Open AccessCONSTITUTIONAL PROCESS IN THE USSR DURING THE CRISIS OF THE SOVIET SYSTEM (SECOND HALF OF THE 1960’S – FIRST HALF 1980’S)
Author(s) -
Валерій Кононенко
Publication year - 2021
Publication title -
aktualʹnì problemi vìtčiznânoï ûrisprudencìï
Language(s) - English
Resource type - Journals
eISSN - 2664-6226
pISSN - 2408-9257
DOI - 10.15421/392102
Subject(s) - constitution , political science , ukrainian , constitutionalism , law , authoritarianism , ideology , fundamental rights , democracy , politics , human rights , philosophy , linguistics
The article analyzes the constitutional processes in the Ukrainian SSR during the crisis of the Soviet system (the second half of the 1960s – the first half of the 1980s) on the basis of a wide range of historical and legal sources. The study was conducted taking into account the general trends of Soviet constitutionalism of the time. The paper also analyzes party documents, which have always been the ideological basis of legal processes in the USSR and the Ukrainian SSR. The author researches the consolidation of the ideology of advanced socialism in the Constitution of the USSR in 1978 and the implementation in the constitutional legislation of the republic of fundamental international rights and freedoms, which were ratified by the USSR and the USSR as subjects of international law. The paper also analyzes the constitutional foundations of the system of state power in the republic. The main normative-legal acts, which determined the main directions and principles of activity of higher, central and local bodies of state power, their competence and powers, are analyzed. It is emphasized that the Constitution of the USSR in 1978 did not reflect a number of fundamental rights, among them one of the central international rights – the right to life. Under the existence of a one-party system and a Soviet authoritarian regime, it was also impossible to exercise political rights and freedoms and most personal rights and freedoms. It is stated that the Constitution of the USSR in 1978 did not make significant changes in the structure and powers higher, central and local authorities. Emphasis is placed on the fact that in the construction of the system of state power the Basic Law of the republic did not take as a basis the principle of separation of powers, did not create a system of checks and balances, established a rigid vertical subordination of authorities. Although local authorities had some elements of local self-government, but, in general, the basic principles of decentralization and genuine popular governance were violated. They were under party leadership. The author emphasizes that the constitutional processes in the republic during this period were not independent for center and were subject to strict ideological and party control of the Communist Party.