The adoption of the Constitution of the RSFSR - briefly. Constitutions of the RSFSR, USSR, Russia. reference Adoption of the Constitution of 1918 briefly
Constitution of the RSFSR 1918 was the first in the history of the constitutions of the Soviet Socialist Republic. At the suggestion of V.I. Lenin, the first section of the Constitution was adopted by the Third Congress of Soviets in January 1918, “Declaration of the Rights of the Working and Exploited People.” The Constitution was adopted by a resolution of the V All-Russian Congress of Soviets of Workers, Peasants, Red Army and Cossack Deputies on July 10, 1918 and came into force on July 19 after publication in Izvestia of the All-Russian Central Executive Committee. Proclaimed the All-Russian Congress of Councils of Workers, Peasants, Red Army and Cossack Deputies as the highest body of state power. The draft Constitution of 1918 was prepared for 4 months (April-July 1918).
Structurally, the Constitution of the RSFSR consisted of six sections:
2) General provisions of the Constitution of the RSFSR (they included articles on the rights and responsibilities of workers, the competence of the All-Russian Central Executive Committee, the Council of People's Commissars, etc.);
3) Construction of Soviet power (organization of Soviet power in the Center and locally);
4) Active and passive suffrage;
5) Budget law;
6) About the coat of arms and flag of the RSFSR.
The first section, “Declaration of the Rights of the Working and Exploited People,” declared Russia “a Republic of Soviets of Workers’, Soldiers’ and Peasants’ Deputies. All power at the center and locally belongs to these Soviets.” The Russian Republic was established as a federation of Soviet national republics.
The second section, “General Provisions of the Constitution of the Russian Socialist Federative Soviet Republic,” defined the main task of this Constitution - the establishment of the dictatorship of the urban and rural proletariat. The basic rights and obligations of citizens of the Republic were declared: free education, the duty to work, and universal military service.
The third section, “Construction of Soviet power (organization of Soviet power in the Center and locally),” revealed the structure of Soviet power. It determined that the highest authority in the RSFSR is the All-Russian Congress of Soviets. It was formed by the representation of 1 deputy from 25,000 workers and 1 deputy from 125,000 peasants. According to the Constitution, the Congress was to be convened at least twice a year. (This norm has never been observed during the entire period of operation of this Constitution.)
The fourth section, “Active and passive suffrage,” defined active and passive suffrage. The Constitution reflected the current socio-political situation in the country. The so-called “exploiters” - persons using hired labor, living on unearned income, traders and commercial intermediaries, clergy, former police officers and gendarmes, etc., were deprived of voting rights. Only representatives of those social groups in respect of which no restrictions were applied based on gender, nationality, residence, education and religion were allowed to participate in the elections. These groups were united by the concept of “workers”.
The fifth section, “Budget Law,” was devoted to budget law. Until the summer of 1918, planned financing practically did not exist in the republic. The Constitution established the basic principles for the formation of the state budget and the terms for which it was to be formed six months or a year. The Congress of Soviets and the All-Russian Central Executive Committee had the right to determine which types of income and fees are included in the national budget and which are at the disposal of local Soviets. The councils received the right to tax and collect fees for the needs of the local economy. The procedure for spending funds and the forms of financial reporting at various levels of the Councils were determined.
The sixth section, “On the coat of arms and flag of the RSFSR,” established the state symbols, trade, naval and military flags of the RSFSR, and gave a brief description of them.
The Constitution of 1918 legally consolidated the results of the six-month formation of Soviet statehood and the new legal system.
The social basis of Soviet power was called the dictatorship of the proletariat, and the political basis was the system of Soviets of Workers', Peasants' and Soldiers' Deputies.
Innovations in the economy established by the Constitution - complete nationalization of forests, land, mineral resources, transport, banks, industry. The Constitution established a state monopoly in the economic sphere. The Supreme Council of the National Economy is the highest body in the field of economic management.
The validity period of the Constitution was established - the transition period from capitalism to socialism. The state structure of the RSFSR according to the Constitution of 1918 is the Federation. The subjects of the Federation are national republics.
The system of government bodies according to the Constitution:
1) the All-Russian Congress of Soviets of Workers', Soldiers', Peasants' and Cossacks' Deputies - the highest body of legislative power. It was a temporary body; in the period between sessions of the Congress, the duties of the highest authority were performed by the All-Russian Central Executive Committee (VTsIK), elected by the Congress; The All-Russian Central Executive Committee is the highest legislative, administrative and supervisory body, i.e. the principle of separation of powers in the RSFSR operated conditionally;
2) The Government of the RSFSR is the highest executive body of power. It was formed by the Congress of Soviets;
3) Council of People's Commissars. It was accountable to the Government of the RSFSR, it included people's commissars who headed individual sectoral people's commissariats);
4) regional, provincial, district and volost congresses of Soviets, their executive committees - local authorities (in cities and villages - city and rural councils).
Electoral system under the 1918 Constitution
Only representatives of certain social groups, “workers” (the proletariat, peasants), had active suffrage.
Did not have the right to vote:
1) persons who use hired labor for profit;
2) citizens living on “unearned income” (from renting out residential premises, lending to other citizens for a fee determined by the percentage for the use of funds, etc.);
3) private traders and intermediaries;
4) representatives of the clergy;
5) employees of the gendarmerie, police and security department.
Elections to the Councils were multi-stage and based on the principles of representation and delegation, i.e. citizens directly elected deputies to rural and city Councils and delegates to elections at all subsequent levels.
The main principles of the Constitution of 1918 formed the basis not only of subsequent constitutions of the union and autonomous Soviet republics, but also became fundamental to the Constitution of the USSR of 1924 - the first union constitution that legislated the formation of the Union of Soviet Socialist Republics in 1922.
In this article we will try to briefly examine the Constitution, the first in the history of our great power. She was accepted 10 July 1918 of the year. The Constitution fixed the most essential legal foundations of that time. Most of them were developed during the October Revolution. These are, for example, decrees proclaimed by Lenin, the declaration of workers' rights, resolutions on the creation of certain Soviet bodies, etc. All these regulations served as the impetus for the creation of the constitution. As they accumulated, the authorities consciously decided to streamline them.
The Constitution proclaimed a new form of statehood for Russia - the dictatorship of the proletariat in the form of Soviet power. Its main task was to implement the principles of a socialist state in the country. It also provided for the election of local councils by universal suffrage. However, only citizens who did not exploit the labor of others could participate in elections. Soviet Russia was officially proclaimed the Russian Federative Socialist Republic (RSFSR).
Citizens also received equal rights regardless of nationality, gender and race. Help was provided to political refugees from other states. Residents of the country received a number of freedoms that they had never dreamed of before. The All-Russian Congress of Soviets was declared the highest authority. It discussed issues that played a major role for the state. For example, the economic and other achievements of the country over a certain period were discussed. Amendments were also introduced to the Constitution, new decrees and decrees were issued. In the intervals between congresses, the All-Russian Central Executive Committee (VTsIK) worked. It included representatives from all Soviet republics, and the body itself was responsible for implementing the plans adopted during the Congress of Soviets. In general, the Bolshevik government was against the separation of powers, which is why the authorities had similar powers and structures.
In addition to the rights formulated in the form of four freedoms (freedom of conscience, press, assembly and union), the Constitution also announced the duties of citizens. These, first of all, include the duty to work and defend the socialist Fatherland. Residents also had the right to free education. Since the Constitution of that time was of a class nature, the country's population was divided into workers and those who exploit them. The category of exploiters included all those who lived on incomes not obtained through their own labor. In accordance with the new ideology, workers retained most of the rights, while non-workers retained only part of them. At the same time, the state could deprive certain individuals of their constitutional rights.
In economic terms, the Constitution declared the nationalization of property. The land and the tools for its cultivation, useful resources became public property. Industry was run by workers, all banks began to belong to the state. Politically, it is important to note that the church was separated from the state and schools, as this affected public life. Elections, in their essence, were not equal, secret and universal. There were separate lists of citizens engaged in any business, who had the right to vote and those who did not. So, the factory worker is older 18 years could easily participate in elections, a priest or an employee in the former police did not have such a privilege. At the very end of the Constitution, the symbols of the RSFSR were presented. These were the coat of arms depicting a hammer and sickle on a red canvas in the rays of the sun and the flag of the socialist republic, represented by a red banner, in the left corner of which were the golden letters “RSFSR”.
This Constitution served as the basis for all its subsequent versions and was the first step towards building communism. Even now, modern law is based on some of the provisions of this Constitution.
HISTORY OF THE CREATION OF THE FIRST SOVIET CONSTITUTION
Starting from the first day of its existence, the Soviet state issues a number of acts of a constitutional nature. These are the decrees: On peace and On earth; Decree on the Court, etc., Appeal of the Petrograd Military Revolutionary Committee “To the Citizens of Russia” and Appeal of the Second All-Russian Congress of Soviets “To Workers, Soldiers and Peasants”. An important legal act, which was almost entirely included in the first Soviet Constitution, was the Declaration of the Rights of the Working and Exploited People, adopted by the III All-Russian Congress of Soviets on January 12, 1918.
It was included in the text of the first Soviet Constitution and is now a monument of law. Some authors directly call the declaration the first document of Soviet Russia of a constitutional nature. However, in some cases the declaration may not be a constitutional document, but contain norms of the leading branch of law. Most often, it is published to explain to citizens, the public, and the world community the official policy in the field of interethnic relations or in connection with an assessment of the socio-political and economic situation.
July 10, 1918 The All-Russian Congress of Soviets, as the highest body of the new government established as a result of the coup d'etat, adopted the Basic Law, which established the principles of the organization of Soviet power, the form of government, territorial structure, relations between the authorities and the people, and state symbols. This was essentially the first formal constitution in the history of the Russian state, presented in a single normative act.
What did the Basic Law bring to the newborn country? What goals did the Bolsheviks pursue when they hastily created a Constitution for the country? What functions did the Constitution carry and what were the trends in the development of constitutional and legal thought in Soviet Russia?
The adoption of the Constitution of the RSFSR of 1918 was preceded by a difficult struggle for its content. The III All-Russian Congress of Soviets, held in January 1918, put forward the preparation of the Constitution of the RSFSR as one of the primary tasks of the Soviet government. The Congress, in particular, instructed the Central Executive Committee to prepare the main provisions of the Constitution of the RSFSR for the next Congress of Soviets.
However, due to the sharp aggravation of the international situation in February-March 1918 (cessation of peace negotiations with Germany in Brest-Litovsk and the offensive of the German army), as well as the complication of the internal situation of Soviet Russia, all the attention of the Bolshevik Party and the Soviet government was aimed at preserving the Soviet building. The work of the All-Russian Central Executive Committee on developing the Constitution was temporarily postponed.
The IV All-Russian Congress of Soviets, held on March 14-16, 1918, was of an extraordinary nature. All the work of this extraordinary congress was connected with the issue of concluding the Brest-Litovsk Peace Treaty with Germany. At the proposal of the Bolshevik faction, the congress ratified the peace treaty concluded in Brest-Litovsk. And only after the approval of the Brest-Litovsk Peace Treaty did the Soviet government have the opportunity to begin organizing systematic and day-to-day government administration of all areas of socialist construction.
By the spring of 1918, a system of supreme bodies of power and management had developed in its most important features, and the process of organizing the state apparatus at the local level was coming to an end. However, neither structural uniformity in the construction of the local state apparatus, nor the necessary coordination in the interaction of central and local bodies, based on the consistent implementation of the principle of democratic centralism, has yet been achieved. The competence of various government bodies was also not properly defined. It was necessary to give the already established mechanism of the Soviet state the necessary harmony and clarity it lacked in the work of all links of the state apparatus.
On March 30, 1918, the Central Committee of the RCP(b) recommended the All-Russian Central Executive Committee of the fourth convocation to form a Constitutional Commission. On March 31, 1918, the Central Committee of the Party once again noted the relevance of the introduction of the first Soviet Constitution and emphasized that the period of gaining power was over, and basic state construction was underway.
In accordance with the recommendations of the Central Committee of the party, on April 1, 1918, the Bolshevik faction of the All-Russian Central Executive Committee, according to the report of Ya. M. Sverdlov, approved its candidates for the Constitutional Commission. It was also supposed to include representatives of a number of people's commissariats. On the same day, at a meeting of the All-Russian Central Executive Committee, a resolution was adopted on the creation of the Constitutional Commission and the representation of factions in it was determined.
On April 19, 1918, at a meeting of the All-Russian Central Executive Committee commission, they voted on three projects: the Bolsheviks, M. A. Reisner, and the Socialist-Revolutionary Maximalists. The commission accepted the Bolshevik project. Further work on sections of the project was carried out by three subcommittees.
The struggle unfolded, first of all, around the question of the dictatorship of the proletariat, the basic constitutional principle. The Left Socialist Revolutionaries opposed the idea of the dictatorship of the proletariat being enshrined in the Constitution.
The “Draft Constitution of the Labor Republic,” presented by the maximalist Socialist-Revolutionaries, also rejected the idea of the dictatorship of the proletariat. This position was taken on a number of fundamental issues by the “left communists,” who, in essence, also denied the need for a period of transition from capitalism to socialism and the need for a strong state of the dictatorship of the proletariat.
The anarcho-syndicalist concept of the “left communists” was reflected in the draft “Fundamental Principles of the Constitution”, developed by Professor M. A. Reisner.
In the project, the role of the Soviets was reduced to the function of simple representation of social and economic collectives of workers - “producers”. The national basis of the Soviet Federation was denied in principle, and it was proposed to build the Soviet Republic “on the principles of a free federal union” of individual cities, provinces, districts and volosts. This was motivated by the fact that a large state and democracy are incompatible, that democracy is possible only in small self-governing communes, not subordinate to the central government and united in a “free federation.”
Reisner’s project was opposed by a document called “Theses on a type of federation”, developed with the participation of Ya. M. Sverdlov and.
Based on these theses, the “Draft of General Provisions of the Constitution of the RSFSR” was developed, which, after a detailed discussion in the Commission, was included as an integral part in the final text of the first Soviet Constitution. These ideas formed the basis of the Bolshevik draft “General Provisions of the Constitution of the RSFSR” approved by the Constitutional Commission on April 19, 1918.
Constitutional Law of Russia: Soviet Constitutional Law from 1918 to the Stalin Constitution.
POWER TO THE WORKERS
The Declaration of the Rights of the Working and Exploited People, approved by the III All-Russian Congress of Soviets in January 1918, together with the Constitution of the Soviet Republic approved by the V All-Russian Congress of Soviets, constitute the single fundamental law of the Russian Socialist Federative Soviet Republic.
This fundamental law comes into force from the moment of its publication in final form in the Izvestia of the All-Russian Central Executive Committee of the Soviets. It must be published by all local bodies of Soviet power and displayed in all Soviet institutions in a prominent place.
The V All-Russian Congress of Soviets instructs the People's Commissariat of Education to introduce in all schools and educational institutions of the Russian Republic, without exception, the study of the basic provisions of this Constitution, as well as their explanation and interpretation.
SECTION ONE
DECLARATION OF THE RIGHTS OF WORKING AND EXPLOITED PEOPLE
Chapter first
1. Russia is declared a Republic of Soviets of Workers', Soldiers' and Peasants' Deputies. All power at the center and locally belongs to these Soviets.
2. The Russian Soviet Republic is established on the basis of a free union of free nations as a federation of Soviet national republics.
Chapter two
3. Setting as its main task the destruction of all exploitation of man by man, the complete elimination of the division of society into classes, the merciless suppression of exploiters, the establishment of a socialist organization of society and victory
socialism in all countries, the III All-Russian Congress of Soviets of Workers', Soldiers' and Peasants' Deputies further decides:
a) In order to implement the socialization of land, private ownership of land is abolished and the entire land fund is declared public property and transferred to the working people without any ransom, on the basis of equal land use.
b) All forests, mineral resources and waters of national importance, as well as all living and dead equipment, model estates and agricultural enterprises are declared a national treasure.
c) As the first step towards the complete transfer of factories, factories, mines, railways and other means of production and transport into the ownership of the Soviet Workers' and Peasants' Republic, the Soviet law on workers' control and on the Supreme Council of the National Economy is confirmed in order to ensure the power of the working people over the exploiters.
d) The III All-Russian Congress of Soviets considers the Soviet law on the annulment (destruction) of loans concluded by the government of the Tsar, landowners and the bourgeoisie as the first blow to international banking and financial capital, expressing confidence that the Soviet government will firmly follow this path until the complete victory of the international worker uprisings against the yoke of capital.
e) The transfer of all banks to the ownership of the workers' and peasants' state is confirmed as one of the conditions for the liberation of the working masses from the yoke of capital.
g) In the interests of ensuring full power for the working masses and eliminating any possibility of restoring the power of the exploiters, the arming of the working people, the formation of the Socialist Red Army of workers and peasants and the complete disarmament of the propertied classes are decreed.
Chapter Three
4. Expressing an unshakable determination to snatch humanity from the clutches of financial capital and imperialism, which have flooded the earth with blood in this most criminal of all wars, the Third All-Russian Congress of Soviets fully joins the policy pursued by the Soviet government of breaking secret agreements, organizing the broadest fraternization with the workers and peasants currently fighting between constitute armies and achievements at all costs by revolutionary measures of the democratic world of working people without annexations and indemnities, on the basis of free self-determination of nations.
5. For the same purposes, the Third All-Russian Congress of Soviets insists on a complete break with the barbaric policy of bourgeois civilization, which built the welfare of the exploiters in a few selected nations on the enslavement of hundreds of millions of the working population in Asia, in colonies in general and in small countries...
From the Constitution of the RSFSR of 1918
REVOLUTIONARY DECLARATION OR LEGAL DOCUMENT?
All Soviet-type constitutions were largely fictitious. They proclaimed principles that were not actually implemented in life. This applied to such principles as the ownership of power by the working people, the sovereignty of the Soviets, the federal structure of Russia, and the use by citizens of political rights and freedoms enshrined in the constitutions.
The Constitution of the RSFSR of 1918 - the first Constitution adopted shortly after the October Revolution and the dissolution of the Constituent Assembly - had the following features.
1. Compared to all subsequent Soviet constitutions, it, as the first Constitution, was not based on the principle of continuity of constitutional development, it determined the foundations of the structure of society at the constitutional level for the first time, guided by the slogans under which the Bolsheviks led by Lenin came to power, and based on the first decrees of the Soviet government, adopted before mid-1918. This Constitution completely erased all previous state and legal experience of Russia and left no stone unturned from pre-revolutionary state institutions and structures.
2. Of all the Soviet constitutions, it was the most ideologized and had an openly class character. It completely denied the general democratic concept of the people as the bearer and source of state sovereignty. She asserted power for the Soviets, for the working population of the country, united in city and rural Soviets. The Constitution directly enshrined the establishment of the dictatorship of the proletariat. Guided by the interests of the working class as a whole, the RSFSR deprived individuals and certain groups of individuals of the rights that these individuals or groups of individuals used to the detriment of the interests of the socialist revolution (Article 23 of the Constitution).
3. The Constitution of 1918 also differed from subsequent constitutions of the RSFSR in a significant number of program provisions, defining in many of its articles the goals to be achieved by the Constitution. This applies to the provisions on the federal structure of Russia, established in the virtual absence of its subjects, to the fixation of certain rights of citizens, aimed at the possibility of their implementation in the future. The Constitution contains a large number of “target” norms.
4. The specific features of the 1918 Constitution include the fact that its norms and provisions go beyond the scope of domestic regulation. It includes regulations aimed at the entire world community, and regulations of a purely political nature. So, in Art. 3 was fixed: “Setting as our main task the destruction of all exploitation of man by man, the complete elimination of the division of society into classes, the merciless suppression of exploiters, the establishment of a socialist organization of society and the victory of socialism in all countries...”. In Art. 4 expresses an unyielding determination to snatch humanity from the clutches of finance capital and imperialism.
6. From the point of view of legal technology related to the design of state legal institutions, usually clearly identified in constitutions, the Constitution of 1918 was largely imperfect in its power, which was also explained by objective factors. The absence of subjects of the Federation did not allow us to highlight the corresponding section in the Constitution. The section on the foundations of the social system could not be presented in a generalized form, since the latter was just being laid.
All the noted features of the 1918 Constitution characterize it as a constitution of a revolutionary type, adopted as a result of a violent change in the social and state system, rejecting all previous legal provisions that existed before the coup or revolution.
The idea of creating the first Soviet Constitution was expressed at the III All-Russian Congress of Soviets by the Left Social Revolutionaries. However, due to the historical situation, the congress delegates limited themselves to adopting the Declaration of the Rights of the Working and Exploited People, which resolved many of the most important issues of the state and social structure of the Russian state, as well as resolutions on the federal institutions of the Russian Republic. In March 1918, the Central Committee of the RCP (b) decided to create a commission to develop the Constitution.
On July 4, 1918, the draft Constitution was presented for discussion at the V Congress of Soviets and on July 10, 1918, the Constitution was adopted unanimously.
· The Constitution of the RSFSR enshrined class democracy, the “dictatorship of the proletariat.” It proclaimed that power in the center and locally belonged to the working masses represented by the Soviets of Workers', Soldiers' and Peasants' Deputies. The Soviet system included: the All-Russian Congress of Soviets of Workers, Peasants, Red Army and Cossack Deputies; regional, provincial, district (district) and volost congresses of Soviets; city and village councils. In the period between the All-Russian Congresses of Soviets, the functions of the highest body of state power were performed by the All-Russian Central Executive Committee, consisting of no more than 200 people. The All-Russian Central Executive Committee was the highest legislative, administrative and control body of the RSFSR; it formed the Council of People's Commissars and people's commissariats to manage individual branches of government. The Council of People's Commissars was responsible to the All-Russian Congress of Soviets and the All-Russian Central Executive Committee.
· In the economic sphere, the abolition of private ownership of land was proclaimed. The entire land fund was declared public property and was to be transferred to the working people without any ransom on the basis of equal land use. All natural resources were declared national treasures.
· The main task of social policy is the destruction of the exploitation of man by man and the establishment of socialism, in which there will be neither division into classes nor state power.
· In the sphere of foreign policy, the policy of the Council of People's Commissars of the RSFSR was approved, which declared the complete independence of Finland, began the withdrawal of troops from Persia, and declared freedom of self-determination for Armenia.
· The form of government of the Russian Soviet Republic was chosen to be a federation of Soviet national republics based on a free union of free nations.
· At the time of Russia’s declaration as a federation, its
subjects were missing. Regional councils, distinguished by their special way of life and national composition, could unite into autonomous regional unions, headed by regional congresses of Soviets and their executive bodies. These autonomous regional unions were part of the RSFSR on the basis of a federation.
· The Constitution of the RSFSR established a rather limited range of individual rights. The most important political right was active and passive suffrage. The Constitution of the RSFSR did not provide for completely general elections. The following were not elected and could not be elected: persons who resorted to hired labor for the purpose of making a profit; persons living on unearned income, such as: interest on capital, income from enterprises, etc.; private traders, trade and commercial intermediaries; monks and clergy of churches and religious cults; employees and agents of the former police, special corps of gendarmes and security departments, as well as members of the reigning house in Russia.
· The elections were not entirely equal; there were advantages in representation for the working class, that is, they were censorial. Thus, the All-Russian Congress of Soviets of Workers, Peasants, Red Army and Cossack Deputies was composed of representatives of city Soviets at the rate of one deputy per 250 thousand voters and representatives of provincial congresses of Soviets at the rate of one deputy per 125 thousand inhabitants. That is, the urban population had an almost fivefold advantage in representation at the All-Russian Congress of Soviets over the rural population.
The elections were direct and multi-stage. The lower level of the Soviets was elected through direct elections by voters. Congresses of Soviets were formed from among the delegates of lower-level Soviets and congresses of Soviets. The voting procedure was not specified in the Constitution of the RSFSR. In practice, open voting developed.
· Among the constitutional political rights, the right to meetings, rallies, and processions was proclaimed. There was a grant of all political rights of Russian citizens to foreigners living on the territory of the RSFSR and belonging to the working class or to the peasantry that did not use the labor of others. Local Soviets had the right to grant such foreigners the rights of Russian citizenship without any formalities.
· Among the constitutional social rights was the right to complete, comprehensive and free education, which, however, was provided only to workers and the poorest peasants.
· Work was declared the duty of all citizens. “He who does not work, let him not eat.” The Constitution of the RSFSR established the duty of all citizens to defend the socialist Fatherland and universal military service. However, the honorable right to defend the revolution with arms in hand was granted only to the working people. Representatives of the overthrown exploiting classes were entrusted with other military duties.
The decrees of the Second Congress of Soviets were the first acts of a constitutional nature, because they solved not only current, but also fundamental problems. This is stage 1 (October 1917). Stage 2 begins with the adoption at the III Congress of Soviets of the Declaration of the Rights of the Working and Exploited People (January 1918) - it was of a programmatic nature. The final stage is the Basic Law of the Republic. The All-Russian Central Executive Committee developed the draft Constitution in 4 months. The following questions were discussed: 1) about the federal structure (the administrative territorial principle of the state structure, to provide each subject with broad rights for self-determination and management of its territory; 2) about the system of Soviets (having eliminated the lower links of this system, replace them with traditional village gatherings. Local councils was supposed to be transformed into municipal bodies). 3) about SNK. Either merge with the All-Russian Central Executive Committee, or remove legislative powers from the Council of People's Commissars. 4) about socio-economic transformations. The radicals (socialist-revolutionary maximalists) insisted on the total socialization of property.
Adoption of the Constitution of the RSFSR of 1918
All proposals were rejected by the commission created in June 1918, headed by Lenin. Amendments were made, the Declaration was included, the draft was supplemented with articles on the rights and responsibilities of citizens, and changes were made to the electoral law. On July 10, 1918, the V Congress of Soviets adopted the first Soviet Constitution and elected a new composition of the All-Russian Central Executive Committee, Bolshevik in composition.
Principles of the Constitution of the RSFSR of 1918
formulated in its six sections: I. Declaration of the Rights of Working and Exploited People; II. General provisions of the Constitution of the RSFSR; III. Constitution of Soviet power in the center and locally; IV. Active and passive suffrage; V. Budget law; VI. About the coat of arms and flag of the RSFSR. The Declaration defined the dictatorship of the proletariat and the system of councils. The first economic transformations in nationalization were legislated. The duration of the Constitution was determined Xia as "the transition from capitalism to socialism."
State system according to the Constitution of the RSFSR of 1918
Worn federal Ha Actor, the subjects of the federation were national republics. The creation of regional unions was envisaged. The Constitution proclaimed the All-Russian Congress of Soviets to be the highest authority. The Congress was elected by the All-Russian Central Executive Committee responsible to it. The All-Russian Central Executive Committee formed the Government of the RSFSR - the Council of People's Commissars, which consisted of people's commissars who headed the sectoral people's commissariats. Local authorities were regional, provincial, district and volost congresses of councils. City and village councils were created in cities and villages. Competence: The All-Russian Congress of Soviets and the All-Russian Central Executive Committee carried out the approval and amendment of the Constitution, adoption, declaration of war and peace, management of foreign, domestic and economic policy, taxes and duties, organization of the armed forces, judicial system and legal proceedings, formation of national legislation.
Electoralsystem according to the Constitution of the RSFSR of 1918.
Only working people were allowed to vote. A significant part was deprived of voting rights (persons using hired labor for profit; living on unearned income; private traders and middlemen; representatives of the clergy, employees of the gendarmerie, police and security departments. Representation was not equal. City councils had an advantage in providing for the small number of workers The country's class has a majority in government. In addition, workers took part in elections not only in territorial districts, but also in party and trade union organizations. The Constitution established a multi-stage system of elections to councils. There were direct elections to village and city councils, and delegates to all subsequent levels. were elected at the relevant congresses of councils on the basis of representation and delegation.
