On Improving the Legislation on Territorial and Regional Soviets of Working People's Deputies

The Report of the Central Committee of the CPSU to the Twenty-fifth Party Congress advanced the proposal of adopting laws to define the jurisdiction of territorial [krai], regional [oblast'], and area [okrug] soviets of working people's deputies. This proposal was adopted unanimously by the delegates to the congress. In the course of the work begun to draft these laws, which will define the content and form of activity at the present stage of the building of communism of such an important link in the system of soviets as the regional and territorial soviets, many questions have arisen demanding profound and comprehensive scientific study. In this connection the editors invite legal scholars and practical workers to share in the pages of the journal the results of their research and generalizations from the experience of the work of the soviets and from application of the prevailing legislation, and to express judgments, proposals, and recommendations on the paths to be followed in improving the legislation on territorial, regional, and area soviets.     

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 Rights of an Urban Soviet Subordinate to Another Urban Soviet

As a consequence of the reorganization of the soviets in accordance with the production principle, many small towns have been detached from rural districts, and the soviets of these towns have been subordinated to those of larger cities that are directly subordinate to territories and regions. In individual cases, the soviets of the small towns have been placed under district soviets of cities which have district subdivisions. At present some 300 towns have thus been subordinated to others, including 230 in the RSFSR.     

A Study of the Effectiveness of Village and District Soviets in Belorussia

For the role of local soviets to rise requires an increase in the efficiency of the organizational and legal forms by which they function. Scientific studies making it possible to offer well-founded recommendations to improve both legislation and practical experience are called upon to play an important role in this. In particular, empirical research (the study of documents: minutes of sessions, meetings of standing committees, decisions of election commissions, the periodical press, etc.; statistical data, observations, interviews, etc.) make it possible to study such questions concerning the activity of soviets of working people's deputies as the level of deputies' activity at sessions, the establishment and functioning of standing committees, the degree to which the work of the soviets is conducted before the eyes of the public, and so forth.     

Relations of Territorial and Regional Soviets with Associations not Subordinate to Them

With the establishment and functioning of industrial and protection associations, the question arose of their relationships with local soviets, above all, those at the territorial and regional levels. If one bases oneself on the text of the respective statutes on these new forms of organization of social production, one finds virtually no reference to local soviets. (1) But this does not mean that the appearance of the associations is not reflected in the work of local organs of state authority. Experience shows that both now and under earlier changes in the system of management of the national economy, local soviets do not, and cannot, stand aside from these complicated processes. Being geographic entities of the unitary Soviet authority and executing the function of state direction in the area under their jurisdiction, they enter into various relationships with new economic complexes, their components and agencies.     

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     

Soviet Sessions: Theory,Practice, and Problems

In the period leading up to the 27th Congress of the CPSU, a landmark in the life of our country, it is one of the important tasks of science and practice to undertake a thoroughgoing analysis of those positive changes that have emerged in recent years in the activity of the soviets of people's deputies, to endeavor a critical assessment of the work so far completed, to exchange opinions on ways to effect possible and necessary changes for the better in their activity and to enhance their role in the system of socialist democracy. The period between the 26th and 27th Party Congresses has seen a considerable rise in the level of leadership by the bodies of state power in respect to economic and sociocultural construction throughout the entire soviet system. The role of the soviets has broadened in all state activity, their influence on the growth of the economy has increased, there is now more coordination in economic and sociocultural construction and in providing consumer and other services to the population, and more attention is being devoted to securing legality and law and order, and protecting the rights and lawful interests of citizens. All these things have been furthered by the CPSU's unflagging observance of the constitutional foundations to the organization and activity of the soviets, by the broadening of their powers, and by strengthening the material and financial basis and the personnel resources of the bodies of state power and government.     

The District Executive Committee and the Standing Committees

We continue the publication of materials on the coordination of the work of the standing committees between sessions of soviets (see nos. 2 and 7, 1976). This time the experience of an executive committee of a district soviet is examined.     

Coordination: Its Essence and Practice

At the present stage in our country's development, when major problems of the national economy are being resolved, particular significance attaches to Lenin's premise of proper combination of the interests of the country as a whole with those of local concern. "The lack, in the localities, of harmonized work among the various departments," wrote Vladimir Il'ich Lenin, "is one of the great evils interfering with economic development. An enormous amount of attention must be paid to this question" (Poln. sobr. soch. [Complete Works], vol. 43, p. 278). The timeliness of this instruction by Lenin is beyond question. It also pertains directly to the work of the local soviets, particularly their activity of coordination. As we know, the new laws on the local soviets have granted them the right, within the limits of their jurisdiction, to coordinate enterprises and organizations belonging to higher levels insofar as their efforts are directed toward the development of the economy within their geographic boundaries, and above all in the spheres having to do with services to the population.     

The Budget and Finances

This is perhaps the most complex sphere of work of village [sel'skie] soviets. All their manifold activity is associated with it. Funds for economic and cultural development, and for maintenance of the institutions subordinate to the rural agency of power, are concentrated in the budget. The soviet's specific relationships with various enterprises and organizations on the territory within its jurisdiction take shape through it.     

The Executive Committee of the Local Soviet of People's DeputiesI. F. Butko,ed. (Kiev: Academy of Sciences of the Ukrainian SSR, 1980), 328 pp. A Review.

The interest of this monograph lies in the fact that it sets forth and resolves extremely important problems in the development of the soviets: the place of the executive committee in the system of the local soviet; theoretical and methodological questions of the scientific organization of labor in the executive committees; improving legal regulation of the auxiliary apparatus of the executive committee and the organization and activity of sections and departments; labor relations of employees of the executive committee apparatus; improving work with information, the forms and methods of administrative activity, and the style of work of the apparatus; the theory and practice of introducing the scientific recommendations of scholarship on law and government into the work of executive committees, and so forth.     

Pressing Problems in Improving the Legislation on Administrative Responsibility

In publishing this and other articles on improving the legislation on administrative responsibility, the editors seek to familiarize their readers with the problems arising in generalizing the experience in applying the decree of the Presidium of the USSR Supreme Soviet, "On Further Limitation of the Imposition of Fines by Administrative Procedure," of June 21, 1961, and the decrees of the presidiums of the supreme soviets of the union republics adopted in accordance therewith, and also to be of aid in improving the legal acts prevailing in this field.     

In The Interests of Comprehensive Development

Articles have repeatedly appeared in this journal on the work of the administrations of capital construction of the executive committees of city soviets and their role in the comprehensive development of cities. It would be difficult to overestimate that role. For the working out of optimal project plans, skillful use of funds and their concentration on projects nearing completion, promptness of delivery of equipment, and as a consequence, an increase in the efficiency of construction work depend primarily and specifically on the administrations of capital construction.     

The CPSU in Figures

The working people of the land of soviets and all progressive humanity are solemnly marking the sixtieth anniversary of the Great October Socialist Revolution. This glorious anniversary was directly preceded by a political event of utmost importance in the history of our country and in international affairs - the adoption of the new USSR Constitution, reflecting the great achievements of the Soviet people since the triumph of October. A new historical landmark in our advance toward communism has been constitutionally affirmed - the building of a developed socialist society.     

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.     

Education cooperation in the European Union at the threshold of the New Millenium

The principles of ‘double relevance’ and ‘user-friendliness’ are seen as being essential for the implementation of the EU education programmes SOCRATES II and LEONARDO da VINCI II. Against the background of the acquis in EU education cooperation two points are explored: a) the articles of the Treaty are not fully used, and b) the framework set is increasingly proving to be too restrictive. The Luxemburg process and the Bologna conference are the reason for the second point. The opinion is put forward that the exchanges of students and teachers and the information exchange can be further europeanized and, eventually, be organized in permanent European structures. This revised version was published online in July 2006 with corrections to the Cover Date.     

Genesis of the CDM: the original policymaking goals of the 1997 Brazilian proposal and their evolution in the Kyoto protocol negotiations into the CDM

A body of literature is emerging applying critical consideration to the Kyoto Protocol Clean Development Mechanism’s (‘CDM’) achievement of policy goals regarding sustainable development, geographical distribution of projects and related matters. This article places this literature in the context of the policymaking goals of the CDM’s Brazilian architects. The CDM arose from the Brazilian Proposal’s Clean Development Fund, and was negotiated between Brazil and the United States in the weeks preceding the Kyoto Conference of Parties. The CDM’s Brazilian architects continued to pursue their underlying policy goals by taking a leadership position in the Marrakesh Accords negotiations. During this period Brazil’s primary policy objectives comprised achieving meaningful mitigation of GHG emissions to avoid dangerous interference with the climate system, derailing a perceived US/IPCC initiative to allocate emissions cap obligations in the Kyoto Protocol on the basis of current emissions, and taking a leadership position both among the G-77 and China and in the multilateral climate negotiations as a whole. The CDM arose in this context from the G-77 and China’s desire to coerce the North’s compliance with the North’s emissions cap obligations through an alternative means of compliance. As a result, there was no focus on broad conceptions of sustainable development, or on broad distribution of CDM projects throughout the South. Instead, the CDM’s Brazilian architects envisioned that CDM-related sustainable development would arise exclusively from the presence of the CDM projects. Similarly, the Brazilian Proposal advocated allocation of the Clean Development Fund on a basis proportionate to each non-Annex I countries projected 1990–2010 greenhouse gas emissions. These views persisted through the evolution of the Clean Development Fund into the CDM and through Marrakesh Accords negotiations. This article argues that the CDM has largely met the policy goals of its Brazilian architects and that the pursuit of different, additional, refined or more nuanced policy goals necessitates corresponding refinements to the CDM, or any successor mechanism, specifically targeting those different, additional, refined or more nuanced policy objectives, lending support to the emerging literature proposing changes to the CDM to pursue corresponding policy objectives.     

Law,Genre and the Voice of the Friend

The article attempts to think friendship in its relation to law and justice and provides some arguments for the importance of this concept in Derrida’s ethical, legal and political philosophy. It draws on early texts such as Of grammatology and reads them in conjunction with later texts such as The animal that therefore I am. The relation of friendship to law and justice is explored by means of Derrida’s notion of “degenerescence” understood as the necessity or law of indeterminateness that cuts across, both limiting and de-limiting, all laws, types and generic partitions, for instance, juridical (natural and positive right), humanistic (human and animal), anthropological (sexual difference), philosophical (physis and nomos). Drawing on Derrida’s readings of “sexual difference” in Heidegger and the latter’s evocation of “the voice of the friend” in Being and time, the article addresses the theme of Geschlecht and articulates the exigency to think sexual difference beyond duality together with the exigency to rethink law and right otherwise than on the ground of nativity and “natural fact” and in terms of what Derrida calls “a friendship prior to friendships” at the origin of all law and socius.     

Linchpin or bag carrier? A study of the importance of the role of the parliamentary private secretary to the prime minister

This study examines the pivotal role of the parliamentary private secretary to the prime minister. The PPS is a vital two‐way conduit between the Commons and Number Ten. As deference among MPs has declined and rebelliousness increased, the PPS who is not up to the job risks jeopardising the prime minister's leadership. The PPSs can be broadly categorised according to their age, experience, potential and designated role, but there has been no pattern of appointments. Every PPS is chosen for his individual qualities, reinterprets the role and fulfils a slightly different function. An examination of the ‘work’ of the prime minister's PPS shows the informal and personal nature of the role. The PPS enjoys unique access to the premier and occupies a position at the centre of government. The job has clearly grown in importance and become more demanding. The performance of Thatcher's five PPSs and Major's first PPS are evaluated using the findings of a questionnaire. The performance of each successive PPS to Thatcher was judged by MPs to be worse than the one before, culminating in the disastrous tenure of Morrison. Gow is shown to be a model PPS because he was respected, trusted and liked in the Commons and at Number Ten.