Direction of Internal Affairs Organs By Local Soviets

The territorial organs of internal affairs are subordinate to local Soviets of working people's deputies and comprise departments or administrations of the executive committees of territorial, regional, city, and district Soviets. In their direction of these bodies local Soviets exercise essentially the same rights as in directing other departments and administrations of various branches of government under dual subordination. However, the distinctive features of the internal organizational structure of the internal affairs bodies themselves, as well as of their functioning and the specific form taken by their dual subordination, are responsible for the fact that that direction has unique aspects. (1)     

The Rights of the Soviet Police and Socialist Legality

According to the decisions of the November (1982) and June (1983) Plenums of the CPSU Central Committee, the police [militsiia] and other law-enforcement agencies are to mobilize all their forces in order to strengthen public order, to guarantee the comfort and personal safety of citizens, to display a high measure of proficiency and efficiency in their work, and to adhere strictly to Soviet legislation. "The normal course of our society's development," Iu. V. Andropov emphasized, "is inconceivable without the strictest observance of the laws that protect the interests of society and the rights of citizens."¹     

Strengthening Socialist Legality and Law and Order

During the period of the comprehensive building of communism, problems related to shaping a new kind of human being, overcoming remnants of the past, uprooting anti-social phenomena and, in particular, the most serious of these - crime - are coming to be of ever greater significance in the activity of Party organizations.     

Interrelations Between Local Soviets and Law Enforcement Agencies

The question of interrelations between local soviets and law enforcement agencies is of both general theoretical and practical importance for the intensification and development of the struggle against criminal and other antisocial phenomena. The Political Report of the CPSU Central Committee to the Twenty-seventh Party Congress voiced the demand "to steadfastly raise the responsibilty of law enforcement and other agencies, to strengthen state arbitration and the legal services in the soviets and in the national economy, and to improve the legal education of the population. The use of the entire force of Soviet laws in the struggle against crime and other legal infractions, so that people in every population center feel the concern of the state for their peace and inviolability, so that they be assured that not a single law breaker will escape the punishment he deserves, is an unceasing task."¹     

The Military Procuracy Safeguarding Legality and Law and Order during the Great Patriotic War

Soviet law-enforcement organs, including the procuracy of the USSR and its combat section, the military procuracy—whose task was to maintain higher supervision of rigorous compliance with the law in the USSR Armed Forces and, at the same time, to enforce the principle of legality, an intrinsic aspect of the Soviet system from the very beginning—played a major role in the historic complete victory of the Soviet people over the shock troops of imperialism, fascist Germany. Throughout the Great Patriotic War, constitutional principles were unceasingly adhered to in the Soviet state and its armed forces, and the procurator's office maintained continuous supervision as the most important guarantee that the law would be followed.     

The CPSU and the Soviets

"Popular sovereignty in our country," we read in the Theses of the Central Committee of the CPSU, Fifty Years of the Great October Socialist Revolution, "is expressed above all in the soviets — representative bodies combining the features of state and civic organizations." The guidance given the soviets by the Communist Party is a vital factor in the Soviet system. This factor reflects the fundamental qualities of the political organization of socialist society. The entire course of the country's historical development has proved irrefutably that complete disclosure of the fundamental advantages of the Soviet organization of power and their utilization in the interests of socialism would be impossible in the absence of the leading role of the Party in the soviets. The relationship between the Party and the soviets in the system of socialist democracy provides the key to understanding the mechanism of popular sovereignty and reflects a fundamentally new interaction between the political leader, the state organization, and the masses of the people that is impossible under a system of exploitation. It is no accident that the apostles of anticommunism are particularly rabid in their attacks on the position of the Party in the republic of soviets, making it their primary target in their slanderous inventions and verbal attempts to subvert the principles of socialist society.     

The Local Soviets of Working People's Deputies at the Present Stage in the Building of Communism

The local Soviets have been and remain the most numerous link of the soviet system of representation. Being engaged, day in and day out, with various problems in the development of the economy and culture, they concern themselves with improving the wellbeing of the people under the conditions existing in each populated place. The population often judges the success and shortcomings of the machinery of government in general in terms of the triumphs and failings of the local Soviets. Therefore, in dealing with the problem of reinforcing and developing the Soviets as the organization embracing the entire people and embodying its unity, the 22nd Party Congress and the Program adopted by it directed attention to the need to improve the organization and functioning of all levels of the soviet system of representation.     

Local Soviets in the Ukraine during the Years of the Great Patriotic War

From the very first day of the Great Patriotic War, local Soviets of all the Soviet republics contributed in every possible way to the use of all forces and means for the needs of defense of the Motherland and the defeat of the enemy. The Ukraine was one of the first to experience all the hardships of the fascist invasion: the death of people, the destruction of cities and villages, and the bestial cruelty perpetrated by Hitler's minions on the occupied territory. With the direct participation of the local Soviets of the republic, about 2 million people were mobilized into the ranks of the Red Army in the first months of the war alone, 657 fighting battalions were formed, sections of the People's Army numbering more than a million persons were created, and over 2 million citizens worked to build equipment for defense. The Soviets also used their efforts to organize the evacuation of the population, industrial enterprises, and various material goods from the territory near the front. By the end of 1941, more than 550 enterprises, 427 machine tractor stations, a huge volume of agricultural products, and over 4 million Soviet citizens had been evacuated from the territory of the republic.¹ This tremendous work was done under the leadership of Party organizations, the supreme organs of government, and the central administrative bodies of the republic. The entire country of Soviets gave all-round assistance to the Ukrainian SSR.     

Enhancing the Role of the Local Soviets and Developing Civic Principles in Their Work

The decisions of the last few congresses of the CPSU have played a large role in improving the activity of the soviets. The measures envisaged in the Party Program to improve the work of the soviets, to develop their democratic foundations and civic [obshchestvennye] principles, are being implemented successfully in the local agencies of government and administration.     

The Legality of the Image

Intimate links exist between political power, law and images. Theology, philosophy and law have always developed elaborate rules about visuality. The iconophilic and iconoclastic traditions complemented one another and combined to construct subjectivity and to reconcile humanity with finitude. In modernity, law replaced religion and philosophy conceptualised legality through the aesthetic category of the sublime. The law understands the importance of the governance of images for the maintenance of the social bond and helps organise a regime of permitted images and forbidden idols which amounts to a complex legal administration of aesthetics and a related aesthetic organisation of law.     

论预先性自卫的合法性问题

在国家实践中出现的预先性自卫行为 ,从国际法角度看 ,既无法律依据 ,又未获得国际社会的普遍支持 ,因此预先性自卫不具有合法性     

The District and City Soviets: Current Problems

Among measures implemented by the Party in recent years to develop socialist democracy, a large part is played by measures to raise the role and improve the work of Soviet representative organs — Soviets of working people's deputies — which, as L. I. Brezhnev noted in the Summary Report of the Party Central Committee to the Twenty-Fourth Congress of the CPSU, are the foundation of the socialist state and most completely embody its democratic character. Either directly or through organs subordinate to them, the Soviets deal with all questions pertaining to state, economic, and sociocultural development. Their activity is directed toward implementing the Party line of more completely satisfying the material and cultural needs of the Soviet people.     

地方人大及其常委会保证宪法实施的地位和作用

地方人大及其常委会保证宪法在本行政区域实施的重要性尚没有引起足够重视。宪法和地方组织法赋予地方人大及其常委会保证宪法实施的职权,具有深刻的制度基础。地方人大及其常委会在保证宪法实施中最重要的两项任务是维护法制统一,监督纠正发生在地方的各种违宪行为。地方人大及其常委会在监督宪法实施的工作中,应当特别注意看重地方党委的领导和支持,保持与上级人大及其常委会的沟通,并努力做到事前、事中监督,避免事后监督。     

当前企业工会维权的困境及法律对策

随着社会主义市场经济体制的建立和完善,企业的劳动关系总体上是稳定的,大多数职工的权益得到了保障,但是随着劳动关系的日益市场化、复杂化,在部分企业里,职工合法权益的实现遇到了新情况、新问题。《中华人民共和国工会法》的实施,为工会组织依法维权提供了强大的法律武器,履行工会的基本职责,切实代表和维护职工的合法权益,是工会贯彻"三个代表"重要思想的根本要求。它既是工会服从服务于党和国家工作大局的重要手段,又是工会工作的出发点和落脚点。     

超范围征收的合法性控制

征收范围指拟征收财产的物理范围,应为公共利益(建设项目)所必需的范围。因不动产整体上紧密结合且难以分割,实际征收范围可能超出此必需范围,造成超范围征收。超范围征收与一般征收本质无异,其合法性尤与公共利益要件相关。现行征收规范不排除对被征收房屋实际情况的考虑,为超范围征收提供了合法性空间,但毕竟是征收权的扩张,应作更严格限制。可以从目的设定、手段选择、启动主体、超范围财产处置等环节入手,建立一种过程导向的公共利益保障机制,实施对超范围征收的合法性控制。     

The Legality of Legislation by Resolution

This article describes the Commonwealth Moot 2007, organized by the Commonwealth Legal Education Association, which was held in Nairobi, Kenya, in conjunction with the 15th Commonwealth Law Conference. The Moot Court competition is described from the eyes of a coach to one of the participating teams and provides an individual and unique insight into the preparations, build up and experiences gained from the competition.     

中国特色社会主义法治理论体系纲要

随着马克思主义法学中国化、时代化、大众化的不断深入,在依法治国的实践中,逐步形成了中国特色社会主义法治理念体系。其指导思想是社会主义法治理念;基本原则是三者统一,即党的领导、人民当家作主、依法治国的统一;实现路径是中国特色社会主义法治道路;运行机制是中国特色社会主义立法、执法、司法、守法和护法制度。     

论司法解释的合法性控制

最高人民法院颁布的司法解释是我国法律体系的有机组成部分,其合法性如何实现是重要的法治乃至宪治命题.作为事后监督的规范性文件备案审查,有其固有的局限性.以系统论为研究范式,超脱备案审查视角,将司法解释的制定、实施、监督视为一个系统,是一种有效的分析工具.经由合法性控制的三个子系统,即制定过程中的预防违法、实施过程中的避免...     

区域法治发展与文化传统

推进区域法治发展,乃是法治中国建设应予施行的一个重要的战略与策略选择。认识和把握文化传统对于区域法治发展的基础性作用,无疑是我们打开区域法治发展现象奥秘的一把钥匙。文化传统作为一种历史惯性力量,深深地嵌入广大民众的意识、心理、习惯、行为方式及其日常生活过程之中,与社会共同体内在关联,无法分割。文化有大传统与小传统之区别,无论是文化大传统,还是文化小传统,都具有区域性的特征,对于区域法治发展进程产生深刻的影响。在迅速走上现代化道路的当下中国及其各个区域社会,需要我们重建文化传统在区域法治发展进程中的基础性地位。在这里,重要的是要把文化传统之重建有机融入大众的日常生活过程之中,使之成为日常生活过程的内在要素。