The Development of Legislation on Safeguarding the State Security of the USSR

The implementation of the strategic course of the CPSU and the Soviet state toward a further development of Socialist democracy necessarily requires strengthening the legal foundations of the life of the state and society. This is one of the ways for developing Socialist democracy outlined in the Constitution of the USSR, and it is organically linked to other aspects of the general process of democratization in Soviet society.     

Judicial Supervision of Administrative Acts

Citizens of the USSR enjoy a broad range of socio-economic, political, and personal rights. State organs, social organizations, and officials have the function of protecting those rights and respecting persons. The idea of strengthening the legal foundation of state and social life is clearly expressed in the USSR Constitution: "The Soviet state and all its bodies function on the basis of socialist law, ensure the maintenance of law and order, and safeguard the interests of society and the rights and freedoms of citizens" (Article 4, Paragraph 1).     

The Law on Citizenship of the USSR

The new Law on USSR Citizenship, adopted by the USSR Supreme Soviet, December 1, 1978, is a notable contribution to carrying out the program of legislative activity deriving from the USSR Constitution of 1977. The issuance of such a law is envisaged directly in the Constitution, which reads: "The grounds and procedure for acquiring or forfeiting Soviet citizenship are defined by the Law on Citizenship of the USSR" (Article 33). The new law replaces the 1938 Law on USSR Citizenship. That law, consisting of only eight articles, no longer covers many questions of citizenship arising in practice at the present time. Various normative documents were adopted in addition thereto, including instructions by ministries and agencies regulating certain important relationships that should have been settled in law. In writing the new USSR Citizenship Law, the goal was to embrace all questions of citizenship requiring legislative regulation. The law reproduces the corresponding provisions of the USSR Constitution and gives consideration to provisions of the previously prevailing legislation on citizenship and to present practices in this regard. There are new provisions as well. The drafting of the bill was conducted on a broad democratic basis; participating were deputies to the USSR Supreme Soviet, the relevant ministries and agencies, the presidiums of supreme soviets of union republics, and representatives of the science of jurisprudence.     

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.     

见义勇为保护立法的法理思考

见义勇为保护立法已引起社会的广泛关注 ,本文拟对其进行法理思考。笔者认为 :见义勇为保护立法丰富了公民在法律面前人人平等这一宪法原则的法律内涵 ;推进了以协调为宗旨法律观的形成 ;推动了国家与社会协调互动关系的持续发展 ;加强了对公民权利全方位保护的力度。     

Report on the Work of the Civil College of the USSR Supreme Court

Under the USSR Constitution and the Statute on the USSR Supreme Court, supervision of the judicial activity of the courts of the USSR, and of the courts of the union republics within the limits established by law, is realized by this College, as well as by the USSR Supreme Court as a whole.     

Some Theoretical Problems of the Constitutional Structure of the Soviet State

The Soviet Constitution is the fundamental law stipulating the socio-economic and political system, defining the principles of organization and functioning of the state agencies, the legal position of social organizations and the legal status of citizens (their fundamental rights and duties), and proclaiming the basic tasks of the people and the trends in the development of society and the state. In other words, it reflects a half century of experience in building the society and state, the historical triumphs of the people in various areas of economic, political and cultural life, and it indicates the direction of further development.     

Improving the Administrative-Territorial Structure of the Soviet State

In conjunction with the drafting of the new Constitution of the USSR, there is much of theoretical and practical value to be gained from discussion of the problem of further improvement of the administrative-territorial structure of the Soviet State and elaboration of specific proposals to establish it in law. The importance and complexity of these questions demand generalization of historical data on the territorial organization of the Soviet State analysis of the present administrative structure of the union republics and discovery of the laws governing the process under study.     

Review of N. S. Barabasheva,Legal Status of Higher Educational Institutions of the USSR

This book by N. S. Barabasheva is an integrated study of the legal status of higher educational institutions in the unitary system of public education of the Soviet state, a system that is determined by the USSR Constitution and the Principles of USSR and Union Republic Legislation on Education, the Statute on Higher Educational Institutions, and a number of other acts of positive law. The author emphasizes that the status of a higher educational institution as an institution under law is indissolubly associated with the condition, tasks, and prospects of development of higher education. The author offers an opportunity to identify the set of rights and responsibilities of higher educational institutions and the present state of legal regulation of their organization and activity, and to investigate the real opportunities for improving higher educational institutions. The study under review makes it possible to conduct an "inventory" of the provisions of law bearing on the work of higher educational institutions scattered through many legal sources and still inadequately codified, a fact that is important in terms of the drafting of the Legal Code of the USSR.     

Economic Factors in the Mechanism of Criminal Behavior

One of the principal tasks of the period of transition to communism consists of the shaping of a new human being. That development is dependent in significant degree upon the standard of living of the people, upon how fully its material and spiritual requirements are met. Article 15 of the USSR Constitution of 1977 states: "The supreme goal of social production under socialism is the fullest possible satisfaction of the people's growing material, cultural, and intellectual requirements." The achievements of Soviet society in raising the level of the people's well-being serve the cause of consistently eliminating those conditions of real life with which antisocial acts of individual citizens may be associated in one way or another. The process of improving material well-being inevitably includes certain contradictions, however. The consequences of such contradictions may prove undesirable for society and in turn lead to results that are violations of the law, This is why criminologists must achieve a deep understanding of such problems so that they may make more effective use of economic levers in combatting infractions [of the law] and their causes and in solving tasks involved in optimizing the very process of growth of material well-being. Reference is to prevention of inauspicious and in part criminogenic consequences evoked by the fact that this process is complex and, to a certain extent, contradictory, by the difficulties of its development, economic miscalculations, mistakes, and errors of omission that sometimes contain sources of criminal behavior.     

On Medical Secrecy

The Constitution of the USSR proclaims the right of citizens to privacy (Article 56). The harmony of personal and public interests in socialist society presupposes the existence of a certain area of personal life that is free of direct interference by society. Individual freedom in personal life is one of the most important and specific components of personal liberty. The state does not regulate many aspects of personal life unless such regulation is indicated by society's interests or else legislatively prohibits the invasion of privacy. Thus, the purely personal is granted the right to exist, and every citizen's right to privacy is assured.     

Codification of Legislation on Physical Culture,Sports, and Tourism

The USSR Constitution and the constitutions of union and autonomous republics are the basis of all normative material in the area of physical culture, sports, and tourism. They consider physical culture, sports, and tourism among the most important areas of state activity and define their essence, significance, content, and particulars under the conditions of developed socialism. The interconnected cultural-educational function and the social development function defined in the chapter on "Social Development and Culture" of the USSR Constitution regulate the special purpose of physical culture, sports, and tourism as components of these functions.¹ The goals and tasks of physical culture and sports under present conditions are also revealed in the process of the state's realization of economic, organizational, and social service functions. Physical culture, sports, and tourism are thus components of four interconnected functions of the Soviet state that are highly relevant to general culture, health promotion, education, upbringing, economics, defense, and patriotism.     

论中国宪法基本权利的发展

基本权利与宪法发展的关系是宪法学研究不能回避的重要问题,基本权利是宪法发展的基点,宪法的发展是对基本权利需求的反映,宪法的发展状况影响着基本权利的发展水平。随着我国公民社会的孕育、法治社会的推进以及人权理念的发展等情势的出现,基本权利与宪法发展具备有利时机。树立人权理念,加强人权的系统性立法和有效性保障是推进我国人权实现和宪法纵深发展的必然选择。     

我国民事检察权的权能与程序配置

检察机关在民事程序中的权限通称为民事检察权。我国宪法规定由检察机关行使的法律监督权区分为守法监督权和执法监督权,前者源于社会治理职能,后者源于公权力制约职能。在民事程序法中,执法监督权体现为监督法院审判权的行使而配置的审判监督权和为监督法院执行权的行使而配置的执行监督权,守法监督权体现为监督侵害社会公共利益的违法行为而配置的民事公诉权和为排除当事人和社会干扰法院强制执行而配置的执行协助权或支持执行权。这两类法律监督权的性质、功能、正当性基础均不相同,因此所针对的主体、适用的客体、启动的条件、运行的程序、救济的方式等等也不应相同。据此,为民事检察权相关规定的解释提供了一些理论基础和导向性意见。     

The Journalist in the Courtroom

"Proceedings in all courts shall be open to the public." Such is the content of Article 157 of the Constitution of the USSR. The principle that judicial proceedings are to be open to the public—a principle that is contained in the nation's highest legislative act—is of enormous practical significance. The fact that judicial proceedings are open to the public is a guarantee that procedural norms are scrupulously observed in the process of examining the materials of a case, thereby substantially reducing the probability of judicial error. It goes without saying that the further improvement of social oversight over the work of law enforcement agencies is a necessary condition to the democratization of public life. What is more, the openness of judicial proceedings to public scrutiny is a powerful means for the legal education of citizens and of forming a truly socialist legal conscience.     

Special Aspects of Hiring and Discharging Scientists

Scientific work is one of the most complex forms of labor. The legal regulation of labor relations in science is based on the general principles of the socialist organization of labor as enacted in the Constitution of the USSR and on the general norms of Soviet labor law. At the same time, these relations have a number of distinctive features defined by the creative character and particular significance of the work of scientific personnel. As a consequence, the law has established a distinctive procedure under which labor relationships at law arise between scientific workers and scientific institutions.     

宪法修改的基本经验与中国宪法的发展

1982年宪法颁布以来的30年,是我国宪法修改频率最高、幅度和力度最大的历史时期。宪法修改是对改革开放成果和社会变迁的真实记录。30年宪法修改的历程,呈现出务实性、人性化和国际化的特点,但也存在缺少宪政体制优化整体思路、经济机制修补具体化、政治机制完善空泛化、修改进程被动化的不足。未来我国的宪法修改和完善,要有整体修宪计划,提高修宪的前瞻性、主动性和现实指导性;要与宪法解释相结合,避免盲目修宪和仓促修宪。     

The Most Important Document of the Epoch

The Communist Party and the Soviet government have always given great attention to the writing and implementation of constitutional legislation. Each Soviet Constitution has written into law a new and higher stage of social development and reflects changes of the greatest importance in society and state. The history of the development of our state totally confirms this.     

The New Statute on Foreign Diplomatic and Consular Missions

On May 23, 1966, the Presidium of the USSR Supreme Soviet issued a decree that approved and put into effect a new statute on the diplomatic and consular missions of foreign states within the territory of the USSR. The issuance of this act is of major significance for the regulation of many questions arising in connection with the residence and functioning of foreign diplomatic and consular missions and their personnel in the USSR, as well as questions having to do with the work of Soviet diplomatic and consular services abroad, and for the further development and strengthening of relations between the USSR and other states.     

论宪法调整的社会关系

任何法律都要调整一定的社会关系，所不同的是，宪法不调整一般的社会关系，而是调整国家重大社会关系，具体包括国家与公民之间的关系，国家与政党之间的关系；国家机关与国家机关之间的关系；国家机关内部之间的关系；国家与全社会之间的关系；国家与其他国家或者国际组织之间的关系。