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THE FIRST CONSTITUTION OF THE USSR ADOPTED - 1924January 31, 1924
In December 1922 , the I Congress of Soviets of the USSR approved the Declaration and the Treaty on the formation of the USSR. The Treaty on the formation of the USSR proclaimed that 4 independent Soviet socialist republics: the RSFSR (Russia), the Ukrainian SSR (Ukraine), the BSSR (Belarus) and the ZSFSR (the Transcaucasus) - in order to strengthen Soviet power on a voluntary and equal basis, form a single union state. The treaty provided for the organization of all-Union state authorities and in general terms determined their competence.
January 31 , 1924 II Congress of Soviets of the USSR unanimously approved the first Constitution of the USSR and completed the constitutional design of a single Soviet state.
The 1924 Constitution was entirely devoted to the principles of building the world's first socialist union multiethnic state on the basis of the dictatorship of the proletariat. It legislated the full legal equality of all the peoples of the USSR and their sovereignty. The State Flag, the Coat of Arms and the capital of the USSR were approved.
The approval and change of the basic principles of the Constitution were in the exclusive competence of the Congress of Councils of the USSR. The Union Republic retained the right to secede from the Union; its territory could be changed only with its consent. Established a single union citizenship. The Union’s exclusive jurisdiction included: external relations and trade; decisions on issues of war and peace; organization and leadership of the armed forces; general management and planning of the economy and budget; development of the fundamentals of legislation (all-union justice).
The highest authority of the USSR was declared the Congress of Soviets of the USSR. In the period between congresses, the Central Executive Committee of the USSR (CEC of the USSR) was the highest authority .
The main law of the USSR in 1924 was different from the subsequent Soviet constitutions in that it did not contain characteristics of the social structure, chapters on the rights and duties of citizens, on the right to vote, on local authorities and administration. All these issues were determined by the republican constitutions. The main focus of the Constitution of the USSR in 1924 was the fact of the final legal registration of the formation of the USSR, the rights of the USSR and Union Republics, and the system of the highest state bodies of the USSR and Union Republics.
The Constitution (Basic Law) of the Union of Soviet Socialist Republics (approved by the II Congress of Soviets of the USSR of January 31, 1924)
Section one.
Declaration of the Union of Soviet Socialist Republics
Since the formation of the Soviet republics of the state, the world has split into two camps: the camp of capitalism and the camp of socialism.
There, in the camp of capitalism, there is national hostility and inequality, colonial slavery and chauvinism, national oppression and pogroms, imperialistic atrocities and wars.
Here, in the camp of socialism, mutual trust and peace, national freedom and equality, peaceful coexistence and fraternal cooperation of peoples.
Attempts to solve the issue of nationality by combining the free development of nations with the system of exploitation of man by man have proved fruitless for decades in the capitalist world. On the contrary, the tangle of national contradictions is becoming increasingly confused, threatening the very existence of capitalism. The bourgeoisie was powerless to establish cooperation among the peoples.
Only in the camp of the soviets, only in the conditions of the dictatorship of the proletariat, rallying the majority of the population around itself, it was possible to completely destroy national oppression, create an atmosphere of mutual trust and lay the foundations for fraternal cooperation among nations.
It was only thanks to these circumstances that the Soviet republics managed to repel the attack of the imperialists of the whole world, internal and external, only because of these circumstances did they succeed in successfully eliminating the civil war, ensure their existence and start peaceful economic construction.
But the war years did not pass without a trace. The ruined fields, the stopped factories, the destroyed productive forces and the exhausted economic resources inherited from the war make the separate efforts of individual republics for economic construction inadequate. The restoration of the national economy turned out to be impossible with the separate existence of the republics.
On the other hand, the instability of the international situation and the danger of new attacks make the creation of a united front of the Soviet republics in the face of the capitalist encirclement inevitable.
Finally, the very structure of Soviet power, international in its class nature, pushes the working masses of the Soviet republics onto the path of unification into one socialist family.
All these circumstances imperatively demand the unification of the Soviet republics into one union state, capable of ensuring both external security and internal economic gains, and the freedom of the national development of peoples.
The will of the peoples of the Soviet republics, who had recently gathered at the congress of their councils and unanimously decided on the formation of the "Union of Soviet Socialist Republics", is a reliable guarantee that this Union is a voluntary union of equal peoples, that each republic is guaranteed the right to free out of the Union, that access to the Union is open to all socialist Soviet republics, both existing and having in the future, that the new union state will be a worthy crown October 1917, the foundations of peaceful coexistence and fraternal cooperation of the peoples, that it will serve as a sure bulwark against world capitalism and a new decisive step along the path of uniting the working people of all countries into the World Socialist Soviet Republic.The Russian Socialist Federative Soviet Republic (RSFSR), the Ukrainian Socialist Soviet Republic (Ukrainian SSR), the Belarusian Socialist Soviet Republic (BSSR) and the Transcaucasian Socialist Federative Soviet Republic (ZSFSR - the Soviet Socialist Republic of Azerbaijan, the Soviet Socialist Republic of Georgia and the Soviet Socialist Socialist Republican Republic. unite in one union state - the "Union of Soviet Socialist Republics".Chapter I. Subjects of authority of the supreme organs of authority of the Union of Soviet Socialist Republics (Articles 1 and 2)
Article 1
1. The jurisdiction of the Union of Soviet Socialist Republics in the person of its supreme organs shall be:a) representing the Union in international relations, maintaining all diplomatic relations, concluding political and other treaties with other states;b) a change in the external borders of the Union, as well as a settlement of the issues of changing the borders between the Union republics;c) the conclusion of agreements on admission to the Union of new republics;d) the declaration of war and the conclusion of peace;e) the conclusion of external and internal loans of the USSR and the resolution of external and internal loans of the Union republics:(e) ratification of international treaties;g) management of foreign trade and the establishment of a system of internal trade;h) the establishment of the foundations and general plan of the entire national economy of the Union, the definition of industries and individual industrial enterprises of all-union significance, the conclusion of concession agreements, both all-union and on behalf of the Union republics;i) management of transport and postal and telegraph business;j) the organization and leadership of the armed forces of the USSR;k) approval of the unified state budget of the USSR, which includes the budgets of the Union republics; the establishment of Union-wide taxes and incomes, as well as deductions from them and allowances to them, which are received for the education of the budgets of the Union republics; permitting additional taxes and fees on education budgets of the Union republics;m) the establishment of a single monetary and credit system;m) the establishment of common principles of land management and land use, as well as the use of mineral resources, forests and waters throughout the territory of the USSR;o) All-Union legislation on inter-republican resettlement and the establishment of a resettlement fund;o) establishment of the foundations of the judicial system and legal proceedings, as well as the civil and criminal legislation of the Union;p) establishment of basic labor laws;(c) the establishment of common principles in the field of public education;m) the establishment of general measures in the field of public health;s) establishment of a system of weights and measures;t) organization of all-union statistics;u) the main legislation in the field of union citizenship with regard to the rights of foreigners;v) the right of amnesty extended to the whole territory of the Union;h) the abolition of the resolutions of the congresses of the councils and the central executive committees of the Union republics that violate this Constitution;x) the resolution of controversial issues arising between the Union republics.
Article 2
2. The approval and amendment of the basic principles of this Constitution shall be the exclusive authority of the Congress of the Councils of the Union of Socialist Soviet Republics.
Chapter II On the sovereign rights of the Union Republics and on Union citizenship (Articles 3–7)
Article 3
3. The sovereignty of the Union Republics is limited only to the extent specified in this Constitution, and only for subjects within the competence of the Union. Outside these limits, each union republic exercises its state power independently; The Union of the Soviet Socialist Republic protects the sovereign rights of the Union republics.
Article 4
4. For each of the Union republics, the right to freely leave the Union is retained.
Article 5
5. The Union republics, in accordance with this Constitution, make changes to their constitutions.
Article 6
6. The territory of the Union Republics cannot be changed without their consent, as well as for changing, limiting or canceling Article 4 , the consent of all the republics belonging to the USSR is requiredChapter III. About the Congress of the Soviets of the Union of Soviet Socialist Republics (Articles 8-12)
Article 8
8. The Supreme Authority of the Union of Soviet Socialist Republics is the Congress of Soviets, and in the period between Congresses of Soviets, the Central Executive Committee of the USSR, consisting of the Federal Council and the Council of Nationalities.Article 9
9. The Congress of the Soviets of the Union of Soviet Socialist Republics is composed of representatives of city councils and councils of urban settlements on the basis of 1 deputy per 25,000 voters and representatives of provincial councils of councils on the calculation of 1 deputy per 125,000 inhabitants.Article 10
10. Delegates to the Congress of the Soviets of the USSR are elected at the provincial council meetings. In those republics where there are no provincial associations, delegates are elected directly at the Congress of Soviets of this republic.Article 11
11. The regular Congresses of the Soviets of the USSR are convened by the CEC of the USSR once a year; extraordinary congresses are convened by the CEC of the USSR by its own decision, at the request of the Union Council, the Council of Nationalities, or at the request of the two Union republics.Article 12
12. Under extraordinary circumstances preventing the convocation of the Congress of the Soviets of the USSR on time, the CEC of the USSR is entitled to postpone the convocation of the Congress.
Chapter IV About the Central Executive Committee of the Union of Soviet Socialist Republics (Articles 13-28)Article 13
13. The Central Executive Committee of the USSR consists of the Allied Council and the Council of Nationalities.Article 14
14. The Congress of the Soviets of the USSR elects the Union Council from representatives of the Union republics, in proportion to the population of each, totaling 371 members.Article 15
15. The Council of Nationalities is formed from representatives of the Union and autonomous Soviet socialist republics, 5 representatives from each and representatives of the autonomous regions of the RSFSR, one representative from each. The composition of the Council of Nationalities as a whole is approved by the Congress of the Soviets of the USSR.
Note. The autonomous republics of Adjara and Abkhazia and the autonomous region of South Ossetia are sent to the Council of Nationalities one by one.Article 16
16. The Federal Council and the Council of Nationalities consider all the decrees, codes and decrees received from the Presidium of the CEC and the Council of People's Commissars of the USSR, individual union commissariats of the Union, the CEC of the Union republics, as well as those arising on the initiative of the Union Council and the Council of Nationalities.
Section 17
17. The CEC of the Union of Soviet Socialist Republics issues codes, decrees, decrees and orders, unites the work on legislation and management of the Union of Soviet Socialist Republics and determines the range of activities of the Presidium of the Central Executive Committee and the Council of People’s Commissars of the Union.
Article 18
18. All decrees and resolutions defining the general norms of the political and economic life of the USSR, as well as making fundamental changes to the existing practice of state bodies of the USSR, must necessarily go back to the consideration and approval of the CEC of the USSR.
Article 19
19. All decrees, decrees and orders issued by the CEC are mandatory for direct execution throughout the territory of the USSR.
Section 20
20. The Central Executive Committee of the USSR has the right to suspend or annul the decrees, resolutions and orders of the Presidium of the CEC of the Union of Soviet Socialist Republics, as well as of the Congress Councils and CECs of the Union Republics and other authorities on the territory of the USSR.
Article 21
21. Regular sessions of the CEC of the USSR are convened by the Presidium of the CEC three times a year. Emergency sessions are convened by order of the Presidium of the CEC of the USSR, at the request of the Presidium of the Union Council or the Presidium of the Council of Nationalities, and also at the request of the CEC of one of the Union Republics.
Article 22
22. Bills that go up to the CEC of the Union of Soviet Socialist Republics receive the force of law only if they are accepted by both the Allied Council and the Council of Nationalities and are published on behalf of the CEC of the Union of Soviet Socialist Republics.
Article 23
23. In cases of disagreement between the Allied Council and the Council of Nationalities, the matter is referred to the conciliation commission created by them.
Article 24
24. If an agreement is not reached in the conciliation commission, the matter is transferred to the joint meeting of the Allied Council and the Council of Nationalities, and, in the absence of a majority vote of the Allied Council or the Council of Nationalities, the issue may be referred, at the request of one of these bodies, to permission of the next or Extraordinary Congress of the Soviets of the USSR.
Article 25
25. The Federal Council and the Council of Nationalities, in order to prepare their sessions and direct the work of the latter, elect their own Presidiums, each consisting of seven members.
Article 26
26. Between sessions of the CEC of the USSR, the highest authority is the Presidium of the CEC of the USSR, formed by the CEC of 21 members, including the full Board of the Allied Council and the Council of Nationalities.
Section 27
27. According to the number of union republics, the Central Executive Committee elects 4 chairmen of the CEC of the USSR from the membership of the Presidium of the CEC of the USSR.
Article 28
28. The Central Executive Committee of the USSR is responsible to the Congress of the Councils of the USSR.
Chapter V. On the Presidium of the Central Executive Committee of the Union S.S.R. (Articles 29-36)Section 29
29. The Presidium of the CEC of the USSR, in the period between sessions of the CEC of the USSR, is the highest legislative, executive and administrative body of the Union of SSR.
Article 30
30. The Presidium of the CEC of the USSR monitors the implementation of the Constitution of the USSR and the implementation of all resolutions of the Congress of the Soviets and the CEC of the USSR by all authorities.
Article 31
31. The Presidium of the CEC of the USSR has the right to suspend and repeal the decisions of the CPC and certain USSR People's Commissars and the CEC and the Council of People's Commissars of the Union Republics.
32. The Presidium of the CEC of the Union has the right to suspend resolutions of congresses of councils of the Union republics with the subsequent submission of these resolutions to the consideration and approval of the CEC of the USSR.
Article 33
33. The Presidium of the CEC of the USSR issues decrees, resolutions and orders, reviews and approves draft decrees and resolutions introduced by the Council of People's Commissars, individual departments of the USSR, the CEC of the Union republics, their presidiums and other authorities.
Article 34
34. The decrees and resolutions of the CEC, its Presidium and the Council of People's Commissars of the USSR are printed in the languages commonly used in the Union republics (Russian, Ukrainian, Belarusian, Georgian, Armenian, Turko-Tatar).
Article 35
35. The Presidium of the CEC of the USSR resolves questions about the relationship between the SNK of the USSR and the people's commissariats of the USSR, on the one hand, and the CECs of the Union republics and their presidiums on the other.
Article 37
37. The Council of People's Commissars of the USSR is an additional and administrative body of the CEC of the USSR and is formed by the CEC of the USSR consisting of:Chairman of the Council of People's Commissars of the USSR;vice chairs;People's Commissar for Foreign Affairs;People's Commissar for Military and Naval Affairs;people's commissar of foreign trade;people's commissar of communications;People's Commissar of Posts and Telegraphs;people's commissar of workers 'and peasants' inspection;Chairman of the Supreme Council of National Economy;People's Commissar of Labor;People's Commissar of Food;People's Commissar of Finance.Article 38
38. The Council of People's Commissars of the USSR, within the rights granted to it by the CEC of the USSR, rights and on the basis of the Statute on the Council of People's Commissars of the Union, SSR, issues decrees and resolutions binding on the entire territory of the USSR.
Article 39
39. The Council of People's Commissars of the USSR considers the decrees and resolutions introduced by both the individual commissariats of the USSR, and the CECs of the Union republics and their Presidiums.
Article 40
40. The Council of People's Commissars of the USSR in all its work is responsible to the CEC of the USSR and its Presidency.
Article 41
41. The decrees and orders of the Council of People's Commissars of the USSR may be suspended and revoked by the CEC of the USSR and its Presidency.
Article 42
42. The central executive committees of the Union republics and their presidiums challenge the decrees and resolutions of the Council of People's Commissars of the USSR to the Presidium of the USSR Central Executive Committee, without suspending their execution.
Article 43
43. In order to establish revolutionary legality on the territory of the USSR, a Supreme Court is established under the CEC of the USSR, whose jurisdiction includes:a) the provision to the Supreme Courts of the Union republics of governing explanations on issues of all-union legislation;b) consideration and protest before the CEC of the USSR on the proposal of the prosecutor of the Supreme Court of the USSR decisions, decisions and sentences of the supreme courts of the Union republics, for reasons of contradiction of such all-union legislation, or because they affect the interests of other republics;c) giving opinions at the request of the CEC of the USSR on the legality of certain decisions of the Union republics from the point of view of the Constitution;d) resolution of legal disputes between the Union republics;Article 44e) consideration of cases on charges of senior officials of the Union in crimes of office.
44. The Supreme Court of the USSR acts as part of:a) a plenary session of the Supreme Court of the USSR;b) the civil judicial and criminal judicial colleges of the Supreme Court of the USSR;c) military and military transport boards.Article 45
45. The Supreme Court of the USSR as a part of its plenary session consists of 11 members, including the chairman and his deputy, 4 chairmen of the plenary sessions of the supreme courts of the Union republics and one representative of the OGPU of the USSR five members are appointed by the Presidium of the CEC of the USSR.
Article 46
46. The Prosecutor of the Supreme Court of the USSR and his deputy are appointed by the Presidium of the CEC of the USSR. The duties of the prosecutor of the Supreme Court of the USSR are to give opinions on all matters to be resolved by the Supreme Court of the USSR, to support the charges in his meeting and, in case of disagreement with the decisions of the plenary session of the Supreme Court of the USSR, to protest them to the Presidium of the CEC Union of the USSR.
Article 47
47. The right to refer the issues indicated in article 43 to the plenary session of the Supreme Court of the USSR may take place solely on the initiative of the CEC of the USSR, its Presidium, the prosecutor of the Supreme Court of the USSR, prosecutors of the Union republics and the OGPU of the USSR.
Article 48
48. The plenary sessions of the Supreme Court of the Union shall form special judicial presences (compositions) for consideration:
a) criminal and civil cases of exceptional importance, affecting in their content two or more union republics, andb) cases of personal jurisdiction of the members of the CEC and the CPC of the USSR.The adoption by the Supreme Court of the USSR to its production of these cases may take place solely on special resolutions of the CEC of the Union or its Presidium, each time.Chapter VIII. On the people's commissariats of the Union of Soviet Socialist Republics (Articles 49 to 60)
Article 49
49. For the direct leadership of individual branches of government that are within the purview of the Council of People's Commissars of the USSR, 10 people's commissariats specified in Article 37 of this Constitution, acting on the basis of provisions on people's commissariats approved by the CEC of the USSR, are formed.
Article 50
50. The people's commissariats of the USSR are divided into:a) All-People's Commissariats — the same for the entire USSR;b) the united people's commissariats of the USSR.Article 51
51. The All-Union People's Commissariats of the USSR are the people's commissariats:in foreign affairs;military and naval affairs;foreign trade;ways of communication;mail and telegraphs.Article 52
52. The united people's commissariats of the USSR are the people's commissariats:Supreme Council of National Economy;food;labor;finance andworker-peasant inspection.Article 53
53. Under the Union Republics, the All-Union People's Commissariats of the USSR have their own representatives directly subordinate to them.Article 54
54. The bodies of the people's commissariats of the USSR that carry out their tasks on the territory of the Union republics are the same commissariats of the republics.Article 55
55. At the head of the people's commissariats of the USSR are the members of the Council of People's Commissars, the people's commissars of the USSR.Article 56
56. At each people's commissioner, under his chairmanship, a board is formed, the members of which are appointed by the CPC of the Union of Soviet Socialist Republics.Article 57
57. The People's Commissar has the right to make decisions individually on all matters subject to the competence of the relevant Commissariat, bringing them to the notice of the collegium. In case of disagreement with this or that decision, the people's commissioner, the collegium or its individual members, without suspending the execution of the decision, may appeal it to the Council of People's Commissars of the USSR.Article 58
58. The orders of individual people's commissariats of the USSR can be canceled by the Presidium of the CEC and the Council of People's Commissars of the USSR.Article 59
59. The orders of the people's commissariats of the USSR may be suspended by the CEC or the presidiums of the CEC of the Union republics, if the given order is clearly inconsistent with the Union Constitution, Union legislation or the legislation of the Union Republic. The suspension of the order of the CEC or the presidiums of the CEC of the Union Republics is immediately reported to the Council of People's Commissars of the USSR and the corresponding People's Commissar of the USSR.Article 60
60. The people's commissars of the USSR are accountable to the CPC, the CEC of the USSR and its Presidency.
Chapter IX On the United State Political Administration (Articles 61 - 63)Article 61
61. In order to unite the revolutionary efforts of the Union republics to combat political and economic counter-revolution, espionage and banditry, a united state political administration (OGPU) is established under the SNK of the USSR, with the chairman of the Council of Ministers of the USSR vote.Article 62
62. The OGPU of the USSR supervises the work of the local organs of the GPU through its representatives at the Councils of the People's Commissars of the Union Republics, acting on the basis of a special provision approved by law.Article 63
63. Supervision over the regularity of the actions of the OGPU of the USSR is carried out by the prosecutor of the Supreme Court of the USSR on the basis of a special resolution of the CEC of the USSR.Article 64
64. Within the territory of each union republic, the supreme body of power of the latter is the Congress of the Soviets of the Republic, and in the intervals between the Congress are its central executive committee.Article 65
65. The relationship between the supreme authorities of the Union Republics and the supreme authorities of the USSR is established by this Constitution.Article 66
66. The central executive committees of the Union republics elect from among themselves the presidiums, which, in the period between sessions of the CEC, are the highest authorities.Article 67
67. The CECs of the Union Republics form their executive bodies — the councils of people's commissioners, consisting of:
Chairman of the Board of People's Commissars;vice chairs;Chairman of the Supreme Council of National Economy;People's Commissar of Agriculture;People's Commissar of Finance;People's Commissar of Food;People's Commissar of Labor;people's commissar of internal affairs;People's Commissar of Justice;people's commissar of workers 'and peasants' inspection;people's commissar of education;People's Commissar of Health;People's Commissar of Social Security, as well as, with the right of a consultative or decisive vote, by decision of the CEC of the Union Republics authorized by the People's Commissars of the USSR for foreign affairs, military and maritime affairs, foreign trade, communications, postal and telegraphs.Article 68
68. The Supreme Council of the National Economy and the people's commissariats of food, finance, labor, workers 'and peasants' inspection of the union republics, submitting to the CEC and the councils of the people's commissars of the union republics, carry out the directives of the respective people's commissariats of the USSR.Article 69
69. The right to an amnesty, as well as the right to pardon and rehabilitate citizens convicted by the judicial and administrative bodies of the Union republics, remains with the CECs of these republics.
Chapter XI. On the coat of arms, flag and capital of the Union of Soviet Socialist Republics (Articles 70 - 72)Article 70
70. The State Emblem of the Union of Soviet Socialist Republics consists of a sickle and hammer on the globe, depicted in the rays of the sun and framed by spikes, with an inscription in six languages mentioned in Article 34 : "Workers of all countries, unite!" At the top of the emblem there is a five-pointed star.
71. The national flag of the USSR consists of a red or scarlet cloth, with an image on its upper corner near the shaft of a golden sickle and hammer and above them a red five-pointed star framed by a gold border. The ratio of length to width is 1: 2.