Serp i Molot

Constitution (Fundamental Law) of the RSFSR


Part Three: The Structure of Soviet Governmen

A. Organization of the central authority



CHAPTER SIX
Hammer & Sickle
The All-Russia Congress of Soviets of Workers', Peasants, Cossacks' and Red Army Soldiers' Deputies

Article 24. The All-Russia Congress of Soviets is the supreme authority of the Russian Socialist Federative Soviet Republic.

Article 25. The All-Russia Congress of Soviets is composed of representatives of urban Soviets on the basis of one deputy for every 25,000 electors, and representatives of gubernia congresses of Soviets on the basis of one deputy for every 125,000 of the population.

NOTE 1. In the event of a gubernia congress of Soviets not preceding the All-Russia Congress, delegates to the latter are sent directly by uyezd congresses.
NOTE 2. In the event of a regional congress of Soviets directly preceding the All-Russia Congress, delegates to the latter can be sent by the regional congress.

Article 26. The All-Russia Congress of Soviets is convened by the All-Russia Central Executive Committee at least twice a year.

Article 27. An extraordinary All-Russia Congress of Soviets is convened by the All-Russia Central Executive Committee on its own initiative, or on the demand of the Soviets of localities inhabited by at least one-third of the population of the Republic.

Article 28. The All-Russia Congress of Soviets elects the All-Russia Central Executive Committee, to consist of not more than 200 members.

Article 29. The All-Russia Central Executive Committee is fully accountable to the All-Russia Congress of Soviets.

Article 30. In the intervals between Congresses the All-Russia Central Executive Committee is the supreme authority of the Republic.


CHAPTER SEVEN
Hammer & Sickle
The All-Russia Central Executive Committee


Article 31. The All-Russia Central Executive Committee is the highest legislative, administrative and supervisory body of the Russian Socialist Federative Soviet Republic.

Article 32. The All-Russia Central Executive Committee gives general directives for the activity of the Workers' and Peasants' Government and all organs of Soviet power in the country; unites and co-ordinates legislative and administrative activities, and supervises the implementation of the Soviet constitution and of the decisions of All-Russia Congresses of Soviets and the central bodies of Soviet power.

Article 33. The All-Russia Central Executive Committee examines and approves draft decrees and other proposals submitted by the Council of People's Commissars or by separate departments, and issues its own decrees and ordinances.

Article 34. The All-Russia Central Executive Committee convenes the All-Russia Congress of Soviets, to which it submits an account of its activity and reports on general policy and particular matters.

Article 35. The All-Russian Central Executive Committee appoints the Council of People's Commissars for general management of the affairs of the Russian Socialist Federative Soviet Republic, and departments (People's Commissariats) to be in charge of particular branches of the administration.

Article 36. The members of the All-Russia Central Executive Committee work in the departments (People's Commissariats) or carry out special commissions of the All-Russia Central Executive Committee.


CHAPTER EIGHT
Hammer & Sickle
The Council of People's Commissars


Article 37. The Council of People's Commissars exercises general management of the affairs of the Russian Socialist Federative Soviet Republic.

Article 38. In pursuance of this task the Council of People's Commissars issues decrees, ordinances, instructions and generally takes what measures are necessary to ensure the proper course of life of the State.

Article 39. The Council of People's Commissars immediately notifies the All-Russia Central Executive Committee of all its orders and decisions.

Article 40. The All-Russia Central Executive Committee has the right to cancel or suspend any order or decision of the Council of People's Commissars.

Article 41. All decisions and orders of the Council of People's Commissars which are of major general political importance are submitted to the All-Russia Central Executive Committee for consideration and approval.

NOTE. Urgent measures can be taken by the Council of People's Commissars directly.

Article 42. Members of the Council of People's Commissars head the People's Commissariats.

Article 43. Eighteen People's Commissariats are formed:

  1. Foreign Affairs;
  2. Military Affairs;
  3. Maritime Affairs;
  4. Interior;
  5. Justice;
  6. Labour;
  7. Social Security;
  8. Public Education;
  9. Post and Telegraph;
  10. Nationalities Affairs;
  11. Finance;
  12. Transport;
  13. Agriculture;
  14. Trade and Industry;
  15. Food Supply;
  16. State Control;
  17. the Supreme Economic Council;
  18. Public Health.

Article 44. Under the chairmanship of every People's Commissar a board is constituted whose members are confirmed by the Council of People's Commissars.

Article 45. The People's Commissar has the right personally to take decisions on all matters that come within the competence of his commissariat. In the event of its disagreement with a decision of the People's Commissar the board can, without suspending the implementation of the decision, appeal against it to the Council of People's Commissars or the Presidium of the All-Russia Central Executive Committee.

The same right of appeal belongs to individual members of the board.

Article 46. The Council of People's Commissars is fully accountable to the All-Russia Congress of Soviets and the All-Russia Central Executive Committee.

Article 47. The People's Commissars and the boards of the People's Commissariats are fully accountable to the Council of People's Commissars and the All-Russia Central Executive Committee.

Article 48. The rank of People's Commissar is given exclusively to members of the Council of People's Commissars, which manages the general affairs of the Russian Socialist Federative Soviet Republic, and cannot be conferred on any other representative of Soviet government either in the centre or in the provinces.



CHAPTER NINE
Hammer & Sickle
The Jurisdiction of the All-Russia Congress of Soviets and the All-Russia Central Executive Committee

Article 49. Within the jurisdiction of the All-Russia Congress of Soviets and the Central Executive Committee come all matters of State importance, viz:

  1. Approval and amendment of the Constitution of the Russian Socialist Federative Soviet Republic.
  2. General guidance of the foreign and domestic policy of the Russian Socialist Federative Soviet Republic.
  3. Delimitation and modification of frontiers, as well as alienation of parts of the territory of the Russian Socialist Federative Soviet Republic or of rights belonging to it.
  4. Delimitation of the boundaries and spheres of jurisdiction of the regional unions of soviets forming part of the Russian Socialist Federative Soviet Republic, as well as settlement of disputes between them.
  5. Admission of new members into the Russian Socialist Federative Soviet Republic and confirmation of secession of parts of the Russian Federation.
  6. General determination of the administrative divisions of the territory of the Russian Socialist Federative Soviet Republic, and confirmation of regional formations.
  7. Establishment and modification of the system of weights and measures and the monetary system on the territory of the Russian Socialist Federative Soviet Republic.
  8. Relations with foreign states, declaration of war and conclusion of peace.
  9. Contracting and granting of loans, conclusion of customs and trade treaties and financial agreements.
  10. Determination of the fundamentals and the general plan of the national economy and its branches on the territory of the Russian Socialist Federative Soviet Republic.
  11. Approval of the budget of the Russian Socialist Federative Soviet Republic.
  12. Establishment of federal taxes and duties.
  13. Definition of the basic principles of organization of the armed forces of the Russian Socialist Federative Soviet Republic.
  14. Federal legislation, the judicial system and judicial procedure, civil and criminal legislation, etc.
  15. Appointment and dismissal of individual members of the Council of People's Commissars and of the Council of People's Commissars as a whole, as well as confirmation of the Chairman of the Council of People's Commissars.
  16. General regulations on the acquisition and loss of Russian citizenship rights and on the rights of foreigners on the territory of the Republic.
  17. The right of amnesty, general and partial.

Article 50. In addition to the matters listed above, the All-Russian Congress of Soviets and the All-Russia Central Executive Committee decide all questions which they find coming within their competence.

Article 51. It is the exclusive prerogative of the All-Russian Congress of Soviets to:

  1. define and amend the basic principles of the Soviet constitution;
  2. ratify peace treaties.

Article 52. The All-Russia Central Executive Committee may decide matters indicated in paragraphs (c) and (h) of Article 49 only when an All-Russian Congress of Soviets cannot be convened.



B. Organization of Local Soviet Authority


CHAPTER TEN
Hammer & Sickle
Congresses of Soviets


Article 53. Congresses of Soviets are composed as follows:

  1. Oblast (regional) congresses- of representatives of city Soviets and uyezd congresses, on the basis of one delegate per 25,000 residents, and from cities, one delegate per 5,000 electors, with not more than 500 delegates from the region as a whole; or of representatives of gubernia congresses of soviets, elected on the same basis, if such congresses directly precede the regional congress.
  2. Gubernia (area) congresses of representatives of city Soviets and volost congresses, on the basis of one delegate per 10,000 residents and from cities, one deputy per 2,000 electors, with not more than 300 delegates from the gubernia (area) as a whole. If uyezd congresses of Soviets directly precede the gubernia congress, elections are conducted on the same basis, by uyezd rather than volost congresses.
  3. Uyezd (district) congresses of representatives of village soviets, on the basis of one delegate per 1,000 residents, with not more than 300 delegates from the uyezd (district) as a whole.
  4. Volost congresses of representatives of all village soviets of the volost, on the basis of one delegate for every ten members of a soviet.

NOTE 1. Uyezd congresses are attended by representatives of the Soviets of towns whose population does not exceed 10,000; village soviets of localities with a population of less than 1,000 unite to elect delegates to the uyezd congress.
NOTE 2. Village Soviets having less than ten members send to the volost congress one representative each.

Article 54. Congresses of Soviets are convened by the respective local executive bodies of Soviet authority (executive committees) at their discretion, or on the demand of the Soviets of localities accounting for not less than one-third of the population of the given territorial unit: but in any event at least twice a year in a region, once in every three months in a gubernia or uyezd, and once a month in a volost.

NOTE 1. Uyezd congresses are attended by representatives of the Soviets of towns whose population does not exceed 10,000; village soviets of localities with a population of less than 1,000 unite to elect delegates to the uyezd congress.

NOTE 2. Village Soviets having less than ten members send to the volost congress one representative each.

Article 55. The region, gubernia, uyezd or volost congress of Soviets elects its executive committee, to consist of not more than: (a) 25 members in a region or gubernia; (b) 20 in an uyezd, and (c) 10 in a volost. The executive committee is fully accountable to the congress of Soviets that elected it.

Article 56. Within the boundaries of its region, gubernia, uyezd or volost, the congress of Soviets is the highest authority; in the intervals between congresses this authority is vested in the executive committee.


CHAPTER ELEVEN
Hammer & Sickle
The Soviets of Deputies

Article 57. The soviets of deputies are composed as follows:

  1. In cities - on the basis of one deputy per 1,000 of the population, but with not less than 50 and not more than 1,000 members.
  2. In rural localities (villages, Cossack settlements, towns with less than 10,000 residents, auls, hamlets, etc.) - on the basis of one deputy per 100 of the population, but with not less than three and not more than 50 deputies per locality.
    The term of office of deputies is three months.

Article 58. For day-to-day work, the Soviets of deputies elect, from among their members, executive bodies (executive committees) consisting of not more than five members in villages, and on the basis of one member per fifty deputies, but with not less than three and not more than fifteen members, in cities (not more than forty members in Petersburg and Moscow). The executive committee is fully accountable to the Soviet which elected it.

Article 59. Sessions of the soviet of deputies are convened by the executive committee at its discretion, or on the demand of not less than half of the deputies to the Soviet: but at least once a week in cities and twice a week in rural areas.

Article 60. Within the boundaries of the given locality the soviet or, in the event envisaged in Article 57 (Note), the general meeting of electors, is the highest authority.



CHAPTER TWELVE
Hammer & Sickle
The Jurisdiction of Local Bodies of Soviet Rule

Article 61. The regional, gubernia, uyezd and volost bodies of Soviet rule and the soviets of deputies:

  1. Put into effect all decisions of the corresponding higher bodies of soviet rule;
  2. Take all measures to promote the cultural and economic development of the given territory;
  3. Decide all questions of purely local importance (for the given territory);
  4. Co-ordinate all soviet activity within the boundaries of the given territory.

Article 62. The congress of soviets and their executive bodies have the right of control over the activities of the local soviets (i.e. those of regions have the right of control over all the soviets of the given region; those of gubernias, over all the soviets of the given gubernia, with the exception of city soviets not forming parts of uyezd congresses, etc.); the regional and gubernia congresses and their executive committees have, in addition, the right to cancel decisions of the soviets functioning in their localities, notifying, in the most important instances, the central Soviet authority.

Article 63. To ensure fulfillment of the tasks devolving on the organs of Soviet authority, city and village soviets and regional, gubernia, uyezd and volost executive committees set up corresponding departments and appoint their heads.


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Bucknell University, Lewisburg, PA 17837
© 1996 Robert Beard