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From the transcript of the December plenum of the Central Committee of the All-Union Communist Party of Bolsheviks in 1936.Meeting on December 4, 1936. Approval of the Draft Constitution
Questions of History, 1995, No. 1 Pages. 4-5
Molotov. Comrades, allow me to declare the session of the plenum open. There are two items on the agenda. The first question is about the final text of the Constitution, and the second question is Comrade Yezhov's report on Trotskyist and right-wing anti-Soviet organizations. Are there any other proposals for the plenary agenda? (Voices from the locality. Approve). Comrade Stalin has the floor on the first question.
Stalin. Has everyone read the draft constitution?
Molotov. Everyone was present at yesterday's meeting of the commission, which means that the project can not be read out. Any comments?
Kaminsky.I have the following remark. In the second chapter "State system" in paragraph "c" it says: "The establishment of the basic principles in the field of education and health." In connection with the creation of the allied People's Commissariat of Health, we will talk not only about establishing the basic principles in the field of health care, but also about leading the fight against epidemics, about a whole series of measures, about fighting the plague, about defense measures, etc. Proceeding from this, I am introducing next amendment. To put it this way: "Establishing the basic principles in the field of education and the management of the health system." I motivate this by the fact that paragraph "l" says that all people's commissariats have a basis for leadership, which is not said about health care institutions. In this case, the People's Commissar of Health will not have the right to decide a number of issues.
Stalin. You see, the Constitution prevents them from doing better work. What nonsense!
Molotov. Let's vote on the amendment. (Voices from the seats. Don't vote.)
Kaminsky. Then let me talk about the second amendment. (Kaganovich. Consider the experience of the first. General laughter.) I'll take it into account, I'll take it into account. I am amending Article 76 to say: enterprises and institutions, because not everything can be called an enterprise. (Mikoyan. Why can't you name it?) In my opinion, the Institute for the Protection of Motherhood and Infancy can by no means be called an enterprise. (Mikoyan. Why not?) This is an institution, not an enterprise. The Constitution itself establishes a distinction between enterprises and institutions.
Unslich. I have a fix. In chapter three, article 49, it is said that a nationwide poll (referendum) is being carried out. In my opinion, instead of "popular poll" you should say "popular vote".
Stalin. Voting happens when they choose. Poll is better. (Lyubchenko. That's right, that's better. A referendum is a nationwide poll. Voroshilov. A referendum reveals and determines moods.)
Molotov. Therefore, the amendment is rejected.
Unslich. The next amendment to Chapter IV is to Article 58, which establishes the norms for the representation of the constitutions of the union republics. Constitutions are adopted by republican conventions. And Article 60 says that the Supreme Council adopts the constitution of the republics and makes its own changes. Thus, it turns out that one time the congress adopts the constitution, and another time ... (Kaganovich. There will be no more congresses.) And the republican ones? (Kaganovich. The same thing, they will not be.) The last article speaks about this definitely. (Lyubchenko. And if he wants to accept, can't he?) You can accept, but it says here that after the Supreme Soviet is elected, it immediately adopts the constitution. (Movement in the hall. Remarks.)
Molotov. No one wants to speak? I vote. Who is for Comrade Unshlikht's amendments, please raise your hands. Few - one. (Voice from a place. He himself is in favor.)
Stalin. There is one amendment to Article 72. It says here: "People's Commissars of the USSR are in charge of the branches of state administration that fall within the competence of the USSR." Needless to say, they are in charge. (Voices from the seats. Correct.)
Molotov. This amendment is accepted. Are there any other amendments? (Voices from the locality. No.)