1936 Constitution of the Soviet Union

The 1936 Constitution of the Soviet Union, also known as the Stalin Constitution, was the constitution of the Soviet Union adopted on 5 December 1936.

1936 Constitution of the Soviet Union
Congress of Soviets of the Soviet Union
Long title 1936 Constitution of the Union of Soviet Socialist Republics
Territorial extent	Soviet Union
Enacted by	Congress of Soviets of the Soviet Union
Signed by	Joseph Stalin
Effective	5 December 1936; 86 years ago (1936-12-05)
Repealed	7 October 1977; 45 years ago (1977-10-07)
Status: Repealed

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Constitution of the Soviet Union (1936)

The 1936 Constitution was the second constitution of the Soviet Union and replaced the 1924 Constitution, with 5 December being celebrated annually as Soviet Constitution Day from its adoption by the Congress of Soviets.^[1] This date was considered the "second foundational moment" of the USSR, after the October Revolution in 1917.^[2] The 1936 Constitution redesigned the government of the Soviet Union, nominally granted all manner of rights and freedoms, and spelled out a number of democratic procedures. The Congress of Soviets replaced itself with the Supreme Soviet, which amended the 1936 Constitution in 1944.

The 1936 Constitution was the longest surviving constitution of the Soviet Union, and many Eastern Bloc countries later adopted constitutions that were closely modeled on it. It was replaced by the 1977 Constitution of the Soviet Union ("Brezhnev Constitution") on 7 October 1977.

Basic provisions

 

1952 postage stamp marking the 15th anniversary of the Soviet Constitution, illustrating the right to recreation

The 1936 Constitution repealed restrictions on voting, abolishing the lishentsy category of people, and added universal direct suffrage and the right to work to rights guaranteed by the previous constitution. In addition, the 1936 Constitution recognized collective social and economic rights including the rights to work, rest and leisure, health protection, care in old age and sickness, housing, education and cultural benefits. The 1936 Constitution also provided for the direct election of all government bodies and their reorganization into a single, uniform system.

Article 122 states that "women in the U.S.S.R. are accorded equal rights with men in all spheres of economic, state, cultural, social and political life."^[3] Specific measures on women included state protection of the interests of mother and child, prematernity and maternity leave with full pay, and the provision of maternity homes, nurseries, and kindergartens.^[3]

Article 123 establishes equality of rights for all citizens "irrespective of their nationality or race, in all spheres of economic, state, cultural, social, and political life."^[3] Advocacy of racial or national exclusiveness, or hatred or contempt, or restrictions of rights and privileges on account of nationality, were to be punished by law.^[3]

Freedom of religion and speech

Article 124 of the constitution guaranteed freedom of religion, including separation of (1) church and state, and (2) school from church.^[3] The reasoning of the Article 124 is framed in terms of ensuring "to citizens freedom of conscience ... Freedom of religious worship and freedom of anti-religious propaganda is recognized for all citizens."^[3] Stalin included Article 124 in the face of stiff opposition, and it eventually led to rapprochement with the Russian Orthodox Church before and during World War 2. The new constitution re-enfranchised certain religious people who had been specifically disenfranchised under the previous constitution. The article resulted in members of the Russian Orthodox Church petitioning to reopen closed churches, gain access to jobs that had been closed to them as religious figures, and the attempt to run religious candidates in the 1937 elections.^[4]

Article 125 of the constitution guaranteed freedom of speech of the press and freedom of assembly.^[5] However, these "rights" were circumscribed elsewhere, so the erstwhile "freedom of the press" ostensibly guaranteed by Article 125 was of no practical consequence as Soviet law held that "Before these freedoms can be exercised, any proposed writing or assembly must be approved by a censor or a licensing bureau, in order that the censorship bodies shall be able to exercise "ideological leadership.""^[6]

Leading role of Communist Party

The 1936 constitution specifically mentioned the role of the ruling All-Union Communist Party (b) for the first time.^[7] Article 126 stated that the Party was the "vanguard of the working people in their struggle to strengthen and develop the socialist system and representing the leading core of all organizations of the working people, both public and state".^[8] This provision was used to justify banning all other parties from functioning in the Soviet Union and legalizing the one-party state.^[9]

Nomenclature changes

The 1936 Constitution replaced the Congress of Soviets of the Soviet Union with the Supreme Soviet of the Soviet Union. Unlike its unicameral predecessor, the Supreme Soviet contained two chambers: the Soviet of the Union and the Soviet of Nationalities.^[10] The constitution empowered the Supreme Soviet to elect commissions, which performed most of the Supreme Soviet's work. The Central Executive Committee of the Congress of Soviets was replaced by the Presidium of the Supreme Soviet which, much like its predecessor, exercised the full powers of the Supreme Soviet between sessions and had the right to interpret laws. The Chairman of the Presidium of the Supreme Soviet became the titular head of state of the Soviet Union. The Council of People's Commissars, known after 1946 as the Council of Ministers, continued to act as the executive arm of the government.^[11]

The 1936 Constitution changed the names of all Union Republics, the constituent states of the Soviet Union, transposing the second word "socialist" and third word "soviet" (or equivalent e.g. "radianska" in Ukrainian). Republics were named after the primary nationality and followed by "Soviet Socialist Republic" (SSR), except for the Russian Soviet Federative Socialist Republic (RSFSR).

The Transcaucasian Socialist Federative Soviet Republic, one of the four republics to sign the Treaty on the Creation of the USSR, was dissolved and its constituent republics, the Georgian Soviet Socialist Republic, Armenian Soviet Socialist Republic and Azerbaijani Soviet Socialist Republic, were elevated to union republics individually.

Drafting

The 1936 Constitution was written by a special commission of 31 members which General Secretary Joseph Stalin chaired. Those who participated included (among others) Andrey Vyshinsky, Andrei Zhdanov, Maxim Litvinov, Kliment Voroshilov, Vyacheslav Molotov, Lazar Kaganovich, Nikolai Bukharin, and Karl Radek, though the latter two had less active input.^[12]

Soviet portrayal and criticism

The 1936 Constitution enumerated economic rights not included in constitutions in the Western democracies. The constitution was presented as a personal triumph for Stalin, who on this occasion was described by Pravda as "genius of the new world, the wisest man of the epoch, the great leader of communism".^[13] However, historians have seen the constitution as a propaganda document. Leonard Schapiro, for example, writes: "The decision to alter the electoral system from indirect to direct election, from a limited to a universal franchise, and from open to secret voting, was a measure of the confidence of the party in its ability to ensure the return of candidates of its own choice without the restrictions formerly considered necessary"; and that "a careful scrutiny of the draft of the new constitution showed that it left the party's supreme position unimpaired, and was therefore worthless as a guarantee of individual rights".^[14] Isaac Deutscher called it "a veil of liberal phrases and premises over the guillotine in the background". Hannah Arendt observed that it was hailed as the ending of the Soviet Union's "revolutionary period", but was immediately followed by the country's most intense purges in its history,^[15] the Great Purge in which many of the constitution's organizers and draftees — such as Yakov Yakovlev, Aleksei Stetskii, Boris Markovich Tal',^[16] Vlas Chubar, Karl Radek, Nikolai Bukharin, and Ivan Akulov^[17] — were imprisoned or executed as counterrevolutionaries shortly after their work was complete.

According to J. Arch Getty, "Many who lauded Stalin's Soviet Union as the most democratic country on earth lived to regret their words. After all, the Soviet Constitution of 1936 was adopted on the eve of the Great Terror of the late 1930s; the "thoroughly democratic" elections to the first Supreme Soviet permitted only uncontested candidates and took place at the height of the savage violence in 1937. The civil rights, personal freedoms, and democratic forms promised in the Stalin constitution were trampled almost immediately and remained dead letters until long after Stalin's death."^[18]

1944 amendments

The 1944 amendments to the 1936 Constitution established separate branches of the Red Army for each Soviet Republic, and also established Republic-level commissariats for foreign affairs and defense, allowing them to be recognized as sovereign states in international law. This allowed for two Soviet Republics, Ukraine and Byelorussia, to join the United Nations General Assembly as founding members in 1945.^[19][20][21]

See also

• Bibliography of Stalinism and the Soviet Union § Government

References

1. Encyclopaedia of Contemporary Russian (2007). Routledge. p. 250. ISBN 0415320941.
2. Kriza, Elisa (2016). "From Utopia to Dystopia: Bukharin and the Soviet Constitution of 1936". In Simonsen, Karen-Margrethe (ed.). Discursive Framings of Human Rights. London: Routledge. p. 81. ISBN 9781138944503.
3. Boer, Roland (2017). Stalin : from theology to the philosophy of socialism in power. Singapore: Springer. p. 166. ISBN 978-981-10-6367-1. OCLC 1007090474.
4. Fitzpatrick, Sheila (1999). Everyday Stalinism: Ordinary Life in Extraordinary Times: Soviet Russia in the 1930s. New York. Oxford University Press. p. 179.
5. Beard, Robert (1996). "1936 Constitution of the USSR, Part IV". Bucknell University. Retrieved 5 May 2017.
6. Towe, Thomas (1967). "Fundamental Rights in the Soviet Union: A Comparative Approach". University of Pennsylvania Law Review. 115 (8): 1267. doi:10.2307/3310959. JSTOR 3310959. Retrieved 30 August 2018. citing Hazard, John N. (1947). "The Soviet Union and a World Bill of Rights". Columbia Law Review. 47 (7): 1109. doi:10.2307/1117886. JSTOR 1117886. Retrieved 28 February 2021. and Statute on GLAVLIT, R.S.F.S.R. Laws 1931, text 273, § 1, text 347, quoted in Gsovski, Vladimir (1959). Government, Law, and Courts in the Soviet Union and Eastern Europe. F. A. Praeger. p. 29.
7. Loeber, Dietrich André, ed. (1986). Ruling Communist Parties and Their Status Under Law. Law in Eastern Europe. Vol. 31. Dordrecht: Martinus Nijhoff Publishers. p. 438. ISBN 9789024732098. Retrieved 19 December 2015. [...] with the exception of the 1924 Mongolian Constitution, all of the constitutions of the Eastern European and Asian Communist states were adopted after the second USSR Constitution of 1936 had been promulgated in which the first direct mention of the Communist Party can at last be found.
8. "Конституция (Основной закон) Союза Советских Социалистических Республик (утверждена постановлением Чрезвычайного VIII Съезда Советов Союза Советских Социалистических Республик от 5 декабря 1936 г.). Глава Х: Основные права и обязанности граждан" [Constitution (Basic Law) of the Union of Soviet Socialist Republics (confirmed by the decision of the Extraordinary 8th Session of the Soviets of the Union of Soviet Socialist Republics of 5 December 1936). Chapter 10: Basic rights and duties of citizens]. Sait Konstitutsii Rossiiskoi Federatsii (in Russian). НПП "Гарант-Сервис". Retrieved 19 December 2015. Статья 126. В соответствии с интересами трудящихся и в целях развития организационной самодеятельности и политической активности народных масс гражданам СССР обеспечивается право объединения в общественные организации: профессиональные союзы, кооперативные объединения, организации молодежи, спортивные и оборонные организации, культурные, технические и научные общества, а наиболее активные и сознательные граждане из рядов рабочего класса и других слоев трудящихся объединяются во Всесоюзную коммунистическую партию (большевиков), являющуюся передовым отрядом трудящихся в их борьбе за укрепление и развитие социалистического строя и представляющую руководящее ядро всех организаций трудящихся, как общественных, так и государственных.
9. Tamara O. Kuznetsova, Inna A. Rakitskaya and Elena A. Kremyanskaya (2014). Russian Constitutional Law.
10. Waller, Sally (2015). Tsarist and Communist Russia 1855–1964. Oxford: Oxford University Press. p. 142. ISBN 978-0-19-835467-3.
11. Law, David A. (1975). Russian civilization. Ardent Media. p. 185. ISBN 0-8422-0529-2.
12. J. Arch Getty (Spring 1991). "State and Society Under Stalin: Constitutions and Elections in the 1930s". Slavic Review. Vol. 50. No. 1. p. 19, 22.
13. Pravda (25 November 1936).
14. Leonard Schapiro (1971). The Communist Party of the Soviet Union (2nd ed.). Random House. New York. pp. 410–411.
15. Arendt, Hannah (1976). The Origins of Totalitarianism. Harcourt (1976); Mariner Books (2001). pp. 394–395. ISBN 978-0156701532.
16. Lomb, Samantha (March 2014). "A Fundamental Conflict of Vision: Stalin's Constitution and Popular Rejection" (PDF). Ohio State University. Retrieved 8 June 2019.
17. Lomb, Samantha (2017). Stalin's Constitution: Soviet Participatory Politics and the Discussion of the 1936 Draft Constitution. Routledge. ISBN 978-1138721845.
18. J. Arch Getty (1991) "State and Society Under Stalin: Constitutions and Elections in the 1930s". Slavic Review. Vol. 50. No. 1. pp. 18—35.
19. "Walter Duranty Explains Changes In Soviet Constitution" 2015-09-04 at the Wayback Machine. Miami News. 6 February 1944.
20. "League of Nations Timeline – Chronology 1944".
21. "United Nations – Founding Members".

•   This article incorporates public domain material from the Library of Congress Country Studies. – Soviet Union

External links

• "Конституция С.С.С.Р. 1936 г.". (full text and all subsequent laws amending the 1936 Constitution) (in Russian).
• "1936 Constitution of the U.S.S.R.". (full text and all subsequent laws amending the 1936 Constitution) (in English).
• Peter Petroff (July 1936). "New Constitution of the U.S.S.R.".
• "Stalin's Soviet Constitution with Updated Amendments". (Full text and all subsequent laws amending the 1936 Soviet Constitution) (in English).
• "Stalin's Constitution with all its Amendments, different source" (In page 201, the authentic constitution with all the official amendments.) (in English).