Soviet law

Law that developed in the Soviet Union after the Russian Revolution of 1917 and that, after World War II, was assimilated by other communist states.

Legislative enactments, including the constitution of the U.S.S.R., were the principal sources of law in the Soviet legal system; these were then elaborated in codes of statutes by each union republic. No distinction between public and private law existed; all legal matters involved the state. Law was generally thought of as a force for restructuring society and advancing the nation toward communism. Also known as socialist law, it was based on the writings of Karl Marx and Friedrich Engels. In addition to criminal and civil offenses, "administrative offenses" constituted a large proportion of cases and were dealt with outside the court system.

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Introduction

also called  Socialist law 

      law developed in Russia after the communist seizure of power in 1917 and imposed throughout the Soviet Union (Union of Soviet Socialist Republics) in the 1920s. After World War II, the Soviet legal model also was imposed on Soviet-dominated regimes in eastern and central Europe. Later, ruling communist parties in China, Cuba, North Korea, and Vietnam adopted variations of Soviet law. Soviet law, which changed radically during its more than 70 years of development in the Soviet Union, revived certain features of earlier tsarist law, shared key elements with the law of other dictatorships, and introduced public ownership of the means of production and subordination of the legal system to the Soviet Communist Party (Communist Party of the Soviet Union).

History

      Many basic features of Soviet law came into effect very soon after the Russian Revolution of 1917. The regime immediately placed itself above the law and gave the head of the Communist Party powers similar to those enjoyed for centuries by the tsars (tsar). The new government replaced elected officials with its own leaders; it decreed that suspected enemies of the revolution should be eliminated without trials; it expropriated land, banks, insurance companies, and large factories; and it promulgated its ideology and suppressed opposing speech. In important ways, however, the legal system of the immediate postrevolutionary period differed from Soviet law as it developed later. The ideology imposed by the party was hostile to law, proclaiming, on the authority of Karl Marx (Marx, Karl), that the state and all its institutions (including legal ones) would “wither away” after the communist revolution. Accordingly, the new regime destroyed the prerevolutionary legal structure of the market economy, including property, contract, and business law. In 1921 Soviet communist leader Vladimir Lenin (Lenin, Vladimir Ilich) introduced the New Economic Policy, which restored the legal basis necessary for the economy to function. He ordered that a civil code based upon western European civil law be drafted and enacted. The code allowed the formation of business entities and protected basic contract and property rights. Other legislation established a court system to enforce these rights and to try criminal cases.

      The New Economic Policy was ended after Joseph Stalin (Stalin, Joseph) became leader of the Soviet Union and asserted total central control over the economy. The Soviet government nationalized the remaining private businesses and forced peasants onto party-controlled collective farms (kolkhozy (kolkhoz)). Soviet law developed a new role as an instrument for the implementation of party policy and national economic planning. Although political repression had begun immediately after the revolution and had continued afterward, it returned on an extensive scale in the 1930s, when large numbers of suspected political opponents and peasants who resisted forced grain requisition and farm collectivization were executed or sent to forced-labour (forced labour) camps. Some of this repression was accomplished through the regular courts, but much of it occurred through the state security apparatus, which had the authority to imprison anyone without a trial. In high-profile, carefully scripted purge trials, perceived political opponents of the government were convicted of heinous offenses that they had not committed. With the aid of his chief legal adviser, Andrey Vyshinsky (Vyshinsky, Andrey), Stalin abandoned traditional Marxist ideology and announced that a strong Soviet state and legal system were necessary. In 1936 he promulgated a new constitution and proclaimed a new ideology, portraying Soviet law as a just system that would bring about an orderly transformation of society to a communist utopia. Legislation that contradicted this ideology was kept secret, and Stalin and his successors greatly restricted foreign travel by Soviet citizens to prevent exposure to free societies.

      After Stalin's death in 1953, the new Soviet leader, Nikita Khrushchev (Khrushchev, Nikita Sergeyevich), set out to rectify some of the Stalinist legal system's worst features. Many who had been condemned to labour camps were formally rehabilitated; freer speech was allowed; and decentralized regulation of the economy was attempted. After Khrushchev's ouster in 1964, his successors restored centralized legal control of the economy and again limited freedom of speech, but through perversion of the legal system rather than by other means. They fired editors of liberal publications and committed dissidents to insane asylums or imprisoned them on false criminal charges.

      The liberalization of the Soviet economy and political system by Mikhail Gorbachev (Gorbachev, Mikhail) in the mid-1980s undermined some of the basic elements of the Soviet legal system. The use of false criminal charges and psychiatric diagnoses to control dissidents was largely halted; partially free elections and some free speech were allowed; and private businesses were legalized. As the Soviet legal system disintegrated, the Soviet Union weakened. The Soviet republics and the satellite states of central and eastern Europe escaped from Soviet control and soon rejected Soviet law. The countries that retained systems based on Soviet law—for example, Belarus, China, Cuba, North Korea, Turkmenistan, and Vietnam—continued the arbitrary imprisonment of dissidents and eschewed open and fair democratic elections. With the exception of North Korea, however, these countries at least partially repealed the ban on private businesses. The prevailing ideology in these countries turned from Marxism to nationalism, and as a consequence their legal systems began to lose much of their Soviet flavour and became much more like the legal systems of ordinary dictatorial regimes.

Principles and policies

Law subordinate to the Communist Party (Communist Party of the Soviet Union)

      Excluding the brief period of experimentation with decentralization during the Khrushchev era, from the time of the revolution until Gorbachev's reforms, all aspects of the Soviet legal system were effectively subordinate to the leadership of the Soviet Communist Party. Legislation was debated and approved by top party leaders and then transmitted to the Supreme Soviet, the Soviet Union's legislature, for unanimous rubber-stamp approval. The court system was designed to ensure party control of judicial decisions at all levels. Juries—which had shown considerable independence under the tsars—were abolished, replaced by a trial court consisting of a judge, who was selected by party officials and who almost always was a party member, and two carefully chosen laypersons, who were under pressure to agree with the judge. The system was designed to give the outward appearance of popular participation without actually involving it. Control over judicial decisions also was 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. Cases of political importance were subject to so-called “telephone law”—legal decisions dictated by telephone calls from party officials to judges. The centuries-old Russian institution of the procuracy was revived, creating a nationwide organization that was responsible for ensuring the enforcement of the laws and regulations and that reported directly to the party leadership.

Property (property law)

      Public ownership of the means of production was a key feature that distinguished Soviet law from the law of most other dictatorial police states. The law distinguished between socialist property and individually owned private property. Socialist property included two subcategories—state property and collective, or cooperative, property—both of which were subject to virtually identical regimes of central economic planning. The system of private property included consumer goods, automobiles, houses, and agricultural implements for the very limited private farming that was allowed. The established property scheme formed the basis for propaganda claiming that Marx's socialist ideals had been realized. It also facilitated the long-term maintenance of power and privilege. Because of the state's monopoly on property, private institutions could not arise to challenge the regime. The government confiscated all houses of worship and made them available for use only to those religious organizations that posed no threat to the state. The state also owned all mass-media outlets.

      From the time of the First Five-Year Plan of the late 1920s until the government's collapse, the Soviet Union had a centrally planned economy, the main goal of which was to increase the military power of the state. Although there were limited market elements (e.g., consumers were free to choose the goods and services on which to spend their money), state enterprises became the predominant form of organization of production and distribution. General plans were refined into specific orders to these enterprises for production and distribution of goods and services. These orders in turn were implemented by contracts that state enterprises were required to conclude with one another. A set of state arbitration tribunals allocated responsibility when planned contracts were not fulfilled, and collective farms were forced to make and fulfill contracts for the delivery of most of their production to the state at beneath-local-market prices.

Labour and social benefits

      Soviet law recognized three distinct categories of employees: workers for state enterprises, employees of collective farms, and inmates in labour camps. Under the Labour Codes, employees at state enterprises enjoyed protection against arbitrary discipline or discharge. Except during and immediately after World War II, state-enterprise employees also had the right to change jobs. Restrictions on residence permits, however, made it difficult for workers to move to major urban centres in search of employment. Employees in state enterprises were represented by weak, party-controlled “pseudounions,” and there was no legally recognized right to strike. Peasants on collective farms were long denied the identity documents they needed for moving to urban areas, were not protected by the labour code, and did not possess (until 1965) even the legal right to representation by pseudounions. The peasants thus reverted to a legal position akin to the serfdom that had existed in Russia until the mid-19th century. Labour-camp inmates, who numbered in the millions, had essentially no enforceable legal rights.

      Under Soviet law, status, rather than wealth or cash income, determined living standards. A large proportion of most Soviet citizens' real income consisted of benefits directly allocated by the state. Secret laws and regulations provided for lavish benefits for the nomenklatura—the ruling elite at the national and local level. These persons received comfortable apartments, the use of state vacation facilities, automobiles with drivers, medical care at secret high-quality clinics, preferred admission of family members to universities, access to generally unavailable food and consumer goods at low prices, possibilities for travel abroad, and generous retirement pensions. However, they could lose these privileges at any time if they were suspected of disloyalty to the regime. Ordinary urban residents received housing from the state, but it was of lower quality and often required many years on waiting lists; they received free medical care, but it was of inferior quality; their children could receive free higher education, but only by performing well on entrance examinations or by bribing examiners; and their pensions were at a subsistence level. Collective-farm workers received free medical care but for most of the Soviet period had no right to state pensions. Labour-camp inmates often died of starvation or disease; at most they received what was necessary to keep them healthy enough to enable the camps to meet the production quotas assigned under the national economic plan.

Artistic creation and invention

      Unlike market economies, which provide copyright and patent incentives to encourage creative efforts, the Soviet economy relied almost entirely on planned allocations of funds and tasks. Leaders realized that a strong scientific research infrastructure was an essential component of the militarized economy. Although resources were distributed to research institutes rather than to competing research proposals, the results were excellent in many areas of pure science and in some areas of applied science and engineering. Since no market other than the state market existed for inventions, however, areas neglected by planners (e.g., computers and electronics) lagged far behind. Publishing was monopolized by the state and subject to state planning; most works were produced by employees of state-controlled media or by authors working under contract to the state media. An effective censorship system ensured that works not meeting ideological criteria went unpublished.

family law

      Almost immediately after the communist seizure of power, Soviet family law was completely secularized. divorce became possible by unilateral declaration of husband or wife, and women were free to obtain abortions (abortion). Under Stalin, highly conservative legislation made divorce more difficult, barred paternity suits, and outlawed most abortions. After his death, however, these restrictions were relaxed, and a pattern of family law was created that did not differ significantly from that found in western Europe.

criminal law

      From the revolution until the late 1930s, most of the repression of perceived enemies of the revolution was done largely outside the criminal-justice system; thereafter, it occurred mainly through the established judicial system. Under Stalin, numerous “counterrevolutionary” offenses carrying severe punishments were added to the criminal code. After the nationalization of private enterprises, engaging in private business became a serious offense. The criminal law was used to suppress religious groups that were not subservient to the state. Dissidents, particularly those who dared to publish their works abroad, were punished for the crime of “anti-Soviet agitation and propaganda.” Also, starting in the 1960s, dissidents were often punished for ordinary crimes under fabricated charges.

Criminal procedure

      Criminal procedure (procedural law) was weighted heavily in favour of the state and party. Although the system generally followed the continental European model, which called for extensive preliminary investigation, the investigator in cases of serious crimes was not a judicial official, as in western Europe, but instead was an official of the procuracy, which also was in charge of prosecution. The investigator could hold a suspect without contact with legal counsel for months. From time to time, high party officials initiated campaigns against particular types of crimes, telling prosecutors whom to prosecute and forcing the courts to convict defendants. Starting in the late 1940s, there was severe pressure from the party hierarchy to secure a 100 percent conviction rate, with the result that thereafter there were almost no acquittals.

Legal profession

      From the 1920s through the '40s, world war, civil war, and purges greatly reduced the ranks of trained legal personnel. Judges and prosecutors usually had little or no legal training, and job turnover was high. Beginning in the 1950s, law schools began to produce substantial quantities of well-trained graduates, and by the 1970s virtually all legal posts were held by persons with law degrees. Because any deviation from party policy or failure to carry out party orders could ruin their careers, officers of the court tended to be highly subservient to the wishes of the state.

Peter B. Maggs

Additional Reading

A comprehensive survey of the Soviet legal system, written just before its collapse, is William E. Butler, Soviet Law, 2nd ed. (1988). An interpretation of the first 45 years of Soviet law is Harold J. Berman, Justice in the U.S.S.R.: An Interpretation of Soviet Law, rev. ed., enlarged (1963, reissued 1966). Peter H. Solomon, Jr., Soviet Criminal Justice Under Stalin (1996), retells Soviet legal history in the light of previously secret archives. Olimpiad S. Ioffe and Peter B. Maggs, The Soviet Economic System: A Legal Analysis (1987), details the regulation of the planned economy. John N. Hazard, William E. Butler, and Peter B. Maggs, The Soviet Legal System: The Law in the 1980's (1984), presents original source material and contains an extensive bibliography. The relationship of Soviet law to related legal systems is treated in John N. Hazard, Communists and Their Law: A Search for the Common Core of the Legal Systems of the Marxian Socialist States (1969).Peter B. Maggs

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