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История государства и права России. Декларация прав народов России (самое важное)

Lecture notes, cheat sheets

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64. Declaration of the Rights of the Peoples of Russia

The first projects of the national-state structure:

1) the formation of national-cultural autonomies within the country, i.e. the state itself must be unitary;

2) the creation of a federal state, which should include independent, sovereign, independent republics (this project received great support, and it was this form that was legally fixed).

The Declaration of the Rights of the Peoples of Russia was adopted by the Council of People's Commissars on November 2, 1917. It finally established the national-state system.

The Declaration proclaimed the basic principle of the national-state structure - the right of nations to self-determination.

The Declaration consolidated the inadmissibility of autocracy as a policy of inciting some peoples against others.

The essence of the right to self-determination of nations according to the Declaration (principles of the national state structure):

1) equality and sovereignty of the peoples of the Soviet state;

2) the right to self-determination extends up to the separation of peoples;

3) equality of the rights of peoples to free development;

4) all peoples were recognized as equal in their status, all former rights and privileges of any peoples were abolished.

The right to self-determination up to secession from Russia was used only by Finland, Poland and other republics in practice became completely dependent on the center.

Recognition of the right to self-determination of peoples was possible only in relation to the republics in which Soviet power was established. For example, the independence of Ukraine was recognized only after it became the Ukrainian Soviet Republic from the Ukrainian Rada.

The Declaration asserted not only the right to free self-determination of nations, but also the right of all peoples to join Soviet Russia. For example, the Latvian Soviet Republic became part of Russia.

Conditions for the republics to become part of the Russian Soviet Republic:

1) the voluntary will of the nation to join the Federation;

2) the presence in the subject wishing to enter the Soviet system of state power.

The main real method, as a result of which the republics declared their entry into the Soviet state, was the armed seizure of territories and the establishment of Soviet power on them.

The main task of the Declaration of the Rights of the Peoples of Russia is to create a lasting alliance of the Soviet peoples in the struggle against the "imperialist-annexationist bourgeoisie."

The Declaration established a commission for nationalities - the People's Commissariat for Nationalities (headed by I. V. Stalin).

The Declaration established the possible national-state statuses of the subjects of the Federation:

1) sovereign republics;

2) autonomies (for example, as autonomous republics, the RSFSR included the Turkestan Autonomous Republic, the Terek Autonomous Soviet Republic, the Kuban-Black Sea, and others).

The historical significance of the Declaration of the Rights of the Peoples of Russia: it became the basis for the subsequent formation of the federal structure of the Soviet state.

Legislative consolidation of the principles of the national-state structure of the Declaration took place from the moment the resolution of the III Congress of Soviets of Workers', Soldiers' and Peasants' Deputies "On Federal Institutions of the Russian Republic" was adopted.

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

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