Of great significance to Afghanistan's agriculture will be USSR
assistance in setting up seven agricultural machinery and tractor stations.
The USSR will also provide assistance to Afghanistan in organizing five train-
ing centers for the preparation of skilled workers.
The most significant improvements are occurring within the people themselves--
with the common working people who feel like masters of their country for the
first time. Their growing consciousness and faith in the revolution was
witnessed by the establishment of the National Fatherland Front. Its confer-
ence delegates represented all social strata of the country--tribes, national
minorities, the clergy. A large group of social and political figures from
~.~rlier regimes took part in its activities, they were determined to build a
new life together with the people. Among them were the former chairman of the
Council of Ministers, Abdul Zakhir, former parliament member Khadji Murat,
religious worker Khankani, and writer Mohammed I~iv Ak.
It is even difficult to enumerate all changes that have taken place. The
universal military service law as passed. It was a meaningful step since no
government would arm people who would not support its policy. The labor unions
have expanded their movement with a slogan, "The security of enterprises and
industrial plants is the concern of a work collective." Currently the security
of 80 percent of enterprises is ensured by the armed worker guards.
Considerable attention is given to people's education, and efforts are being
made to eradicate illiteracy. Now 70 percent of school age children atten~
classes, which is 10 percent more than a year ago. Nine-month eradication of
illiteracy courses were attended by more tFian half a million people. For
the first time in the country's history kindergartens, nurseries, professional
schools, young pioneer camps are being set up.
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Afghanistan daily news reports are full of the world "first": the opening of
the first workers training school in the country; the first party library,
the first kindergarten, the young pioneer camp, the childYen's theater, the
first workers sanatorium in Djelalabad, the first "window to the world"--space
communications "Intersputnik" ground station. All these are the first spring
s�aall.ows of ~he revolution. '
Overcoming internal and foreign reactionary resistance, ar~d struggling with ttie
many difficulties existing thus far, the Afghanistan revol.ution is resplutely
moving ahead. There are no revolutions without a long and difficult struggle.
Elderly Afghans call their country a land which is higher *.han an eagle can
reach. This saying reflects not only the fine traits of t:ne Afghan people,
such as love of their country, pride in it, and reaietance to exploitation and
injustice, but also thP peoples' dream of true 3ustice, eQuality and happiness
cherished for centuries.
"Safar bakheir, Afghanistan!"--happy journey to you, Afghanistan!
COPYRIGHT: LKP CK LEIDYKLA "~VTYURYS" 1982/8.
9932
CSO: 1809/4
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NATIONAL
NEW CONSTITUTIONAL PROVISIONS FUR REPUBLIC SUPREME SOVIETS
Moscow SOVETSKOYE GOSUDARSTVO I PRAVO in Russian No 5, May 82 pp 3-12
[Article by L. T. Krivenko, senior scientific associate at the Institute of
State Law of the Academy of Sciences UkSSR, candidate in historical sciences,
docent: "The Role of the Constitution in the Formation of the New Practice
of Control by the Supreme �oviets Over the Activities of Agencies Accountable
to Them"]
[Text] The Cortununist Party consistently implements Lenin's very important .
. idea of the leadership of representative institutions over all other state
agencies. This proposition is embodied in the Constitutions and in the practice
of state construction at all of the stages of the development of the Soviet
state. Realizing the norms of the first Soviet Constitution--the 1Q18 RSFSR
Constitution--regarding the responsibility and accountability of executive
bodies to the supreme agencies of state power, the All-Russian Congresses
of Soviets always heard reports from the Council of People's Commissars and
from the people's commissariats. There was a similar situation in the other
Soviet republics. After the formation of the USSR the congresses of the USSR
Soviets systematically examined reports on the government's activities and
adopted decrees on them. Constitutional guarantees of the leadership of [he
representative agencies of power in the system of state agencies were pro-
claimed by the 1936 USSR Constitution and by the Constitutions of the union
and autonomous republics. Their practical implementation also enriched the
experience which already existed.
While preserving the continuity of key statutes and, at the same time, developing
them under new conditions, the Constitutions of the Soviet state, as was note~
_ in the decisions of the 25th CPSU Congress [1], have established a stricter
system of reporting by all executive agencies to elective agencies, including
at the level of the top element of the Soviets. The time which has passed
since their adoption has been full of processes and phenomena of the active
influence of the prescriptions of the present Constitutions on the real state
of affairs of the country. In the Summary Report of the CC CPSU to the 26th
Party Congress it was noted that "uniting legislation, administration, and
control, the Supreme Soviet actively directs thework of the Councils of Ministers,
ministries, and departments. This fosters the punctual discovery and elimina-
tion of shortcomings and elevates the general tone of state lif~e." [2] On
the basis of the Constitutions, a process has begun of the consolidation of
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many new phenomena in the practice of the realization of tlle control authority
of the Supreme Soviets. A study and analysis of them is of extraordinarily
great importance, for, on the one hand, they serve as a vi�~id example of the
mobilizingf organizing, and creative influence of the Cons~.itution on the
� practical activities of state age�ciest and, on the other, they foster a further
disseminat~on and use of positive experience.
The Development and Perfecting of the Constitutional Princ[ples of Control
by the Supreme Soviets Over State Agencies Accountable to Them
Compared to the previous ones, the present Constitutions have expanded, en- .
riched, and strengthened the guarantees of the leadership ~~f the supreme rep-
resentative institutions in the system of state agencies. Among these guarantee^
which for the first time have been fixed constitutionally, is the rule on
the exercising of control by the Supreme Soviets over all ;~tate agencies account-
able to them (Article 126 of the USSR Constitution, Articl~~ 120 of the RSFSR
Constitution, Article 109 of the Constitution of the Abkha:. ASSR, and the
corresponding articles of the Constitutions of the other union and autonomous
republics). This general proposition is developed, supple~nented, and detailed
in application to the concrete elements of the Soviets and their accountable
agencies both in the text of the Constitutions themselves and in the laws
which are adopted on their basis. First of all, it is important to emphasize
the very interesting constitutional idea of the functional growing together
of all of the basic forms and means of control. The Supreme Soviet, its Pre-
sidium, its permanent and other committees and also the deputies fvrm a single
mechanism for the performance of this function. This proposition is confirmed
by [he fact that in contrast to the previous Constitutions, the present Consti-
tutions have provided for the entire structure of this mechanism in a single
chapter devoted to the Supreme Soviet. Special norms regulate the election,
composi[ion, goals, and tasks of all of the permanent committees of the chambers
of the USSR Supreme Soviet and the Supreme Soviets of the republics, and also
establish the duties of state and public agencies and offir_ials in connection
with the activities of the permanent and other committees (Article 125 USSR
Constitution, Article 112 UkSSR Constitution, Article 107 Constitution of
the Bashkir ASSR). In the past there were no such norms in the Constitutions.
The 1936 USSR Constitution (Article SO) and the corresponding republic Consti-
tutions spoke about the election of the credentials committees (Article 34
RSFSR Consti[ution, Article 31 Constitution of the Tatar ASSR); provision
was made for the election by the Supreme Soviets of the republics of budget
committees, however, rhe corresponding norms of the republic Constitutions
were structurally "iso?ated" from the articles on the organization and activi-
ties of the Supreme Soviets, for they were in chapters devoted to the republic's
budget. And the most important instrument of supreme soviet control--the
right of deputy inquiry--is formulated by the new Basic Laws in chapters called
the "Supreme Soviet" (Article 117 USSR Constitution, Article ill RSFSR Constitu-
tion, Article 99 Constitution of the Bashkir ASSR). The 1936 USSR Constitution
and the republic Constitutions stipulated this right, but in chapters devoted
to the agencies of state administration.
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The constitutional idea of a closer coming together of the subjects of the
control authority of the supreme representative agencies of power is clearly
car~ied through in the Regulations of the Supreme Soviet. It is directly
stated in them: The Supreme Soviet exercises control over its accountable
sta[e agencies "directly and through agencies created by it" (Article 59 Regu-
lations of the USSR Supreme Soviet, Arti~le ~5 Regulations RSFSR Supreme Soviet,
- Article 51 Regulations Supreme Soviet ot the Bashkir ASSR). The adoption
, of the Regulations is an important step forward in strengthening the legal
basis of the realization by the Supreme Soviets of their control authority
on the basis of the present Constitutions. The point is that the above type
of acts played a definite role in this respect in the past also; since the
Regulations which existed in certain republics contain rule~ concerning control.
However, the period after the adoption of the new Constitutions is characterized
by an incomparably higher level of this regulation, which is expressed in
two chief manifestations. One of them is that for the first time in the history
of the Supreme Soviets the Regulations have been adopted by all of the Supreme
Soviets: of the USSR, of the union, and of the autonomous republics. The
second consists in the expansion and perfecting of the rules of the new Regula-
tions which concern the exercising of the control authorities of the Supreme
Soviets. Without going into detail, let us point to what is basic: Not a
single one of the previously issued Regulations contained a special chapter
devoted to this aspect of the activities of the supreme agencies of power.
Now the structure of all of the operating Regulations includes the chapter
"The Exercising By the Supreme Soviet of Control Authority."
It should be kept in mind that the strengthening of the legal foundation for ~
the realization of the authority of the supreme representative institutions
in the field of control over the work of other agencies occurred by means
of the adoption of a large number of laws and other normative acts and the
novelization of the Regulations on the Permanent Committees. It will be useful
to give a characterization of the corresponding rules and prescriptions in
application to concrete agencies.
New Elements in the Control Practice of the Supreme Soviets Over Their Presidiums
A distinguishing feature of control over the work of a Presidium is the possi-
bility of its being exercised only by the Supreme Soviet itself (Article 119
USSR Constitution, Article 106 Constitution of the UkSSR, Article 102 Constitu-
tion of the Abkhaz ASSR). The hearing at sessions of the Supreme Soviets
of reports on the work of the Presidiums is a very important form of control
here. It is the Constitution which provided the impulse for the formation
of this kind of experience at the level of the union republics. Let us refer
to the report "On the Work of the Presidium of the Supreme Soviet of the
Azerbaijan SSR, Ninth Convocation, During the Past Period." [4] In view of
the fact that a lar~e amount of experience has not yet been built up in the
practice of Presidium reports, a study and generalization of existing materials
is undoubtedly of considerable interest. An analysis of these materials shows
that the sessions examine .the reports of the Presidiums during the entire
time beginning with the moment of their ~'lection by the Supreme Sovfet of
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a given convocation and far the period between the two sessions of the Supreme
Snviet. The forms and metnods of discussing these questions at the .sessione
are also quite diverse. As a rule, the Chairman of the Pr~sidium of the Supreme
Soviet addresses the delegates; moreover, both in the form of individual
reports on the summary reports of the Presidiums and reports in which, along
with the issue of the summary report, there is included a characterization
of the Ukazes which are to be ratified by the Supreme Soviet. [5, 6] Other
methods were also practiced: There were no reports at all at the sessions;
reports on the work of the Presidiums and draft decrees of the Supreme Soviets
on these issues were handed to the deputies in written form. [7, p 229; 8]
The existing practice speaks about still another special characteristic of
the examination of the Presidiums' sutmnary reports. As a rule, dfscussion
of these matters was not opened up at the sessions of the Supreme Soviet.
At [he same time, the report "On the Activities of the Presidium of the Supreme
Soviet of the Lithuanian SSR in Exercising its Constitutional Authority During
the Period of the Ninth Convocation," for example, was discussed at a session
of the Supreme Soviet rather extensively, and six deputies spoke on it in
the discussions. In the decrees on the results of the examination of the
summary reports which were adopted by the Supreme Soviets an evaluation is
given of the activities of the Presidiums and concrete tasks for the future
are defined. In the future there is no doubt that there will be an enrichment
of this practice and the addition fo it of new content.
During the past decades a large amount of experience has been accumulated
in the hearing by the Supreme Soviets of Presidium reports. Its use under
present conditions is being combined with active creative searches. New
elements are being added to the content side of the reports. Let us take,
for example, the first session of the Supreme Soviet of the Estonian SSR,
Tenth Convocation (March 1980). The report of the Presidium's Chairman treated
the tasks of both the republic's Supreme and its local Soviets. The consti-
tutional norms on electors' instructions gave rise to reports of the Presidiums
devoted to the work of the Soviets on the electors' instructions. [9, 10]
New Phenomena in the Activities of the Supreme Soviets and Their Agencies
in Exercising Control Over the Work of the Councils of Ministers
At the basis of this process is the development and perfecting of the conti-
tutional guarantees of the leadership of the supreme representative agencies
of state power with regard to the government. The constitutional formulas
have been further concretized in the laws on the Councils of Ministers, the
Regulations of the Supreme Soviets, and the Regulations on the Permanent
Committees of the Supreme Soviets. The laws on the Councils of Ministers
have established, in particular, rules which oblige the governments to present
statements about their forthcoming activities for the consideration of the
Supreme Soviets (Article 5 of the Law on the USSR Council of Ministers and
the corresponding articles of the republics' laws of the same name). The
new prescriptions have already been embodied in practice. At the first sessions
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' of the Supreme Soviets, Tenth Convocation, after the formation of the Councils

~ of Ministers, there were addresses by their chairmen on the future activities
of the governments led by them. In the past such statements were made only
in individual cases. Now their dissemination has become the real embodiment
of the demands of the present Constitutions.
A characteristic feature of the control over the activities of the Councils
of Ministers i~ the participation in it by the Supreme Soviets, their Presidiums,
permanent committees, and deputies; the chief position is occupied by the
Supreme Soviets themselves. A very important control instrument of the supreme
representative agencies in relation to the Councils of Ministers is the hearing
at sessions of the reports about their work. In practice, however, this is
not yet applied on all levels so that it would be useful to give more detailed
consideration, for example, to the experience of the Supreme Soviet of the
Chu vash ASSR. At the lith Session of the 9th Convocation (August 1979) a
report on the work of the government was examined here. There was a thorough
discussion of the report of the Chairman of the republic's Council of Ministers.
Twelve deputies took part in the discussions. In his concluding words the
reporter replied to the questions which had been raised by the deputies.
The draft decree on the report of the Council of Ministers was examined pre-
liminarily by all of the permanent committees in whose name and on whose in-
structions the chairman of the legislative proposals committee made a propo-
, sal for adoption. One of the deputies proposed adding to the draft. The
Supreme Soviet adopted the decree with the addition included.
Much greater experience has been gained in using another method of session
control--the hearing of reports by the Councils of Ministers on individual.
issues. They include the realization of proposals and criticisms made at
the sessions of the Supreme Soviets, which requires increased responsibility
by state and public agencies and officials with regard to the concrete work
sectors touched upon by the deputies. Since the end of the 1960's the hearing
of matters of this kind at the sessions of the Supreme Soviets has become
widespread in the republics, and, in addition, they are submitted both by
the Presidiums of the Supreme Soviets and b~ the Councils of Ministers who~e
leaders have addressed the sessions with information or reports. The existing
experi.ence is already being supplemented with new practice. First of all,
one should cite the resolution of such issues without the hearing of reports.
Thus, information from the Council of Ministers of Georgia on the results
of a consideration of the proposals and criticisms made at the Sixth Session
of the republic's Supreme Soviet, Ninth Convocation, was given to the deputies
- in written form; cognizance was taken of it by a decree of the Supreme Soviet.
The Presidium of the Supreme Soviet was given the responsibility for periodically
hearing reports by the Council of Ministers on its consideration and resolution
of issues posed by the deputies, while the government had the responsibility
oE hearing the reports of ministries and departments on the realization of
the proposals a~~d criticisms of the people's electees. [7, pp 326-335]
The following fact serves as a very marked manifestation of the perfecting
of the practice of exerci~ing control aut;iority on the basis of the present
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Constitutions: At the end of 1978 for the first time the 3genda of a session
of the USSR Supreme S~?viet had included in it the question regarding the ful-
fillment of the economic and social development plan for the current year
and a decree was adopted on the basis of the results of the discussion; sincP
then this has been practiced every year. A similar picture can be seen now
in all of the republics where considerable experience has already been gained
in this field before the adoption of the present Constitutions. We are speaking,
it is true, about the republics' economic plans. Many Supreme Soviets control
the realiza.*_ion of the state plans, discussing the state of a~fairs not at
the end of the period, but at sessions which were conventionally called "summer"
sessions. Reports on the execution of budgets for past years were also approved
at them. Thus, during the work of the Supreme Soviet of the UzSSR, Eighth
Convocation, such reports were included three times in the agenda of the
"summer" sessions (the first--July 1971, fifth--June 1973, seventh--August 1974)
It is important to emphasize that the practice which has become established
everywhere of the examination at the sessions of the Suprene Soviets of the
fulfillment of [he current year's plan and of the preceding year's budget,
along with the simultaneous approval of planning and budget laws for the forth-
_ coming year does not signify a rejection to the experience of past decades.
While using it at the current stage, it is necessary to make comprehensive
use of the new prerequisites and possibilities for enriching the practice.
In characterizing the new experience from these positions, it would be useful
to single out the inclusion of overall problems in the ag~nda of the sessions
of the Supreme Soviets. In July 1978 the Supreme Soviet of Armenia discussed
the question of "On the Course of the Fulfillment of the Law on the State
E^onomic and Social Development Plan of the Armenian SSR For 1978 and the
Law on the State Budget of the Armenian SSR For 1978; and the realization
- � of the recommendations of the permanent committees and the proposals of de-
puties made at the Sixth Session of the republic's Supreme Soviet." This
can be seen, in this case the Supreme Soviet, in essence, engaged in the exami-
nation of a whole complex of interconnected problems the discussion of which
in the middle of the year left until its conclusion substantial reserves of
time for eliminating the shortcomings in the fulfillment of the planning and
budget laws.
Reports by the Councils of Mini~ters also on narrower questions are practiced
at the sessions of the Su~reme Soviets. Frequently they throw light upon
various aspects of the realization of the economic and social development
plans; for example, the tasks of state agencies to ensure their fulfillment.
Frequently the reports characterize the fulfillment of plans only within in-
dividual branches of economic and social and cultural construction. In this
area the USSR Supreme Soviet and the Supreme Soviets of the republics have
the solid experience of previous decades. In complete accord with the principle
of continuity, it has continued since the adoption of the present Constitutions.
[11, 12] In addition to reports on certain matters, communications and infor-
mation from the Councils of Ministers are heard at the sessions of the Supreme
Soviets. In addition to the constitutional norms, of great importance for
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the development of this practice are the new legal prerequisites--the
1 September 1980 Ukaze of the Presidium of the USSR Supreme Soviet "On the
Organization of Work With Electors' Instruction," and the corresponding republiC
acts which have expanded the juridical basis of control over the fulfillment
of the instructions.
As a result of the direct influence of the USSR Constitution, on the level
of the USSR there has formed the new practice of the hearing of communications
from the USSR Council of Ministers about the fulfillment of the commissions
stipulated by the laws on the USSR state economic and social development plans
and the USSR state budgets. This took place for the first time in May 1978;
since that time the Presidium of the USSR Supreme Soviet regularly hears reports
about what measures are being taken by the USSR government to carry out the
decrees of the USSR Supreme Soviet and to realize the suggestions of committees
and individual deputies. "This is an important innovation," emphasized the
Chairman of the Presidium of the Supreme Soviet L. I. Brezhnev in his address
at the 1 April 1981 sitting of the Presidium, "and thanks to it the mechanism
of socialist democracy has begun to operate more efficiently and effectively."
[3] Similar experience is actively developing in the union republics. The
Presidiums of the Supreme Soviets examine information reports and hear communi-
cations from the Councils of Ministers which concern not only the realization
of the commissions of the Supreme Soviets which have been given during the
discussion of the plan and budget, but also the fulfillment of the laws which
have been adopted on them. [13, 14]
There exists a substantial experience in the exercise of control by the Pre-
sidiums of the Supreme Soviets over the Councils of Ministers and other agencies
on their realization of the recommendations of the Permanent Committees and
the criticisms and suggestions of deputies regarding not only the plan and
the budget, but also many other issues which are considered at the sessions
of the Supreme Soviets. The posing of important problems of a general character
gives rise to great interest. Thus, the Presidium of the Supreme Soviet of
the Turkmen SSR discussed the communication by the Chairman of the Council
of Ministers "On Work in the Council of Ministers Turkmen SSR and in the
Republic's Ministries and Departments With the Criticisms and Suggestions
- Made by Deputies at Sessions of the Supreme Soviet Turkmen SSR, and Also With
Letters Which Are Received in these Agencies From Deputies." It is interesting
that as a result of a consideration of the question, in addition to the decree
which was adopted on it, at this same sitting (11 December 1979) approval
was given to a Regulation on the procedure for considering and examining in
the state and public agencies of the republic the letters of deputies, the
suggestions of th~ permanent committees of the Supreme Soviet Turkmen S$R,
and the criticisms and suggestions made at the sessions of the Supreme Soviet.
It has to be noted that Regulations and Rules on questions of an analagous
character had been issued in a number of republics as early as the 1960's.
at the present time it would be useful to renew them, and also to work out
new acts of a similar kind, which would make it possible to strengthen and
add to the normative procedural base of the execution of control authority
by the Supreme Soviets and their agencies.
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In the Regulations of the Supreme Soviets, and in the articles which are de-
voted to control over the work of the Councils of Ministers, along with others,
the authority of the Supreme Soviets and their Presi~iums (durin~ the period
between sessions) is fixed for the hearing of reports by m:_nisters, chairmen
of state committees, and other members of government. ~It should be said that
summary reports, reports, and communications from ministries and departments
were widespread also under the previous Constitutions. At the present time,
this practice is greatly expanded. Thus, the Supreme Soviet of the Ukraine
discussed the report of the Minister of Public Health "On the State of and
Measures to Improve Medical Services for the Republic's PoFulation in the
Light of the Points of the USSR Consti[ution and~the Constitution of the
Ukrainian SSR and the Ukrainian SSR Law on Health Care" (Jt:ly 1979).
Control over the work of the ministries and state committeE~s by the Presidiums
of the Supreme Soviets has become stronger. Today a great deal more attention
is devoted to the activities of these agencies in carrying out the laws on
the plan and budget and accomplishing concrete economic and social and cul-
tural tasks in their fields of management. As for the meaiis which are used,
most frequently at the sessions of the Supreme Soviets and meetings of the
Presidiums the practice is reports, communications, and in*ormation from the
leaders of the above agencies. Summary reports occur more rarely. Their
wi~~Pr dissemination in the future will make it possible to more fully embody
the norms of the new legislation in practice.
The Permanent Committees of the Supreme Soviets participate in the mechanism
for exercising the control function of the supreme represe~tative agencies
of power. In addition to the constitutional prescriptions regarding control
by the permanent committees over the activities of state a.gencies and organi-
zations and the mandatory consideration of the recommendations of the committees,
this authority of the committees has an additional juridical backing. The
Regulations on the Permanent Committees give them the right to "go to the
Council of Ministers with proposals" (Article 24 of the Regulation on the
Permanent Committees of the Chambers of the USSR Supreme Soviet, Article 23
of the Regulation on the Permanent Committees of the RSFSR Supreme Soviet,
Artilce 22 of the Regulation on the Permanent Committees of the Supreme Soviet
of the Bashkir ASSR). At the same time, these same articles proclaim such
an important guarantee of the participation by the committees in exercising
control as the right of inquiry with respect to the Council of Ministers
and the ministers and leaders of other agencies which are formed by the
Supreme Soviets.
The above subjects may also be addressed with an inquiry from a deputy, which
is the control instrument of the Supreme Soviets over the work of the corre-
ponding agencies of considerable importance. The present Constitutions have
created serious prerequisites for the more active use and increased effectiveness
of this means. The previous Constitutions did not establish the obligation
of officials to give a reply to an inquiry at the same session at which it
was made. The hearing of the reply at the following session was permitted.
Now the Constitutions exclude such instances, for they directly stipulate
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that the Council of Ministers or an official to whom an inquiry is addressed
must give an oral or written reply at the given Supreme Soviet session. The
rules of the Regulations in accordance with which the Supreme Soviets adopt
decrees on the replies to inquiries are of great importance for strengthening
the legal basis of the procedure for examining inquiries and increasing their
results (Article 33 of the Regulation of the USSR Supreme Soviet, Article
59 of the Regulation of the RSFSR Supreme Soviet, Article 55 of the Regulation
of the Supreme Soviet Bashkir ASSR). In this way, the normative support for
the order and procedure of realizing the right of inquiry is being expanded:
Today the adoption of acts by the Supreme Soviets on the results of the dis-
cussion of inquiries is mandatory, which in the past was not always the case
due to the absence of the corresponding legal demands.
All of this is promoting an increased role for the inquiry, and stimulating
the realization of this right. At the same time, there are substantial reserves
here, especially in the use of the inquiry right by the permanent ~ommittees.
A deepening of the content of the inquiries is being caused by new phenomena
and legal establishments. Among them are the Codes of Laws of the USSR and
the union republics and the introduction of planning into the practice of
the law making process. The above points have determined the exercise by
the Presidiums of the Supreme Soviets of control over the activities of agencies
' in the fields of legislative work. The existence in this matter of gaps,
- omissions, and shortcomings* is the basis for inquiries by deputies and the
permanent committees to the various agencies which participate in the working
out or renewal of legal norms and in the preparation of the Codes of Laws
of the USSR and republics. The next way of increasing the role of the inquiries
can probably be regarded as a further expansion and strengthening of the legal
base of its realization by means of the development of a special law. This
conclusion follows, in particular, from an analysis of the materials of the
practical activities of the Supreme Soviets. Although the Law on the Status
of People's Deputies in the USSR contains definite criteria for demarcations
between an inquiry, address, and a yuestion by a deputy, the needs of practice
are making a finer legal regulation in this sphere necessary. The inadequacy
of juridical support results from the fact that in practice these differences
are sometimes not fully considered with the result that the same procedure
is employed for examining a deputy's inquiry, address, and question. As a
result, there is a decrease in the importance of the inquiry as a special
means of control by representative institutions of the work of other agencies.
There is a clear need for a clear definition of the content of an inquiry
with a juridical norm. The procedure for making and examining an inquiry
is also in need of more de[ailed legal regulation.
*Their essence is revealed in the decrees of the Presidiums of the Supreme
Soviets on the fulfillment of legislation plans. [15-20]
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Perfecting the Control of the Supreme Soviets Over the Work of Other State
Agencies which are Accountable to Them
The present Constitutions have expanded the circle of the agencies which are
formed by the Supreme Soviets. The Committees for People's Control have been
included among them. The Law on People's Control in the U~SR binds the Commit-
tees for People's Control of the USSR and the union and autonomous republics
to present, no less frequently ttian once during the period of their authority,
reports on their activities to the Supreme Soviets and to systematically report
on them to their Presidiums (Articles 12, 13, 14). The cor.stitutional defini-
tion of the status of the Committees for People's Control and the strengthening
of the legal basis of their activities has promoted the effective realization
by them of their functions. New elements have also appeared in the leadership
of the Committees for People's Control by the Supreme Soviets. Interesting
in this respect is the lOth Session of the Supreme Soviet of the Lithuanian
SSR, Ninth Convocation (June 1978), at which the chairman of the Lithuanian
Committee for People's Control delivered the report "On the Condition of State
Discipline in the Republic's Industry and on the Measures t.o Strengthen It
in the Light of the Decisions of the 25th CPSU Congress." The deputies also
- heard co-reports by ths Supreme Soviets' Permanent Committees on Industry
and Construction, Planning and Budget, and Consumer Goods. The realization
of the constitutional norms expanding the number of state agencies and offi-
cials to whom an inquiry may be addressed presupposes the active development
of the practice of deputies' inquiries also to the leaders of Committees for
State Control. As a result, the scope of the Supreme Soviets' control over
the above agencies will increase. It should be emphasized that on the basis
of the new legislation reports on the work of the Committees for People's
Control at meetings of the Presidiums of the Supreme Soviets have recently
become widespread.
During the period of the effect of the new Constitutions ttiere has been a
marked enrichment of the practice of the exercise of contral authority with
respect to the Supreme Courts which are elected by the Supr�eme Soviets. The
corresponding rules are also contained in the previous Constitutions, but
on the basis of the new ones they have been developed in ot:her acts. Thus,
the Law on the USSR Supreme Court contains a special artic].e "The Accountability
of the USSR Supreme Court" (Article 10). In it it is estat?lished that the
judges and people's assessors of the Supreme Court are resE~onsible to and
report to the USSR Supreme Soviet. No less than once durir?g the period of
its authority the USSR Supreme Court presents a report on its activities to
the USSR Supreme Soviet and systematically reports on them to its Presidium.
The latter rule has also been fixed in the new republic laws on jurisprudence
(Article 53 of the RSFSR Law on Jurisprudence). Its inclusion also in the
Regulations of the Supreme Soviets and, moreover, in the chapters on the control
authority of the Supreme Soviets is characteristic (Article 62 of the Regulation
oE the USSR Supreme Soviet, Article 58 of the Regulation of. the RSFSR Supreme
Soviet, Article 54 of the Regulation of the Supreme Soviet of the Bashkir
ASSR).
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An indicator of the effectiveness of the new prescriptions of the Constitutions
Rnd oE the acts which developed them is the fact that now substantially more
attention is being devoted to the Supreme Courts an~i, above all, by the Suprethe
Soviets themselves. This thesis is confirmed by a comparative analys~~s of
the materials of the sessions of the Supreme Soviets at which the Supreme
Courts were elected. They show th~~ in the past the essence of their examina-
tion consisted chiefly in determining the quantitative and personnel composi-
tion. After the adoption of the 1977 USSR Constitution it is possible to
trace more and more clearly an appreciable expansion of the content side by
means of a characterization of the general results of the work of the Supreme
Courts in connection with the expiration of their period of authority and
the most important and topical issues of their future exercise of justice. ~
The Presidiums of the Supreme Soviets are assigned a serious role in the mechan-
ism oE the realization of control author~ty with respect to the Supreme Courts.
At their meetings reports are heard about the work of the Supreme Courts during
one or another period, and also information and communications which concern
various of its aspects. Here, the principle of the independence of judges
and people's assessors and their subordination only to the law is observed
impeccably. The Presidiums do not intervene in the examination by the Supreme
Courts of concrete cases.
In accordance with the USSR Constitution, the USSR General Procurator is appointed
by the USSR Supreme Soviet to which he is responsible and accountable. During
the period between sessions the General Procurator is responsible to the Pre-
sidium of the Supreme Soviet (Article 165). Compared to the previous legal
regulation, the Law on the USSR Procurator has developed and supplemented
the constitutional point by means of the establishment of the following rule:
"Not less than once during the period of his authority, the USSR General Pro-
curator presents a report about his work to the USSR Supreme Soviet and syste-
matically reports on it to the Presidium of the USSR Supreme Soviet" (Article
6). A prescription of this kind does not apply to the procurators of the
union and autonomous republics. At the same time, I believe that there are
grounds for asserting that a process is occurring of the strengthening of
the interaction between the Supreme Soviets of the republics and the republic
procurators in the accomplishment of specific tasks. Of great interests in
this respect is the fact that at a session of the Supreme Soviet of the Tajik
SSR the reporter on the question of "On Measures to Strengthen Socialist
Legality and Public Order in the Republic in the Light of the Demands of the
USSR Constitution and the Constitution of the Tajik SSR" was the republic's
Procurator. On the basis of the results of the discussion, the Supreme Soviet
adopted a decree binding state agencies to carry out concrete measures to
eliminate the shor[comings which had been discovered. It is also addressed
to the Procurator of the Tajik SSR to whom it is said: "To take additional
measures to strengthen supervision over the exact execution of the law by
all ministries, departments, enterprises, insti[utions, and organizations
and officials and citizens." [21] It is also very common to have reports
by procurators at meetings of the Presidiums of the Supreme Soviets where,
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in addition to their reports, their communications and inf~~rmation on various
issues, especially in the field of the observance of the law, are examined.
The analysis which has been made shows that the constituti~~nal norms, operating
directly, and also in a complex with the rules of other ac=s, work as an
effective instrument for strengthening the dominant democratic tendency of
the development of our supreme representative institutions�--a further~increase
in their role and a strengthening of their leadership over all other state
agencies.
BIBLIOGRAPHY
1. "Materials of the 25th CPSU Congress," Moscow, 1976, p 80
2. "Materials of the 25th CPSU Congress," Moscow, 1981, p 64
3. VEDOMOSTI VERKHOVNOGO SOVETA SSSR, No 14, 1981, p 401
4. "Meetings of the Supreme Soviet of the Azerbaijan SSR, Ni;ith Convocation,
Eighth Session. Stenographic Report," Baku, 1978, p 120
5. "Meetings of the Supreme Soviet of the Georgian SSR, Ninth Convocation,
llth Session. Stenographic Report," Tbilisi, 1979, pp 107-114
6. "Meetings of the Supreme Soviet of the Adzhar ASSR, Ninth Convocation,
13th Session. Stenographic Report," Batumi, 1980, pp 348-353
7. "Meetings of the Supreme Soviet of the Georgian SSR, Ninth Convocation,
Seventh Session. StenoRraphic Report," Tbilisi, 1978
8. "Meetings of the Supreme Soviet of the Abkhaz ASSR, Ninth Convocation,
Seventh Session. Stenographic Report," Sukhumi, 1978, p 350
9. "Meetings of the Supreme Soviet of tbe Belorussian SSR, Ninth Convocation,
Tenth Session. Stenographic Report," Minsk, 1978, pp 183-201
10. "Meetings of the Supreme Soviet of the Kirghiz SSR, Ninth Convocation,
Ninth Session. Stenographic Report," Frunze, 1978, pp 180-191
1t. "Meetings of the Supreme Soviet of the Armenian SSR, Ninth Convocation,
Tenth Session. Stenographic Report," Yerevan, 1979, pp 5-69, 183-189
12. "Meetings of the Supreme Soviet of the Estonian SSR, Ninth Convocation,
12th Session. Stenographic Report," Tallinn, 1979, pp 4-94
13. VEDOMOSTI VERKHOVNOGO SOVETA TA JZHIKSKOY SSR, No 15, 1980, p 26
29
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14. VEDOMOSTI VERKHOVNOGO SOVETA ARMYANSKOY SSR, No 10, 1980, pp 120, 121
15. VEDOMOSTI VERKHOVNOGO SOVETA SSSR, No 1, 1980, p 3
16. Ibid.~, No 2, 1981, p 49
17. VEDOMOSTI VERKHOVNOGO SOVETA RSFSR, No 43, 1980, p 1371
18. VEDOMOSTI VERKHOVNOGO SOVETA UKRAINIAN SSR, No 7, 1979, p 71
19. SP BSSR, No 15, 1980, p 337
20. VEDOMOSTI VERKHOVNOGO SOVETA I PRAVITEL'STVA LATVIYSKOY SSR, No 5, 1979,
pp 2070-2071
21. "Meetings of the Supreme Soviet of the Tajik SSR, Ninth Convocation,
lith Session. Stenographic Report," Dushambe, 1979, pp 238-297, 366-370
" COPYRIGHT: Izdatel'stvo "Nauka", "Sovetskoye gosudarstvo i pravo", 1982
2959
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NATIONAL
NEW DEBATE ON SOVIET LAF1 AS A SYSTEM BEGINS
Moscow SOVETSKOYE GOSUDARSTVO I PRAVO in Russian No 6, Jun 82 pp 80-110
[Roundtable discussion: "T[ie System of Soviet Law and ItH Development Pro-
spects"]
[Excerpt] The SOVETSKOYE GOSUDARSTVO I PRAVO editorial baard proposed to the
participants in a roundtable sessian in Zvenigorod discuesion of the following
questions: 1) patterns~ of the development of law under tt?e conditions of ma-
ture socialism and the de~mands~made on the s;atem of Sovir.t law; 2) methodologi-
cal probleme of a study of the system of l~w; 3) grouads for the division of
law into branches; 4~ development trends uf the correlatiun of different
branches; 5) correlation of the system of Snvtet law and the system of legis-
lation; 6) the system of law and tFie system of legal science; 7) prnblems of
comprehensive brancltes of law, legislation and legal science; and 8) basic
trends in the development of the s3?stem of law in foreign countrfes.
M.I. Piskotin, chief editor of the ~ournal, observed in:ttee introductory re-
marks that the sub~ect submitted for discuasion by the participants in the
round table is of great interest to the repreaeatativea of narious branches
of legal science. We are beginning, albeit in new form, essentially the third
general debate on tfie system of law. TCie first debate, which took place in
the period 19 38-1940, laid the foundations of the notions concerning a system
of Soviet law, which have largely been preserned through the present. The
subject of legal regulation was at that time put forward as the criterion
of the di~ision of law into branches. Proposed for the .first time by M.A.
Arzhanov, this criterion atru;,k everyone bq its simplicity and clarity.
True, its inadequacy was pointed out even at that time. Thia was done by
S.N. Bratus',2 He emphasized the si~ificance of the method as a c3iassifica-
tion indicator in constructing a aystem of law. However, the atmosphere in
which the deb ate was conducted did not permi.t the evaluation and use of these
observations. Nonetheless, in 1946 S.F. Kechek'qan continued S.N. Bratius " s
reflections concerning the connection of the subject and the method of legal
regulation, although he endeavo~ed to prove the impossibility of the division
of law into branches by method. When, however, debate on the subject of
civil law resumed in 1954, the ma~ority of its participants deemed it neces-
sary to uae method together w~th the sub~ect as an additional criterion for the
classification of Soviet law.
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The secvnd general debate on the system of Soviet law sprang up in 1956.
While paying tribute to the subj ect of legal regulation, virtually all its
participants emphasized the inadequacy of this criterion in itself.s The
conclusion as to the need to regard it together with the method of legal
regulation as the general and even single grounds for tTie division of law in- .
to b ranches won almost universal recognition. At the same time it was pointed
out that a"certain unity" in the complex of social relationships regulated by
law and "the state's ob3ectively conditioned interest in the independent re-
gulation of tfiis complex of relationships" are important prerequisites of
the separation of braaches of law.6
The summary works specially devoted to this sub~ect which have appeared since
the se cond debate have plaqed an appreciable part in the development of
theoretical knawledge of the 8ystem of Soviet law.~
It would appear that the questi~on of the system of Soviet 1aw requires new
discussion with regard for current conditions and the demands af the society
of .~ature socialism. We can point to a nuinb~er of circumstances lending great
urgeitcy to this problem.
Legis lation, which has always been the main and moat active factor of the de-
velopment of a system of law, has developed rapidly in recent decades. A
new USSR Constitution and new union and autonomous republic constitutions have
been adopted. Laws of great importance have been created on the basis of
these. New branches of legis�lation have emerged with the increased scale of
economic and sociocultural building and under the conditions of scientific~
technical progress. A nw~her of areas of state activity (planning, for ex-
ample) have been put on a firmer legal footing. As a whole, Soviet legisla-
tion has become far more voluminous and ramified. It requires in-depth com-
prehension, from the viewpoint of its formation, structure and general prop-
erties. This task is of all the more significance in that work is being per-
formed currently on the Consolidated Statues of the USSR, and the process of
the renewal and development of legislation based on the 1977 USSR Constitution
is con tinuing. Questions of the division of the law into branches, subbraaches
and institutions andthe correlations between structural subdivisions of the
law are of direct practical sigaificance in this plane.
The 26th CPSU Congress set the t ask of completion of the transition to a
predominantly intensive path of development and an increase in the efficiency
of the economy. "Planning, scientific-technical and atructural policy," t~e
CPSU Central Co~ittee Report to the 26th party congress said, "should be sub-
o~+dinated to the accomplishment of this task. Methods of economic planning
and policy in the management sphere must also work for efficiency." The
entire system of Soviet law is also called on to serve such goals.
Legal science as a whole reflects these social requirementR. Development of
the theoretical principles of the system of Soviet law has continued in recent
years. The role of the Bas~c Law in the denelopment of all branches of law
and in securing "the unity of legislative regulation on the entire territory
of th e USSR..." (clause 4, article 73 of the USSR Constitution) has been
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revealed in increasingly great depth since the adoption o.E the USSR Consti-
tution in 1977. There has been increased attention to qw:stions of the compre-
hensive forward planning of regulating activity and an in~:rease in the role of
the law in the intensification of the Soviet economy. Tlie problem of compre-
hensive branches of the law, which has assumed particular:ly appreciable signi-
~ ficance in connection with the debate on the sub~ect of ec~momic law, is being
discussed; the idea of agricultural and nature-conservati~~n law is being ad-
vanced; the law of social security is being separated out; and a number of
thoughts is betng expressed in support of the separation ~~f other branches of
law. In a word, a tiroad frame of questions has been acc~imulated in need of
discussion and scientifically substantiated solution. An~i this can be achieved
solely on the basis of the solution of general queations ~oncerning the funda-
mental principles and patterns of the construction and de�velopment of a system
of Soviet law.
The question of a system of law is closely connected with the question of a
system of legal science, which also does not remain invariable. The general
theory of state and law is subdivided into two separate b ranches of knowledge
--the theory of state and the theory of law. "Sociological partners" are
emerging in a number of traditional branches of legal science. Together with
criminal law criminology is developing, together with administrative law the
theory of state control is taktng shape, attempta are being made to create
political acience and so forth. Are tliey entirely or partia3ily incorporated
in the system of legal science, what is their place in this syatem, hoo7 are
they correlated with the traditional branches of legal science--these queations
also need to be discussed.
The USSR Constitution proclaimed the need for a strengthening of the legal
basis of state and public life (article 9). ~'he accomplishment of this task
is largely connected with the development and improvement of legi_slation. But
it is no less important under current conditions to ensure the observance of
legislation and increase its effectiveness. In this connection tremendous
significance is ~ttached to an increase in the syatemic nature of law and its
comprehensiveness :~nd the concerted actionaif all its branches and institutions,
which is directly related to the question of a system of law.
A natural process of differentiation and specialization is under way in legal
science and practice. This is a result of the fact that the volume of legis-
lation is grawing and becoming increasingl,y diversified; and together with the
traditional types of law-en~orcement activity new ones are appearing. Dif-
ferentiation and specialization are helping the more akilled and professional
study and administering of the law. But they also have a reverse, negative
side inasmuch as they frequently contribute to the formation of a purely branch
view of legal phenomana. I believe that upon an examination of the question of
a system of law and its development prospects it is essential to strengthen
the all-system, comprehensive view of it and together with the division of law
into branches to analyze it as a whole and see its integrational properties
and all-system features. Nor in this cunnection can the problem of an improve-
ment in Soviet legislation be reduced to the development of its individual
branches and institutions but must incorporate an~ improvement in its general
foundations and principles and the coordination and interaction of its com-
ponents. "...Law must not only correspond to the general economic situation
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and not only be an expression thereof but also be an intrinsically concerted
expression which will not repudiate itself by virtue of internal contradic-
tians"8--these words of Engels are of great relevance.
The fund8ment~ properties and features of Sovie t socialist law are revealed
not only via the "essence of the law" category iiut to no less an extent via
the "sqstem of law" category. Having shown merely the branches into which
Soviet law is divided, we can as yet say very little about its properties as
a system. The latter are n~evealed upon a meaningf~l analysis of the correla-
tion and interaction of different branches of law and their general thrust.
A most~important conclusion which may be drawn with reference to the develop-
ment o� the question of a system of Soviet law, proceeding from present-day
requirements, should evidently be a strengthening of the all-system approach.
This does not mean, however, that we must view law only in its entire~y. The
qualitative singularities of branches of law are so substantial that to ignore
them would mean undermining the yrery foundations of law and legality.
In ascertaining the patterns at the basis of the formation and development of
a system of Soviet law it is essential to atiide by certain methodological re--�
quirements. Among thes~e, I would like to mention first the historical-approach
method or, rather, tfie demand for the unity of the historical and the logical.
The development of a system of Soviet law and the theoretical ideas ~oncerning
it was brougfit about by the development of the system of social relationships
and, primarily, the evolution of the forms of organization of socialist social
production and the ideas- in this sphere . In the period of war co~m~nunism,
when the sphere of money-goods relationships was extremely limited and when
both the agricultural product (by way of grain requisitioning) and the industrial
product went ir~to a co~no~ fund and were centrally allocated therefrom, the
system of law which took shape was predominantly of the courmand-organizational
type. It left virtually no room for civil law and sharply increased the role
of administrative law, and that part of it, moreover, which regulatea the
command-executive activity of the state control authorities. War communism
as a whole was a forced policy. At the same time it reflected in some of its
aspects the theoretical views which had evolved by that time of the organi-
zation of the socialist econo~y and which had been expressed, in particular,
in the Russian Comm~ist Party (Bol'sheviks) Program adopted by the eighth
party congress (1919). This document proclaimed, for example, that "in the
sphere of distribution bhe Soviet atate's task at the presant time~.is to con-
tinue imswervingly to replace trade by the plan-based distribution of producta
organized on an all-state scale."9
Transition to the NEP was accompanied by a considerable reexamination of views
on the forms of the organization of the socialist econamy. The new economic
policy incorporated both a strengthening of the working class' alliance with
the peasantry and the replacement of requisitioning by tax in kind and the
transit~ion of state enterprises to cost accounting and the use of money-goods
relationships, and in this sense the NEP was not a temporary but permanent
- policy of the party. "Lenin's propositions concerning the combination of cen-
tralized planning with the develop~ment of the working people's initiative, the
use of money-goods relationshipa, cost accounting and material incentives to
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labor and tne combination of the interests of the society .~s a whole with the
interests of each individual worker are tod~y also m4st i~~ortant reference
points in the party's economtc policy."10 The implementation of all these
tneasures rquired an appreciable reorganization of the syst~am of Soviet law.
It is not fortuitous that it was at precisely that time th�3t the Civil Code
began to be developed: with the introduction of cost acco~.uiting and the de-
velopment of trade, money-goods relationships and contractual relations the
corresponding civtl-law regulation proved essential. Ther? was simultaneously
a reduction in tfie sphere of administrative command. Legialation aimed at
protecting the citizens' rights and legitimate interests w,3s developed. As
a whole, the legal basis of social Iife s~rengthened.
In examining the system of Soviet ?aw in its historical development we cannot
- fail to note that it has taken shape not by way of the simple addition to the
existing branches of new ones which have been on a level and equal par~:with
them but by a more complex path with an inner logic.
S.S. Alekseyev separates among branches of law the "profiling"11 or "fi.unda-
mental"12 branches. I belteve that from the viewpoint of the historical-
logical approacll they could rather be called pri~mary since they arose as the
result of the first, tnitial division of the law into branches, in accordance
with the subject and method of legal regulation in their unity. Administra-
tive, civil and crfminal law and the laws of criminal procedure and civil
procedure are such. Kolkhoz law was added to them later. They constitu~�ed
the first category of branches of law arranged under state (constitutional)
law, which is of fundamenta~ significance for all branct?~:3. But in accordance
with the process of the differentiation and the integraticn of social rela-
tionships accompanying it, differentiation and, in some ca~~es, integration in
the sphere of law are under way.13 As a result new branches are separating
off from the basic, primary branches. A second division of the law is under
way which is distinguished from the first by the fact that its basis is no
longer sub~ect and method in their unity but only the sub~ect and the criteria
which supplement it: unity of tfie relationships being regulated and the inter-
est of the state in their regulation. As a consequence of the second division
a second category of branches of law is emerging: labor, financial, land,
economic, family and corrective-labor law and legality control by the prose-
cutor's office. The process does~.nmt~;stop here. A third division of the law
has been observ~d in recent years as a result of which the law of social se-
curity, nature-conservation, mining, water and forestry law and so forth have
emerged. A fourth and subsequent divisions e~fected on the same grounds as
the second are possible in principle. Consequently, the sys'tem of law is of
a multilevel nature. In this connection it is particularly important upon
analysis thereof to use a systemic approach in the methodological plane.
By virtue of the multilevel nat~ra of the system of Soviet law and the patterns
of its development, its own hierarchy of branches has evolved in it. With a
certain modification the method (methods), princi~les and general part of the
source, "mother" branches extend to the "daugh~er" branches which have arisen
as a result of the second and svbsequent divisions, which must alw~ys be borne
in mind.
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Legal literature sometimes pays undue attention to determining the place of
this provision and institution or the other in tTie system of law. Conducting
a thorough demarcation between branches and institutions originating in a
single primary, main branch of law,and, consequently, based on a single fimda-
mental method is frequently a pedantic exercise. It is of a certain signifi-
cance only for tfie systemattzation of legislation and the delineation of
educational courses. But it is quite another matter when it is a question of
the prisoary branches~'or branches, institutions and provisions engendered by
various~primary brancfies. 3trict demarcation here is of fundamental signif-
cance since it is a question of essentially different methods of legal regula-
tion (civil-1aw and administrative-law regulation, for example).
There will inevitably be a further differentiation of the law with the develop-
ment and growing complication of social life and the appearance of new branches
of production and culture. New methods of legal regulation will possibly ap-
pear, which will create the prerequisites for the separation of new basic
branches of law. But while an ob~ective need for law e~cists, differences be-
tween groups of branches, whicfi are based on different methods of influencing
people's behavior and social relationsTiips, cannot fail to retain their signi-
ficance.
FOOTNOTES
n
1. M. Arzhanov, Principles of the Construction of a System of Soviet Social-
ist Law," SOVETSKOYE GOSUDARSTVO I PRAVO No 3, 1939, pp 26-35.
2. S.N. Bratus', "The Suti~ect of Soviet Civil Law," SOVETSKOYE GOSUDARSTVO I
PRAVO No 1, 1940, p 38.
3. S.F. Kechek'yan, "The System of Soviet Socialist Law," SOVETSKOYE (~OSUDAR-
STVO I PRADO No 2, 1946, pp 41-~0.
4. "The Stib~ject of Soviet Civil Law (Results of Debate)," SOVETSKOY GOSUDAR-
STVO I PRAVO No 5, 1955, pp 54 and on.
5. See Ts. A. Yampol'skaya, "The Place of Administrative Law in the System
of Soviet Socialist Law," SOVETSKOYE GOSUDARSTVO I PRAVO No 9, 1956, pp
92-'93; V.P. Yefimochkin, "The Question of the Principles of the Construction
of a System of Law," SOVETSKOYE GOSUDARSTVO I PRAVA No 3, 1957, pp 86-87.
6. L.I. Dembo, "Principles of the Construction of a System of Law," SOVET-
SKOYE GOSUDARSTVO I PRAVO No 8, 1956, p 91.
7. See I.V. Pavlov, "The System of Soviet So~ialist Law," SOVETSKOYE
GOSUDARSTVO I PRAVO No 11, 1958, pp 3-18; S.S. Alekseyev, "Obshchiye
teoreticheskiye problemy sovetskogo prava" IGeneral Theoretical Problems
of Soviet Law], Moscaw, 1961, ibid., "Struktura sonetskogo prava" [Struc-
ture of Soviet Law], Moscaw, 1975.
8. F. Engels, "To Conrad Schmidt," K. Marx and F. Engels, "Soch." [Works],
2d ed., vol 37, p 418.
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9. "The CPSU in Resolutions and Decisions of Congresses, Conferances and
Central Committee Plenumsy" Sth supple~rented and revl~ed edition, Moscow,
1970, vol 2, p 55.
lil . L.I . Brezhnev, "Leninskim kursom. Re~ i stat' i" jLenin's Way. Speeches
and Articles], Mc~scow, 1973, vol 2, pp 85-86.
11. See S.S. Alekseyev, "Stru�ture of Soviet Law," Moscow, 1975, p 213.
12. See S.S. Alekseyev, "Branches of Soviet Law: Problema, Initial Proposi-
tions," SOVETSKOYE GOS'[JDARSTVO I PRAVO No 9, 1979, pp 20-21.
13. See V.M. Chkhikvadze, Ts. A. Yampol'skaya, "The Syste:m of Soviet Law,"
SOVETSKOYE GOSUDARSTVO I PRAVO No 9, 1967, pp 32-40.
COPYRIGHT: Izdatel'stvo "Nauka", "Sovetskoye gosudarstvo i pravo", 1982.
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NATIONAL .
LABOR VALUES OF INTELLIGENTSIA FOSTERED HX HIGHER IDUCAT~pN~I. INSTITUT~ONS
Moscow OBSHCHESTVENNYYE NAUKI V SSSR: SERIYA I, PROBLEMY NAUCHNOGO KOI~IUNIZMA ir.
Russian No 3, May-Jun 82 (signed to press 27 Apr 82~ pp 102-107
[Review by P.I. Shlemin of book "Molodoy intelligent razvitogo aotsialisticheskogo
obshchestva" [The Young Intellectual in the Developed Socialist Society] by V.A.
Mansurov and K.G. Barbakova, USSR Academy of Sciences Institute of Sociological
Research, Moscow Izdatel'stvo "Nauka," 1981, 189 pages, bibliography pages 180-
188]
[~ceipt] Chapter 3 is entitled "The Process of Forming the Young Intelligentsia
in Soviet Society and Developmental Trends." Educational establishments instill
in young people the ba~es of their professional activity by setting up a system
of def inite knowledge and skills and imparting an interest in a profession. However,
firm professional interest is established only in direct dealings with profeasional
activity and in the quite protracted process of assimilating its most important
operations. With respect to the future young intelligentsia, the present students,
it is poesible to speak only of the probability of forming an interest in a future
profession but not of actual professional intereat." (page 106).
As young people become involved in the various social-professional groups in the
population the differencea between them in their interests and requirements and
the ways in which they spend their free time deepen, and typological and individual
traits are seen more clearly. In the authors' opinion the tendency that has arisen
in socialist society to combine training with direct professional activity is leading
to the disappearance of a young intelligentsia as a social group, with only certain
demographic attributes within the framework of society being retained" (page 108).
Professional maturity is a most important aspect of social maturity in the young
intelligentsia in a socialist society, although not identical with it. "The
building of comminism has led to the advancement of social activitT as a major
aspect of social maturity, an essential condition." (pages 112-113). Since the
intelligentsia is associated with production and the spread of spiritual values
and their use in various spheres of life, the forms and methods in the development
- of social activity in all groups of society depend largely on the level of social
maturity in the intelligentsia and the recognition of its unity with social and
personal ideals. Under the effect of the long process of education and self -
education of the individual and the training and influence of social relationsh ips
on him, social maturity is manifest in social activity.
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The development of professional and social activity is a most important task for
, the VUZ's. ~ne example of this is the creaf:ion of the stude~zt construction
detachments. Another traditional manifestation of students' social activity is
their participation in public work. The basis of the latter is both socially
significant 3nd instrumental motives (self-aff irmation, practical work with people
and so fortttj. Results from sociological studies have shown that the students
f:~om VUZ's teaching the humanities display the greatest public activity. The
greatest percentage of highly active students is observed am~ng the children of
kolkhoz farmers and the least among the children of workers and the production
intelligentsia.
Chapter 4 is entitled "The Social Portrait of the Young Intellectual." At this
time the business qualities of the young intellectual include not only professional
knowledge and experience, creative ab ility and init3ative, a~nd assiduity and self -
discipline, but also a com~nist conviction, moral maturity and so forth. Thus,
"a socially passiv~ individual in the young intelligentsia c�3nnot be professionally
active." (page 134).
Findings from sociological studies have shown that with resp~~ct to professional
and social activity the young Soviet intellectual "demonstrates the essential
qualities that have been objectively formed in the entire system in organic
interaction between basic professionally and socially oriented elements." (page
141). During the Seventies a marked rapprochment was noted ~etween individuals
of the young intelligentsia and young workers. These trends are realized through
the socialist way of life. In the authors' opinion, the spe~if ic nature of the
latter can be expressed by the single concept of "humanism." An orientation on
the values of the socialist way of life such as love of labor, internationalism,
patriotism, mutual respect, the desire to be of use to people and so forth is
typical of the spiritual makeup of most of the young intelligentsia. At the same
time a certain backwardness in world-outlook ideas is noted in individual
representatives of the young intelligentsia, primarily an unproductive backwardness
at a remove from the world-outlook ideals of working youth. Sometimes this
demonstrates inadequate sub3ective efforts by the young intelligentsia to overcome
this backwardness, which hampers its effective fulfillment of social and directly
professional functions. On the whole, however, at the prese~nt stage in the building
of co~unism a social type of individual has been formed among the young intelligentsia,
whose system of qualities enables him to effectively resolve the taeks facing the
young intelligentsia as a special social group.
COPYRIGHT: INION AN SSSR, 1982
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NATIONAL
BIOGRAPHIC DETAILS ON V. M. CHKHIKVADZE
Moscow SOVETSKOYE GOSUDARSTVO I PRAVO in Russian No 5, cfay 82 pp 132-133
[Information Item]
[Text] The Chief of the Sector of the Theoretical Problems of the Legal Status
of the Individual of the Institute of State and Law of the USSR Academy of
Sciences, the Corresponding Member of the USSR Academy of Sciences Viktor
Mikhaylovich Chkhikvadze has become 70 years old. V. M. Chkhikvadze is one
leading legal scholars of our country. For 45 years V. M. Chkhikvadze has
been performing teaching and scholarship. In 1938 he was appointed as a
teacher in the military juridical faculty, and in 1940 as the chief of the
department of criminal law of the Military Juridical Academy; he was then
appointed chief of the academy and he worked in this office until 1953. In
1953-1954 V. M. Chkhikvadze was secretary of the CC CP of Georgia, and was
elected as a deputy to the Supreme Soviet of the Georgian SSR, Third Convocation.
From 1954 through 1958 he was deputy director of the Institute and State and
Law of the USSR Academy of Sciences. In 1962 V. M. Chkhikvadze was appointed
chairman of the Juridical Committee at the USSR Council of Ministers. In
1964-1973 V. M. Chkhikvadze worked as director of the Institute of State and
Law of the USSR Academy of Sciences; in 1964 he was elected a corresponding
member of the USSR Academy of Sciences.
V. M. Chkhikvadze is the author of more than 250 scholarly works on the general
theory of state and law and of criminal and international law. Many of his
works have been translated and published in foreign languages. In his works
there is an analysis of V. I. Lenin's development of the Marxist theory of
state and law, and a description of V. I. Lenin's role in the creation and
development of the Soviet socialist state and law. Under his direction and
with his participation a number of collective monographs hae been published.
V. M. Chkhikvadze combines the qualities of a legal scholar and public figure.
In 1958 at the World Congress for Disarmament and Cooperation V. M. Chkhikvadze
was elected secretary and member of the Bureau of the World Peace Council.
From 1963 through 1973 V. M. Chkhikvadze was the deputy chairman of the Soviet
Committee for the Defense of Peace and a member of the Presidium of the Soviet
Committee for the Solidarity of the Asian and African Countries. He was also
elected as vice president of the Soviet Association of Friendship with the
Peoples of the Arab Countries and president of the USSR-Lebanon Friendship
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Society. V. M. Chkhikvadze was a delegate to sessions of t:he UN General Assembly,
and the leader of the Soviet delegation in the UN Special ~:ommittees on the
Principles of Peaceful Coexistence and Friendly Relations, and for the defini~
tion of aggression, he was a delegate at the International Conference on Human
Rights, and participated in the Madrid Meeting of the representatives of the
participant states in the European Conference on Security :~nd Cooperation.
In 1967 he was elected as vice president of the International Association
of Political Sciences; in 1966 he was elected as a full member of the Inter-
national Academy of Comparative Jurisprudence; and in 197c) as president of
the International Association of Legal Sciences.
V. M. Chkhikvadze has been awarded five orders and many USSR medals for his
services to the development of legal science and for his active public work.
For his services in the struggle for peace and cooperation between peoples
the World Peace Council awarded him the Gold Medal imeni Fcederico Juliot-
Curie . He has also received the Hungarian Order of "Peac~a and Friendship."
The editorial board of the journal SOVETSKOYE GOSUDARSTVO I PRAVO, a member
oE which V. M. Chkhikvadze has been for many years, and the editors of the
journal congratulate him on this important date and wish him health and new
creative successes.
Conversation With Corresponding Member of the USSR Academy of Sciences V.
M. Chkhikvadze
[Question] What do you regard as being the most important thing that you
have done in the field of legal science and education?
[Answer] I will begin with educ:ation. I began to teach at the Moscow Juridical
Institute in 1935, while I was a graduate student in the department of criminal
law; I also taught at the All-Union Legal Academy and in other of Moscow's
VUZ's. An important school for me was the Military Juridical Academy of the
Soviet Army within whose walls I worked for more than 15 years as a senior
instructor, chief of the department of criminal and military criminal law,
deputy chief of the academy for scholarly and instructional work, and chief
of the academy. Quite a few of my pupils became candidates and doctors of
juridical sciences and are now the country's leading scholars. I regard the
training of cadres of legal specialists--scholars and practical workers--as
a matter of paramount importance. I liked my pupils very much and am proud
of them.
In the field of scholarly work I would single out three directions: the develop-
ment of a theory of Soviet military law, a study of Lenin's heritage with
regard to the state, democracy, law, and legality, and an investigation of
the theoretical aspects of the legal status of the individual. For many years
I had to perform various duties connected with the organizational direction
of the development of juridical science, particularly in the Institute of
State and Law of the USSR Academy of Sciences; a great deal of effort was
made to provide assistance to the development of juridical science in the
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union republics. I always liked organizational work and it gave me great
moral satisfaction. I had to combine it with public political work: I par-
[icipated~in the work of the leading agencies of various international organi-
zations, delivered reports at international conferences, and participated
in the preparations for and holding of congresses and meetings of representatives
of the peace-loving forces, and also in the development of a number of inter-
national legal acts. The work in this direction was interesting for me and
useful.
[Question] Which features of an organizer of juridical science do you regard
as the chief ones?
[Answer] The ability to correctly define the.most important tasks of juridical
science for a given stage of the development of state and law and the ability
to mobilize the efforts of a collective to accomplish them. Organizational
leadership of the development of juridical science is a difficult and respon-
sible matter. To the extent of my strength and abilities I try to promote
the prestige of Soviet juridical science, the solution of the important problems
of its development, and the implementation of Lenin's principle of the partiynost'
of science. The scholars at the Institute of State and Law of the USSR Academy
of Sciences actively supported and helped me. It can be said that through
~he common efforts of the workers of our institute and of the entire Soviet
legal public definite successes ha _ been achieved of which we can justly
be proud.
The institute collec[ivetrusts me and is friendly toward me. In a word, there
is, as it seems to me, complete mutual understanding and an atmosphere of
comradeliness and mutual respect with, at the same time, great exactingness
and principle. I am prou~ of the fact that I work in a wonderful collective
to which I am obliged for a very great deal.
[Question] What are your personal plans for the future?
[Answer] As for my plans for the future, I would like, in particular, to
write a book on the topic of "The CPSU On the Soviet State, Democracy, and
Legality" and to continue my political work. The high state award--the Order
of Friendship of Peoples--which I was awarded in connection with my 70th birth-
day obliges me to work without let-up in order to justify the trust which
has been shown me.
The most favorable conditions have been created in the country for creative
work in the various fields of Soviet science. The party devotes an enormous
amount of attention to strengthening the Soviet state and to perfecting demo-
cracy and the law. No one since V. I. Lenin has done so much for the develop-
ment of Soviet statehood and the political legal system, for the strengthening
of socialist legality and law and order, and to increase the authority of
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legal science and the legal specialists' profession as the General Secretary
of the CC CPSU and Chairman of the Presidium of the USSR Supreme Soviet L. I.
Brezhnev. We are justly proud of the high evaluation which has been given
to the work of Sov~et legal scholars and practical workers in the documents
of the party and the works of L. I. Brezhnev.
COPYRIGHT: Izdatel'stvo "Nauka", "Sovetskoye gosudarstvo i pravo", 1982
2959
CSO: 1800/645
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REGIONAL
LABOR RESOURCE MANAGF.~tENT IN KAZAKHSTAN DESCRIBED IN NEW BOOK
Moscow OBSHCHESTVENNYYE NAUKI V SSSR: SERIYA I, PROBLEMY NAUCHNOGO K~IUNIZMA in
Russian No 3, May-Jun 82 pp 97-102
[Review by A. N. Vinogradov of the book "Podgotovka rabochikh kadrov v Kazakhetane i
ikh ispol'zovaniye" (The Training of Worker Personnel in Kazakhstan and Their Bm-
ployment) by N. A. Gulyayev, Alma-Ata: Kazakhstan, 1981, 135 pages.] .
[Excerpt] In Kazakhstan the acutenesa of the problem of ~abor resources and the in-
creased efficiency of their use is exacerbated primarily by the fact that a number
of cities have undergone one-sided developmeat. This does not make it possible to
involve the second and third members of a family in aocial production and this gives
rise to an outflo~w of the population or to an increase in the number of working-age
persons employed in housekeeping and on the private subsidiary farm. For eliminat-
ing the designated disproportions it is essential to improve the production struc-
ture and its territorial location. Moreover, there has been an outflow of youth
from rural localities into the city and as a result of this in the countryside a
less favorable age structure of the population has developed than in the cities (in
1979, the share of persons 16-39 years of age in the rural localities was around 30
percent and in the city around 45 percent). In rural localities the improved use of
labor resources is possible by enlarging the small population points the number of
which reaches 21,000 in the repub lic (p 18).
The high employment of the working age population in social production, the reduced
increase in labor resources caused by the drop in the birth rate and the increased
share of elderly persons point to limitations in the extensive use of manpower.
Actually the youth have become the only source for replenishing the working class.
This gives rise to specific prob lems in preparing young people for labor. An analy-
sis of personnel turnover in production has shown that the youth make up approxi-
mately two-thirds of the persons discharged at their own request (p 21).
The modern scientific and technical revolution has brought about fundamental changes
in the implements of labor and in the sectorial and vocational-skill structure of
the employed. In the industry of Kazakhstan, the number of inechanized flaw and auto-
mated lines has increased from 1,463 in 1965 up to 4,562 in 1977, the number of fully
automated sections and shops from 717 up to 2,134, the number of automated and fully
automated sections and shops from 221 to 520 enterprises and for sutomated and fully
automated enterprises from 84 to 182 (p 30, Table 5). Over 1960-1978, groas social
product in the republic has risen by 3.14-fold while the number of workers in the
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natic~nal economy has gone up by 1.94-fold, with the share of persons employed in
agriculture declining by 15.3 percent (p 33). The accelerated cievelopment rates of
science, education, public health, culture and art (the share o: persons employed
in these sectors has risen from 11.6 perc.ent in 1960 up to 17.8 percent in 1978
(p 35)) has caused a redistribution of the persons employed in ::avor of the nonpro-
duction sphere. The share of industrial workers performing worlc with the use of
machines and mechanisms as well as controlling the operation of automata and auto-
matic devices and their repair has increased from 40.9 percent :Cn 1965 to 46 percent
in 1979, while the share of workers engaged in manual labor not with machines and
mechanisms has declined from 37.3 to 30.8 percent. The proport:tonal amount of
skilled labor has increased by 3.6 percent while little-skilled labor has declined
by 1.4 percent and unskilled labor by 1.8 percent (p 46). Ther~. still is a large
gap in the level of inechanizing basic and auxiliary work. In 1!~75, the share of
workers whose educational and professional level corresponded tu the presen!: develop-
ment level of production (those having a specialized secondary education or a voca-
tional education in the vocational-technical schools and techni~~al schools) the
enterprises of machine building and metalworking, electric powe:c, the chemical and
petrochemical industries, in construction and in agriculture reached 14-25 percent.
At the enterprises of the coal industry and in mining and nonferrous metallurgy,
virtually 50 percent of the workers had an education of 6-7 grades. In 1970, in
Kazakhstan, per 1,000 persons employed there were 654 persons w.tth a higher and
secondary (complete and incomplete) education and in 1979, over 800 persons (p 51).
The second chapter is entitled "The Training of Skilled Workers and the Basic Direc-
tions for Improving This Under the Conditions of Scientific and Technical Progress."
In the stage of mature socialism, in the vocational and labor self-determination of
the youth, of special importance is vocational guidance carried out on a scientific
basis considering the age and other indicators in accord with the territorial and
sectorial requirements of society. According to the data given ia the literature,
the economic effect of vocational guidance in 1976 on a national scale wae 4 billion
rubles (p 60).
The youth who fill in the working class is marked by a number of features. Primari-
ly these are: great mobility, a high level of demands for the content, organization
and conditions of labor and for the psychological climate in th~ production collec-
tive; over the long run the most extended period of capacity to work; good indicators
of physical health; a high general educational level by the tim~ of entering working
life. These traits are gradually lost with an increase in age.
At the present stage, the author points out, the most effective forms of vocational
guidance and combining training with production labor are the iaterschool production
training centers (there are more than 100 of them in the republic), the production
training shops at enterprises and the training brigades in the countryside, the num-
ber of which already exceeds 2,500 in comparison with 1,221 in 1970 (pp 69-70).
The author considers it an incorrect practice when the secondary schools (with pro-
duction training) issue their graduates a certificate for receiving a specialty with
the designating of a category, since any labor training in school would be better
viewed not as a means of vocational training for the personnel but rather as a means
of vocational guidance. '
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The system of vocational and technical education has become the basic source for
filling out the ranks of skilled workers. In 1965-1979, the training of worker per-
sonnel in the system of vocational and technical education rose by 1.9-fold, and on
the job traiaing by 1.6-fold (p 83).
The ratio existing in Kazakhstan between these two forms of training ~aorker person-
nel (1:2.21, the author points out, is still not rational. The problem of increasing
the effective use of workers trained in the PTU [vocational-technical school] re-
mains very difficult and this is particularly characteristic for equipment operators
in the countryside. In 1976, 20,600 young workers obtained a vocati~~n and a second-
ary education in the republic's PTU, 40,100 in 1979; in the technical schools, the
figures, respectively, were 15,800 and 43,900 (pp 87-88). Actually in 1983-1985,
the Kazakh system of vocational and technical education will convert to training
skilled workers with a secondary education for the most mass professions.
In Kazakhstan each year around two-thirds of the new workers under~o on-the-job train-
ing. In 1975-1979, the number of workers trained on the ~ob rose by 9.4 percent
(P 97).
In the author's opinion, there must be a clearer delimitation in ~the contingent and
age categories of the workers trained in the PTU and on the job. All graduates of
the eighth-tenth grades who have chosen worker professions shoul~l pass through the
PTU system while the on-the-~ob training and course network should be used to train
and retrain worker personnel who have been freed under the influence of the scien-
tific and technical revolution or who have an interruption in their work; it should
also be used to train broad specialty workers.
The third chapter is entitled: "A Rise in the Skills of Worker Personnel--A Pattern
in the Reproduction of Skilled Workers." At present, the author stresses, the prin-
ciple of continuous vocational-technical education is one of the factors in increas-
ing the effic iency of social production and utilizing the labor resources. In 1975-
1979, in Kazakhstan, at the enterprises of the material production sphere, the num-
ber of workers engaged in all forms of skill improvement rose by 20 percent (p 106).
By their nature, expenditures on education and skill improvement of the workers are
close to capital investments in the national economy. As a whole for the USSR over
the last 20 years, regardless of the increased expenditures on education and
vocational-technical training, expenditures on fixed capital have grown more rapidly.
This is also characteristic for Kazakhstan. At present at the republic's enterprises
in the basic industrial sectors, with the socially necessary length of worker educa-
tion of 8.8-10.9 years, it in fact is 6.9-8.6 years (p 117). In the author's opin-
ion, "with the transition to intensive production development, it is advisable to
increase expenditures on the training of skilled personnel and on improving the
quality of the labor force" (p 116).
COPYRIGHT: INION AN SSSR, 1982
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