History of domestic state and law. Sources of Soviet law in 1917-1918. Appeal to "Workers, Soldiers and Peasants" (the most important)

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History of domestic state and law. Sources of Soviet law in 1917-1918. Appeal to "Workers, Soldiers and Peasants" (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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SOURCES OF SOVIET LAW IN 1917-1918 ADDRESS TO "WORKERS, SOLDIERS AND PEASANTS"

The first years of Soviet power were marked by the openly nihilistic attitude of the ruling Bolshevik party towards law. Following the Leninist reading of K. Marx's provisions on the inevitability of the withering away of the state and law under communism and considering the dictatorship of the proletariat as "power based directly on violence, not bound by any laws" (Lenin), the Bolsheviks during the Civil War gave preference not to legislation and legality, but revolutionary legal consciousness, which in practice was difficult to distinguish from arbitrariness.

In 1917, the Bolsheviks proclaimed a rejection of the legislation of the "overthrown governments." The pre-revolutionary Russian legal system, which had been created over decades, suddenly ceased to exist. In the conditions of the almost complete absence of criminal, civil and other branches of Soviet legislation, an obvious "vacuum of law" was created, which was compensated by the outright arbitrariness of the Bolsheviks, and basically decisions were made not by the Congress of Soviets and not even by the All-Russian Central Executive Committee, but at the level of the Council of People's Commissars of Russia of the Supreme Council The National Economy, individual departments, the Cheka was distinguished by its special power and almost complete lack of control.

However, already in 1918, such legislative acts were issued as the Code of Laws on Civil Status, Marriage, Family and Guardianship Law of the RSFSR, the Code of Labor Laws of the RSFSR, proclaiming the new socialist foundations, respectively, of family and labor law in Russia.

Appeal to "Workers, Soldiers and Peasants"

was adopted in Petrograd by the II All-Russian Congress of Soviets at 5 am on October 26, 1917, three hours after the arrest of the Provisional Government in the Winter Palace.

This appeal legally secured the establishment of Soviet power in Russia, that is, the formation of the world's first Soviet state. This appeal can also be considered the first source of Soviet law.

The appeal also announced a program of priority measures for the Soviet state: the establishment of peace for all peoples, the gratuitous transfer of land plots to peasants, the democratization of the army on a Soviet basis, the establishment of workers' control in factories and factories.

<< Back: Changes in the social system of Russia after October 1917

>> Forward: Decrees “On Peace”, “On Land”, “On the Formation of a Workers’ and Peasants’ Government”

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