The Constitution of the USSR

ONSTITUTION (FUNDAMENTAL LAW) OF THE UNION OF SOVIET SOCIALIST REPUBLICS

КОНСТИТУЦИЯ (ОСНОВНОЙ ЗАКОН) СОЮЗА СОВЕТСКИХ СОЦИАЛИСТИЧЕСКИХ РЕСПУБЛИК

## **Chapter I: The Organization of Society**

ARTICLE 1.

The Union of Soviet Socialist Republics is a socialist state of workers and peasants under the people’s democratic dictatorship led by the working class.

ARTICLE 2.

In the U.S.S.R. all power belongs to the working people of union and server as represented by the People's Deputies within the Supreme Soviets.

ARTICLE 3.

The socialist system of economy and the socialist ownership of the means and instruments of production, firmly established as a result of the abolition of the capitalist system of economy, the abrogation of private ownership of the means and instruments of production, and the abolition of the exploitation of man by man, constitute the economic foundation of the U.S.S.R.

ARTICLE 4.

Socialist property in the U.S.S.R. exists either in the form of state property (the possession of the whole people) or in the form of cooperative and collective-farm property (property of a collective farm or property of a cooperative association).

ARTICLE 5.

The server, banks, post, state enterprises, and state ministry workplaces are state property, that is, belong to the whole people.

ARTICLE 6.

Alongside the socialist system of economy, which is the predominant form of economy in the U.S.S.R., the law permits the small private economy of the individual proletariat based on their personal labor and precludes the exploitation of the labor of others.

ARTICLE 7.

The right of citizens to personal ownership of their incomes from work and of their savings, as well as the right of inheritance of the personal property of citizens, is protected by law.

ARTICLE 8.

The economic life of the U.S.S.R. is determined and directed by the state national economic plan with the aim of increasing the public wealth, steadily improving the living conditions of the working people and raising their cultural level, consolidating the independence of the U.S.S.R. and strengthening its defensive capacity.

ARTICLE 9.

In the U.S.S.R. work is a duty and a matter of honor for every able-bodied citizen, in accordance with the principle: "He who does not work, neither shall he eat."

The principle applied in the U.S.S.R. is that of socialism: "From each according to his ability, to each according to his work."

## **Chapter II: The Organization of State**

ARTICLE 10.

The Union of Soviet Socialist Republics is a federal state, formed on the basis of voluntary association of the Soviet Socialist Republics having equal rights, namely:

The Russian Soviet Federative Socialist Republic

The Ukrainian Soviet Socialist Republic

The Byelorussian Soviet Socialist Republic

The Azerbaijan Soviet Socialist Republic

The Georgian Soviet Socialist Republic

The Armenian Soviet Socialist Republic

The Turkmen Soviet Socialist Republic

The Uzbek Soviet Socialist Republic

The Tajik Soviet Socialist Republic

The Kazakh Soviet Socialist Republic

The Kirghiz Soviet Socialist Republic

The Moldavian Soviet Socialist Republic

The Lithuanian Soviet Socialist Republic

The Latvian Soviet Socialist Republic

The Estonian Soviet Socialist Republic

ARTICLE 11.

Union republics or any territory of the U.S.S.R. is not reserved the right to freely secede.

ARTICLE 12.

The jurisdiction of the Union of Soviet Socialist Republics, as represented by its highest organs of state authority and organs of government, covers:

1. Representation of the Union in international relations, conclusion, and ratification of treaties with other states;
2. Questions of war and peace;
3. Control over the observance of the Constitution of the U.S.S.R.;
4. Organization of the defense of the U.S.S.R. and direction of all the armed forces of the U.S.S.R.;
5. Foreign trade on the basis of state monopoly;
6. Safeguarding the security of the state;
7. Establishment of the national economic plans of the U.S.S.R.;
8. Approval of the single state budget of the U.S.S.R. as well as of the taxes and revenues which go to the all-Union budgets;
9. Administration of the banks, establishments, and enterprises of all-Union importance;
10. Administration of communications;
11. The direction of the monetary system;
12. Raising and granting of loans;
13. Establishment of the basic principles in the spheres of education;
14. Organization of a uniform system of national economic statistics;
15. Establishment of the principles of labor legislation;
16. Legislation on the judicial system and judicial procedure; criminal and civil codes;
17. Laws on the citizenship of the Union; laws on the rights of foreigners;
18. Issuing all-Union acts of amnesty.

ARTICLE 13.

A single Union citizenship is established for all citizens of the U.S.S.R.

## **Chapter III: The Highest Organs of State Authority of the Union of Soviet Socialist Republics**

ARTICLE 14.

The highest organ of state authority of the U.S.S.R. is the Supreme Soviet of the U.S.S.R.

ARTICLE 15.

The Supreme Soviet of the U.S.S.R. exercises all rights vested in the Union of Soviet Socialist Republics in accordance with Article 12 of the Constitution, in so far as they do not, by virtue of the Constitution, come within the jurisdiction of organs of the U.S.S.R. that are accountable to the Supreme Soviet of the U.S.S.R., that is, the Presidium of the Supreme Soviet of the U.S.S.R., the Council of Ministers of the U.S.S.R. and the Ministries of the U.S.S.R.

ARTICLE 16.

The legislative power of the U.S.S.R. is exercised exclusively by the Supreme Soviet of the U.S.S.R.

ARTICLE 17.

The Supreme Soviet is elected by the citizens of the U.S.S.R. according to electoral areas on the basis of one deputy for every 100 of the population. However, the Supreme Soviet only requires 11 deputies to function if unable to reach the quota.

ARTICLE 18.

The Supreme Soviet of the U.S.S.R. is elected for a term of one month.

ARTICLE 19.

A law is considered adopted if passed by the Supreme Soviet U.S.S.R. by a simple majority vote.

ARTICLE 20.

Laws passed by the Supreme Soviet of the U.S.S.R. are published in English over the signatures of the Chairman and Secretary of the Presidium of the Supreme Soviet of the U.S.S.R.

ARTICLE 21.

The Supreme Soviet of the U.S.S.R. at a sitting elects the Presidium of the Supreme Soviet of the U.S.S.R., consisting of a Chairman of the Presidium of the Supreme Soviet of the U.S.S.R., a Secretary of the Presidium and seven members of the Presidium. However, if the Supreme Soviet contains less than the quota specified in Article 17, the Presidium will consist of five members including the Chairman of the Presidium of the Supreme Soviet and the Secretary of the Presidium of the Supreme Soviet. The Presidium of the Supreme Soviet of the U.S.S.R. is accountable to the Supreme Soviet of the U.S.S.R. for all its activities.

ARTICLE 22.

The Presidium of the Supreme Soviet of the U.S.S.R.:

1. Convenes the sessions of the Supreme Soviet of the U.S.S.R.;
2. Interprets laws of the U.S.S.R. in operation, issues decrees;
3. Conducts referendums on its own initiative;
4. Annuls decisions and orders of the Council of Ministers;
5. In the intervals between sessions of the Supreme Soviet of the U.S.S.R., relieves of their posts and appoints Ministers of the U.S.S.R. on the recommendation of the Chairman of the Council of Ministers, subject to subsequent confirmation by the Supreme Soviet of the U.S.S.R.;
6. Awards with decorations and confers titles of honor of the U.S.S.R.;
7. Exercises the right of pardon;
8. Appoints and removes the higher commands of the armed forces of the U.S.S.R.;
9. In the intervals between sessions of the Supreme Soviet of the U.S.S.R., proclaims a state of war in the event of armed attack on the U.S.S.R., or whenever necessary to fulfill international treaty obligations concerning mutual defense against aggression;
10. Orders general or partial mobilization;
11. Ratifies international treaties;
12. Appoints and recalls plenipotentiary representatives of the U.S.S.R. to foreign states;
13. Receives the credentials and letters of recall of diplomatic representatives accredited to it by foreign states;
14. Proclaims martial law in separate localities or throughout the U.S.S.R. in the interests of the defense of the U.S.S.R. or for the purpose of ensuring public order and state security.
15. Elects the Chairman of the U.S.S.R. when the position is empty.

ARTICLE 23.

A member of the Supreme Soviet of the U.S.S.R. may not be prosecuted or arrested without the consent of the Supreme Soviet of the U.S.S.R., and during the period when the Supreme Soviet of the U.S.S.R. is not in session, without the consent of the Presidium of the Supreme Soviet of the U.S.S.R.

ARTICLE 24.

On the expiration of the term of office of the Supreme Soviet of the U.S.S.R., the Presidium of the Supreme Soviet of the U.S.S.R. retains its powers until the formation of a new Presidium of the Supreme Soviet of the U.S.S.R. by the newly-elected Supreme Soviet of the U.S.S.R.

ARTICLE 25.

On the expiration of the term of office of the Supreme Soviet of the U.S.S.R., the Presidium of the Supreme Soviet of the U.S.S.R. orders new elections to be held within a period not exceeding two days from the date of expiration of the term of office

ARTICLE 26.

The newly-elected Supreme Soviet of the U.S.S.R. is convened by the outgoing Presidium of the Supreme Soviet of the U.S.S.R. not later than one day after the elections.

ARTICLE 27.

A recall election to remove a deputy of the Supreme Soviet can be conducted with a two-thirds vote within the Supreme Soviet. A petition to conduct a recall election can be conducted; However, the petition must be verified by the Supreme Court. Such a petition must have a number of signatures on the basis of one signature for every 100 of the population.

## **Chapter IV: The Chairman of the Union of Soviet Socialist Republics**

ARTICLE 28.

The Chairman of the U.S.S.R., in pursuance of decisions of the Supreme Soviet and its Presidium:

1. Promulgates statutes;
2. Appoints and removes the Chairman of the Council of Ministers and Ministers;
3. Ability to veto legislation made by the Supreme Soviet
4. Confers state medals and titles of honor;
5. Issues orders of special pardons;
6. Proclaims entering of the state of emergency;
7. Proclaims a state of war;
8. Issues mobilization orders.

ARTICLE 29.

The Chairman of the U.S.S.R., on behalf of the Union of Soviet Socialist Republics, engages in activities involving state affairs and receives foreign diplomatic representatives, appoints and recalls plenipotentiary representatives abroad, and ratifies and abrogates treaties and important agreements concluded with foreign states.

ARTICLE 30.

When taking office, the Chairman of the U.S.S.R. shall take the following oath:

“I pledge to be loyal to the Constitution of the Union of Soviet Socialist Republics, safeguard the authority of the constitution, fulfill the legal responsibilities of my position, be loyal to the motherland, be loyal to the people, show the utmost respect for my duty, pursue public affairs with integrity, accept the supervision of the people, and strive for a prosperous, democratic, and communist society.”

ARTICLE 31.

The Chairman of the U.S.S.R. shall take up his powers from the moment of taking the oath of loyalty and cease to fulfill them with the expiration of the term of office and from the moment a newly-elected chairman is sworn in. The Chairman of the U.S.S.R. shall cease to exercise his powers short of the term in case of his resignation, stable inability because of health reasons to exercise the powers vested in him, or in case of impeachment. In this case, the election of the Chairman of the U.S.S.R. shall take place not later than three months since the termination of the powers short of the term. In all cases when the Chairman of the U.S.S.R. is incapable of fulfilling his duties, they shall be temporarily fulfilled by the Chairman of the Presidium of the Supreme Soviet.

ARTICLE 32.

The Chairman of the U.S.S.R. may be impeached by the Supreme Soviet only on the basis of the charges of high treason or another grave crime (constituted as crimes in Chapter I of the Special Part of the Criminal Code), advanced by the Presidium of the Supreme Soviet and confirmed by the conclusion of the Supreme Court of the U.S.S.R.  on the presence of the elements of crime in the actions of the Chairman of the U.S.S.R. The decision of the Presidium of the Supreme Soviet on advancing charges and the decision of the Supreme Soviet on impeaching the chairman shall be adopted unanimously on the initiative of not less than one-third of the deputies of the Supreme Soviet and with the conclusion of a special commission set up by the Presidium of the Supreme Soviet. The decision of the Supreme Soviet on impeaching the Chairman of the U.S.S.R. shall be adopted not later than three days after the Presidium of the Supreme Soviet advanced the charges against the chairman. If a decision of the Supreme Soviet of the U.S.S.R  is not adopted during this time, the charges against the Chairman shall be regarded as rejected.

ARTICLE 33.

The Chairman of the U.S.S.R. shall possess immunity other than crimes specified in Article 31 of the Constitution.

## **Chapter V: The Organs of Government of the Union of Soviet Socialist Republics**

ARTICLE 34.

The highest executive and administrative organ of state authority of the Union of Soviet Socialist Republics is the Council of Ministers of the U.S.S.R.

ARTICLE 35.

The Council of Ministers of the U.S.S.R. is responsible to the Supreme Soviet of the U.S.S.R. and accountable to it, and in the intervals between sessions of the Supreme Soviet, it is responsible and accountable to the Presidium of the Supreme Soviet of the U.S.S.R.

ARTICLE 36.

The Council of Ministers of the U.S.S.R. issues decisions and orders on the basis and in pursuance of the laws in operation and supervises their execution.

ARTICLE 37.

Decisions and orders of the Council of Ministers of the U.S.S.R. are binding throughout the territory of the U.S.S.R.

ARTICLE 38.

The Council of Ministers of the U.S.S.R.:

1. Adopts measures to carry out the national economic plan and the state budget, and to strengthen the credit and monetary system;
2. Adopts measures for the maintenance of public order, for the protection of the interests of the state, and for the safeguarding of the rights of citizens;
3. Exercises general guidance in respect of relations with foreign states;
4. Fixes the annual contingent of citizens to be called up for military service and directs the general organization and development of the armed forces of the country;
5. Sets up, whenever necessary, special Committees and Central Administrations under the Council of Ministers for matters concerning economic, cultural, and defense organization and development.

ARTICLE 39.

The Council of Ministers of the U.S.S.R. is appointed by the Supreme Soviet of the U.S.S.R. and consists of:

The Chairman of the Council of Ministers of the U.S.S.R.;

The Ministers of the U.S.S.R.;

The Chairman of the State Planning Committee of the U.S.S.R.;

The Chairman of the Board of the State Bank;

The Chairman of the Committee for State Security.

ARTICLE 40.

The ministers of the U.S.S.R. direct the branches of state administration that come within the jurisdiction of the U.S.S.R.

ARTICLE 41.

The ministers of the U.S.S.R. issue, within the limits of the jurisdiction of the respective ministries, orders and instructions on the basis and in pursuance of the laws in operation, and also of decisions and orders of the Council of Ministers, and supervise their execution.

ARTICLE 42.

The following are All-Union Ministries:

Defense

Foreign Affairs

Finance

Internal Affairs

Justice

Education

Propaganda

## **Chapter VI: The Courts and Procurator’s Office**

ARTICLE 43.

In the U.S.S.R., justice is administered by the Supreme Court of the U.S.S.R., the special courts of the U.S.S.R. established by decision of the Supreme Soviet of the U.S.S.R., and the People's Courts.

ARTICLE 44.

In all courts, cases are tried with the participation of people's assessors, except in cases specially provided for by law.

ARTICLE 45.

The Supreme Court of the U.S.S.R. is the highest judicial organ. The Supreme Court of the U.S.S.R. is charged with the supervision of the judicial activities of all the judicial organs of the U.S.S.R.

ARTICLE 46.

The Supreme Court of the U.S.S.R. and the special courts of the U.S.S.R. are elected by the Supreme Soviet of the U.S.S.R. for a term of three (3) months.

ARTICLE 47.

People's Courts are appointed by the Judicial Panel of Civil and Criminal Affairs with direct and equal suffrage by secret ballot for a term of three (3) months.

ARTICLE 48.

Judicial proceedings are conducted in English.

ARTICLE 49.

In all courts of the U.S.S.R. cases are heard in public, unless otherwise provided for by law, and the accused is guaranteed the right to be defended by Counsel.

ARTICLE 50.

Judges are independent and subject only to the law.

ARTICLE 51.

Judges have the ability to issue arrest warrants for crimes listed in Title II of the Special Part within the Criminal Code. Arrest warrants for crimes listed in Title I of the Special Part can only be issued by the Judicial Panel for Civil and Criminal Affairs.

ARTICLE 52.

Supreme supervisory power over the strict execution of the laws by all ministries and institutions subordinated to them, as well as by public servants and citizens of the U.S.S.R. is vested in the Procurator General of the U.S.S.R.

ARTICLE 53.

The Procurator General of the U.S.S.R. is appointed by the Supreme Soviet of the U.S.S.R. for a term of six (6) months.

ARTICLE 54.

The Procurators of the U.S.S.R. are appointed by the Procurator General of the U.S.SR.

ARTICLE 55.

Procurators of the U.S.S.R. have the ability to issue arrest warrants.

## **Chapter VII: Fundamental Rights and Duties of Citizens**

ARTICLE 56.

Citizens of the U.S.S.R. have the right to work, that is, are guaranteed the right to employment and payment for their work in accordance with its quantity and quality.

The right to work is ensured by the socialist organization of the national economy, the steady growth of the productive forces of Soviet society, the elimination of the possibility of economic crises, and the abolition of unemployment.

ARTICLE 57.

Citizens of the U.S.S.R. have the right to rest and leisure. The prohibition of rest and leisure by state enterprises is unlawful and the worker shall be compensated for their missed rest.

ARTICLE 58.

Citizens of the U.S.S.R. have the right to education.

This right is ensured by universal elementary education and higher education, being free of charge.

ARTICLE 59.

In conformity with the interests of the working people, and in order to strengthen the socialist system, the citizens of the U.S.S.R. are guaranteed by law:

1. freedom of speech;
2. freedom of the press;
3. freedom of assembly, including the holding of mass meetings;
4. freedom of street processions and demonstrations;

These civil rights are ensured by placing at the disposal of the working people, the server channels, and other material requisites for the exercise of these rights.

ARTICLE 60.

In conformity with the interests of the working people, and in order to develop the organizational initiative and political activity of the masses of the people, citizens of the U.S.S.R. are ensured the right to unite in public organizations and the most active and politically most conscious citizens in the ranks of the working class and other sections of the working people unite in the Communist Party of the Soviet Union, which is the vanguard of the working people in their struggle to strengthen and develop the socialist system and is the leading core of all organizations of the working people, both public and state.

ARTICLE 61.

Citizens of the U.S.S.R. are guaranteed inviolability of the person. No person may be placed under arrest except by decision of a court or with the sanction of a procurator.

ARTICLE 62.

The U.S.S.R. affords the right of asylum to foreign citizens being persecuted for defending the interests of the working people or for their struggle for national liberation.

ARTICLE 63.

It is the duty of every citizen of the U.S.S.R. to abide by the Constitution of the Union of Soviet Socialist Republics, to observe the laws, to maintain labor discipline, honestly perform public duties, and respect the rules of socialist intercourse.

ARTICLE 64.

It is the duty of every citizen of the U.S.S.R. to safeguard and strengthen the socialist society as the sacred and inviolable foundation of the Soviet system, as the source of the wealth and might of the country, as the source of the prosperous and cultured life of all the working people.

Persons committing offenses against the socialist society are enemies of the people.

ARTICLE 65.

Universal military service is law.

Military service in the Workers' and Peasants' Red Army is an honorable duty of the citizens of the U.S.S.R.

ARTICLE 66.

To defend the motherland is the sacred duty of every citizen of the U.S.S.R. Treason to the country while in military service include violation of the oath of allegiance, desertion to the enemy, impairing the military power of the state, espionage, and such crimes are punishable with all the severity of the law as the most heinous of crimes.

## **Chapter VIII: The Electoral System**

ARTICLE 67.

Members of the Supreme Soviet of the U.S.S.R. are chosen by the electors on the basis of universal, direct, and equal suffrage by secret ballot.

ARTICLE 68.

Elections of deputies are universal: all citizens of the U.S.S.R. whose account has been in the server for one month, irrespective of race or nationality, religion, educational and residential qualifications, social origin, property status or past activities, have the right to vote in the election of deputies and to be elected, with the exception of insane persons and persons who have been convicted by a court of law and whose sentences include deprivation of electoral rights.

ARTICLE 69.

Elections of deputies are equal: each citizen has one vote; all citizens participate in elections on an equal footing.

ARTICLE 70.

Citizens serving in the Red Army have the right to elect and be elected on equal terms with all other citizens.

ARTICLE 71.

Voting at elections of deputies is secret.

## **Chapter IX: Arms, Flag, Capital**

ARTICLE 72.

The arms of the Union of Soviet Socialist Republics consists of a sickle and hammer against a globe depicted in the rays of the sun and surrounded by ears of grain with the inscription "Workers of the World, Unite!" in the languages of the Union Republics. At the top of the arms is a five-pointed star.

ARTICLE 73.

The state flag of the Union of Soviet Socialist Republics is of red cloth with the sickle and hammer depicted in gold in the upper corner near the staff and above them, a five-pointed star bordered in gold. The ratio of the width to the length is 1:2.

ARTICLE 74.

The capital of the Union of Soviet Socialist Republics is the City of Moscow.

## **Chapter X: Procedure for Amending the Constitution**

ARTICLE 75.

The Constitution of the U.S.S.R. may be amended only by decision of the Supreme Soviet, adopted only by a majority of not less than two-thirds of the votes cast.

## **FINAL PROVISIONS**

FIRST

The former Constitution of the Union of Soviet Socialist Republics is derogated.

SECOND

The present Constitution, once certified, will take effect upon its announcement.

THIRD

After its announcement, the present Constitution will supersede international law.