Development and public discussion of the draft Constitution of the USSR in 1936
( Pp. 46-51)

More about authors
Maksimova Olga Dmitrievna PhD at law, associate professor. Position: associate professor.
Moscow humanitarian university
Abstract:
Purpose: To identify the main reasons behind the creation of the draft Constitution of the USSR in 1936; figure out how to work the Constitutional Commission; reveal features of the legislative process in the Soviet state by creating a project under study. Background: Problems in creating the Soviet Constitution in 1936 were studied by authors: Y.S. Kukushkin, O.I. Chistyakov, Y.N. Zhukov, V.M. Kuritsyn, E.A. Shershneva, S.S. Khromov, S. Fitzpatrick, P. Solomon. Materials and Methods: The article used archival materials on the development of the draft Constitution of the USSR in 1936, these materials were processed by comparative legal, historical and formal- legal methods. Conclusions: One of the important reasons for the adoption of the 1936 Constitution were shortcomings in the legislative process under the Constitution of the USSR in 1924, particularly overburdened legislative function of the CPC of the USSR, which is why the Soviet government did not have time to deal with management issues. Since 1936, only the highest legislative body put the USSR Supreme Soviet. The composition of the Constitutional Committee, formed to address the VII Congress of Soviets of the USSR to develop the project, entered the party and state leaders. Along with the Constitutional Committee, a working group of A.I. Stetsky, I.A. Yakovlev and B.M. Tal for revision and editing of the text of the Constitution. I.V. Stalin took part it’s work, his opinion was decisive in the formulation of the main provisions of the 1936 Constitution. Practical implication: Article materials can be used to analyze the development of domestic constitutional law, the article may also be of interest to those interested in the peculiarities of the legislative activity of the domestic state. Originality/ value: This article contains archival materials, which confirm the application of democratic procedures that were used in the process of drafting the Constitution of the USSR in 1936, in particular material on the procedure nationwide discussion and which proposals and amendments were made citizens of the USSR in the draft constitution. From the article you can find out which provisions of the draft constitution aroused the greatest interest among the population.
How to Cite:
Maksimova O.D., (2014), DEVELOPMENT AND PUBLIC DISCUSSION OF THE DRAFT CONSTITUTION OF THE USSR IN 1936. Gaps in Russian Legislation, 3 => 46-51.
Reference list:
ZHukov YU.N. Inoy Stalin. M., 2003
Istoriya natsional no-gosudarstvennogo stroitel stva v SSSR. 1917-1978. M., 1979
Kabanov V.V. Iz istorii sozdaniya konstitutsii SSSR 1936 goda // Istoriya SSSR. 1976. № 6. S. 118.
Kukushkin YU.S., CHistyakov O.I. Ocherk istorii Sovetskoy Konstitutsii. M., 1987
Kuritsyn V.M. Istoriya otechestvennogo gosudarstva i prava. 1929 g.- 22 iyunya 1941 g. Forsirovannaya modernizatsiya strany i formirovanie voenno-tekhnicheskoy i sotsial no-politicheskoy bazy budushchey pobedy v Velikoy Otechestvennoy voyne. M., 2009
Maksimova O.D. Zakonotvorchestvo v SSSR v 1922-1936 godakh. M., 2014.
KHromov S.S. Po stranitsam lichnogo arkhiva Stalina. M., 2009
TSygankova A. A. Realizatsiya agrarno-zemel noy politiki Narodnym komissariatom zemledeliya SSSR v period kollektivizatsii sel skogo khozyaystva (1929-1936 gg.). Avtoref. dis. kand. yurid. nauk. Krasnodar, 2011.
SHershneva E.A. Sozdanie Konstitutsii SSSR 1936 goda. Dis. kand. yurid. nauk. M., 2011.
Keywords:
The Constitution of the USSR 1936, the legislative process, Supreme Soviet of the USSR, Stalin, The CPSU(b).


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