1936 Constitution of the USSR

1936 CONSTITUTION OF THE USSR

Adopted December 1936





CHAPTER VI

Hammer & Sickle

THE ORGANS OF GOVERNMENT OF THE UNION REPUBLICS

ARTICLE 79. The highest executive and administrative organ of state authority of a Union Republic is the Council of People's Commissars of the Union Republic.

ARTICLE 80. The Council of People's Commissars of a Union Republic is responsible to the Supreme Soviet of the Union Republic and accountable to it; and in the intervals between sessions of the Supreme Soviet of the Union Republic it is responsible and accountable to the Presidium of the Supreme Soviet of the respective Union Republic.

ARTICLE 81. The Council of People's Commissars of a Union Republic issues decisions and orders on the basis and in pursuance of the laws in operation of the U.S.S.R. and of the Union Republic, and of the decisions and orders of the Council of People's Commissars of the U.S.S.R., and supervises their execution.

ARTICLE 82. The Council of People's Commissars of a Union Republic has the right to suspend decisions and orders of Councils of People's Commissars of Autonomous Republics, and to annul decisions and orders of Executive Committees of Soviets of Working People's Deputies of Territories, Regions and Autonomous Regions.

ARTICLE 83. The Council of People's Commissars of a Union Republic is appointed by the Supreme Soviet of the Union Republic and consists of:

The Chairman of the Council of People's Commissars of the Union Republic;
The Vice-Chairmen;
The Chairman of the State Planning Commission;
The People's Commissars of:
The Food Industry, Fish Industry, Meat and Dairy Industry, Light Industry, Textile Industry, Timber Industry, Building Materials Industry, Agriculture, State Grain and Livestock Farms, Finance, Trade, Internal Affairs, State Security, Justice, Public Health, State Control, Education, Local Industry, Municipal Economy, Social Maintenance, Automobile Transport, The Chief of the Arts Administration, The Representatives of the All-Union People's Commissariats.

ARTICLE 84. The People's Commissars of a Union Republic direct the branches of state administration which come under the jurisdiction of the Union Republic.

ARTICLE 85. The People's Commissars of a Union Republic issue, within the limits of the jurisdiction of their respective People's Commissariats, orders and instructions on the basis and in pursuance of the laws of the U.S.S.R. and of the Union Republic, of the decisions and orders of the Council of People's Commissars of the U.S.S.R. and that of the Union Republic, and of the orders and instructions of the Union Republican People's Commissariats of the U.S.S.R.

ARTICLE 86. The People's Commissariats of a Union Republic are either Union-Republican or Republican Commissariats.

ARTICLE 87. The Union-Republican People's Commissariats direct the branches of state administration entrusted to them, and are subordinate both to the Council bf People's Commissars of the Union Republic and to the corresponding' Union-Republican People's Commissariats of the U.S.S.R.

ARTICLE 88. The Republican People's Commissariats direct the branches of state administration entrusted to them and are directly subordinate to the Council of People's Commissars of the Union Republic.



CHAPTER VII

Hammer & Sickle

THE HIGHEST ORGANS OF STATE AUTHORITY OF THE AUTONOMOUS SOVIET SOCIALIST REPUBLICS

ARTICLE 89. The highest organ of state authority of an Autonomous Republic is the Supreme Soviet of the respective Autonomous Soviet Socialist Republic.

ARTICLE 90. The Supreme Soviet of an Autonomous Republic is elected by the citizens of the Republic for a term of four years on the basis of representation established by the Constitution of the Autonomous Republic.

ARTICLE 91. The Supreme Soviet of an Autonomous Republic is the sole legislative organ of the Autonomous Soviet Socialist Republic.

ARTICLE 92. Each Autonomous Republic has its own Constitution which takes account of the specific features of the Autonomous Republic and is drawn up in full conformity with the Constitution of the Union Republic.

ARTICLE 93. The Supreme Soviet of an Autonomous Republic elects the Presidium of the Supreme Soviet of the Autonomous Republic and appoints the Council of People's Commissars of the Autonomous Republic, in accordance with its Constitution.



CHAPTER VIII

Hammer & Sickle

THE LOCAL ORGANS OF STATE AUTHORITY

ARTICLE 94. The organs of state authority in territories, regions, autonomous regions, areas, districts, cities and rural localities (stations, villages, hamlets, kishlaks, auls) are the Soviets of Working People's Deputies.

ARTICLE 95. The Soviets of Working People's Deputies of territories, regions, autonomous regions, areas, districts, cities and rural localities (stations, villages, hamlets, kishlaks, auls) are elected by the working People of the respective territories, regions, autonomous regions, areas, districts, cities or rural localities for a term of two years.

ARTICLE 96. The basis of representation for Soviets of Working People's Deputies is defined by the Constitutions of the Union Republics.

ARTICLE 97. The Soviets of Working People's Deputies direct the work of the organs of administration subordinate to them, ensure the maintenance of public order, the observance of the laws and the protection of the rights of citizens, direct local economic and cultural organization and development and draw up the local budgets.

ARTICLE 98. The Soviets of Working People's Deputies adopt decisions and issue orders within the limits of the powers vested in them by the laws of the U.S.S.R. and of the Union Republic.

ARTICLE 99. The executive and administrative organs of the Soviets of Working People's Deputies of territories, regions, autonomous' regions, areas, districts, cities and rural localities are the Executive Committees elected by them, consisting of a Chairman, Vice-Chairmen, a Secretary and members.

ARTICLE 100. The executive and administrative organ of rural Soviets of Working People's Deputles in small localities, in accordance with the Constitutions of the Union Republics, is the Chairman, the Vice-Chairman, and the Secretary elected by them.

ARTICLE 101. The executive organs of the Soviets of Working People's Deputies are directly accountable both to the Soviets of Working People's Deputies which elected them and to the executive organ of the superior Soviet of Working People's Deputies.



CHAPTER IX

Hammer & Sickle

THE COURTS AND THE PROCURATOR'S OFFICE

ARTICLE 102. In the U.S.S.R. justice is administered by the Supreme Court of the U.S.S.R., the Supreme Courts of the Union Republics, the Territorial and the Regional courts, the courts of the Autonomous Republics and the Autonomous Regions, the Area courts, 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 103. In all courts cases are tried with the participation of people's assessors, except in cases specially provided for by law.

ARTICLE 104. 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. and of the Union Republics.

ARTICLE 105. 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 five years.

ARTICLE 106. The Supreme Courts of the Union Republics are elected by the Supreme Soviets of the Union Republics for a term of five years.

ARTICLE 107. The Supreme Courts of the Autonomous Republics are elected by the Supreme Soviets of the Autonomous Republics for a term of five years.

ARTICLE 108. The Territorial and the Regional courts, the courts of the Autonomous Regions and the Area courts are elected by the Territorial, Regional or Area Soviets of Working People's Deputies or by the Soviets of Working People's Deputies of the Autonomous Regions for a term of five years.

ARTICLE 109. People's Courts are elected by the citizens of the district on the basis of universal, direct and equal suffrage by secret ballot for a term of three years.

ARTICLE 110. Judicial proceedings are conducted in the language of the Union Republic, Autonomous Republic or Autonomous Region, persons not knowing this language being guaranteed every opportunity of fully acquainting themselves with the material of the case through an interpreter and likewise the right to use their own language in court.

ARTICLE 111. 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 112. Judges are independent and subject only to the law.

ARTICLE 113. Supreme supervisory power over the strict execution of the laws by all People's Commissariats and institutions subordinated to them, as well as by public servants and citizens of the U.S.S.R., is vested in the Procurator of the U.S.S.R.

ARTICLE 114. The Procurator of the U.S.S.R. is appointed by the Supreme Soviet of the U.S.S.R. for a term of seven years.

ARTICLE 115. Procurators of Republics, Territories and Regions, as well as Procurators of Autonomous Republics and Autonomous Regions, are appointed by the Procurator of the U.S.S.R. for a term of five years.

ARTICLE 116. Area, district and city procurators are appointed for a term of five years by the Procurators of the Union Republics, subject to the approval of the Procurator of the U.S.S.R.

ARTICLE 117. The organs of the Procurator's Office perform their functions independently of any local organs whatsoever, being subordinate solely to the Procurator of the U.S.S.R.

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© 1996 Robert Beard