The Doctrinal Foundations of Revolutionary (Socialist) Legality in the USSR in the 1930s.
( Pp. 18-25)
More about authors
Yulia S. Kovtun
Candidate of the Department of Theory of State and Law, lawyer
Ural State Law University; Sverdlovsk Region Law Office «Urals Legal»
Yekaterinburg, Russian Federation; Saint Petersburg, Russian Federation
Ural State Law University; Sverdlovsk Region Law Office «Urals Legal»
Yekaterinburg, Russian Federation; Saint Petersburg, Russian Federation
Abstract:
Abstract: The article analyzes the concept of «socialist legality» in the Soviet state during the 1930s and highlights the main reasons for changes in ideological foundations compared to the previous concept of revolutionary legality in Soviet legal doctrine.
It is concluded that socialist legality was a method of building a socialist economy, and was due to the new tasks of the Soviet state in the economic sphere. The logical development of «revolutionary expediency» and «revolutionary legality», which existed before it at previous stages, is substantiated by the author. I.V. Stalin set in 1926 the task of completing the struggle against looters of public property, which led to the concept of socialist law originating from his views. The distinction between former and new revolutionary (socialist) law was made by Stalin in his report "The Results of the First Five-Year Plan" on January 7, 1933, at the joint plenary session of the Central Committee and Central Committee of CPSU(b). The tasks of socialist legality now were the final destruction of the last remnants of class enemies, undermining the foundations of Soviet system and the struggle to protect public property by all means and methods provided by Soviet law. The concept of social legality was finally consolidated in Article 131 of the 1936 USSR Constitution.
It is concluded that socialist legality was a method of building a socialist economy, and was due to the new tasks of the Soviet state in the economic sphere. The logical development of «revolutionary expediency» and «revolutionary legality», which existed before it at previous stages, is substantiated by the author. I.V. Stalin set in 1926 the task of completing the struggle against looters of public property, which led to the concept of socialist law originating from his views. The distinction between former and new revolutionary (socialist) law was made by Stalin in his report "The Results of the First Five-Year Plan" on January 7, 1933, at the joint plenary session of the Central Committee and Central Committee of CPSU(b). The tasks of socialist legality now were the final destruction of the last remnants of class enemies, undermining the foundations of Soviet system and the struggle to protect public property by all means and methods provided by Soviet law. The concept of social legality was finally consolidated in Article 131 of the 1936 USSR Constitution.
How to Cite:
Kovtun Yu.S. The Doctrinal Foundations of Revolutionary (Socialist) Legality in the USSR in the 1930s. // Gaps in Russian Legislation. 2024. Vol. 17. №5. Pp. 018-025. (in Russ.). EDN: NNFLNF
Reference list:
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Romanovskaya V. B. The formation of the theory of socialist legality in the 20-30s of the XX century // Legal science: history and modernity. 2013. No. 9. pp. 18-27.
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Romashov R.A. The traditionality and discreteness of Russian law and legal awareness // Historical transformations of legal consciousness in the space of various traditions of law (in memory of Professor V.M. Kuritsyn). Collection of scientific papers of the International Scientific and Practical Conference. Comp. A.I. Klimenko. Moscow, 2023. pp. 19-27.
Rybakov V. A. Revolutionary legality: a theoretical aspect // Law and the State: theory and practice. 2017. No.12 (156). pp. 58-62.
Syrykh V. M. The legal nature of the Stalinist terror: according to the directives of the party, but contrary to the law: a monograph / V. M. Syrykh. - Moscow: Yurlitinform, 2020. - 502 p.
Syrykh V. M. YUridicheskaya priroda stalinskogo terrora: po direktivam partii, no vopreki pravu: monografiya / V. M. Syrykh. - Moskva: YUrlitinform, 2020. - 502 s.
Koltunov O.A. Revolutionary legality and features of its provision in the activities of the Russian police in the early years of Soviet power, 1917-1925. (Historical and legal research): Dis. ... cand. Jurid. sciences': 12.00.01: Rostov n/A, 2003. - 216 p.
Korovin K. S. The doctrinal foundations of the formation of Soviet constitutionalism in the 1917-1918's.: dissertation ... Candidate of Law: 5.1.1. / Kirill Sergeevich Korovin; [Place of defense: Ural State Law University named after V.F. Yakovlev]. - Yekaterinburg, 2022. - 212 p.
Kuritsyn V. M. Transition to the NEP and revolutionary legality: dissertation... Doctor of Law: 12.00.00. - Moscow, 1972. - 529 p.
Nikulin V. V. From emergency law to "revolutionary legality". Formation of the concept of "revolutionary legality" in the Soviet legal doctrine // Law: History and modernity. 2020. No.4. pp. 7-16.
Robespierre M. Revolutionary legality and justice: articles and speeches. Moscow: Gosyurizdat, 1959. - 275 p.
Romanovskaya V. B. The formation of the theory of socialist legality in the 20-30s of the XX century // Legal science: history and modernity. 2013. No. 9. pp. 18-27.
Romashov R. A. Revolutionary legality at the transitional stage of the Soviet rule of law // Legality and law and order in the life of society. Collection of materials of the All-Russian scientific and practical conference. Edited by E.V. Svinin. Vologda, 2022. pp. 10-16.
Romashov R.A. The traditionality and discreteness of Russian law and legal awareness // Historical transformations of legal consciousness in the space of various traditions of law (in memory of Professor V.M. Kuritsyn). Collection of scientific papers of the International Scientific and Practical Conference. Comp. A.I. Klimenko. Moscow, 2023. pp. 19-27.
Rybakov V. A. Revolutionary legality: a theoretical aspect // Law and the State: theory and practice. 2017. No.12 (156). pp. 58-62.
Syrykh V. M. The legal nature of the Stalinist terror: according to the directives of the party, but contrary to the law: a monograph / V. M. Syrykh. - Moscow: Yurlitinform, 2020. - 502 p.
Syrykh V. M. YUridicheskaya priroda stalinskogo terrora: po direktivam partii, no vopreki pravu: monografiya / V. M. Syrykh. - Moskva: YUrlitinform, 2020. - 502 s.
Keywords:
legality, revolutionary legality, socialist legality, revolutionary rule of law, USSR, the Constitution of the USSR of 1936, political and legal ideology, Soviet political and legal doctrine..
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