63. Socialist law: its sources and features

The system of sources of socialist law ceased to include customary law.

The sources of the creation of Soviet legislation are:

1) works of Marxism-Leninism;

2) revolutionary legal consciousness and the views of theorists (for example, the principles of socialist law in the views of scientists: "Recognition is the queen of proof"; "Law under socialism is a mirror reflection of production relations");

3) normative acts of the Soviet government (for example: decrees, resolutions, legalizations).

Until 1936, party acts were not sources of law.

Socialist law did not have a hierarchy of legislation.

The legal force of normative acts depended on the position of the body that issued them. The acts of the Congress of Soviets had the greatest legal force. Lesser, but very significant legal force - the acts of the Congress of Soviets of the RSFSR.

Basic principles of socialist legislation:

1) the priority of the proletariat class;

2) the destruction of the personal and political rights of the propertied class;

3) the establishment of an administrative and administrative system of state power.

Source system:

1) Constitutions of 1918, 1924, 1936;

2) Civil Code of 1922, 1964;

3) Criminal Code of 1926, 1964;

4) Decree "On civil marriage, on children and on the maintenance of books of civil status"; Code of Laws of the RSFSR on acts of civil status, marriage, family and guardian law of 1918, etc.;

5) other acts of the Soviet state issued in various periods of building communism.

The main sources of establishing Soviet power:

1) Decree "On Land";

2) Decree "On peace";

3) the decision of the II All-Russian Congress of Workers' and Soldiers' Deputies "On the abolition of the death penalty";

4) the decree "On the Formation of Revolutionary Committees in the Army";

5) resolution "On the transfer of power to the Soviets";

6) resolution "On the formation of the Workers' and Peasants' Government";

7) Instruction "On the rights and obligations of the Soviets";

8) resolution "On the organization of local self-government", etc.

Sources of socialist law in the sphere of national-state structure:

1) Declaration of the rights of the peoples of Russia;

2) Resolution of the III Congress of Soviets "On Federal Institutions of the Russian Republic";

3) Treaty on the formation of the USSR, etc.

Sources of labor law and social security:

1) Regulation "On the system of remuneration";

2) Decree "On the eight-hour working day";

3) Decree of the Council of People's Commissars of the RSFSR "On holidays";

4) Labor Code of 1918;

5) Decree of the All-Russian Central Executive Committee and Council of People's Commissars "On the destruction of estates and civil ranks", etc.

Legislation on the development of economic relations of the Soviet state:

1) Decree "On the socialization of land";

2) Regulation "On the registration of commercial and industrial enterprises";

3) the legislation of the NEP period: the Decree "On the replacement of food and raw material allocation with a tax in kind"; "Regulations on trusts"; Decree "On Exchange", etc.;

4) "Exemplary charter of an agricultural artel", approved by the Council of People's Commissars of the USSR and the Presidium of the Central Executive Committee of the USSR, etc.

Foundations of the Red Army:

1) Decree "On the Workers 'and Peasants' Red Army";

2) Decree "On the Workers' and Peasants' Red Fleet";

3) Decree "On forced recruitment in the Workers 'and Peasants' Red Army", etc.

Authors: Dudkina L.V., Shcherbakova O.V.

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