NCJ Number
60952
Journal
University of Pennsylvania Law Review Volume: 127 Issue: 5 Dated: (MAY 1979) Pages: 1350-1437
Date Published
1979
Length
88 pages
Annotation
THE 1977 CONSTITUTION ADOPTED BY THE SOVIET UNION IS SEEN AS A CODIFICATION OF THE CULTURE, TRADITIONS, AND PSYCHOLOGY OF THE SOVIET PEOPLE, AND CONSTITUTIONAL PROVISIONS RELEVANT TO CRIMINAL LAW ARE DISCUSSED.
Abstract
THE 1977 CONSTITUTION DOES NOT PROMULGATE NEW DEVELOPMENTAL POLICIES FOR SOVIET SOCIETY, BUT A DELIBERATE EFFORT WAS MADE TO INVOLVE A CROSS-SECTION OF THE SOVIET POPULATION IN THE LAST STAGES OF DEVELOPMENT. THE CONSTITUTION DOES NOT SIGNIFICANTLY ALTER THE POLITICAL STRUCTURE OF GOVERNMENT AND FAILS TO INVOLVE STATES IN THE CONSTITUTIONAL AMENDMENT PROCESS. DESPITE NUMEROUS SUGGESTIONS BY SOVIET CITIZENS, THE CONSTITUTION DOES NOT EXPAND THE SCOPE OF THE PROCURATOR'S SUPERVISORY JURISDICTION TO INCLUDE STATUTES ENACTED BY REPUBLICS IN THE SOVIET UNION. COSMETIC-TYPE CHANGES HAVE RESULTED FROM THE REVISED CONSTITUTION, AND RELATE TO OFFICIAL DESIGNATIONS OF CERTAIN EXISTING SOVIET INSTITUTIONS, ORGANIZATIONAL AND STRUCTURAL CHANGES IN THE CONSTITUTION ITSELF, INSTITUTIONS OF STATUTORY LAW THAT HAVE BEEN ACCORDED CONSTITUTIONAL RECOGNITION, NEWLY-CREATED INSTITUTIONS, AND PROVISIONS THAT ALTER TERMS AND ELIGIBILITY REQUIREMENTS OF CERTAIN STATE OFFICIALS. THE JURIDICAL NATURE OF SOVIET SOCIALIST CONSTITUTIONS IS ADDRESSED. SPECIFIC PROVISIONS OF THE 1977 CONSTITUTION ARE ANALYZED AS THEY PERTAIN TO THE POLITICAL AND ECONOMIC SYSTEM OF THE SOVIET UNION, SOCIAL DEVELOPMENT AND CULTURE, FOREIGN POLICY AND NATIONAL DEFENSE, EQUAL PROTECTION UNDER THE LAW, THE BILL OF RIGHTS, PROBLEMS ASSOCIATED WITH FEDERALISM, SEPARATION OF POWERS (LEGISLATIVE, EXECUTIVE, AND JUDICIAL AUTHORITY), THE PROCURACY AS AN EMERGING FOURTH BRANCH OF THE SOVIET STATE, THE ELECTORAL SYSTEM, AND CONSTITUTIONAL AMENDMENT PROCEDURES. FOOTNOTES AND CITED CASE LAW ARE INCLUDED. (DEP)