Constitution can be classified on various reasons. Depending on the method of objectification of the state will of the dominant class or the entire Society of the Constitution are divided into written, i.e. Compiled in the form of a single document, and unwritten - consisting of laws of parliament, containing the norms of constitutional nature, judicial precedents and legal customs.
Introduction 3.
Chapter 1. The historical aspect of the adoption of the 1977 Constitution. four
1.1. When developing a new constitution. four
1.2. The process of creating the Constitution of 1977. 6.
Chapter 2. Characteristics of the 1977 Constitution. nine
2.1. Thenells and structure of the 1977 Constitution. nine
2.2. After the freedom and responsibilities of a person, enshrined in the 1977 Constitution. eleven
2.3. Displays in the structure and functions of the state apparatus introduced by the Constitution. fourteen
Conclusion. 17.
List of used literature. eighteen
The main law of the USSR 1977 has the following structure:
I. Fundamentals of the social building and policy of the USSR (Ch.1-5: political system, economic system, social development and culture, foreign policy, protection of the socialist partician).
II. State and Personality (GL.6-7: USSR citizenship. Equality of citizens; basic rights, freedoms and duties of citizens of the USSR).
III. National-State Device of the USSR (GL.8-11: USSR - Union State, Union Soviet Socialist Republic, Autonomous Soviet Socialist Republic, Autonomous Region and Autonomous District).
IV. Councils of people's deputies and the order of their election (GL.12-14: the system and principles of the activities of the Councils of People's Deputies, the electoral system, the People's Deputy).
V. Higher state authorities and management of the USSR (GL.15-16: Supreme Council of the USSR, Council of Ministers of the USSR).
Vi. Basics of building state authorities and management in the Union republics (GL.17-19: Higher authorities of state and management of the Federal Republic of the Federal Republic, the highest bodies of state and management of the Autonomous Republic, local authorities of state and management).
VII. Justice, arbitration and prosecutor's supervision (ch. 20-21: court and arbitration, prosecutor's office).
VIII. Coat of arms, flag, anthem and the capital of the USSR.
IX. The action of the USSR Constitution and the procedure for its change.
The new Constitution of the USSR secured the position of the CPSU as the leadership and guiding force of the Soviet society, the core of its political system.
There is a further consolidation of the legal status of a person and a citizen. The main law of the USSR of 1977 is allocated chapter 7 "Basic rights, freedoms and duties of citizens of the USSR" (Article 39-69).
Compared to the 1936 Constitution, in the Constitution of 1977, new types of citizens' rights were emerged: the right to protect health and the right to housing. The chapter dedicated to the fundamental rights, freedoms and duties of citizens, not
only moved to the second section of the Constitution, entitled "State and Personality", but also increased almost twice by the number of articles (from 16 to 31).
Now the responsibilities of citizens, instead of four articles, was dedicated
eleven. At the same time, the revision of citizens' duties was changed,
enchanting in the Constitution 1936. So, the duty to "comply with the Constitution of the USSR and Soviet laws, respect the rules of the socialist hostel" was supplemented with the duty "with the dignity to carry a high title of a citizen of the USSR" (Art. 59).
Duty to protect and strengthen socialist property supplemented "Duty" Citizen of the USSR "to fight with the embezzlement and waste of state and public property, carefully refer to popular goodness."
"Enemies of the people" disappeared, this formula was replaced by an indication of
that "persons encroaching on socialist property are punishable by law" (Article 61).
The duty to work was preserved, and "evasion of socially useful work" was recognized as incompatible with the "principles of the socialist state". Relevant articles are some common prohibitions, and not the obligations of citizens as subjects of legal relations with the state. For example, Article 64 establishes that "the debt of every citizen of the USSR is to respect the national dignity of other citizens, strengthen the friendship of nations and the nationalities of the Soviet multinational state."
If, in accordance with the text of this article, you can assume what types of behavior are prohibited by a citizen, then conclude what actions are needed to fulfill this duty, it is almost impossible.
The same can be said about Article 65, which obliges a citizen "to respect the rights and legitimate interests of others, to be irreconcilable to antisocial actions, to fully facilitate the protection of public order."
In addition, this provision of the Constitution is trying to make the subject of legal regulation of human emotions ("respect", "irreconcilability"), which is in principle impossible. The subject of legal regulation can only be the behavior of people, but not their feelings and emotions.
Art.66 imposes on citizens the obligation to "take care of the education of children,
prepare them to socially useful work, raise worthy members
socialist society. Children must take care of parents and assist them. " Being a declarative and practically unsenongable execution, this article carries a certain ideological charge, pointing in which the parents are obliged to educate their children.
Obviously, this kind of declaration could not in any way affect real relations in the family, but the ideological doctrine required such a "decoration".
Art. 67 obliges the citizens of the USSR "Bear nature, to protect its wealth." This provision is interesting that the state here is shifting one of its very important tasks on the shoulders of all citizens.
The same can be said about Article 68, which proclaims debt and
the responsibility of citizens of the USSR care is concerned about the preservation of historical monuments and other cultural values.
Finally, Article 69 pinned the USSR citizen "International Duty", which was to "promote the development of friendship and cooperation with the peoples of other countries, maintaining and strengthening the universal world." Especially piquant This provision of the Constitution was perceived in the conditions of a tough restriction of any contacts of Soviet citizens with foreigners.
The Constitution proclaims that citizens of the USSR have all the completeness of socio-economic, political and personal rights and freedoms, proclaimed and guaranteed by the Constitution of the USSR and Soviet laws. The socialist system ensures empowerment of rights and freedoms, continuous improvement of the living conditions of citizens as the programs of socio-economic and cultural development. At the same time, the Constitution emphasized that the use of rights and freedoms should not cause damage to the interests of society and the states of the rights of other citizens. That is, in fact, personality rights have always been considered through the prism of the state of interest.
Like the previous constitutions. The main law of 1977 contains the characteristics of the state, its entity and tasks. The innovations were that in Article 1 reflected the nature of the USSR as a nationwide state, expressing the will and interests of workers, peasants and intelligentsia, workers of all nations and the nationalities of the country.
The preamble of the Constitution lists the main tasks of the nationwide state, and in chapters 2-5 - its economic, organizational, social and cultural, foreign policy and defense functions.
The Constitution of the USSR of 1977 contains many rules that (at least in verbal expression are aimed at further expansion and deepening democracy. For the first time in Article 9, specifically recorded,
The main direction of the development of the political system of the Soviet Society is the further deployment of socialist democracy: the increasing participation of citizens in the management of state and society, the improvement of the state apparatus, an increase in the activity of public organizations, strengthening public control, strengthening the legal framework of state and public life, expansion of publicity, permanent Accounting for public opinion.
The Constitution has envisaged a wide weighing of public and public in democracy, the active participation of citizens in addressing the problems of society and the state, both personally and through public organizations, labor collectives, public amateurness of the population (Article 7, 8, 48, 51).
Quite thorough in the new Constitution reflects the growing role of representative bodies of state power. Reflecting the fact of change (strengthening) of the social base of the state, the Constitution now gives them a new name - the advice of people's deputies. In addition, Article 2 is formulated so that it immediately shows the role of advice as the main form of the authorities of the people; It also recorded that all other state bodies are controlled and accountable to the Soviets.
The special role of the Soviets led to the inclusion in the Constitution of the Special Fourth Section - "Tips of People's Deputies and the order of their election", which has no analogue in previous constitutions. It consisted of the entire system of tips, increased from four to five years the term of office of supreme and from 2 to 2.5 years - local councils, provides for the leadership of the Councils directly and through the branches created by all branches of state, economic and socio-cultural construction, the adoption of them Decisions, ensuring their execution, the implementation of monitoring of decision-making, the principles of the activities of the Soviets are enshrined.
Tips form a unified system of state authorities. In this regard, each Council, including local, is a component of state power, which is not only authorized, to solve issues related to its territory, but also acts as a conductor of national policies. Any advice relies in their activities to the entire system of government bodies.
Unity of tips is combined with the separation of functions between their links. Characteristic features peculiar to every link of the Soviets - from the Supreme to the rural and settlement, are reflected in the legislative acts - the regulations of the Supreme Soviets, laws and decrees of various links of local councils. But this is not completed by the development of legislation on councils. With the formulation of the advice of new tasks, there is a need for each time the rights and obligations of a particular link will be specified, material resources that ensure the fulfillment of the tasks were determined.
The 1977 Constitution enshrines the already known principles of universal, equal, direct election law during a secret ballot. But it also contains a number of new moments: the decline in the age of passive electoral law into all the advice to 18 years (earlier for the republic's Supreme Soviets - 21 years), to the Supreme Council of the USSR - until 21 years (before that - 23 years); The right of citizens and public organizations to actively participate in the preparation and holding of elections; The possibility of election of a citizen is usually no more than two councils; assigning expenses for elections to the state account; The inclusion in the Constitution on the results of the nationwide discussion of the article on the punishments of voters.
The innovation was the inclusion in the Constitution of the special chapter on the People's Deputy; The basis for its creation was the USSR Law of 1972 on the status of people's deputies in the USSR.
Many standards of the 1977 Constitution were aimed at ensuring the legality in the country. For the first time, the principle of legality was recorded (Article 4) as one of the principles of the political system of society.
In the new Constitution of the USSR, it was recorded that the dictatorship of the proletariat fulfilled its task and the Soviet state became commonplace. The Constitution focused the system of government and management by the time. The supreme authority was the Supreme Council of the USSR, consisting of two chambers: Council of the Union and the Council of Nationalities.
Compared to the 1936 Constitution in the Constitution of 1977, new types of citizens' rights were emerged: the right to health and the right to housing. As well as the new Constitution of the USSR recorded that justice in the USSR is carried out only by the court.
1. Constitution (basic law) of the Union of Soviet Socialist Republics (adopted by the USSR aircraft 07.10.1977)
2. Avakyan S.A. Constitution Poccia: Nature, Evolution, modernity. - M:, 1997.
3. The history of the Soviet Constitution in the documents. - M., 1957.
4. Tikhomirov Yu.A. Constitutional law: the lessons of the past and a look into the future // Laws. - 1992.
Avakyan S.A. Constitution Poccia: Nature, Evolution, modernity. - M:, 1997. p.187.
The history of the Soviet Constitution in the documents. - M., 1957. p.154.
Tikhomirov Yu.A. Constitutional law: the lessons of the past and a look into the future // Laws. - 1992. - №6. P.18.
Freight and duties of personality enshrined by the Constitution.
This status correlates with the general legal status as part and the whole.
In constitutional rights, freedoms and responsibilities of the individual, samples, behavioral standards that the state considers mandatory, useful, appropriate for the normal life of the social system, but also disclosed the basic principles of the relationship between the state and personality.
Man rights and freedoms are always associated with the satisfaction of his material and spiritual interests. Therefore, interest always performs the driving force of various, including legal, human relations, it determines and the attitude of a person to the use of rights as a means of satisfying its interests.
In relation to the various possibilities of a person and the citizen of the Russian Federation, two terms use two terms: "rights" and "freedom". These are close, but not coinciding concepts.
Under the right, it is necessary to understand the possibility of a person and a citizen to make concrete actions aimed at implementing the right, for example, the right to unite, the right to education, the right to elect, etc.
The legal status (status) of a person and a citizen fully covers the whole set of rights, freedoms and duties, which it is endowed with the norms of all branches of law (civil, financial, etc.). And thus, the general legal status of a person and a citizen in its volume is significantly wider than their constitutional legal status, for the latter includes only basic rights, freedoms and duties, and attendants include those that are enshrined in the Constitution of the Russian Federation.
The selection of the category of fundamental human rights does not mean the assignment of other rights to "second-rate", less significant requiring less efforts to ensure them. It's about a friend. Basic rights and freedoms are the rod of the legal status of the person, the possibilities of the emergence of other numerous rights necessary for the normal human activity are rooted. These rights are very important for the individual, its interaction with other people, with society and the state. A significant number of other rights can be pushed from the main right. For example, Art. 21 of the Universal Declaration of Human Rights, as well as the Constitution of the Russian Federation (paragraph 1 of Art. 32), it provides that each person has the right to participate in managing its state directly either through freely elected representatives. This basic right gives rise to other rights: to participate in self-government, the right to nominate its candidate during the election campaign, the right to handle complaints, applications and suggestions in various state bodies and their officials.
The concept of "freedom" is used in two values:
Freedom as an active characteristic of the personality allows a person to be an independent, independent person who is able to "be Mr." (J.Lock), be an active entity. Freedom of personality involves extensive opportunities for the choice of various variants of active behavior for transforming personality activities. At the legal level, this is implemented in a positive method of regulatory regulation of social relations. He gets an incarnation in the legal formula "Freedom to ...", which is revealed through specific legal rights and freedoms, as well as through some other legal means of stimulating orientation of active behavior of the individual (legal incentives), to which can be attributed, for example, benefits, promotion , and in some cases - and legitimate interests.
Philosophical understanding of freedom
The philosophical understanding of freedom close to its constitutional-legal understanding, which, in turn, is to understand the right. It is about this connection that two categories "Freedom" and "Law" writes B.c. Nurse: "In modern legal (and constitutional-legal), the term" freedom "is usually used to designate the guaranteed right of the sphere of autonomy (self-influence, peculiarity) of the subject within which it is entitled to act in its own way, according to its own (free) discretion and choice. The term "right" is used to designate the subject of the subject to a specific action and behavior. But in the conceptual-legal sense, these terms are equivalent. After all, the right is a form of freedom, and freedom is only possible in the form of law. " And before aphoricity, the relationship of freedom and law B.C. accurately determined Nurse words: "Dysfunctional freedom is arbitrariness, tyranny, violence."
The second meaning of "freedom" is narrower and interpreted as a subjective possibility of a person and a citizen or not to make concrete actions based on its constitutional rights and freedoms. Freedom in subjective sense is a legal form of freedom of the people and a separate person. In this sense, the concept of "freedom" is essentially identical to the concept of "subjective law", and the difference is explained only by the fact that such legal terminology has developed historically.
The rights and freedoms of a person and citizen are not absolute and not endless. They are expressed by the measure of freedom, which allows you to combine it with the freedom of other people.
The state enshrines individual rights not arbitrarily; It legally issues human rights, which are due to the level of economic and political development of society. The legislator can only enshrine such rights, for the implementation of which socio-economic and political prerequisites arising from real public relations have been formed. Personality rights are not a "gift" of the legislator, but social opportunities to provide a person with a certain standard of life. The legislator cannot artificially "underestimate" or "to overestimate" the volume of rights and freedoms; It is designed to proceed from the conditions of social relationships of people, the state of economic development of society and the state.
The rights and freedoms of a person are the conditions of its normal life activity, a certain catalog of the goods and the possibilities that he can freely use. They formally consolidated the limits for the implementation of the self-determination of the individual, the conditions of real use of social benefits in various areas of personal, political, economic, social and cultural life are established.
The content of fundamental rights and freedoms enshrined in the Constitution of the Russian Federation is revealed by empowering a person and a citizen wide legal opportunities guaranteed by the state. The latitude, diversity and features of these possibilities indicate the dynamics and spectrum of the freedom of choice, which people have in the exercise of their constitutional rights.
Achieve your goals, to ensure the desired results, a person can only when it is not only free, but also responsible. From here both of these phenomena - freedom and responsibility are initially determined and outlined borders, limits, framework for the implementation of constitutional rights.
Therefore, the use of rights and freedoms is associated with the responsibility of a person, with possible restrictions, determined by the measure and boundaries of freedom, established by the right, principles of humanity, justice, morality.
Possible limitations of rights and freedoms are formulated in Art. 29 of the Universal Declaration of Human Rights: "In the exercise of their rights and freedoms, each person must be exposed only to such restrictions that are established by law solely in order to ensure proper recognition and respect for the rights and freedoms of others and meet the fair requirements of morality, public order and overall welfare in a democratic society ".
Citizens of the USSR have the fullness of socio-economic, political and personal rights and freedoms, which have been played and guaranteed by the Constitution of the USSR and Soviet laws. Socialist system provides empowerment, continuous improvement in the living condition of citizens as the programs of socio-economic and cultural development.
The use of citizens and freedoms should not cause damage to the interests of society and the state, the rights of other citizens.
Citizens of the USSR are entitled to work, - that is, to receive guaranteed work with the payment of labor in accordance with its number and quality and not lower than the minimum size established by the state, - including the right to choose a profession, the kind of occupation and work in accordance with the vocation, abilities, vocational training, education and taking into account social needs.
Citizens of the USSR have the right to rest. This right is ensured by the establishment for workers and employees of the Working Week, not exceeding 41 hours, a reduced working day for a number of professions and industries, reduced work hours at night; provision of annual paid vacations, weekly holidays, as well as the expansion of a network of cultural and educational and wellness institutions, the development of mass sports, physical culture and tourism; creating favorable opportunities for rest at the place of residence and other conditions for rational use of free time.
Citizens of the USSR are entitled to health.
the USSR has the right to materialize in old age, in case of illness, complete or partial disability, as well as the loss of the breadwinner.
Citizens of the USSR have the right to housing.
Citizens of the USSR are entitled to education.
Citizens of the USSR are entitled to use the achievements of culture.
Citizens of the USSR in accordance with the goals of communist construction are guaranteed freedom of scientific, technical and artistic creativity.
Citizens of the USSR have the right to participate in the management of public and public affairs, in the discussion and adoption of laws and solutions of national and local importance.
Every USSR citizen has the right to contribute to government agencies and public organizations to improve their activities, criticize the shortcomings in the work.
In accordance with the interests of the people and in order to strengthen and develop the socialist system, citizens of the USSR are guaranteed by freedoms: words, seals, meetings, rallies, street processions and demonstrations.
In accordance with the objectives of the Communist Construction, the USSR citizens have the right to unite into public organizations that contribute to the development of political activity and amateur activities, satisfying their diverse interests.
Citizens of the USSR are guaranteed freedom of conscience, that is, the right to confess any religion or not confess any, send religious cults or lead atheistic propaganda. The excitement of hostility and hatred in connection with religious beliefs is prohibited.
The church in the USSR is separated from the state and the school - from the Church.
The family is under the protection of the state.
Marriage is based on the voluntary consent of a woman and a man; Spouses are completely equal in family relationships.
Citizens of the USSR guarantees inviolability of personality. No one can be arrested otherwise as on the basis of a court decision or with the sanction of the prosecutor.
Citizens of the USSR guarantees the inviolability of housing. No one has the right without a legitimate foundation to enter the dwelling against the will of those living in it.
Personal life of citizens, secret correspondence. Telephone negotiations and telegraph messages are protected by law.
Respect for the personality, protection of the rights and freedoms of citizens - the obligation of all state bodies, public organizations and officials.
Citizens of the USSR have the right to judicial protection against encroachments on honor and dignity, life and health, personal freedom and property.
Citizens of the USSR have the right to appeal against the actions of officials, state and public bodies. Complaints should be considered in the manner and within the deadlines established by law.
The actions of officials committed with violation of the law, with the excess of authority, infringement of citizens' rights, may be appealed to the court in the court established by law.
Citizens of the USSR are entitled to compensation for damage caused by illegal actions of state and public organizations, as well as officials in the performance of their duties.
Implementation of rights and freedoms is inseparable from the execution by the citizen of their duties. The USSR citizen is obliged to comply with the Constitution of the USSR and Soviet laws, respect the rules of the socialist hostel, with the advantage of carrying a high title of citizen of the USSR.
The obligation and the matter of honor of each citizen of the USSR citizen is a conscientious work in chosen by the field of socially useful activities, observance of labor discipline. Evasion from socially useful work is incompatible with the principles of socialist society.
The USSR citizen is obliged to preserve and strengthen socialist property. The debt of the USSR citizen is to fight the embezzlement and wastefulness of state and public property, carefully refer to popular good.
Persons encroaching on socialist property are punishable by law.
The USSR citizen is obliged to protect the interests of the Soviet state, to promote the strengthening of its power and authority.
The protection of the socialist Fatherland is the sacred debt of every citizen of the USSR.
Treason is homeland - the greatest crime in front of the password.
Military service in the ranks of the Armed Forces of the USSR - the Honorary Responsibility of Soviet Citizens.
Debt of every USSR citizen to respect the national dignity of other citizens, strengthen the friendship of nations and the nationalities of the Soviet multinational state.
The USSR citizen is obliged to respect the rights and legitimate interests of others, to be irreconcilable to antisocial actions, to fully facilitate the protection of public order.
Citizens of the USSR are obliged to take care of the raising of children, prepare them for socially useful work, to raise worthy members of the socialist society. Children are obliged to take care of parents and assist them.
Citizens of the USSR are obliged to take care of nature, guarding her wealth.
Caring for the preservation of historical monuments and other cultural values \u200b\u200b- the debt and obligation of citizens of the USSR.
The international duty of a USSR citizen is to promote the development of friendship and cooperation with the peoples of other countries, maintaining and strengthening the universal world.
"The State and Personality" is the second section of the Constitution of 1977. It includes two chapters: "USSR citizenship. Equality of citizens "and" Basic rights, freedoms and obligations of citizens of the USSR ". The Constitution of 1936 was attended by the Tenth Head of the Basic Rights and Responsibilities of Citizens. In this regard, in my opinion, the 1977 Constitution is more consistent - the location of the section and the state and personality is in second place, and not on the tenth.
The 1936 Constitution establishes that citizens of the USSR:
· Have the right to work, that is, the right to receive guaranteed work with relevant payment;
· Have the right to rest, that is, the reduction in the working day for the overwhelming majority of workers to 7 hours, the establishment of annual vacations workers and employees with salary preservation, providing for servicing workers with a wide network of sanatoriums, holiday homes, clubs;
· Are entitled to material support in old age or in case of illness and disability;
· Have the right to education;
· Regardless of gender, nationality or races have equal rights in all areas of economic, state, cultural and socio-political life;
· Have freedom of conscience and shipment of religious cults, or antireligious propaganda;
· Have freedom of speech, press, meetings and rallies, street processions and demonstrations;
· Have the right to associate in public organizations (professional unions, cooperative associations, the organization of young people, sports and defense organizations, cultural, technical and scientific societies);
· Have the right to integrity of personality, dwellings, as well as the secrets of the correspondence of cleanyakov O.I. Readings on the history of the domestic state and rights / cleaning O.I. - M.: Zerzalo, 1997. - Constitution (basic law) of the Union of Soviet Socialist Republics as amended on December 5, 1936, from 242-244 ..
The USSR provided asylum authorities to foreign citizens pursued by protecting the interests of workers, or scientific activities, or national liberation struggle.
Each USSR citizen was obliged to comply with the Constitution of the Union of Soviet Socialist Republics, to fulfill the laws, observe the discipline of labor, honestly to public debt, respect the rules of the socialist dormitories, to protect and strengthen public, socialist property, protect the fatherland and carry military duty.
The 1936 Constitution provides the USSR citizens a full range of liberal, democratic rights. She respects and protects the interests of the individual, but also establishes the duties of each citizen necessary for the common good.
The 1977 Constitution in the sixth chapter said that in the USSR, a single allied citizenship was established, citizens are equal to the law, regardless of the origin, social and property, racial and national affiliation, gender and other circumstances. Equality was provided in all areas of life, as well as in the Constitution of 1936. What that there was no limitation of the rights or the establishment of advantages of citizens for any signs. The incitement of racial or national hostility was punished by law. As in the old constitution, the possibility of providing political asylum to foreigners is allowed. They were also guaranteed rights and freedoms.
In the seventh chapter, the 1977 Constitution largely repeats the rights mentioned in the previous Constitution. But it should be noted that again mentioned:
· The right of citizens to health care, that is, free qualified medical care;
· The right to housing, that is, citizens are provided with a landscaped accommodation;
· The right to use cultural achievements, that is, the publicity of the values \u200b\u200bof the national and world culture;
· The right to participate in the management of public affairs, that is, the ability to elect and be elected to state bodies;
· The right to make proposals to state bodies and public organizations;
· The right to appeal against the actions of officials;
· Guarantee of freedom of scientific, technical and artistic creativity;
· Family protection by the state of Chistyakov O.I. Readings on the history of the domestic state and the rights / cleaning O.I. - M.: ZERZALOV, 1997. - Constitution (main law) of the Union of Soviet Socialist Republics as amended on October 7, 1977, from 454-458 ..
The emergence of new rights is an indicator of the development of society and the state. If some rights were not declared in the previous constitution, then it was not attached to them, or, by virtue of certain circumstances, the state could not ensure their compliance, guarantee them in full.
New responsibilities of citizens:
· Protect the interests of the Soviet state, to promote the strengthening of its authority and power;
· Respect the national dignity of other citizens, to strengthen the friendship of nations and nationalities;
· Respect the rights and legitimate interests of others, to be irreconcilable to antisocial actions, to promote the protection of the order;
· Take care of the upbringing of children, take care of parents;
· Protection nature, historical monuments and other cultural values;
· Promote the development of friendship and cooperation with the peoples of other countries of Chistyakov O.I. Readings on the history of the domestic state and the rights / cleaning O.I. - M.: ZERZALOV, 1997. - Constitution (main law) of the Union of Soviet Socialist Republics as amended on October 7, 1977, from 454-458 ..
The Constitution of the USSR of 1977 has endowed citizens with all the completeness of socio-economic, political and personal rights and freedoms. In addition, the socialist system sought to even expand the rights and freedoms, continuously improving the living conditions of citizens through the implementation of the programs of socio-economic and cultural development.
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Constitution of the USSR 1936 and 1977
"The State and Personality" is the second section of the Constitution of 1977. It includes two chapters: "USSR citizenship. Equality of citizens "and" Basic rights, freedoms and duties of citizens of the USSR "...
The 1977 Constitution, unlike the previous, consists of large sections on the basics of the public system and the Policy of the USSR, the problem of the relationship between the state and personality, the national state structure of the country.
The former constitutions characterized the Soviet state as the state of workers and peasants. The main Law of 1977 includes the intelligentsia in this formula. Thus, the social base of the Soviet state is expanding. Of course, the will of the Soviet intelligentsia and before that coincided with the will of workers and peasants. However, characterizing the Soviet state as the state of workers, peasants and intelligentsia.
The head dedicated to the basic rights, freedoms and responsibilities of citizens not only moved to the second section of the Constitution entitled "State and Personality", but also increased almost half of the articles (from 16 to 31). Now the responsibilities of citizens, instead of four articles, was devoted to eleven. At the same time, the edition of the responsibilities of citizens enshrined in the Constitution of 1936 was changed, the duty to comply with the Constitution of the USSR and Soviet laws, respect the rules of the socialist hostel "was supplemented with a duty" with the dignity to carry a high title of a citizen of the USSR "(Art. 59). Duty to protect and strengthen socialist property supplemented "Duty" Citizen of the USSR "to fight with the embezzlement and waste of state and public property, carefully refer to popular goodness." The "enemies of the people" disappeared, this formula was replaced by an indication that "persons encroaching on socialist property are punishable by law" (Article 61). The duty to work was preserved, and "evasion of socially useful work" was recognized as incompatible with the "principles of the socialist state". Relevant articles are some common prohibitions, and not the obligations of citizens as subjects of legal relations with the state. For example, Art. 64 establishes that "the debt of every citizen of the USSR is to respect the national dignity of other citizens, to strengthen the friendship of nations and the nationalities of the Soviet multinational state." If, in accordance with the text of this article, you can assume what types of behavior are prohibited by a citizen, then conclude what actions are needed to fulfill this duty, it is almost impossible. The same can be said about Art. 65, which obliges a citizen to "respect the rights and legitimate interests of others, to be irreconcilable to antisocial actions, to fully promote the protection of public order." The concept of private ownership is also determined as in the Constitution of the USSR of 1936. According to the Constitution of the USSR, 1977 citizens are entitled to personal use of the Earth under Art. 13. In the same article, a reservation is made that "personal property property or in the use of citizens should not serve to extract non-educated income, to the detriment of the interests of society." The clergy received the state's defense in the prohibition plan of hostility and hatred in connection with religious beliefs. All atheistic activities were organized and sent by the ruling communist party, which denied any religion. Art. 35 consolidated equal rights of women and men, as well as providing women with equal opportunities. This guaranteed not only equality in rights, but also the equality is actual. Now men and women had equal rights without seizures. In art. 53 For the first time, the Institute of Marriage and Family will be affected, the question of the equality of men and women in family relations. Art. 56 determined the concept of personal life and the protection of its law, and Art. 57 influenced the duty of all state bodies and officials respect for the personality, protection of rights and freedoms.
In addition, it is provided for the right of citizens to carry out response legal actions for infringement of their rights.
The human right to the free choice of place of residence belongs to the number of basic and should be recognized as natural right. This right is recorded in Article 13 of paragraph 1 of the Universal Declaration of Human Rights and in Article 12 of China 1 of the International Covenant on Civil and Political Rights, which since 1976 entered into force and, therefore, had the status of the law on the territory of the Soviet Union. It would be in vain, however, to look for any Soviet legislative act, which if not guaranteed, then at least declared this right. There was no right to free selection of the place of residence and in the last Constitution of the USSR of October 7, 1977, where even the "right to use cultural achievements" was not forgotten, although this constitution was adopted after the entry into force of the said Covenant and should have been agreed with him. Moreover, there was no mention of this right in previous Soviet constitutions.
It should be noted that all the constitutions proclaimed the right of citizens to free education, and the mandatory military service was determined, the issues of freedom of speech, press, assemblies were considered. Social issues of health care are raised, rest, retirement and others.
