История государства и права России. Общая характеристика конституции РСФСР 1918 г (самое важное)

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История государства и права России. Общая характеристика конституции РСФСР 1918 г (самое важное)

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66. General characteristics of the constitution of the RSFSR 1918

The draft Constitution of 1918 was being prepared for 4 months (April-July 1918). The final text of the Constitution was adopted on July 10, 1918 at the Fifth Congress of Soviets.

The structure of the Constitution of 1918 included sections:

1) Declaration of the Rights of the Working and Exploited People;

2) the general provisions of the Constitution of the RSFSR (they included articles on the rights and obligations of workers, the competence of the All-Russian Central Executive Committee, the Council of People's Commissars, etc.);

3) the construction of Soviet power (the organization of Soviet power in the Center and in the regions);

4) active and passive suffrage;

5) budget law;

6) about the emblem and flag of the RSFSR.

1. Declaration of the rights of the working and exploited people.

The social basis of Soviet power is the dictatorship of the proletariat. The political basis is the system of Soviets of Workers', Peasants' and Soldiers' Deputies.

Innovations in the economy established by the Constitution, - complete nationalization of forests, land, mineral resources, transport, banks, industry. The Constitution established a state monopoly in the economic sphere. The Supreme Council of the National Economy is the highest body in the field of economic management.

The duration of the Constitution was set - a transitional period from capitalism to socialism. The state structure of the RSFSR according to the Constitution of 1918 is the Federation. The subjects of the Federation are national republics.

The system of public authorities under the Constitution:

1) All-Russian Congress of Soviets of Workers', Soldiers', Peasants' and Cossacks' Deputies - the highest body of the legislature. It was a temporary body, in the period between sessions of the Congress, the duties of the supreme authority were performed by the All-Russian Central Executive Committee (VTsIK), elected by the Congress; The All-Russian Central Executive Committee is the highest legislative, administrative and controlling body, that is, the principle of separation of powers in the RSFSR acted conditionally;

2) Government of the RSFSR - the highest executive body. It was formed by the Congress of Soviets;

3) Council of People's Commissars. It was accountable to the Government of the RSFSR, it included people's commissars who headed individual branch people's commissariats);

4) regional, provincial, district and volost congresses of Soviets, their executive committees - local authorities (in cities and villages - city and village councils).

Electoral system under the Constitution of 1918

Only representatives of certain social groups, "workers" (the proletariat, peasants) had active suffrage.

Didn't have the right to vote:

1) persons using hired labor for the purpose of making a profit;

2) citizens living on "unearned income" (from renting out residential premises, lending to other citizens for a fee determined by a percentage for the use of funds, etc.);

3) private traders and intermediaries;

4) representatives of the clergy;

5) employees of the gendarmerie, police and security department.

Elections to the Soviets were multi-stage and based on the principles of representation and delegation, that is, citizens directly elected deputies to village and city Soviets and delegates to elections at all subsequent levels.

Historical Significance of the 1918 Constitution: there was a legal basis for the subsequent creation of Soviet legislation and the formation of the mechanism of state power and its structures.

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

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