Gavin Howe
Following the October Revolution of 1917, the Soviet authorities in Russia repealed all Tsarist legislation and established a socialist legal system. This system was rooted in Marxism-Leninism and pre-revolutionary Russian, Byzantine, Mongol, Canon, and Western law. It was hostile to the rule of law, civil liberties, and guarantees of property, which were considered bourgeois morality. The Communist Party dictatorship, led by Vladimir Lenin and the Bolsheviks, ruled by decree and terror, with decision-making concentrated at the highest party levels. The party rapidly established control over media, book publishing, and distribution, and all artistic endeavours were influenced by Communist Party ideology. The legal system was subordinate to the leadership of the Communist Party, with the head of the party wielding immense power. The Soviet legal system regarded law as an arm of politics, and courts as agencies of the government, with extrajudicial powers given to the secret police.
| Characteristics | Values |
|---|---|
| Year of establishment | 1917 |
| Founders | Vladimir Lenin and the Bolsheviks |
| Type of government | Communist dictatorship |
| Legal system | Socialist legal system |
| Court system | Trial court consisting of a judge and two lay judges |
| Law enforcement | NKVD (People's Commissariat for Internal Affairs) |
| Economic system | Public ownership of the means of production |
| Religion | Atheism |
| Artistic expression | Socialist realism |
| Legal influence | Pre-revolutionary Russian law, Marxism-Leninism, and other dictatorships |
| Legislative process | Bills prepared by legislators, guided by legislative rules, and submitted for consideration to the supreme legislative body or referendum |
Explore related products
What You'll Learn
The rule of law
The Bolsheviks ruled by decree, enforced with terror, and employed ruthless methods to suppress real or perceived political enemies. Lenin himself stated that the purpose of the socialist courts was "not to eliminate terror ... but to substantiate it and legitimize it in principle". The regime placed itself above the law, and Lenin, and later Joseph Stalin, wielded immense power, comparable to that of the tsars. The Soviet legal system regarded law as an arm of politics, and courts as agencies of the government.
The trial courts consisted of a professional judge, selected by party officials and typically a party member, and two lay judges, or assessors, from the population. The accused and witnesses were questioned first, followed by the procurator and defence counsel. The accused and the victim could also question each other. The court decided by majority vote, and appeals could be made to a higher court. However, these higher courts could also review decisions made by the lower courts, even if they were deemed "final".
The Soviet Union's conception of human rights was vastly different from international law. According to Soviet legal theory, the government was the beneficiary of human rights, which were to be asserted against the individual. The Soviet state was considered the source of human rights, and extrajudicial powers were granted to the secret police, such as the NKVD, which was used as an instrument of terror by Stalin.
The Communist regime also targeted religion, confiscating church property, harassing believers, and propagating atheism in schools. The Russian Orthodox Church was particularly persecuted, with most of its clergy and many believers executed or sent to labour camps.
In conclusion, the rule of law in Communist Russia was characterised by centralisation of power, suppression of dissent, a politicised legal system, and a disregard for human rights and religious freedom.
The Evolution of Sexual Harassment Laws: A Historical Overview
You may want to see also
Explore related products
Civil liberties
In 1917, the Soviet authorities repealed all Tsarist legislation and established a socialist legal system. According to critics, this system abolished Western legal concepts, including civil liberties, the rule of law, protection of law, and guarantees of property. For example, profiteering could be interpreted as a counter-revolutionary activity punishable by death.
Soviet authors, however, claimed that the new socialist rule of law protected personal properties and civil liberties and developed the basis of an international rule of law. The deportation of the 'Kulaks' in 1928–31 was carried out within the terms of the Soviet Civil Code. The Soviet government and legal theorists like Andrey Vyshinsky considered civil liberties and the rule of law as examples of "bourgeois morality" that needed to be curbed.
The Soviet Union's conception of human rights was very different from international law. According to Soviet legal theory, the government was the beneficiary of human rights, which were to be asserted against the individual. The Soviet state was considered the source of human rights, and the Soviet legal system regarded law as an arm of politics and courts as agencies of the government. Extensive extrajudicial powers were given to the Soviet secret police agencies.
The Soviet Union and other countries in the Soviet Bloc abstained from affirming the Universal Declaration of Human Rights (1948), considering it "overly juridical" and an infringement on national sovereignty. While the Soviet Union later signed legally-binding human rights documents, such as the International Covenant on Civil and Political Rights in 1973, these were neither widely known nor accessible to people under Communist rule and were not taken seriously by Communist authorities. Human rights activists in the Soviet Union faced harassment, repression, and arrests.
The Soviet Union under Joseph Stalin and the Communist Party's ideology also impacted civil liberties. Stalin's secret police, the NKVD, had vast punitive powers and were a direct instrument used against the party and country during the Great Terror of the 1930s. The Communist Party controlled print and electronic media, book publishing and distribution, bookstores, and libraries, and it created or abolished newspapers and periodicals. The party also established socialist realism as the only acceptable aesthetic in 1932.
Additionally, the Soviet Union was the first state with the ideological objective of eliminating religion. The Communist regime confiscated church property, ridiculed religion, harassed believers, and propagated atheism in schools. While most organized religions were never outlawed, actions against particular religions, such as the Russian Orthodox Church, included shooting or sending clergy and believers to labor camps, closing theological schools, and prohibiting church publications.
Murphy's Law: The Origin and History of a Concept
You may want to see also
Explore related products
Equality before the law
The concept of equality before the law in Communist Russia, or the Soviet Union, was markedly 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. In practice, this meant that the Soviet government significantly curbed the rule of law, civil liberties, protection of law, and guarantees of property, which were considered "bourgeois morality".
The Soviet conception of human rights was also vastly different from international law. According to Soviet legal theory, the government was the beneficiary of human rights, which were to be asserted against the individual. The Soviet state was considered the source of human rights, and the Soviet legal system regarded law as an arm of politics and courts as agencies of the government. This resulted in extensive extrajudicial powers being granted to the Soviet secret police agencies, such as the NKVD, which was used by Joseph Stalin as a direct instrument to carry out the Great Terror of the 1930s.
The trial court system in the Soviet Union consisted of a professional judge with a 5-year term and two assessors (lay judges) with a 2.5-year term. The judges first questioned the accused and witnesses, followed by the procurator and defence counsel to corroborate the evidence in the indictment. The accused and the victim could also question each other and the witnesses. The court decided by majority vote, and the decision could be appealed to a higher court consisting of three professional judges. However, the judges were selected by party officials and were almost always party members, with the lay judges pressured to agree with the judge's decision.
The Soviet Union and other countries under its influence abstained from affirming the Universal Declaration of Human Rights (1948), considering it "overly juridical" and a potential infringement on national sovereignty. While the Soviet Union later signed legally-binding human rights documents, these were neither widely known nor accessible to people living under Communist rule and were not taken seriously by the Communist authorities.
In summary, while the Soviet Union had a legal system with courts and trials, the concept of equality before the law was not a fundamental principle as it may be in other democratic nations. The Communist regime's ideology and practice often superseded legal norms, and the state held ultimate power over the interpretation and enforcement of laws, with little regard for international human rights standards.
The Evolution of Sexual Harassment Law in the US
You may want to see also
Explore related products
The role of the secret police
The first secret police force in Communist Russia was the Cheka, established in December 1917 under the leadership of Felix Dzerzhinsky. The Cheka was a political police force that protected Communist rule during the Civil War and attacked socialists and counter-revolutionaries. They also helped the Red Army requisition grain from peasants and closed down opposition newspapers, imprisoning socialist opponents.
In 1922, the Cheka was reorganized into the State Political Directorate or GPU, which was initially less powerful. However, under Joseph Stalin, the secret police once again acquired vast punitive powers. In 1934, the GPU was transformed into the NKVD (People's Commissariat for Internal Affairs), which was no longer subject to party control or restricted by law. The NKVD became a direct instrument of Stalin, responsible for carrying out political repression, the Great Purge, and political murders of those Stalin believed opposed him.
The NKVD also served as an arm of the government for lethal mass persecution and destruction of ethnic minorities and religious beliefs. They established espionage networks in nearly every major Western country and recruited agents from all walks of life. In 1946, all People's Commissariats were renamed Ministries, and the NKVD became the MVD.
After Stalin's death in 1953, the NKVD was replaced by the KGB, which functioned as the secret police until 1991 when it was dissolved. The role of the secret police under the KGB was more focused on controlling dissidents who refused to conform to the expectations of the Soviet regime, rather than mass terror.
Creating Hunting and Angling Laws: Who's Responsible?
You may want to see also
Explore related products
The influence of Marxism-Leninism
Marxism-Leninism is a communist ideology that became the predominant ideology of most communist governments throughout the 20th century. It was developed in the Union of Soviet Socialist Republics (USSR) by Joseph Stalin, drawing on elements of Bolshevism, Leninism, and Marxism. The ideology was influenced by Vladimir Lenin's belief that literature and art could be exploited for ideological, political, and educational purposes.
In the aftermath of the October Revolution of 1917, Leninism was the dominant version of Marxism in Russia and the basis of Soviet democracy, with directly elected soviets. Leninism, as a revolutionary means to achieving socialism, resulted in the creation of a totalitarian state in the Soviet Union. Leninism's unrestrained pursuit of a socialist society led to the Communist Party regulating every aspect of the Soviet Union's political, economic, cultural, and intellectual life, tolerating no opposition.
Marxism-Leninism views law as a superstructure in the base and superstructure model of society. The Soviet legal system regarded law as an arm of politics and courts as agencies of the government, with extrajudicial powers given to the Soviet secret police agencies. The USSR and other countries in the Soviet bloc abstained from affirming the Universal Declaration of Human Rights, considering it "overly juridical" and a potential infringement on national sovereignty.
Stalin's ideological orthodoxy in the Russian Communist Party, the Soviet Union, and the Communist International established universal Marxist-Leninist praxis. The internationalism of Marxism-Leninism was expressed through supporting revolutions in other countries, initially through the Communist International, and later through the concepts of national democratic states and states of socialist orientation.
The First Written Law: Ancient Civilizations' Legacy
You may want to see also
Frequently asked questions
The Communist Party dictatorship, led by Vladimir Lenin and the Bolsheviks, created laws in Communist Russia. The party ruled by decree, enforced with terror, and was inherently hostile to any form of popular participation in politics.
The legal system in Communist Russia was based on Marxism-Leninism, which views law as a superstructure in the base and superstructure model of society. The Soviet legal system regarded law as an arm of politics and courts as agencies of the government.
The process of creating laws in Communist Russia involved the preparation of a bill, which included analysing the requirements for settling a certain sphere of public relations and identifying gaps in current legislation. This was followed by decision-making, text development, discussion, and coordination with relevant bodies and organisations. The text was then submitted for consideration by the supreme legislative body or a referendum.
