Constitution (Fundamental Law) of the Union of Soviet Socialist Republics
(approved by the resolution of the Extraordinary VIII Congress of Soviets of the Union of Soviet Socialist Republics of December 5, 1936)
Chapter I
Social structure
Article 1. The Union of Soviet Socialist Republics is a socialist state of workers and peasants.
Article 2. The political foundation of the USSR consists of the Soviets of Working People's Deputies, which grew and became strong as a result of the overthrow of the power of the landowners and capitalists and the conquest of the dictatorship of the proletariat.
Article 3. All power in the USSR belongs to the working people of town and country as represented by the Soviets of Working People's Deputies.
Article 4. The economic foundation of the USSR consists of the socialist system of economy and socialist ownership of the instruments and means of production, established as a result of the liquidation of the capitalist system of economy, the abolition of private ownership of the instruments and means of production and the elimination of the exploitation of man by man.
Article 5. Socialist ownership in the USSR has either the form of state ownership (the property of the whole people), or the form of cooperative and collective-farm ownership (the property of individual collective farms, the property of cooperative associations).
Article 6. The land, its mineral wealth, waters, forests, mills, factories, mines, rail, water and air transport, banks, communications, large state-organized agricultural enterprises (state farms, machine and tractor stations and the like), as well as municipal enterprises and the bulk of the dwelling houses in the cities and industrial localities, are state property, that is, the property of the whole people.
Article 7. Public enterprises in collective farms and cooperative organizations, with their livestock and implements, the products of the collective farms and cooperative organizations, as well as their common buildings, constitute the common, socialist property of the collective farms and cooperative organizations.
Each collective farm household, in addition to its main income from the collective farm's social economy, has in personal use a small plot of land attached to the homestead and in personal ownership a subsidiary husbandry on the homestead plot, a dwelling house, productive livestock, poultry and small agricultural implements — in accordance with the charter of the agricultural artel.
Article 8. The land occupied by collective farms is secured to them for free and indefinite use, that is, forever.
Article 9. Alongside the socialist system of economy, which is the predominant form of economy in the USSR, the law permits small private economy of individual peasants and handicraftsmen, based on personal labor and excluding the exploitation of the labor of others.
Article 10. The right of citizens to personal ownership of their labor incomes and savings, of a dwelling house and subsidiary domestic husbandry, of articles of domestic economy and household use, of articles of personal consumption and convenience, as well as the right of inheritance of the personal property of citizens — are protected by law.
Article 11. The economic life of the USSR is determined and directed by the state national economic plan in the interests of increasing social wealth, of the steady rise of the material and cultural level of the working people, of strengthening the independence of the USSR and of strengthening its defense capacity.
Article 12. In the USSR work is a duty and a matter of honor for every citizen able to work, according to the principle: "He who does not work, neither shall he eat."
In the USSR the socialist principle is implemented: "From each according to his ability, to each according to his work."
Chapter II
State Structure
Article 13. The Union of Soviet Socialist Republics is a federal state, formed on the basis of the voluntary association of equal Soviet Socialist Republics:
- Russian Soviet Federative Socialist Republic,
- Ukrainian Soviet Socialist Republic,
- Belorussian Soviet Socialist Republic,
- Azerbaijan Soviet Socialist Republic,
- Georgian Soviet Socialist Republic,
- Armenian Soviet Socialist Republic,
- Turkmen Soviet Socialist Republic,
- Uzbek Soviet Socialist Republic,
- Tajik Soviet Socialist Republic,
- Kazakh Soviet Socialist Republic,
- Kirghiz Soviet Socialist Republic.
Article 14. The jurisdiction of the Union of Soviet Socialist Republics, represented by its highest organs of state authority and organs of state administration, covers:
a) representation of the Union in international relations, conclusion and ratification of treaties with other states;
b) questions of war and peace;
c) admission of new republics into the USSR;
d) supervision over the observance of the Constitution of the USSR and ensuring that the Constitutions of the Union Republics conform to the Constitution of the USSR;
e) approval of alterations of boundaries between Union Republics;
f) approval of the formation of new territories and regions, and also of new autonomous republics within the Union Republics;
g) organization of the defense of the USSR and direction of all the armed forces of the USSR;
h) foreign trade on the basis of a state monopoly;
i) safeguarding of state security;
j) establishment of the national economic plans of the USSR;
k) approval of the single state budget of the USSR, as well as of the taxes and revenues that go to the formation of the budgets of the Union, the Republics and the local budgets;
l) administration of the banks, industrial and agricultural institutions and enterprises, and also trading enterprises — of all-Union significance;
m) administration of transport and communications;
o) direction of the monetary and credit system;
p) organization of state insurance;
r) conclusion and granting of loans;
s) establishment of the basic principles of land use, as well as the use of mineral resources, forests and waters;
t) establishment of the basic principles in the field of education and public health;
u) organization of a unified system of national economic accounting;
f) establishment of the principles of legislation on labor;
kh) legislation on the judicial system and legal proceedings; criminal and civil codes;
ts) laws on Union citizenship; laws on the rights of foreigners;
ch) issuance of all-Union acts on amnesty.
Article 15. The sovereignty of the Union republics is limited only within the limits specified in Article 14 of the USSR Constitution. Outside these limits, each Union republic exercises state power independently. The USSR protects the sovereign rights of the Union republics.
Article 16. Each Union republic has its own Constitution, which takes into account the particular features of the republic and is built in full conformity with the USSR Constitution.
Article 17. Each Soviet republic retains the right freely to secede from the USSR.
Article 18. The territory of the Union republics may not be altered without their consent.
Article 19. USSR laws have equal force throughout the territory of all the Union republics.
Article 20. In the event of a discrepancy between a law of a Union republic and an all-Union law, the all-Union law shall apply.
Article 21. A single Union citizenship is established for citizens of the USSR.
Every citizen of a Union republic is a citizen of the USSR.
Article 22. The Russian Soviet Federative Socialist Republic consists of the territories of: Azov-Black Sea, Far Eastern, West Siberian, Krasnoyarsk, North Caucasian; the regions of: Voronezh, East Siberian, Gorky, Western, Ivanovo, Kalinin, Kirov, Kuibyshev, Kursk, Leningrad, Moscow, Omsk, Orenburg, Saratov, Sverdlovsk, Northern, Stalingrad, Chelyabinsk, Yaroslavl; the autonomous Soviet socialist republics of: Tatar, Bashkir, Dagestan, Buryat-Mongolian, Kabardino-Balkarian, Kalmyk, Karelian, Komi, Crimean, Mari, Mordovian, Volga Germans, North Ossetian, Udmurt, Chechen-Ingush, Chuvash, Yakut; the autonomous regions of: Adygei, Jewish, Karachai, Oirot, Khakass, Cherkess.
Article 23. The Ukrainian Soviet Socialist Republic consists of the regions of: Vinnitsa, Dnepropetrovsk, Donetsk, Kiev, Odessa, Kharkov, Chernigov, and the Moldavian Autonomous Soviet Socialist Republic.
Article 24. The Azerbaijan Soviet Socialist Republic includes the Nakhichevan Autonomous Soviet Socialist Republic and the Nagorno-Karabakh autonomous region.
Article 25. The Georgian Soviet Socialist Republic includes: the Abkhaz ASSR, the Adjar ASSR, and the South Ossetian autonomous region.
Article 26. The Uzbek Soviet Socialist Republic includes the Kara-Kalpak ASSR.
Article 27. The Tajik Soviet Socialist Republic includes the Gorno-Badakhshan autonomous region.
Article 28. The Kazakh Soviet Socialist Republic consists of the regions of: Aktyubinsk, Alma-Ata, East Kazakhstan, West Kazakhstan, Karaganda, Kustanai, North Kazakhstan, South Kazakhstan.
Article 29. The Armenian SSR, the Byelorussian SSR, the Turkmen SSR and the Kirghiz SSR do not include autonomous republics, nor territories or regions.
Chapter III
The supreme organs of state power of the Union of Soviet Socialist Republics
Article 30. The supreme organ of state power of the USSR is the Supreme Soviet of the USSR.
Article 31. The Supreme Soviet of the USSR exercises all the rights assigned to the Union of Soviet Socialist Republics in accordance with Article 14 of the Constitution, insofar as they do not, by virtue of the Constitution, fall within the competence of USSR organs accountable to the Supreme Soviet of the USSR: the Presidium of the Supreme Soviet of the USSR, the Council of People's Commissars of the USSR and the People's Commissariats of the USSR.
Article 32. Legislative power in the USSR is exercised exclusively by the Supreme Soviet of the USSR.
Article 33. The Supreme Soviet of the USSR consists of two chambers: the Soviet of the Union and the Soviet of Nationalities.
Article 34. The Soviet of the Union is elected by the citizens of the USSR in electoral districts on the basis of: one deputy per 300 thousand of the population.
Article 35. The Soviet of Nationalities is elected by the citizens of the USSR by Union and autonomous republics, autonomous regions and national areas on the basis of: 25 deputies from each Union republic, 11 deputies from each autonomous republic, 5 deputies from each autonomous region and one deputy from each national area.
Article 36. The Supreme Soviet of the USSR is elected for a term of four years.
Article 37. Both chambers of the Supreme Soviet of the USSR: the Council of the Union and the Council of Nationalities are equal in rights.
Article 38. The Council of the Union and the Council of Nationalities equally possess the right of legislative initiative.
Article 39. A law is considered approved if it is adopted by both chambers of the Supreme Soviet of the USSR by a simple majority of each.
Article 40. Laws adopted by the Supreme Soviet of the USSR are published in the languages of the union republics over the signatures of the chairman and the secretary of the Presidium of the Supreme Soviet of the USSR.
Article 41. Sessions of the Council of the Union and the Council of Nationalities begin and end simultaneously.
Article 42. The Council of the Union elects the chairman of the Council of the Union and two of his deputies.
Article 43. The Council of Nationalities elects the chairman of the Council of Nationalities and two of his deputies.
Article 44. The chairmen of the Council of the Union and the Council of Nationalities direct the sittings of the respective chambers and manage their internal order.
Article 45. Joint sittings of both chambers of the Supreme Soviet of the USSR are conducted alternately by the chairmen of the Council of the Union and the Council of Nationalities.
Article 46. Sessions of the Supreme Soviet of the USSR are convened by the Presidium of the Supreme Soviet of the USSR twice a year.
Extraordinary sessions are convened by the Presidium of the Supreme Soviet of the USSR at its discretion or at the demand of one of the union republics.
Article 47. In the event of disagreement between the Council of the Union and the Council of Nationalities, the question is referred for resolution to a conciliation commission formed on a parity basis. If the conciliation commission does not reach an agreed decision or if its decision does not satisfy one of the chambers, the question is considered a second time in the chambers. In the absence of an agreed decision of the two chambers, the Presidium of the Supreme Soviet of the USSR dissolves the Supreme Soviet of the USSR and calls new elections.
Article 48. The Supreme Soviet of the USSR elects at a joint sitting of both chambers the Presidium of the Supreme Soviet of the USSR consisting of: the chairman of the Presidium of the Supreme Soviet of the USSR, eleven of his deputies, the secretary of the Presidium and 24 members of the Presidium.
The Presidium of the Supreme Soviet of the USSR is accountable to the Supreme Soviet of the USSR in all its activity.
Article 49. The Presidium of the Supreme Soviet of the USSR:
a) convenes sessions of the Supreme Soviet of the USSR;
b) gives interpretation of the laws of the USSR in force, issues decrees;
c) dissolves the Supreme Soviet of the USSR on the basis of Article 47 of the Constitution of the USSR and calls new elections;
d) conducts a nationwide poll (referendum) on its initiative or at the demand of one of the union republics;
e) repeals the decisions and orders of the Council of People's Commissars of the USSR and the Councils of People's Commissars of the union republics in the event of their inconsistency with the law;
f) in the period between sessions of the Supreme Soviet of the USSR, relieves of office and appoints individual People's Commissars of the USSR on the recommendation of the chairman of the Council of People's Commissars of the USSR, with subsequent submission for approval to the Supreme Soviet of the USSR;
g) awards orders and confers honorary titles of the USSR;
h) exercises the right of pardon;
i) appoints and replaces the supreme command of the armed forces of the USSR;
j) in the period between sessions of the Supreme Soviet of the USSR, declares a state of war in the event of a military attack on the USSR or in the event of the necessity of fulfilling international treaty obligations for mutual defense against aggression;
k) declares general or partial mobilization;
l) ratifies international treaties;
m) appoints and recalls plenipotentiary representatives of the USSR in foreign states;
n) receives credentials and letters of recall of diplomatic representatives of foreign states accredited to it.
Article 50. The Council of the Union and the Council of Nationalities elect mandate commissions, which verify the powers of the deputies of each chamber.
On the recommendation of the mandate commission, the chambers decide either to recognize the powers or to annul the elections of individual deputies.
Article 51. The Supreme Soviet of the USSR appoints, when it considers it necessary, investigative and auditing commissions on any question.
All institutions and officials are obliged to fulfill the requirements of these commissions and to present to them the necessary materials and documents.
Article 52. A deputy of the Supreme Soviet of the USSR may not be brought to judicial responsibility or arrested without the consent of the Supreme Soviet of the USSR, and in the period when there are no sessions of the Supreme Soviet of the USSR, without the consent of the Presidium of the Supreme Soviet of the USSR.
Article 53. Upon the expiration of its powers or after the early dissolution of the Supreme Soviet of the USSR, the Presidium of the Supreme Soviet of the USSR retains its powers until the formation by the newly elected Supreme Soviet of the USSR of a new Presidium of the Supreme Soviet of the USSR.
Article 54. Upon the expiration of its term of office or in the event of the early dissolution of the Supreme Soviet of the USSR, the Presidium of the Supreme Soviet of the USSR shall call new elections within a period of not more than two months from the day of the expiration of the term of office or the dissolution of the Supreme Soviet of the USSR.
Article 55. The newly elected Supreme Soviet of the USSR shall be convened by the Presidium of the Supreme Soviet of the USSR of the previous composition not later than one month after the elections.
Article 56. The Supreme Soviet of the USSR shall form, at a joint sitting of both chambers, the Government of the USSR — the Council of People's Commissars of the USSR.
Chapter IV
The Supreme Bodies of State Authority of the Union Republics
Article 57. The supreme body of state authority of a Union Republic is the Supreme Soviet of the Union Republic.
Article 58. The Supreme Soviet of a Union Republic shall be elected by the citizens of the republic for a term of four years.
The norms of representation shall be established by the Constitutions of the Union Republics.
Article 59. The Supreme Soviet of a Union Republic is the sole legislative body of the republic.
Article 60. The Supreme Soviet of a Union Republic:
a) adopts the Constitution of the republic and introduces amendments to it in accordance with Article 16 of the Constitution of the USSR;
b) approves the Constitutions of the Autonomous Republics forming part of it and determines the boundaries of their territory;
c) approves the national economic plan and the budget of the republic;
d) exercises the right of amnesty and pardon of citizens convicted by the judicial bodies of the Union Republic.
Article 61. The Supreme Soviet of a Union Republic shall elect the Presidium of the Supreme Soviet of the Union Republic, consisting of: the Chairman of the Presidium of the Supreme Soviet of the Union Republic, his deputies, the Secretary of the Presidium and the members of the Presidium of the Supreme Soviet of the Union Republic.
The powers of the Presidium of the Supreme Soviet of a Union Republic shall be determined by the Constitution of the Union Republic.
Article 62. For the conduct of its sittings, the Supreme Soviet of a Union Republic shall elect its Chairman and his deputies.
Article 63. The Supreme Soviet of a Union Republic shall form the Government of the Union Republic — the Council of People's Commissars of the Union Republic.
Chapter V
The Bodies of State Administration of the Union of Soviet Socialist Republics
Article 64. The supreme executive and administrative body of state authority of the Union of Soviet Socialist Republics is the Council of People's Commissars of the USSR.
Article 65. The Council of People's Commissars of the USSR is responsible and accountable to the Supreme Soviet of the USSR, and in the intervals between sessions of the Supreme Soviet — to the Presidium of the Supreme Soviet of the USSR, to which it is accountable.
Article 66. The Council of People's Commissars of the USSR shall issue decisions and orders on the basis of and in pursuance of the laws in force and shall verify their execution.
Article 67. Decisions and orders of the Council of People's Commissars of the USSR shall be binding throughout the territory of the USSR.
Article 68. The Council of People's Commissars of the USSR:
a) unites and directs the work of the all-Union and Union-Republican People's Commissariats of the USSR and of other economic and cultural institutions subordinate to it;
b) takes measures to implement the national economic plan and the state budget and to strengthen the credit and monetary system;
c) takes measures to ensure public order, protect the interests of the state and safeguard the rights of citizens;
d) exercises general guidance in the field of relations with foreign states;
e) determines the annual contingents of citizens subject to conscription for active military service and directs the general construction of the country's armed forces;
f) forms, when necessary, special committees and Main Administrations under the Council of People's Commissars of the USSR for affairs of economic, cultural and defense construction.
Article 69. The Council of People's Commissars of the USSR has the right, in the branches of administration and economy assigned to the competence of the USSR, to suspend decisions and orders of the Councils of People's Commissars of the Union Republics and to annul orders and instructions of the People's Commissars of the USSR.
Article 70. The Council of People's Commissars of the USSR shall be formed by the Supreme Soviet of the USSR, consisting of:
- The Chairman of the Council of People's Commissars of the USSR;
- The Deputy Chairmen of the Council of People's Commissars of the USSR;
- Chairman of the State Planning Commission of the USSR;
- Chairman of the Commission of Soviet Control;
- People's Commissars of the USSR;
- Chairman of the Committee for Procurement;
- Chairman of the Committee for the Arts;
- Chairman of the Committee for Higher Education.
Article 71. The Government of the USSR or the People's Commissar of the USSR to whom a deputy of the Supreme Soviet of the USSR has addressed an inquiry shall, within not more than three days, give an oral or written reply in the corresponding chamber.
Article 72. The People's Commissars of the USSR direct the branches of state administration that fall within the competence of the USSR.
Article 73. The People's Commissars of the USSR shall, within the competence of the corresponding People's Commissariats, issue orders and instructions on the basis of and in execution of the laws in force, as well as of the decisions and directives of the Council of People's Commissars of the USSR, and shall verify their execution.
Article 74. The People's Commissariats of the USSR are either all-Union or Union-Republican.
Article 75. The all-Union People's Commissariats direct the branch of state administration entrusted to them throughout the territory of the USSR, either directly or through bodies appointed by them.
Article 76. The Union-Republican People's Commissariats direct the branch of state administration entrusted to them, as a rule, through the People's Commissariats of the same name of the Union republics, and directly manage only a certain limited number of enterprises according to a list approved by the Presidium of the Supreme Soviet of the USSR.
Article 77. The all-Union People's Commissariats include the People's Commissariats of:
- Defense;
- Foreign Affairs;
- Foreign Trade;
- Railways;
- Communications;
- Water Transport;
- Heavy Industry;
- Defense Industry.
Article 78. The Union-Republican People's Commissariats include the People's Commissariats of:
- Food Industry;
- Light Industry;
- Timber Industry;
- Agriculture;
- Grain and Livestock State Farms;
- Finance;
- Internal Trade;
- Internal Affairs;
- Justice;
- Public Health.
Chapter VI
Organs of State Administration 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 and accountable to the Supreme Soviet of the Union Republic, and in the intervals between sessions of the Supreme Soviet of the Union Republic, to the Presidium of the Supreme Soviet of the Union Republic, to which it is accountable.
Article 81. The Council of People's Commissars of a Union Republic issues decisions and orders on the basis of and in pursuance of the laws of the USSR and of the Union Republic in force, and of the decisions and orders of the Council of People's Commissars of the USSR, and verifies their execution.
Article 82. The Council of People's Commissars of a Union Republic has the right to suspend decisions and orders of the Councils of People's Commissars of Autonomous Republics and to annul decisions and orders of the executive committees of the 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 formed 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:
- Food Industry;
- Light Industry;
- Timber Industry;
- Agriculture;
- Grain and Livestock State Farms;
- Finance;
- Internal Trade;
- Internal Affairs;
- Justice;
- Public Health;
- Education;
- Local Industry;
- Municipal Economy;
- Social Security;
- The Authorized Representative of the Committee for Procurement;
- The Head of the Administration for Arts Affairs;
- The Authorized Representatives of All-Union People's Commissariats.
Article 84. The People's Commissars of a Union Republic direct the branches of state administration that fall within the competence of the Union Republic.
Article 85. The People's Commissars of a Union Republic issue, within the competence of the corresponding People's Commissariats, orders and instructions on the basis of and in pursuance of the laws of the USSR and of the Union Republic, the decisions and orders of the Council of People's Commissars of the USSR and of the Union Republic, and the orders and instructions of the Union-Republican People's Commissariats of the USSR.
Article 86. The People's Commissariats of a Union Republic are either Union-Republican or Republican.
Article 87. The Union-Republican People's Commissariats direct the branch of state administration entrusted to them, being subordinated both to the Council of People's Commissars of the Union Republic and to the corresponding Union-Republican People's Commissariat of the USSR.
Article 88. The Republican People's Commissariats direct the branch of state administration entrusted to them, being subordinated directly to the Council of People's Commissars of the Union Republic.
Chapter VII
The Supreme Organs of State Authority of the Autonomous Soviet Socialist Republics
Article 89. The supreme organ of state authority of an Autonomous Republic is the Supreme Soviet of the ASSR.
Article 90. The Supreme Soviet of an Autonomous Republic is elected by the citizens of the republic for a term of four years according to the norms 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 ASSR.
Article 92. Each Autonomous Republic has its own Constitution, which takes into account the specific features of the Autonomous Republic and is built 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 forms the Council of People's Commissars of the Autonomous Republic, in accordance with its Constitution.
Chapter VIII
Local Organs of State Authority
Article 94. The organs of state authority in territories, regions, autonomous regions, areas, districts, cities, and villages (stanitsas, villages, hamlets, kishlaks, auls) are the Soviets of Working People's Deputies.
Article 95. The territorial, regional, autonomous region, area, district, city, and rural (of stanitsas, villages, hamlets, kishlaks, auls) Soviets of Working People's Deputies are elected respectively by the working people of the territory, region, autonomous region, area, district, city, or village for a term of two years.
Article 96. The norms of representation in the Soviets of Working People's Deputies are determined by the Constitutions of the Union Republics.
Article 97. The Soviets of Working People's Deputies direct the activity of the administrative organs subordinate to them, ensure the protection of state order, the observance of laws and the protection of the rights of citizens, direct local economic and cultural construction, and establish the local budget.
Article 98. The Soviets of Working People's Deputies adopt decisions and issue orders within the limits of the rights granted to them by the laws of the USSR and of the Union Republic.
Article 99. The executive and directive bodies of the krai, oblast, autonomous oblast, okrug, district, city and village Soviets of Working People's Deputies are the executive committees elected by them, consisting of: a chairman, his deputies, a secretary and members.
Article 100. The executive and directive body of the village Soviets of Working People's Deputies in small settlements, in accordance with the Constitutions of the union republics, is the chairman, his deputy and the secretary elected by them.
Article 101. The executive bodies of the Soviets of Working People's Deputies are directly accountable both to the Soviet of Working People's Deputies that elected them and to the executive body of the next higher Soviet of Working People's Deputies.
Chapter IX
Court and Procurator's Office
Article 102. Justice in the USSR is administered by the Supreme Court of the USSR, the Supreme Courts of the union republics, the krai and oblast courts, the courts of the autonomous republics and autonomous oblasts, the okrug courts, the special courts of the USSR established by decision of the Supreme Soviet of the USSR, and the people's courts.
Article 103. Cases in all courts are heard with the participation of people's assessors, except in cases specially provided for by law.
Article 104. The Supreme Court of the USSR is the highest judicial body. The Supreme Court of the USSR is charged with supervision over the judicial activity of all judicial bodies of the USSR and the union republics.
Article 105. The Supreme Court of the USSR and the special courts of the USSR are elected by the Supreme Soviet of the USSR 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 krai and oblast courts, the courts of the autonomous oblasts, and the okrug courts are elected by the krai, oblast or okrug Soviets of Working People's Deputies or by the Soviets of Working People's Deputies of the autonomous oblasts for a term of five years.
Article 109. The 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. Court proceedings are conducted in the language of the union or autonomous republic or autonomous oblast, with provision for persons who do not know that language to become fully acquainted with the case materials through an interpreter, and also the right to speak in court in their native language.
Article 111. The hearing of cases in all courts of the USSR is open, unless exceptions are provided for by law, with provision for the accused's right to defense.
Article 112. Judges are independent and subject only to the law.
Article 113. Supreme supervision over the precise execution of the laws by all People's Commissariats and the institutions subordinate to them, as well as by individual officials, and also by citizens of the USSR, is vested in the Procurator of the USSR.
Article 114. The Procurator of the USSR is appointed by the Supreme Soviet of the USSR for a term of seven years.
Article 115. The republican, krai and oblast procurators, as well as the procurators of the autonomous republics and autonomous oblasts, are appointed by the Procurator of the USSR for a term of five years.
Article 116. The okrug, district and city procurators are appointed by the procurators of the union republics, subject to confirmation by the Procurator of the USSR, for a term of five years.
Article 117. The bodies of the Procurator's Office perform their functions independently of any local bodies whatsoever, being subordinate only to the Procurator of the USSR.
Chapter X
Fundamental Rights and Duties of Citizens
Article 118. Citizens of the USSR have the right to work, that is, the right to receive guaranteed employment with payment for their labor in accordance with its quantity and quality.
The right to work is ensured by the socialist organization of the national economy, the steady growth of the productive forces of Soviet society, the elimination of the possibility of economic crises and the abolition of unemployment.
Article 119. Citizens of the USSR have the right to rest and leisure.
The right to rest and leisure is ensured by the reduction of the working day for the vast majority of workers to 7 hours, the establishment of annual vacations for workers and employees with retention of wages, and the provision for the service of working people of a broad network of sanatoria, rest homes and clubs.
Article 120. Citizens of the USSR have the right to material security in old age, and also in the event of illness and loss of working capacity.
This right is ensured by the broad development of social insurance for workers and employees at the expense of the state, free medical assistance for working people, and the provision for the use of working people of a broad network of health resorts.
Article 121. Citizens of the USSR have the right to education.
This right is ensured by universal compulsory primary education, free education, including higher education, a system of state scholarships for the vast majority of students in higher education, instruction in schools in the native language, and the organization at factories, state farms, machine and tractor stations and collective farms of free industrial, technical and agronomic training for working people.
Article 122. Women in the USSR are granted equal rights with men in all areas of economic, state, cultural and socio-political life.
The possibility of exercising these rights of women is ensured by granting women equal rights with men to work, remuneration, rest, social insurance and education, by state protection of the interests of mother and child, by granting women leave during pregnancy with retention of maintenance, and by a broad network of maternity homes, children's nurseries and kindergartens.
Article 123. The equality of rights of citizens of the USSR, irrespective of their nationality and race, in all areas of economic, state, cultural and socio-political life is an inviolable law.
Any direct or indirect restriction of rights or, conversely, the establishment of direct or indirect advantages for citizens depending on their racial and national affiliation, as well as any preaching of racial or national exclusiveness, or hatred and contempt — are punishable by law.
Article 124. In order to ensure citizens' freedom of conscience, the church in the USSR is separated from the state and the school from the church. Freedom to perform religious rites and freedom of anti-religious propaganda is recognized for all citizens.
Article 125. In accordance with the interests of the working people and for the purpose of strengthening the socialist system, the citizens of the USSR are guaranteed by law:
a) freedom of speech,
b) freedom of the press,
c) freedom of assembly and meetings,
d) freedom of street processions and demonstrations.
These rights of citizens are ensured by providing the working people and their organizations with printing houses, supplies of paper, public buildings, streets, means of communication and other material conditions necessary for their exercise.
Article 126. In accordance with the interests of the working people and for the purpose of developing the organizational initiative and political activity of the masses of the people, the citizens of the USSR are ensured the right to unite in public organizations: trade unions, cooperative associations, youth organizations, sports and defense organizations, cultural, technical and scientific societies, and the most active and conscious citizens from the ranks of the working class and other strata of the working people unite in the All-Union Communist Party (Bolsheviks), which is the vanguard of the working people in their struggle for the strengthening and development of the socialist system and represents the leading core of all organizations of the working people, both public and state.
Article 127. The citizens of the USSR are ensured inviolability of the person. No one may be subjected to arrest otherwise than by a decision of a court or with the sanction of a procurator.
Article 128. The inviolability of the home of citizens and the secrecy of correspondence are protected by law.
Article 129. The USSR grants the right of asylum to foreign citizens persecuted for defending the interests of the working people, or for scientific activity, or for the national-liberation struggle.
Article 130. Every citizen of the USSR is obliged to observe the Constitution of the Union of Soviet Socialist Republics, to fulfill the laws, to maintain labor discipline, to deal honestly with public duty, and to respect the rules of socialist community life.
Article 131. Every citizen of the USSR is obliged to safeguard and strengthen public, socialist property as the sacred and inviolable foundation of the Soviet system, as the source of the wealth and might of the homeland, as the source of a prosperous and cultured life for all the working people.
Persons who encroach on public, socialist property are enemies of the people.
Article 132. Universal military service is a law.
Military service in the Workers' and Peasants' Red Army is an honorable duty of the citizens of the USSR.
Article 133. Defense of the Fatherland is the sacred duty of every citizen of the USSR. Treason to the homeland: violation of the oath, going over to the side of the enemy, inflicting damage on the military might of the state, espionage — are punishable with the full severity of the law, as the most grievous villainy.
Chapter XI
The Electoral System
Article 134. Elections of deputies to all Soviets of Working People's Deputies: the Supreme Soviet of the USSR, the Supreme Soviets of the union republics, the krai and oblast Soviets of Working People's Deputies, the Supreme Soviets of the autonomous republics, the Soviets of Working People's Deputies of the autonomous oblasts, the okrug, district, city and rural (stanitsa, village, hamlet, kishlak, aul) Soviets of Working People's Deputies — are conducted by the electors on the basis of universal, equal and direct suffrage by secret ballot.
Article 135. Elections of deputies are universal: all citizens of the USSR who have reached the age of 18, irrespective of race and nationality, religion, educational qualification, residence, social origin, property status and past activity, have the right to participate in the elections of deputies and to be elected, with the exception of the insane and persons convicted by a court with deprivation of electoral rights.
Article 136. Elections of deputies are equal: each citizen has one vote; all citizens participate in the elections on an equal basis.
Article 137. Women enjoy the right to elect and to be elected on an equal footing with men.
Article 138. Citizens who are in the ranks of the Red Army enjoy the right to elect and to be elected on an equal footing with all citizens.
Article 139. Elections of deputies are direct: elections to all Soviets of Working People's Deputies, from the rural and city Soviet of Working People's Deputies up to the Supreme Soviet of the USSR, are conducted by citizens directly by means of direct elections.
Article 140. Voting in the elections of deputies is secret.
Article 141. Candidates in the elections are nominated by electoral districts.
The right to nominate candidates is ensured for public organizations and societies of the working people: communist party organizations, trade unions, cooperatives, youth organizations, cultural societies.
Article 142. Every deputy is obliged to report to the electors on his work and on the work of the Soviet of Working People's Deputies and may be recalled at any time by decision of the majority of the electors in the manner established by law.
Chapter XII
Emblem, Flag, Capital
Article 143. The state emblem of the Union of Soviet Socialist Republics consists of a sickle and hammer on a globe, depicted in the rays of the sun and framed by ears of grain, with the inscription in the languages of the union republics: "Workers of all countries, unite!" At the top of the emblem there is a five-pointed star.
Article 144. The state flag of the Union of Soviet Socialist Republics consists of a red banner, with an image in its upper corner by the staff of a golden sickle and hammer and above them a red five-pointed star framed by a golden border. The ratio of width to length is 1:2.
Article 145. The capital of the Union of Soviet Socialist Republics is the city of Moscow.
Chapter XIII
Procedure for Amending the Constitution
Article 146. Amendments to the USSR Constitution shall be made only by a decision of the Supreme Soviet of the USSR adopted by a majority of not less than 2/3 of the votes in each of its chambers.
Presidium of the Extraordinary VIII Congress of Soviets of the Union of Soviet Socialist Republics
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N. AITAKOV I. AKULOV A. ANDREYEV Yu. AKHUN-BABAYEV V. BLUKHER S. BUDYONNY K. VOROSHILOV N. YEZHOV A. ZHDANOV L. KAGANOVICH M. KALININ A. KISELEV S. KOSIOR M. LITVINOV P. LYUBCHENKO |
A. MIKOYAN V. MOLOTOV G. MUSABEKOV G. ORDZHONIKIDZE G. PETROVSKY P. POSTYSHEV A. RAKHIMBAYEV Ya. RUDZUTAK I. STALIN D. SULIMOV N. KHRUSHCHEV A. CHERVYAKOV V. CHUBAR N. SHVERNIK R. EIKHE |
Moscow, Kremlin,
December 5, 1936.