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Foundations of Political Power in the U.S.S.R.

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Soviet Law and Soviet Society
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Abstract

On November 7 (October 25), 1917, the All-Russian Congress of Workers’ and Soldiers’ Deputies elected the All-Russian Central Executive Committee (VTsIK) and the Soviet of People’s Commissars. The former Russian Empire became the first Soviet state.

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References

  1. See S. I. Iakubovskaia, Ob’ edinitelnoe dvizhenie za obrasovanie S.S.S.R. Moscow. Ogiz., 1947;

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  2. and the well-documented book by Walter R. Batsell, Soviet Rule in Russia. Macmillan Co. 1929. Ch. III–V, and X.

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  3. Stalin’s interview in Pravda. November 18, 1922. See also Stalin, Sochineniia. vol. 5, p. 128–144.

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  4. See next chapter.

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  5. There is a great similarity between Lenin and Sorel, who in his Reflexions sur la violence (6-me edition, 1925) expounded his disdain toward the ‘democratic swamp’ and lack of confidence in the masses’ ability to organize and inclination to follow those who are strong.

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  6. V. I. Lenin, One Step Forward. Two Steps Back. London, 1941, pp. 77–78; 253–55. Also Lenin’s Sochineniia, 4th ed. Vol. 7, p. 187 fi; vol. 8, pp. 382, 509 ff.

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  7. V. I. Lenin, One Step Forward. Two Steps Back. London, 1941, pp. 253–55

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  8. See also Stalin, Foundations of Leninism, N. Y., 1923, pp. 110–15.

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  9. The Lenin-Stalin attitude toward the masses is thoroughly discussed by Barrington Moore Jr., Soviet Politics— The Dilemma of Power, Cambridge, 1950, Ch. 3, pp. 59–82;

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  10. Alex Inkeles, Public Opinion in Soviet Russia, Cambridge, 1950, Ch. 2, pp. 14–20.

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  11. L. Trotskii, who was Lenin’s opponent at that time, observed that ‘In Lenin’s scheme the Party takes place of the working class. The Party organization displaces the Party, and finally the dictator replaces the Central Committee.’ (Nashi Politi-cheskie Zadachi, p. 54). Quoted by D. Dallin, op. cit. p. 217 (note).

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  12. The most terrible purge was launched in 1935. In the summer of 1936 the greatest of all Party purges began. This continued until 1938, and in the army and navy until 1939. Many hundreds of thousands of Party members were expelled; thousands were arrested and executed.

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  13. See Pravda, March 15, 1939, and reports published separately concerning the XVIIIth Party Conference.

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  14. Cf. J. Tows ter, op. cit. pp. 127–129, on the limits of criticism and discussions.

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  15. Children between the ages of eight and eleven are organized in the groups of Oktiabriats; from ten to 16 they can enter the organizations of Pioneers and from 15 to 23, some times up to 26, they can be accepted into the Komsomol. Cf. John N. Hazard, ‘The One-Party System,’ in Foreign Governments. The Dynamics of Politics Abroad. Edited by Fritz M. Marx, N. Y. Prentice-Hall, Inc. 1949. pp. 431–434; J. Towster, o.c. pp. 139–142.

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  16. S. Harper, (see note 26, Ch. XX)

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  17. Joseph Stalin, Leninism, London. George Allen and Unwin Ltd. 1940, p. 651. Also Stalin’s interview with American Labor Delegation (Stalin, Interviews with Foreign Workers’ Delegations. Int. Publ. 1927, p. n).

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  18. G. I. Petrov, ‘Voprosy teorii Sovetskogo administrativnogo prava,’ Sovetskoe Gosudarstvo i Pravo, 1950, No. 12, pp. 57–65.

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  19. ‘All the links in the chain of management of socialist production in their concrete activities originate in these goals set for them by the Bolshevist Party.’ Ernest C. Ropes, ‘Industrial Management in the U.S.S.R.,’ The American Review of the Soviet Union, March, 1948, p. 23.

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  20. ‘Under the leadership of the Bolshevist Party the local Soviets have won great successes in the field of agricultural economy.’ (A. I. Lepeshkin, ‘Mestnye organy gosudarstvennoi vlasti SSSR.’ Sovietskoe Gosudarstvo i Pravo, 1950, No. 12, p. 42). One of the reasons for the consolidation of kolkhozes was a possibility of increasing Party control, having Communists as chairmen in all collective farms (See above Ch. XII).

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  21. Izvestia, August 8 and 9, 1947. The same slogans are periodically repeated almost word for word in connection with May First parades. Compare slogans 54 and 55 of May 1, 1950, with slogans 58, 59 of May 1, 1951, etc. After Stalin’s death the vacant place of the deceased dictator occupied on the pages of the Soviet newspapers and in radio-propaganda the ‘beloved and paternal’ communist party.

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  22. Ukase of July 6, 1945 (Vedomosti Verkhovnogo Soveta SSSR. 1945. No. 39).

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  23. A list of the problems resolved by the Supreme Soviet since its first session in January, 1938, and up to the twelfth in June, 1945, is added in an appendix by A. Denissov in his Les Organes Centraux et locaux en U.R.S.S., Editions Sociales. Paris. 1947. Procedure of the Supreme Soviet is described according to the stenographic report of the first post-war session (1946), by J. N. Hazard, op. cit. (See note 10), p. 453–4.

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  24. For example, the Asiatic republics have been deprived of independence in such a vital branch of economy as irrigation. It is at present under the jurisdiction of the central government in connection with the establishment of the Ministry of Cotton Industry (Ukase of April 5, 1950) and the resolution of the Council of Ministers to reorganize the system of irrigation (see, Sotsialisticheskoe Zemledelie, August 18, 1950). Cf. J. Meisel and E. Kozera, Materials for the Study of the Soviet System. Ann Arbor, 1950, pp. 468–75. A Chief Administration of Water Economy is organized in the Ministry of Agriculture of the USSR, subject to one of the Deputies of the Minister (G. A. Aksenenok-Pravo gosudarstvennoi sobstvennosti na zemliu v SSSR. Gosizd. Yur. Lit. M. 1950, p. 69 ff.).

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  25. In fact, as Soviet papers indicate the regular sessions are not always convened in accordance with the rules: ‘The regulations concerning the convocation of sessions of the local Soviets are systematically violated by the Stavropol Krayispolkom. Last year it convoked but three sessions of the Kraysoviet, and none this year yet.’ ‘Sessions of the regional Soviet are, as a general rule, badly organized. One does not hear a criticism; if there is one, it is usually when the local subordinate organizations are criticized.’ Peasants and workers are worried about wasting their working time. In an article dedicated to the activity of the local Soviets, Izvestia, June 15, 1947, suggests that the local organs convoke sessions of the Soviets on ‘non-working days’ so as not to interrupt the principal production work or public service of their members. ‘According to the existing practice of the Smolensk Oblispolkom all questions have to be decided at the Ispolkom’s meetings, without being prepared beforehand. In six months in 1947 about 2,000 problems have been solved. There are dozens of problems on the agendas of the Ispolkom. How can one be prepared to discuss them? Even the leaders, themselves, are often not acquainted with these problems in advance,’ (Izvestia, July 5, 1947). If Ispolkom is not prepared what can one expect from the Soviet itself whose members are removed from the current work ?

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  26. In Uzbekistan many of the Ispolkoms decided to abolish elections. ‘Why elect? We will nominate.’ (Izvestia, July 3, 1947).

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  27. Prof. A. I. Denisov, Sovetskoe gosudarstvennoe pravo. Moscow, 1947. pp. 292–93.

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  28. ‘Many of the Oblispolkoms cancel decisions of the Soviets of the lower rank, although according to the Constitution of the R.S.F.S.R., they are empowered only to suspend them.’ (Izvestia, July 3, 1947).

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  29. A. I. Lepeshkin, ‘Mestnye organy gosudarstvennoi vlasti SSSR,’ Sov. Gos. i Pravo, 1950, No. 12, p. 41 Cf. V. Borisov’s article with the same subject in the Sov. Gos. i Pravo, 1947, No. 12, p. 12.

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  30. ‘It is the Communist Party which not only governs Russia, but claims to lead the Communists of the world, through the Third International. It may be added that with a frankness which did not work the preceding period, laws are now generally issued from the government and the Party or even from the Party and the government. This also throws a light on the constant representations of Litvinov that the Soviet government does not control the Third International. As a matter of fact, the Communist Party controls both.’ (Bernard Pares, Moscow Admits a Critic. London, 1936), pp. 54–55. ‘Resolutions of the Central Committee of the Party are executed in different forms, including the form of Law, which only emphasizes flatly the vital connection between the legal norms and Party and State policy. The policy of the Bolshevist party based on the theory of scientific communism is a real foundation of the Soviet structure.’ (Uchenye Zapiski. Akademia Obshchestvennykh Nauk, v. 8, Moskva, 1951, p. 85).

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  31. Lenin, State and Revolution, Ch. V (2).

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  32. ‘Last year about one half of the chairmen of the District Ispolkoms and more than one third of the chairmen of the village soviets were replaced.’ ‘It often happens that incompetent persons are promoted to responsible offices.’ (Izvestia, May 20,1947). ‘It is time for the Minister of Higher Education to consider seriously how to provide officials with a legal education for the Soviets.’ Izvestia, July 3,1947. ‘An anomalous attitude toward the “cadres” (personnel), a typically bureaucratic one, without self-criticism, with negligence as regards collaboration with the masses of the population—that is the style of the Velikoluksky Oblispolkom’s work.’ (Izvestia, July 13,1947). ‘We have to insist that all the Soviet establishments have a cultured appearance, but not just at times.’ (Izvestia, July 13, 1947).

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  33. ‘In the Estonian Republic new, inexperienced people obtained the leading roles in the Soviet organizations. And the leadership is on a very low level.’ (Izvestia, August 2, 1947).

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  34. This chapter contains only a brief analysis of the Soviet Constitution and the Charter of the Communist party. A more thorough study requires too much place and is superfluous since there are more extended works on the same subject. Cf. bibliography given by Julian Towster in the annex to his survey ‘Union of Soviet Socialist Republics’ in the symposium European Political Systems, Ed. by Taylor Cole (Alfred Knopf, N. Y. 1953), and by John N. Hazard in his Law and Social Change in the USSR. The discussion offered in the text presents, however, some points which are not only necessary in connection with the further text but also because this writer wants to emphasize that the Stalin constitution in its larger part is a sham constitution and its political significance may be understood, therefore, if only characterized in connection with the political realities, especially the role of the Communist Party. Cf. Merle Fainsod, How Russia is Ruled, Harvard Univ. Press, 1953.

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  35. The figures given for the number of Party members in the Ukraine and their educational qualifications are taken from materials of the 19th Party Congress, printed in corresponding publications of the national republics: Kazakhstanskaia Pravda, Sept. 21; Zaria Vostoka, Sept. 16; and Pravda Ukrainy, Sept. 25, 1952. Population figures are mainly for 1939. Cf. Leo Gruliow, Ed. Current Soviet Policies. (The Documents, Proceedings and Related Materials of the Nineteenth Congress of the Communist Party of the Soviet Union). Fr. Praeger, N. Y. 1953.

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  36. Pravda, Oct. 6; Literaturnaia Gazeta, 122, Oct. 7, 1952.

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  37. Sec. 40, Ustav 1939; Sec. 37, Ustav 1952.

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  38. Sec. 35c, Ustav 1952.

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© 1954 Martinus Nijhoff, The Hague, Netherlands

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Guins, G.C. (1954). Foundations of Political Power in the U.S.S.R.. In: Soviet Law and Soviet Society. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-0869-8_16

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  • DOI: https://doi.org/10.1007/978-94-015-0869-8_16

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