On Promulgation of the Statute on Preliminary Confinement Under Guard

The Supreme Soviet of the Union of Soviet Socialist Republics orders:

Article 1. Promulgation of the Statute on Preliminary Confinement Under Guard and that it go into effect as of November 1, 1969.     

The Rebirth of the Black Sea Fleet in the 1920s

The task of rebuilding the Soviet Black Sea Fleet¹ topped the agenda almost from the first days of the nation's transition from civil war to peace. During that period, however, it was a task that entailed major difficulties. "Some ships were lost in battle," recalls Admiral N. G. Kuznetsov, "some were scuttled by our own sailors on orders from V. I. Lenin to keep them from falling into enemy hands, and others were sailed by White Guards to Bizerte, the French base in Africa."² Soviet Black Sea ports were in ruins. In early 1921, ships could tie up at only twenty-nine of the sixty-two previous Odessa moorages. Two-thirds of the berthages in Nikolaev had been put out of commission.³     

The Role of International Legal Norms in Ensuring the "Right to a Legal Defense"

On 22 November 1991, the Supreme Soviet of the RSFSR adopted the "Declaration of the Rights and Freedoms of the Individual and Citizen."¹ Article 1 of the declaration states that universally recognized international norms on human rights have priority over the laws of the RSFSR where they directly give rise to rights and duties of citizens. But, in the words of A.M. Vasil'ev, this is "really only a defended, not a proclaimed right."² The systems of international and Soviet law set down the procedure and the order of realization of rights and freedoms and the ways and means for their legal defense. An important guarantee for the realization of rights and freedoms is ensuring the individual's right to a legal defense.     

The Standing Committees and the Ministries

The 23rd Congress of the CPSU posed the task of enhancing the role of the supreme Soviets and defined the principal directions to be followed in solving this task. The most important of them are the further improvement in the activity of the standing committees [postoiannye komissii], which contribute to the development of socialist democracy, the improvement in the work of the supreme Soviets and the agencies of state administration, and the activization of deputies. At the first session of the seventh Supreme Soviet [sed'mogo sozyva] of the USSR, the report by N. V. Podgorny, Chairman of the Presidium of the USSR Supreme Soviet, "On Organizing the Standing Committees of the Soviet of the Union and the Soviet of Nationalities," emphasized the major role of the standing committees in social and economic development and expressed confidence that their functioning would promote the fulfillment of the tasks facing the country. (1) The seventh supreme Soviets of the USSR and of the union republics carried out a number of practical measures to implement the instructions of the party to increase the role of the standing committees.     

Edict of the Presidium of the Supreme Soviet of the USSR

In consequence of the regular commission by A. D. Sakharov of acts casting discredit upon him as a decorated individual, and in the light of numerous proposals from the Soviet public, the Presidium of the Supreme Soviet of the USSR, on the basis of Article 40 of the "General Statute on Orders, Medals, and Titles of Honor of the USSR," decrees     

The Subject of Soviet Criminology

The question of the subject of Soviet criminology remains in dispute to this day. The authors of the present article, who initially considered criminology a component of criminal law, (1) have now arrived at a different conclusion. Reviews of the textbook Soviet Criminology [Sovetskaia kriminologiia] noted, as one of its shortcomings, a vague solution of the question of the subject of this science. (2) Considering this, as well as the fact that the subject of a science is among the most important questions, we have decided to offer certain of our thoughts on this subject.     

The Political Organization of Soviet Society: Principal Emphases in Scholarly Research (A Survey of the Literature of 1973-75)

The decisions of the Party orient all the social sciences, including the legal disciplines, to deeper and more diverse investigation of various spheres of the sociopolitical life of Soviet society and to study of the most recent tendencies and phenomena in the work of various sociopolitical institutions. An important place in this regard is occupied by the treatment of questions pertaining to the political organization of Soviet society. Considerable attention has been paid in our literature and in that of the socialist countries to study of this subject, particularly in recent years. This is shown, in part, by the appearance of a number of specialized books treating various aspects of the political organization of Soviet society and also by a large number of articles. (1)     

What Does It Mean to Control Migration? Soviet Mobility Policies in Comparative Perspective

The migration policies of the former Soviet Union (or USSR) included a virtual abolition of emigration and immigration, an effective ban on private travel abroad, and pervasive bureaucratic controls on internal migration. This article outlines this Soviet package of migration controls and assesses its historical and international distinctiveness through comparison with a liberal state, the United States, and an authoritarian capitalist state, Apartheid South Africa. Soviet limitations on external migration were more restrictive than those of contemporary capitalist states, and Soviet regulation of internal migration was unusual in its direct bureaucratic supervision of the individual. However, Soviet policy did not aim at the suppression of internal migration, but at its complete regularization. The ultimate goal was “regime adherence”: the full integration of the citizen into the Soviet political order. In contrast to the USSR, migration in the contemporary world is marked by “irregularization”: policies that lead to the proliferation of insecure and unauthorized migration.     

The unfulfilled promise of an envisioned jewel: An attempt to transfer technology out of the splintering Soviet Union

This case study is based upon extensive interviews with a Fortune 500 company's new-products manager for Eastern Europe and the Soviet Union. It focuses upon the American manager's attempt to establish an agreement to transfer a revolutionary technology out of the Soviet Union. This effort takes place as the Soviet Union is dissolving, adding complexity and uncertainty to an already extraordinarily challenging task. While ultimately unsuccessful, the case provides insight into the importance of risk-taking and the learning that results from failed experiments.He has received numerous teaching awards and has published articles in several academic and professional journals.     

A Word About the Change of Title from Soviet Law and Government to Russian Politics and Law

With the final disintegration of the Soviet state in December 1991, the title Soviet Law and Government suddenly lost all meaning. After considering the unsatisfactory alternatives, we decided to rename the journal Russian Politics and Law. Yet, in every respect, the journal's coverage will remain much wider than the title implies.     

Strengthening Labor Discipline as a Means of Implementing the Economic and Social Policy of the Party

The current period has seen a sharp increase in the importance of research on questions pertaining to the strengthening of labor discipline, the sociopolitical and worktime activity of Soviet people, and their social responsibility to society. This is related above all to the primary direction of development of the economy — improving the efficiency of social production — to the broad range of rights and freedoms, and to consistently assuring a marked rise in the level of the people's material and cultural life. "It is necessary," L. I. Brezhnev has stated, "that every Soviet person be clearly aware that, in the final analysis, the principal guarantee of his rights is the might and the welfare of his country. And toward this end, every citizen has to feel his responsibility to society and conscientiously perform his duty to society and the people." (1)     

Laying the foundation for institutionalisation of democratic parliaments in the newly independent states: The case of Ukraine

This article examines the institutionalisation of the Ukrainian Parliament, the Verkhovna Rada, since the fall of the Soviet Union. The emergence of a popularly elected legislature in post‐Soviet Ukraine stands as a cornerstone in the development of a democratic regime. While the Verkhovna Rada is by no means a mature parliament, the foundation for future institutionalisation has been laid through the establishment of a representative political process, nascent political parties, a separation of powers between the executive and the legislature, and the policy‐making capacity of the Parliament.     

The State and Power

The historic decisions of the 22nd Party Congress, and the new Party Program adopted by that congress, have posed major and serious tasks before Soviet social science, particularly that of a comprehensive study of the paths of development from the socialist state to communist public self-government. In the solution of this task, Soviet philosophers and jurists inevitably encounter questions pertaining to the concept of power and its relationship to the state. (1)     

Transferring gas-turbine technologies to the former Soviet Union: Opportunities and problems

The new nations of the Commonwealth of Independent States are notoriously energy- inefficient. States like Russia and Ukraine seek technologies from the West that will improve efficient combustion of fossil fuels. Recently, scientists in the United States and the former Soviet Union have explored the idea of transferring technologies to Russia and Ukraine to develop and mass-produce aeroderivative gas turbines, which promise to quickly replace power lost front the shut- down of unsafe nuclear reactors in Russia, Ukraine and the former Soviet republics. Production of these turbines could promote defense conversion in Russia and Ukraine and could provide opportunities for American companies to trade and invest in emerging markets. Despite these clear advantages, formidable obstacles impede the immediate development, production, and commercialization of this technology by American firms in the former Soviet republics. Constraints include competition from European firms that are developing and marketing similar technologies, unfavorable business and economic conditions in the former Soviet republics, and official Russian- US differences concerning the closure of nuclear power plants and development of oil and gas reserves.     

The Right of Citizens to Appeal Acts by Officials to Courts

The increased role of the courts and enlarged judicial protection of citizens' rights enunciated in the USSR Constitution constitute a further development of Soviet socialist democracy. As we know, the notion of appealing to courts the acts of administrators was propounded by the founders of Marxism-Leninism themselves. (1) In the USSR, the foundations of the institution of judicial supervision of the functioning of the executive were established in the earliest years of Soviet power and were developed in the decree of the Central Executive Committee (TsIK) and Council of People's Commissars of April 11, 1937 - establishing judicial supervision over the activities of financial bodies in recovering from citizens arrears of federal and local taxes and levies, compulsory salary insurance, and local-option taxation - and in the Statute on Elections to the Supreme Soviet of the USSR affirmed by decree of the USSR TsIK of July 9, 1937, granting citizens the right to appeal to courts decisions of executive committees of soviets on refusal to make corrections in lists of voters. (2) This institution was subsequently developed in the Principles of Civil Procedure of the USSR and Union Republics and the corresponding codes of the union republics establishing procedural rules for trial by courts of cases arising out of relationships at administrative law.     

Editor's Note

All of the Soviet codifications referred to by the authors of Forensic Psychiatry have been translated into English, as follows:

Criminal Law

Fundamentals of Criminal Legislation of the USSR and Union Republics, and Fundamentals of Criminal Procedure of the USSR and Union Republics: F. J. Feldbrugge, in Law in Eastern Europe, No. 3, under "The Federal Criminal Law of the Soviet Urion" (Z. Szirmai, ed.), A. W. Sythoff, Leyden, 1959; George H. Hanna, in Fundamentals of Soviet Criminal Legislation, the Judicial System, and Criminal Court Procedure, Foreign Languages Publishing House, Moscow, 1960; in Current Digest of the Soviet Press, March 4, 1959.     

Blind Alleys of Post-Soviet Development: Searching for Exits: Editor's Introduction

The articles in this issue of Russian Politics and Law show that Soviet legacies continue to shape the political development of all of the post-Soviet states. Some articles in the issue focus more specifically on Russia, highlighting how some of the political problems that have resulted from Soviet legacies have derailed the liberalization of the region's most important state.     

Informing the Population About the Activity of State Agencies

Under the conditions of developed socialism, the general problem of informing the population, and that of its knowledge about matters of state and law in particular, becomes increasingly more pertinent. "The development of socialist democracy," said L. I. Brezhnev at a meeting with voters of the Bauman Electoral District in Moscow on June 10, 1966, "demands the solution of many problems that the Party has placed on the order of business." One of these tasks is "providing fuller information to the people about everything happening within the country and on the world scene, and increasing publicity [glasnost'] about the work of the agencies of Soviet government." The Communist Party associates improvement of socialist democracy particularly with the level of society's information "about the policies of the Party and state." (1) Therefore, the Soviet government pays much attention to the solution of questions associated with informing the citizenry about the work of governmental agencies and also about their regulation by law. Thus, for example, in the RSFSR law "On the District Soviet of Working People's Deputies of the RSFSR" (June 29, 1971), we read about the responsibility of the executive committee to inform the population about questions placed on the order of business of the soviet (Article 33), to bring decisions of the district soviet to the knowledge of the citizens (Article 38), and to report on its work at meetings of the working population and at citizens' places of employment (Article 55). Article 93 reads: "The district soviet of working people's deputies is responsible for informing the population about its functioning. …" Presidiums of the supreme Soviets of union and autonomous republics monitor observation of provisions of the law, assuring that the population will be widely informed on the work of state agencies. (2) In this connection, examination of the question of the content and forms whereby the population of the USSR becomes informed about the activity of state agencies is of interest.     

Making love in Yeltsin's Russia: A case of ``de-medicalization' and ``de-normalization'

The collapse of the Russian currency in August 1998 and the continuingdeterioration of the economy that has followed vindicates those scholarswho have held a negative view of post-Soviet changes.¹They have argued for years thatthe collapse of the Soviet system is leading to the disintegration andcriminalization of Russian society. And the brief history of sexuality inpost-Soviet Russia perhaps illustrates that these scholars have a point whenthey argue that the collapse of the Soviet regime has triggered a destructiveprocess. The criminalization and related sexualization are part of a morebroad problem in post-Soviet society. The country has not been so muchas transforming into a Western style capitalist society as suffering a generalmeltdown.