History of state and law of foreign countries. Formation of an independent Polish state (most important)

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History of state and law of foreign countries. Formation of an independent Polish state (most important)

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Formation of an independent Polish state

The Polish people gained independence as a result October revolution since the third section Poland (late XNUMXth century) its territory was under the control Russia, Prussia and Austria.

The Soviet government issued decree on the destruction of unjust international treaties of Russia section Poland, which meant the recognition of the rights of the Polish people to an independent state existence (29 August 1918). Article 3 of the decree read: “All agreements and acts concluded by the government of the Russian Empire with the governments of the kingdom Prussian and Austro-Hungarian Empireregarding sections Poland, in view of their contradiction to the principle of self-determination of nations and the revolutionary legal consciousness of the Russian people, which recognized the Polish people’s inalienable right to independence and unity, are hereby canceled irrevocably.”

В December 1918 social democratic party Poland and Lithuania, united with Polish Socialist Party (Lewica), created the Communist Workers' Party Poland. In her address to the proletariat, she called on them to stand under the banner of the struggle for social revolution.

Counter-revolutionary terror was combined with deceitful, demagogic reforms, among which the central place belonged to the land.

Poland was a backward semi-feudal country. In the hands of a few large landowners (0,6% of the total number of farms) there was about half of all land (more than 700 hectares per farm). The reform did not give land to the peasant. The little that was alienated from the landlords went to politicians, officials, speculators, to those who had money to buy land. Ukrainian and Belarusian peasants who lived in the territories that were then part of Poland were robbed in favor of the Polish military and civilian siegemen, who served as the backbone of the reactionary government.

Convened in a climate of persecution of democracy, the Constituent Sejm (1919) adopted the first Polish constitution (1921).

Constitution of 1921 based on the so-called separation of powers (art. 2), proclaimed the predominance of the legislative power over the executive (art. 3-9), established the independence of judges (art. 2). The legislative bodies of the Polish "democratic republic" were the Sejm and the Senate, elected by universal, equal and secret suffrage. Active suffrage was given ("without distinction of sex") upon reaching the age of 21 (Art. 12), the right to be elected - starting from 25 years (Art. 13). The Constitution recognized in principle a proportional voting system and a corresponding distribution of seats (Article 11).

Bills passed by the Sejm needed the approval of the Senate, which had the right of suspensive veto. The second vote of the bill in the Sejm was considered "successful" only if the bill collected a qualified majority of votes (Article 35).

The executive power was handed over to the president and the government (council of ministers). Possessing the right to conduct foreign relations, appoint a cabinet of ministers, issue decrees, etc., the president at the same time had to have the sanction of the Sejm to conclude the most important international treaties, to declare war and conclude peace (Articles 49-50), he could not command army during the war. The government was primarily responsible to the Sejm.

Constitution contained a list of democratic freedoms, recognized the equality of nationalities in words, declared labor to be the main basis of the wealth of the republic, legalized certain social reforms, and free education.

All this taken together allows us to talk about the Polish constitution. 1921 BC as a bourgeois-democratic.

Author: Selyanin A.V.

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