Constitution (Fundamental Law) of the RSFSR

Part Four: Active and Passive Suffrage

CHAPTER THIRTEEN

ARTICLE 64. The right to elect and to be elected to soviets is enjoyed, irrespective of religion, nationality, sex, domicile, etc. by the following citizens of the Russian Socialist Federative Soviet Republic who have reached the age of eighteen by polling day:

1. All those who earn a living by productive and socially useful labour (as well as persons engaged in housekeeping which enables the former to work productively), viz. wage and salaried workers of all groups and categories engaged in industry, trade, agriculture, etc. and peasants and Cossack farmers who do not employ hired labour for profit;
2. Soldiers of the Soviet army and navy;
3. Citizens belonging to categories listed in Paragraphs (a) and (b) of the present article who have been to any degree incapacitated.

   NOTE 1. The local soviets may, subject to approval by the central authority, lower the age limit established in the present article.
   NOTE 2. As far as resident foreigners are concerned, active and passive suffrage is enjoyed by persons indicated in Article 20 (Part Two, Chapter V).

ARTICLE 65. The right to elect and to be elected is denied to the following persons, even if they belong to one of the categories listed above:

1. Persons who employ hired labour for profit;
2. Persons living on unearned income, such as interest on capital, profits from enterprises, receipts from property, etc.;
3. Private traders and commercial middle-men;
4. Monks and ministers of religion;
5. Employees and agents of the former police, the special corps of gendarmerie and the secret political police department, as well as members of the former imperial family;
6. Persons declared insane by legal proceeding, as well as persons in ward;
7. Persons condemned for pecuniary and infamous crimes to terms established by law or by a court decision.

   
   

   CHAPTER FOURTEEN
   
   The Conduct of Elections

   ARTICLE 66. Elections are held, according to established customs, on days appointed by local Soviets.

   ARTICLE 67. Elections are conducted in the presence of an electoral commission and a representative of the local soviet.

   ARTICLE 68. In instances when the presence of a representative of Soviet authority is technically impossible, he is replaced by the electoral commission chairman or, in the absence of the latter, by the chairman of the electoral assembly.

   ARTICLE 69. The proceedings and results of the election are recorded in a minute signed by the members of the electoral commission and the representative of the soviet.

   ARTICLE 70. The detailed procedure for the conduct of elections, and for the participation in them of trade unions and other workers' organizations, is determined by the local soviets in keeping with instructions issued by the All-Russia Central Executive Committee.

   
   

   CHAPTER FIFTEEN
   
   Verification and Revocation of Election Returns
   Recall of Deputies

   ARTICLE 71. All material pertaining to the conduct of elections is forwarded to the respective soviet.

   ARTICLE 72. The soviet appoints a credentials committee to verify the results of the elections.

   ARTICLE 73. The credentials committee reports to the soviet on its findings.

   ARTICLE 74. The soviet decides the question of confirming disputed candidates.

   ARTICLE 75. Should the Soviet reject a candidate, it appoints re-elections.

   ARTICLE 76. Should the elections as a whole be found faulty, the question of annuling them is decided by the higher body of soviet rule.

   ARTICLE 77. The final instance for annuling elections to soviets is the All-Russia Central Executive Committee.

   ARTICLE 78. The electors who have sent a deputy to the Soviet have the right to recall him at any time, and to hold new elections, in keeping with the general rules.

   
   

   Part Five: Budgetary Law

   
   CHAPTER SIXTEEN
   
   

   ARTICLE 79. The main objective of the fiscal policy of the Russian Socialist Federative Soviet Republic in the current transitional period of the dictatorship of the working people is expropriation of the bourgeoisie and preparation of conditions for the universal equality of the citizens of the Republic in the sphere of production and distribution of values. It is therefore aimed at placing at the disposal of the organs of Soviet power all the means necessary for satisfying the local and national needs of the Soviet Republic, in the pursuit of which tasks it will not stop at invading the sphere of the right of private ownership.

   ARTICLE 80. The state revenues and expenditures of the Russian Socialist Federative Soviet Republic are united in the state budget.

   ARTICLE 81. The All-Russian Congress of Soviets or the All-Russia Central Executive Committee determine which revenues and duties accrue to the state budget and which are placed at the disposal of the local soviets, and establish the limits of taxation.

   ARTICLE 82. The soviets collect taxes and rates for exclusively local economic needs. The requirements of the state as a whole are met out of resources allocated by the State Treasury.

   ARTICLE 83. No expenditures can be made out of the resources of the State Treasury unless provided for in the state budget, or without a special decision of the central authority.

   ARTICLE 84. To meet needs of national importance, local soviets are allotted credits by the appropriate People's Commissariats out of State Treasury funds.

   ARTICLE 85. All State Treasury credits, and credits approved for local needs, are expanded by soviets strictly as provided for in their budgets, and cannot be used for other purposes without a special decision of the All-Russian Central Executive Committee and the Council of People's Commissars.

   ARTICLE 86. Local soviets draw up half-yearly and yearly estimates of revenues and expenditures for local needs. The estimates of village and volost soviets and soviets of cities participating in uyezd congresses, and those of the uyezd organs of Soviet power, are approved by the respective gubernia and oblast congresses or their executive committees the estimates of city, gubernia and regional bodies of Soviet power are approved by the All-Russia Central Executive Committee and the Council of People's Commissars.

   ARTICLE 87. Should the need arise for expenditures insufficiently provided for in the estimates, or not provided for at all, the soviets apply for additional allocations to the respective People's Commissariats.

   ARTICLE 88. In the event of local resources proving insufficient to satisfy local needs, the issue of subsidies or loans to local soviets necessary to cover urgent expenditures is authorized by the All-Russia Central Executive Committee and the Council of People's Commissars.

   
   

   Part Six: The Arms and the Flag of the Russian Socialist Federative Soviet Republic

   
   CHAPTER SEVENTEEN
   
   

   ARTICLE 89. The Arms of the Russian Socialist Federative Soviet Republic consist of a sickle and a hammer with their handles crossed, pointing downwards, gold upon a red field in the sun's rays, and surrounded by a wreath of ears of grain, with the inscriptions:

   1. 'Russian Socialist Federative Soviet Republic', and
   2. 'Proletarians of all Countries, Unite!'

   ARTICLE 90. The flag and ensign of the Russian Socialist Federative Soviet Republic is of red cloth with the gold letters 'RSFSR' or the words 'Russian Socialist Federative Soviet Republic' in the left upper corner near the staff.

   
   
   Chairman of the Fifth All-Russia Congress of Soviets and of the All-Russia Central Executive Committee, Y. A. SVERDLOV.
   Members of the Presidium of the All-Russia Central Executive Committee, G. I. TEODOROVICH, F. A. ROZIN, A. K. MITROFANOV, K. G. MAXIMOV.
   Secretary of the All-Russia Central Executive Committee, V. A. AVANESOV.

   
   

   Bucknell University, Lewisburg, PA 17837
   © 1996 Robert Beard