Shul'zhenko Yuriy Leonidovich, Doctor of juridical sciences, professor, Honored lawyer of the Russian Federation, principal researcher, Acting head of the sector of constitutional law and constitutional justice, Institute of State and Law of the Russian Academy of Sciences (10 Znamenka street, Moscow, Russia), E-mail: firstname.lastname@example.org
The article is devoted to the analysis of the state of constitutionalism during the years of developed socialism in the Soviet Union. His concept was defined as the result of the collective efforts of the CPSU and fraternal communist and workers parties.
The characteristic of the basic indicators of the creation of developed socialism in the USSR is given: the emergence of a new social community – the Soviet people; the development of the state of the dictatorship of the proletariat into a nation-wide socialist state. The basic law of a developed socialist society, a nationwide state, the foundation of constitutionalism of this period was the “Brezhnev” Constitution of the USSR adopted in 1977. First of all, it is pointed out that the fact that it introduced the concept of “people” for the first time as a subject to which all power belongs to was very democratic and promising. In the same way, one can interpret the provisions on nationwide discussion, referendum, on the status of public organizations, the labor collective. For the first time, the leading role of the Communist Party is directly fixed. With the practical denial of a multi-party system, ideological diversity, this did not correspond to the democratic essence, the nature of constitutionalism. Particular attention is focused on the provisions relating to the status of the individual, his rights and freedoms. They were the most evidence of the reality to a certain extent of the progress of Soviet practical constitutionalism. The position of the Soviet leadership, ideologists, scientists of that time on the future of domestic constitutionalism is also shown. In conclusion, a generalized conclusion is presented that constitutionalism of the period of developed socialism in the USSR as a whole should be characterized as fictitious. This is primarily based on the fact that many of the provisions of the 1977 Constitution of the USSR, which were apparently of a democratic nature in principle, were absent in reality. They actually performed the role of covering up the state, the dictatorship of the ruling communist party. First of all, three main research methods were used – dogmatic, historicallegal, comparative-legal.
elections, communist party, constitution, constitutionalism, parliament, developed socialism, citizen status
1. Kommunisticheskaya partiya Sovetskogo Soyuza. V rezolyutsiyakh i resheniyakh s"ezdov, konferentsiy i plenumov TsK: v 16 t. [Communist Party of the Soviet Union. In resolutions and decisions from trips, conferences and plenums of the Central Committee: in 16 volumes]. Moscow: Izd-vo politicheskoy literatury, 1987, vol. 13, 509 p. [In Russian]
2. Konstitutsiya SSSR. Politiko-pravovoy kommentariy [USSR Constitution. Political and legal commentary]. Ed. B. M. Ponomarev. Moscow: Politizdat, 1982, 398 p. [In Russian]
3. Meisner B. Osteuropa-Recht [Eastern European law]. 1978, pp. 2–16.
4. Sovetskoe gosudarstvennoe pravo [Soviet State Law]. Ed. by S. S. Kravchuk. 2nd ed. Moscow: Yuridicheskaya literatura, 1985, 464 p. [In Russian]
5. Shul'zhenko Yu. L. Otechestvennyy konstitutsionalizm. Istoriko-yuridicheskoe issledovanie [Domestic constitutionalism. Historical and legal research]. Moscow: In-t gosudarstva i prava RAN, 2010, 152 p. [In Russian]
6. Baglay M. V. Konstitutsionnoe pravo Rossiyskoy Federatsii: ucheb. dlya vuzov [Constitutional law of the Russian Federation: textbook for universities]. Moscow: INFRA-M: NORMA, 1997, 752 p. [In Russian]
7. Izvestiya [Izvestiya newspaper]. 1991, no. 194 (23 460). [In Russian]