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История государства и права России. Конституция СССР 1936 г (самое важное)

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83. Constitution of the USSR 1936

The draft of the new Constitution of the USSR was prepared by mid-May 1936 by a constitutional commission elected at the 1936th Congress of Soviets of the USSR. By the end of XNUMX the Constitution of the USSR was adopted.

Prerequisites for the creation of the 1936 Constitution:

1) the USSR was increasingly turning into a powerful industrial power, the features of an agrarian-industrial state were being lost;

2) the capitalist features of the economy were replaced by socialist ones;

3) socialist ownership of the instruments and means of production was finally established;

4) the exploiting classes have disappeared;

5) a collective-farm peasantry was formed;

6) there has been a further democratization of the electoral system.

Features of the Constitution of the USSR of 1936 (in comparison with the Constitution of 1924):

1) this is a broader Constitution, which included new chapters: on the social structure; about local public authorities; about the court and the prosecutor's office; on the fundamental rights and obligations of citizens; about the electoral system;

2) the norms of the Constitution of 1936 regulated in detail the state structure of the USSR, the system of higher authorities of the USSR and the union republics:

a) the supreme body of power - the Supreme Council, its Presidium (formed on the basis of universal suffrage and direct secret voting for 4 years, suffrage arose from the age of 18);

b) the Council of People's Commissars (SNK - the highest executive and administrative body), the people's commissariat (accountable to the Supreme Council);

c) the system of courts and prosecutor's offices (the Supreme Court of the USSR, the supreme courts of the Union republics, regional, regional, district courts; people's courts were elected bodies, the term of office was 3 years);

3) in the social structure, the presence of two friendly classes in society was established: workers and peasants;

4) the political basis of the USSR was consolidated - the councils of working people's deputies, i.e., a single political ideology took shape legislatively;

5) the economic basis of the Constitution called the socialist system of economy and socialist ownership of the instruments and means of production; two forms of ownership were fixed: state (land, water, mines, transport, means of communication) and cooperative-collective farm (public enterprises in collective farms and cooperative organizations with their inventory, products, public buildings), as well as personal property of collective farmers to a personal plot (house , livestock, small inventory);

6) the economic life of the country was subordinated to the state national economic plan;

7) work was constitutionally declared a duty and a matter of honor for every able-bodied citizen of the USSR;

8) principles of state structure: Soviet and socialist federalism; voluntariness and unification of the republics, their equality and sovereignty;

9) the central authorities of the USSR had the greatest scope of powers:

a) representation of the country in international relations;

b) solution of issues of war and peace;

c) the admission of new republics to the USSR;

d) drawing up the national economic plans of the USSR, etc.;

10) the status of citizens under this Constitution included: the right to own labor income; work duty; the right to rest, to material security in old age, illness, disability, etc.

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

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