Bill To Law: Soviet Union's Legislative Process

The process of how a bill becomes a law in the Soviet Union was fundamentally different from that in democratic countries. The Soviet legal system was rooted in Marxism-Leninism, which viewed law as a superstructure in the base and superstructure model of society. After the 1917 Russian Revolution, the Communist Party placed itself above the law and gave the party leader powers akin to those of the tsars. The legal system was designed to ensure party control, with the judiciary officially subordinated to the Supreme Soviet of the Soviet Union. While the Soviet Union had a constitution and a court system, the rule of law, civil liberties, and protection of law were not well-established concepts. The process of lawmaking was highly centralised, with legislation debated and approved by top party leaders before being transmitted to the Supreme Soviet for unanimous approval.

The Soviet legal system was rooted in Marxism-Leninism and pre-revolutionary Russian law

Marxism-Leninism holds that a two-stage communist revolution is needed to replace capitalism. A vanguard party, organised through democratic centralism, would seize power on behalf of the proletariat and establish a one-party socialist state, or the 'dictatorship of the proletariat'. The state would then control the means of production, suppress opposition, counter-revolution, and the bourgeoisie, and promote Soviet collectivism, to pave the way for an eventual communist society that would be classless and stateless.

In the Soviet Union, Marxism-Leninism was the predominant ideology from the 1920s onwards. It was first developed by Stalin in the 1920s, based on his interpretation of classical Marxism and Leninism. It became the official state ideology in 1936, with the publication of Stalin's 'History of the Communist Party of the Soviet Union'.

The Soviet legal system was also rooted in pre-revolutionary Russian law. Before the October Revolution of 1917, Russian law drew on Byzantine law, Mongol law, Russian Orthodox Canon law, and, from the 1860s onwards, Western law. However, the supremacy of law and equality before the law were not well-known concepts, the tsar was not bound by the law, and the police had unlimited authority.

In 1917, the Soviet authorities formally repealed all Tsarist legislation and established a socialist legal system. This system abolished Western legal concepts such as the rule of law, civil liberties, and the protection of property. In their place, the Soviet Union established a socialist rule of law, which, they claimed, protected personal properties and civil liberties.

The Soviet legal system was thus a combination of Marxism-Leninism and pre-revolutionary Russian law. Marxism-Leninism provided the ideological basis for the system, while pre-revolutionary Russian law continued to influence the legal process and legal reasoning.

The Communist Party was above the law and the Supreme Soviet of the USSR had legislative power

The Communist Party was above the law in the Soviet Union. Immediately after the 1917 Russian Revolution, the regime placed itself above the law and gave the head of the Communist Party powers akin to those enjoyed by the tsars. The Communist Party's ideology was hostile to the law, proclaiming that the state and all its institutions would "wither away" after the communist revolution.

The Communist Party's leadership effectively subordinated all aspects of the Soviet legal system to itself. Legislation was debated and approved by top party leaders before being transmitted to the Supreme Soviet of the USSR, the Soviet Union's legislature, for unanimous approval. The Supreme Soviet of the USSR was the highest organ of state authority and the sole body with legislative power. It was composed of two chambers: the Soviet of the Union and the Soviet of Nationalities. Both chambers had equal rights and the power to initiate legislation. A law was considered adopted if passed by both chambers by a simple majority vote.

The court system was also designed to ensure party control of judicial decisions. Juries were abolished and replaced by a trial court consisting of a judge, who was typically a party member, and two laypersons. This system was designed to give the appearance of popular participation without actually involving it. Control over judicial decisions was also exercised by allowing easy appeals through higher judicial levels to the supreme courts of the Soviet republics and the Supreme Court of the Soviet Union.

The Communist Party's control over the legal system allowed it to implement policies that contradicted the rule of law and basic human rights. For example, suspected enemies of the revolution could be eliminated without trials, and profiteering could be interpreted as a counter-revolutionary activity punishable by death. The Communist Party also restricted foreign travel by Soviet citizens to prevent exposure to free societies.

The judiciary was subordinate to the Supreme Soviet

The Soviet legal system was rooted in pre-revolutionary Russian law, Marxism-Leninism, and the belief that law was a tool of "bourgeois domination and a reflection of bourgeois values". As such, the Soviet judiciary was officially subordinate to the Supreme Soviet of the Soviet Union.

The Supreme Soviet of the Soviet Union was the highest organ of state authority and the sole legislative body in the USSR. It was made up of two chambers: the Soviet of the Union and the Soviet of Nationalities, both of which had equal rights. A law was considered adopted if passed by both chambers by a simple majority vote. The Supreme Soviet also elected the Presidium of the Supreme Soviet, which was accountable to the Supreme Soviet for all its activities. The Presidium had the power to interpret laws, issue decrees, dissolve the Supreme Soviet, conduct referendums, annul decisions and orders of the Council of People's Commissars, and appoint or relieve People's Commissars of their posts.

The Supreme Soviet was responsible for appointing the government of the USSR, known as the Council of People's Commissars. This body issued decisions and orders based on the laws in operation and supervised their execution. The Council of People's Commissars was responsible for coordinating and directing the work of various All-Union and Union-Republican People's Commissariats, as well as other economic and cultural institutions under its administration. It also adopted measures to carry out the national economic plan and state budget, and to strengthen the credit and monetary system.

The Supreme Soviet also played a crucial role in the judicial system, as it was responsible for legislation on the judicial system and judicial procedure, criminal and civil codes. The Supreme Court of the USSR, the highest judicial organ, was elected by the Supreme Soviet for a term of five years. While judges were considered independent and subject only to the law, the extensive extrajudicial powers given to the Soviet secret police agencies and the control exerted by the Communist Party over judicial decisions at all levels meant that the judiciary was effectively subordinate to the Supreme Soviet and, ultimately, the Communist Party.

The 1918 Constitution was replaced by the 1924, 1936, and 1977 Constitutions

During its existence, the Soviet Union had three different constitutions that were enforced at different times between 31 January 1924 and 26 December 1991. The 1918 Constitution of Soviet Russia was replaced by the 1924 Constitution of the Soviet Union, also known as the "Lenin Constitution". This constitution was enacted by the Congress of Soviets, the supreme governing body of the Soviet Union since its founding in 1922.

The 1924 Constitution was then replaced by the 1936 Constitution of the Soviet Union, or the "Stalin Constitution", on 5 December 1936. This constitution was enacted by the same Congress of Soviets, which then replaced itself with the Supreme Soviet, becoming the new supreme governing body. The 1936 Constitution was the longest-surviving constitution of the Soviet Union, and it served as a model for the constitutions of many Eastern Bloc countries.

The 1936 Constitution was eventually replaced by the 1977 Constitution of the Soviet Union, also known as the "Brezhnev Constitution" or the "Constitution of Developed Socialism". This final constitution of the Soviet Union was adopted unanimously at the 7th (Special) Session of the Ninth Convocation of the Supreme Soviet and was signed by Chairman Leonid Brezhnev. The 1977 Constitution extended the scope of constitutional regulation of society compared to the previous two constitutions and included a preamble stating that the Soviet state now represented the whole people, rather than just the workers and peasants.

All three constitutions were modelled after the 1918 Russian Constitution, established by the Russian Soviet Federative Socialist Republic (RSFSR), the immediate predecessor and a constituent republic of the Soviet Union. They shared basic provisions, including the Soviet Union as a socialist state, the leadership of the working class, the forms of social property, and the call for a system of soviets (councils) to exercise governmental authority. They also declared certain political rights, such as freedom of speech, assembly, and religion, and identified a series of economic and social rights, as well as duties, for all citizens.

The Soviet legal model was imposed on Eastern Bloc countries and later adopted by ruling communist parties in China, Cuba, North Korea, and Vietnam

China

The People's Republic of China, established in 1949, has a largely civil law system, influenced by the German civil law system in the 19th and early 20th centuries. Since its formation, China has lacked judicial independence or judicial review, as courts do not have authority beyond what is granted to them by the National People's Congress under a unified power system. The Chinese Communist Party's Central Political and Legal Affairs Commission maintains effective control over the courts and their personnel.

During the Maoist period (1949-1978), the Chinese government held a hostile attitude towards a formalised legal system, and the concept of law itself was not accepted. Courts were closed, law schools were shut down, and lawyers were forced to change careers or be sent to the countryside. In the mid-1950s, China attempted to import a socialist legal system based on the Soviet Union's. However, from the late 1950s to the end of the Cultural Revolution in the 1970s, China lacked most of the features of a formal legal system.

In 1979, this policy changed, and Deng Xiaoping and the CCP implemented an "open-door" policy, using the law as a tool to support economic growth. The development of the current Chinese legal system dates from the late 1970s, after the end of the Cultural Revolution.

Cuba

Cuba, a former Spanish colony, has a civil law system with socialist law influences. The Republic of Cuba has been governed under the rubric of socialist ideology since the 1959 Revolution, led by Fidel Castro Ruz. The Communist Party of Cuba (PCC) drives and contours domestic policy, although it is not officially part of the Cuban government. The National Assembly of People's Power (ANPP) is the highest organ of state power, with constitutional and legislative powers. It appoints the president and elects the prime minister.

North Korea

North Korea has a codified civil law system inherited from colonial Japan, influenced by the Soviet Union, and governed by The Socialist Constitution. North Korea's three-tier court system, comprising a Central Court, provincial courts, and county courts, is based on the Soviet model. Judicial affairs are handled by the Central Procurator's Office. North Korean attorneys must join the Choson Bar Association, which determines professional standards and attorney qualifications.

Vietnam

Vietnam's legal system is based on communist legal theory and French civil law. The National Assembly, the highest organ of state power, establishes national policy and has constitutional and legislative powers. It appoints the president and elects the prime minister. Almost all of its 498 members are Party members, and all members of the Politburo and the Party's Central Committee sit on the National Assembly.

Vietnam has a four-tier system of People's Courts, with corresponding military courts. The National Assembly has supervisory authority over the court system, and Party committees screen the nomination and selection of judges. The Supreme People's Court exercises post-judgment cassation review of petitions challenging the legality of lower court rulings.

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