Chapter 7. Basic rights, freedoms and obligations of citizens of the USSR

Article 39.

Citizens of the USSR have the fullness of socio-economic, political and personal rights and freedoms, proclaimed and guaranteed by the Constitution of the USSR and Soviet laws. The socialist system ensures empowerment of rights and freedoms, continuous improvement of the living conditions of citizens as the programs of socio-economic and cultural development.

The use of citizens and freedoms should not cause damage to the interests of society and the state, the rights of other citizens.

Article 40.

Citizens of the USSR are entitled to work, - that is, to receive guaranteed work with pay for labor in accordance with its number and quality and not lower than the minimum size established by the state, - including the right to choose a profession, the kind of classes and work in accordance with the vocation, abilities, vocational training, education and taking into account social needs.

This right is provided by a socialist system of household, steady growth of productive forces, free vocational training, an increase in labor skills and education for new specialties, the development of professional orientation and employment systems.

Article 41.

Citizens of the USSR have the right to rest.

This right is ensured by the establishment for workers and employees of the Working Week, not exceeding 41 hours, a reduced working day for a number of professions and industries, reduced work hours at night; provision of annual paid vacations, weekly holidays, as well as the expansion of a network of cultural and educational and wellness institutions, the development of mass sports, physical culture and tourism; creating favorable opportunities for rest at the place of residence and other conditions for rational use of free time.

The duration of working time and recreation of collective farmers is regulated by collective farms.

Article 42.

Citizens of the USSR are entitled to health.

This right is ensured by free qualified medical care provided by state health care facilities; expansion of a network of institutions for the treatment and promotion of health of citizens; development and improvement of safety and production sanitation; conducting broad preventive measures; Measures to improve the environment; special concern for the health of the younger generation, including the prohibition of child labor, not related to training and labor education; The deployment of scientific research aimed at preventing and reducing incidence, to ensure the long-term active life of citizens.

Article 43.

Citizens of the USSR are entitled to material support in old age, in case of illness, complete or partial disability, as well as the loss of the breadwinner.

This right is guaranteed by social insurance of workers, employees and collective farmers, temporary disability benefits; paying at the expense of the state and collective farms of pensions by age, disability and on the occasion of the loss of the breadwinner; employment of citizens partly lost disability; concern for the elderly citizens and disabled people; Other social welfare forms.

Article 44.

Citizens of the USSR have the right to housing.

This right is ensured by the development and protection of the state and social housing stock, to promoting cooperative and individual housing construction, a fair distribution under public control of the living area, provided as the construction of the construction of well-maintained housing, as well as a low-cost apartment and utilities. Citizens of the USSR should take care of the dwelling provided by him.

Article 45.

Citizens of the USSR are entitled to education.

This right is ensured by the library of all types of education, the implementation of universal mandatory secondary education of young people, the wide development of vocational, secondary special and higher education based on communication with life, with production; development of absentee and evening education; providing state scholarships and benefits to students and students, free issuing school textbooks; the possibility of learning at school in their native language; creating conditions for self-education.

Article 46.

Citizens of the USSR are entitled to use the achievements of culture.

This right is ensured by the publicly available values \u200b\u200bof the domestic and world culture that are in state and public funds; development and uniform accommodation of cultural and educational institutions in the country; development of television and radio, book publishing and periodic printing, network of free libraries; The expansion of cultural exchange with foreign states.

Article 47.

Citizens of the USSR in accordance with the goals of communist construction are guaranteed freedom of scientific, technical and artistic creativity. It is provided by the wide deployment of scientific research, inventive and rationalization activities, the development of literature and art. The state creates the material conditions necessary for this, provides support for voluntary societies and creative unions, organizes the introduction of inventions and rationalizing proposals to the national economy and other areas of life.

• Public interpretation of the Constitution of the Russian Federation

Article 48.

Citizens of the USSR have the right to participate in the management of public and public affairs, in the discussion and adoption of laws and solutions of national and local importance.

This right is ensured by the ability to elect and be elected to the Councils of People's Deputies and other elected government agencies, to participate in nationwide discussions and votes, in folk control, in the work of state bodies, public organizations and bodies of public amateur, in collections of labor collectives and at the place of residence .

Article 49.

Every USSR citizen has the right to contribute to government agencies and public organizations to improve their activities, criticize the shortcomings in the work.

Officials are obliged to consider suggestions and statements of citizens on time, give answers to them and take the necessary measures.

Pursuit for criticism is prohibited. Persons pursuing criticism are responsible.

Article 50.

In accordance with the interests of the people and in order to strengthen and develop the socialist system, citizens of the USSR are guaranteed by freedoms: words, seals, meetings, rallies, street processions and demonstrations.

The implementation of these political freedoms is provided by the provision of workers and their organizations of public buildings, streets and squares, widespread information, the possibility of using printing, television and radio.

Article 51.

Citizens of the USSR have the right to unite into political parties, public organizations, participate in mass movements that contribute to the development of political activity and amateur activities, satisfying their diverse interests.

Public organizations are guaranteed the conditions for the successful implementation of their statutory tasks.

Article 52.

Citizens of the USSR are guaranteed freedom of conscience, that is, the right to confess any religion or not confess any, send religious cults or lead atheistic propaganda. The excitement of hostility and hatred in connection with religious beliefs is prohibited.

The church in the USSR is separated from the state and the school - from the Church.

Article 53.

The family is under the protection of the state.

Marriage is based on the voluntary consent of a woman and a man; Spouses are completely equal in family relationships.

The state takes care of the family by creating and developing a wide network of children's institutions, organizing and improving the service of life and catering, payments for the birth of a child, providing benefits and benefits to large families, as well as other types of benefits and family assistance.

Article 54.

Citizens of the USSR guarantees inviolability of personality. No one can be arrested otherwise as on the basis of a court decision or with the sanction of the prosecutor.

Article 55.

Citizens of the USSR guarantees the inviolability of housing. No one has the right without a legitimate foundation to enter the dwelling against the will of those living in it.

Article 56.

Personal life of citizens, the mystery of correspondence, telephone conversations and telegraph messages are protected by law.

Article 57.

Respect for the personality, protection of the rights and freedoms of citizens - the obligation of all state bodies, public organizations and officials.

Citizens of the USSR have the right to judicial protection against encroachments on honor and dignity, life and health, personal freedom and property.

Article 58.

Citizens of the USSR have the right to appeal against the actions of officials, state and public bodies. Complaints should be considered in the manner and within the deadlines established by law.

The actions of officials committed with violation of the law, with the excess of authority, infringement of citizens' rights, may be appealed to the court in the court established by law.

Citizens of the USSR are entitled to compensation for damage caused by illegal actions of state and public organizations, as well as officials in the performance of their duties.

Article 59.

Implementation of rights and freedoms is inseparable from the execution by the citizen of their duties.

The USSR citizen is obliged to comply with the Constitution of the USSR and Soviet laws, respect the rules of the socialist hostel, with the advantage of carrying a high title of citizen of the USSR.

Article 60.

The obligation and the matter of honor of each citizen of the USSR citizen is a conscientious work in chosen by the field of socially useful activities, observance of labor discipline. Evasion from socially useful work is incompatible with the principles of socialist society.

Article 61.

The USSR citizen is obliged to preserve and strengthen socialist property. The debt of the USSR citizen is to fight the embezzlement and wastefulness of state and public property, carefully refer to popular good.

Persons encroaching on socialist property are punishable by law.

Article 62.

The USSR citizen is obliged to protect the interests of the Soviet state, to promote the strengthening of its power and authority.

The protection of the socialist Fatherland is the sacred debt of every citizen of the USSR.

Treason is homeland - the greatest crime before the people.

Article 63.

Military service in the ranks of the Armed Forces of the USSR - the Honorary Responsibility of Soviet Citizens.

Article 64.

The debt of every citizen of the USSR is to respect the national dignity of other citizens, to strengthen the friendship of nations and the nationalities of the Soviet multinational state.

Article 65.

The USSR citizen is obliged to respect the rights and legitimate interests of others, to be irreconcilable to antisocial actions, to fully facilitate the protection of public order.

Article 66.

Citizens of the USSR are obliged to take care of the raising of children, prepare them for socially useful work, to raise worthy members of the socialist society. Children are obliged to take care of parents and assist them.

Article 67.

Citizens of the USSR are obliged to take care of nature, guarding her wealth.

Article 68.

Caring for the preservation of historical monuments and other cultural values \u200b\u200b- the debt and obligation of citizens of the USSR.

Article 69.

The international duty of a USSR citizen is to promote the development of friendship and cooperation with the peoples of other countries, maintaining and strengthening the universal world.

Chapter 2: State and Personality

"The State and Personality" is the second section of the Constitution of 1977. It includes two chapters: "USSR citizenship. Equality of citizens "and" Basic rights, freedoms and obligations of citizens of the USSR ". The Constitution of 1936 was attended by the Tenth Head of the Basic Rights and Responsibilities of Citizens. In this regard, in my opinion, the 1977 Constitution is more consistent - the location of the section and the state and personality is in second place, and not on the tenth.

The 1936 Constitution establishes that citizens of the USSR:

· Have the right to work, that is, the right to receive guaranteed work with relevant payment;

· Have the right to rest, that is, the reduction in the working day for the overwhelming majority of workers to 7 hours, the establishment of annual vacations workers and employees with salary preservation, providing for servicing workers with a wide network of sanatoriums, holiday homes, clubs;

· Are entitled to material support in old age or in case of illness and disability;

· Have the right to education;

· Regardless of gender, nationality or races have equal rights in all areas of economic, state, cultural and socio-political life;

· Have freedom of conscience and shipment of religious cults, or antireligious propaganda;

· Have freedom of speech, press, meetings and rallies, street processions and demonstrations;

· Have the right to associate in public organizations (professional unions, cooperative associations, the organization of young people, sports and defense organizations, cultural, technical and scientific societies);

· Have the right to integrity of personality, dwellings, as well as the secrets of the correspondence of cleanyakov O.I. Readings on the history of the domestic state and rights / cleaning O.I. - M.: Zerzalo, 1997. - Constitution (basic law) of the Union of Soviet Socialist Republics as amended on December 5, 1936, from 242-244 ..

The USSR provided asylum authorities to foreign citizens pursued by protecting the interests of workers, or scientific activities, or national liberation struggle.

Each USSR citizen was obliged to comply with the Constitution of the Union of Soviet Socialist Republics, to fulfill the laws, observe the discipline of labor, honestly to public debt, respect the rules of the socialist dormitories, to protect and strengthen public, socialist property, protect the fatherland and carry military duty.

The 1936 Constitution provides the USSR citizens a full range of liberal, democratic rights. She respects and protects the interests of the individual, but also establishes the duties of each citizen necessary for the common good.

The 1977 Constitution in the sixth chapter said that in the USSR, a single allied citizenship was established, citizens are equal to the law, regardless of the origin, social and property, racial and national affiliation, gender and other circumstances. Equality was provided in all areas of life, as well as in the Constitution of 1936. What that there was no limitation of the rights or the establishment of advantages of citizens for any signs. The incitement of racial or national hostility was punished by law. As in the old constitution, the possibility of providing political asylum to foreigners is allowed. They were also guaranteed rights and freedoms.

In the seventh chapter, the 1977 Constitution largely repeats the rights mentioned in the previous Constitution. But it should be noted that again mentioned:

· The right of citizens to health care, that is, free qualified medical care;

· The right to housing, that is, citizens are provided with a landscaped accommodation;

· The right to use cultural achievements, that is, the publicity of the values \u200b\u200bof the national and world culture;

· The right to participate in the management of public affairs, that is, the ability to elect and be elected to state bodies;

· The right to make proposals to state bodies and public organizations;

· The right to appeal against the actions of officials;

· Guarantee of freedom of scientific, technical and artistic creativity;

· Family protection by the state of Chistyakov O.I. Readings on the history of the domestic state and the rights / cleaning O.I. - M.: ZERZALOV, 1997. - Constitution (main law) of the Union of Soviet Socialist Republics as amended on October 7, 1977, from 454-458 ..

The emergence of new rights is an indicator of the development of society and the state. If some rights were not declared in the previous constitution, then it was not attached to them, or, by virtue of certain circumstances, the state could not ensure their compliance, guarantee them in full.

New responsibilities of citizens:

· Protect the interests of the Soviet state, to promote the strengthening of its authority and power;

· Respect the national dignity of other citizens, to strengthen the friendship of nations and nationalities;

· Respect the rights and legitimate interests of others, to be irreconcilable to antisocial actions, to promote the protection of the order;

· Take care of the upbringing of children, take care of parents;

· Protection nature, historical monuments and other cultural values;

· Promote the development of friendship and cooperation with the peoples of other countries of Chistyakov O.I. Readings on the history of the domestic state and the rights / cleaning O.I. - M.: ZERZALOV, 1997. - Constitution (main law) of the Union of Soviet Socialist Republics as amended on October 7, 1977, from 454-458 ..

The Constitution of the USSR of 1977 has endowed citizens with all the completeness of socio-economic, political and personal rights and freedoms. In addition, the socialist system sought to even expand the rights and freedoms, continuously improving the living conditions of citizens through the implementation of the programs of socio-economic and cultural development.

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Constitution of the USSR 1936 and 1977

"The State and Personality" is the second section of the Constitution of 1977. It includes two chapters: "USSR citizenship. Equality of citizens "and" Basic rights, freedoms and duties of citizens of the USSR "...

The constitutional status of the person in the Russian Federation is the role and place of a person (personality) in the state enshrined in the Constitution. According to Art. 2 of the Constitution of the Russian Federation, a person, his rights and freedoms are a higher value.

This norm is one of the rod norms of the modern constitution .. its meaning (and the main difference between the 1993 Constitution from the preceding Soviet and Russian constitutions) is that the person and the state radically changed the relationship between themselves. From the principle of the man in the name of the state, which prevailing the Soviet era, Russia came to the idea of \u200b\u200b"the state in the name of a person", which expresses the philosophy of the modern Russian constitution. The constitutional status of the individual in the Russian Federation characterize the basic rights and freedoms of a person who are enshrined in the 2 chapter of the Constitution ("human rights and freedoms and a citizen").

The basis of the constitutional status of the individual in the Russian Federation is the basic personal rights of a person.

The very consolidation of personal rights, primarily in relation to the rest of the rights, symbolizes the change in the constitutional status of the person in the Russian Federation. If, in previous constitutions, personal rights have been fixed last, which emphasized their secondary and subordinate role of a person in relation to the state, then in the 1993 Constitution, a person is considered initially as a personality with his own interests and is also a member of the state and citizen of the state.

The Constitution of the Russian Federation establishes such fundamental personal rights as:

• the right to live;
• the right to dignity;
• right to freedom and personal integrity; inviolability of housing; inviolability of privacy;
• freedom of telephone, telegraph, postal and other messages; freedom of information;
• freedom to identify nationality and selecting language;
• the right to freedom of movement and the choice of place of stay and place of residence;
• right to leaving Russia and returning back; freedom of conscience and religion; Freedom of thought and words.

Fastening these rights in the Constitution means the following:

• the life of a person in Russia is the main value; All forms of deprivation of a man of life are illegal and subject to legal responsibility (the murder is the greatest crime, euthanasia (killing the patient's doctors at his request) is prohibited, etc.); The only way of legitimate deprivation of a human life is the death penalty for the court sentence; Currently, the death penalty is not given and the state is committed to its complete cancellation;
• the dignity of a person is inviolable, the cruel, inhuman, degrading treatment and punishment, including torture and forced medical experiments on people;
• restriction of human freedom is unacceptable, except for cases, strictly regulated in law (for example, under law enforcement);
• it is forbidden to interfere with the private life of a person, collecting information about it without his consent, audiovisual observation of the housing or means of communication (except for the cases provided for by law);
• everyone has the right to mix freely and choose a place of residence, permits is canceled;
• everyone has the right to define its nationality or not to determine any, choose the language of communication;
• each has the right to confess any religion or not to confess religion at all, freely think and speak.

Data (personal) rights form the basis of the constitutional status of a person in the Russian Federation.

Fully constitutional law status of a person in Russia make up the following elements:

• the norms of the Constitution, which declare a person with the highest value, and recognition, compliance with and protecting his rights and freedoms - the main responsibility of the state;
• personal rights and freedoms of man;
• political, economic, social and cultural rights in the field of justice;
• responsibilities of a person and a citizen;
• citizenship;
• legal capacity and legal capacity (legal personality);
• legal liability;
• the basic principles of the law of law. Legal status of man can also be:
• general (established constitutions is obligatory for all);
• special (reflects the position of certain categories of citizens - pensioners, military personnel, etc.);
• individual (characterizes a separate human person - gender, age, marital status, etc.).

The 1977 Constitution, unlike the previous, consists of large sections on the basics of the public system and the Policy of the USSR, the problem of the relationship between the state and personality, the national state structure of the country.

The former constitutions characterized the Soviet state as the state of workers and peasants. The main Law of 1977 includes the intelligentsia in this formula. Thus, the social base of the Soviet state is expanding. Of course, the will of the Soviet intelligentsia and before that coincided with the will of workers and peasants. However, characterizing the Soviet state as the state of workers, peasants and intelligentsia.

The head dedicated to the basic rights, freedoms and responsibilities of citizens not only moved to the second section of the Constitution entitled "State and Personality", but also increased almost half of the articles (from 16 to 31). Now the responsibilities of citizens, instead of four articles, was devoted to eleven. At the same time, the edition of the responsibilities of citizens enshrined in the Constitution of 1936 was changed, the duty to comply with the Constitution of the USSR and Soviet laws, respect the rules of the socialist hostel "was supplemented with a duty" with the dignity to carry a high title of a citizen of the USSR "(Art. 59). Duty to protect and strengthen socialist property supplemented "Duty" Citizen of the USSR "to fight with the embezzlement and waste of state and public property, carefully refer to popular goodness." The "enemies of the people" disappeared, this formula was replaced by an indication that "persons encroaching on socialist property are punishable by law" (Article 61). The duty to work was preserved, and "evasion of socially useful work" was recognized as incompatible with the "principles of the socialist state". Relevant articles are some common prohibitions, and not the obligations of citizens as subjects of legal relations with the state. For example, Art. 64 establishes that "the debt of every citizen of the USSR is to respect the national dignity of other citizens, to strengthen the friendship of nations and the nationalities of the Soviet multinational state." If, in accordance with the text of this article, you can assume what types of behavior are prohibited by a citizen, then conclude what actions are needed to fulfill this duty, it is almost impossible. The same can be said about Art. 65, which obliges a citizen to "respect the rights and legitimate interests of others, to be irreconcilable to antisocial actions, to fully promote the protection of public order." The concept of private ownership is also determined as in the Constitution of the USSR of 1936. According to the Constitution of the USSR, 1977 citizens are entitled to personal use of the Earth under Art. 13. In the same article, a reservation is made that "personal property property or in the use of citizens should not serve to extract non-educated income, to the detriment of the interests of society." The clergy received the state's defense in the prohibition plan of hostility and hatred in connection with religious beliefs. All atheistic activities were organized and sent by the ruling communist party, which denied any religion. Art. 35 consolidated equal rights of women and men, as well as providing women with equal opportunities. This guaranteed not only equality in rights, but also the equality is actual. Now men and women had equal rights without seizures. In art. 53 For the first time, the Institute of Marriage and Family will be affected, the question of the equality of men and women in family relations. Art. 56 determined the concept of personal life and the protection of its law, and Art. 57 influenced the duty of all state bodies and officials respect for the personality, protection of rights and freedoms.

In addition, it is provided for the right of citizens to carry out response legal actions for infringement of their rights.

The human right to the free choice of place of residence belongs to the number of basic and should be recognized as natural right. This right is recorded in Article 13 of paragraph 1 of the Universal Declaration of Human Rights and in Article 12 of China 1 of the International Covenant on Civil and Political Rights, which since 1976 entered into force and, therefore, had the status of the law on the territory of the Soviet Union. It would be in vain, however, to look for any Soviet legislative act, which if not guaranteed, then at least declared this right. There was no right to free selection of the place of residence and in the last Constitution of the USSR of October 7, 1977, where even the "right to use cultural achievements" was not forgotten, although this constitution was adopted after the entry into force of the said Covenant and should have been agreed with him. Moreover, there was no mention of this right in previous Soviet constitutions.

It should be noted that all the constitutions proclaimed the right of citizens to free education, and the mandatory military service was determined, the issues of freedom of speech, press, assemblies were considered. Social issues of health care are raised, rest, retirement and others.

The position with human rights in Russia can be traced in Soviet constitutions.

Constitution of the RSFSR 1918Its main foundation (Section I) amounted to the Declaration of the Rights of the Worker and the Operated People of January 13, 1918, adopted by the III All-Russian Congress of Councils of Workers and Soldier deputies 1. It has been legally confirmed by the conquest of workers in the first period of the existence of Soviet power, the basic principles and objectives of the Soviet state were proclaimed, the basics of national policies were formulated and one of the forms of the National-State Device - the Socialist Federation for the first time was prescribed.

Section II once again proclaimed: "The Russian republic is the free socialist society of all workers of Russia." And in the same section, political and civilian personal freedoms are established:

in Article 13 - freedom of conscience, for the implementation of which the church is separated from the state and the school - from the Church, and the freedom of religious propaganda is recognized for all citizens;

article 14 - in order to ensure the real freedom of expression of their opinions into the hands of the working class and the peasant poor, all technical and material means for publishing activities are transmitted. And the state provides free distribution throughout the country of printing publications;

in Article 15 - to ensure that the working hours of meetings, their disposal are transmitted to their disposal to the device with a situation, lighting, heating;

article 16 - in order to ensure that the workers of the real freedom of alliances, the state provides workers and the poorest peasants all assistance, material and other, for their association and organization;

in Article 20 - all political rights, which are provided by the working people of all nations of Russia, the state gives foreigners living in its territory. Moreover, local councils are given the right to provide such foreigners, without any difficult formalities, the rights of Russian citizenship.

Constitution of the USSR 1924In December 1922, the SSR Union arose the need for the adoption of the Union-Union Constitution, which would serve as a legislative basis for the development and strengthening of the Unified Soviet Multiethnic State. It was adopted on January 31, 1924. II Congress of the Councils of the USSR and marked the new step in the development of the country, issuing a voluntary association of republics into a single Soviet state. In the Constitution 1924g. The declaration of rights no longer contained, and only national freedom, equality, unified Union Citizenship were proclaimed from human rights. Along with this, in the Constitution of the USSR 1924. A separate chapter was devoted to the establishment in order to combat political and economic counter-revolution, espionage and banditricism of the unified state political governance (OGPU), which was led by repressions that bore all human rights.

Constitution of the RSFSR 1925it was adopted on May 11, 1925 by the XII All-Russian Congress of Soviets. The new text of the Constitution in a significant part of it is similar to the text of the Constitution of 1918, although it contains certain innovations in the structure and content. According to Article 1, the 1925 Constitution comes from the Declaration of the Worker and the Operated People of January 13, 1918 and from the main principles of the Constitution of 1918, by setting its task to guarantee the dictatorship of the proletariat in order to suppress the bourgeoisie, the destruction of human exploitation by man and the implementation of communism.

The Constitution of 1925 clearly enshrines that all the land, forests, subsoil, water, and the factory and plants, railway, water and air transport and communications make up the "property of the working and peasant state" on the basis defined by the special laws of the SSR and Supreme Union RSFSR authorities (Art. 15).

For the first time, the chapter on the rights and obligations of citizens appeared in Constitution of the USSRprepared by N.I. Bukharin, taking into account the latest achievements of the European and American constitutional law adopted December 5, 1936 On the eve of mass repression 1937-1938. In theoretical terms, it was a serious achievement of Soviet law, and in practical formality, created exclusively in ideological, propaganda purposes to prove the advantage of the Soviet system in the conditions of confrontation of capitalist and socialist systems. In the conditions of decking, creating a network of camp of the Gulag, deportation of peoples, i.e. Daily gross violation of human rights, the emergence of this chapter was blasphemous.

Among the rights proclaimed by the USSR Constitution of 1936 were the following:

The right to work, which was previously proclaimed solely as the labor service of the entire adult population of the country;

Right to rest: Annual holidays were established and serving with salary maintenance;

The right to material support in old age, in case of illness and disability;

The right to education: primary education was considered obligatory, education could only be free, including secondary special and higher;

Equal rights of men and women in all areas of economic, state, cultural and socio-political life;

Equality of the USSR citizens;

Freedom of conscience, for this purpose, the church was separated from the state; Freedom of the departure of religious cults and freedom of anti-religious propaganda was also proclaimed;

Freedom of speech, press, meetings and rallies, street processions and demonstrations;

The right to associate in public organizations;

Inviolability of personality;

The inviolability of the housing of citizens and the secret of correspondence; universal, equal, direct vototive law with a secret ballot;

Asylum right to foreign citizens.

Among duties The Soviet citizen in the USSR Constitution of 1936 were named: compliance with the Constitution, the execution of laws, the observance of the discipline of labor, respect for the rules of the socialist dormitories, the strengthening of public, socialist property, universal military duty. The work was declared the responsibility of each citizen who was capable of him on the principle: "Who does not work, he does not eat"

However, when studying this Constitution strikes the fact that the proclamation of democratic rights and freedoms is rather strange and ridiculously combined with the thesis on the enemies of the people - the category is not a democratic, but totalitarian regime. Therefore, Art. 131, containing words that "persons who encroach on public, socialist property are enemies of the people," crossed out and questioned the democratic nature of the USSR Constitution 1936.

Serious deviations from the Constitution of the USSR in 1936 were followed in 1940, when the decree of the Presidium of the Supreme Soviet of the USSR of June 26, 1940 "On the transition to an eight-hour working day, for the seven-day working week and the prohibition of unauthorized care of workers and employees from enterprises and institutions ":

the working day was increased to eight hours (according to the Constitution of the USSR, 1936, a semi-hour working day was assumed), a working week - up to seven days;

a self-altitude transition from one enterprise to another or from one institution to another was forbidden to another, which deprived the employee of the right to choose from the profession and freedom of labor.

Violence, coercion, repression, which were allowed by the Soviet government as methods of internal politics, planting the authorities of the party dictatorship, were accompanied by mass executions.

Declarativeness, the illusion of the Soviet law was reaffirmed at the end of the 30s, when the inclusion in the Constitution of 1936 of the section on the rights of citizens and personal freedom in practice was accompanied by lawlessness and terror. Already in the 1940s, with the expansion of repressively punitive policies in relation to the dissent, tightening of totalitarian regime, the problem of human rights was actually "closed", and the right was identified with law and legislation.

Constitution of the USSR 1977adopted in October 1977 at the extraordinary session of the Supreme Soviet of the USSR. It was based on the concept of "developed socialism".

The Constitution of the USSR of 1977 was the first and one for the entire Soviet period by the Constitution, which included in a separate section on the rights, freedoms and duties of citizens, standard for developed European countries a set of civil, political, economic, social and cultural rights.

The Constitution of the USSR of 1977 fastened the following rights for the USSR citizens: the equality of all before the law, the equality of the rights of men and women, equality of the rights of citizens of various races and nationalities. Chapter 7 of the Constitution "Basic Rights, Freedom and Duties of the USSR citizens" included: the right to work, the right to choose a profession, the kind of classes and work; right to rest; The right to protect health (this right was new to the Soviet Constitution); The right to material support in old age in case of illness, full or partial disability, as well as the loss of the breadwinner; right to housing; right to education; the right to use cultural achievements; freedom of scientific, technical and artistic creativity (this right was also new to the Constitution); the right to participate in government and public affairs, in the discussion and adoption of laws, solutions of national and local importance; freedom of speech, press, meetings, rallies, street processions and demonstrations; the right to associate in public organizations; freedom of conscience, inviolability of personality; the inviolability of housing (new for the Constitution Law); Mystery of correspondence, telephone conversations.

Along with the state protection of the rights and freedoms of citizens in the Constitution of the USSR, 1977. For the first time for citizens, the right to judicial protection against encroachments on honor and dignity, life and health, personal freedom and property (Article 57) and the right to appeal against officials of officials were enshrined , state and public bodies (Art. 57). Along with this, the USSR Constitution of 1977 also envisaged such a new right of the USSR citizens, as the right "to compensation for damage caused by the illegal actions of state and public organizations, as well as officials in the performance of official duties." The Constitution of the USSR 1977 was first fixed the right to participate in a national discussion and referendum for the USSR citizens.

However, the source of rights remained the state, and not a citizen himself, which was justified by the invariably prevailing positivistic interpretation of law in the political ideology of the Soviet government.

Among the responsibilities of the USSR citizens, the execution of which was inseparable from the realization of rights and freedoms, the Constitution of the USSR of 1977 proclaimed, in particular: conscientious work, observance of labor discipline, the protection of socialist property, military duty, respect for the rules of the socialist hostel, respect for rights and legitimate interests Other persons care for children, international duty, etc.

Constitution of the RSFSR 1978by its structure and content corresponded to the Constitution of the USSR of 1977, although it contained a number of features.

Deep change in public strictly after 1985 in the USSR and Russia, especially after the failure of the August 1991 coup, the collapse of the USSR, could not but affect the content of the Constitution of the RSFSR 1978. She repeatedly and significantly changed.

Amendments 1989-1992.the Constitution gave her new features, in particular, the refusal to the socialist model of social development, the monopoly position of the CPSU in the political system, was recognized as ideological pluralism, the concept of separation of the authorities. The Constitution was incorporated by the Declaration of Human Rights and Freedation and Citizen, adopted on November 22, 1991.

However, despite serious transformation in the theory of law, the Soviet legislation, the rights and freedoms of citizens in the USSR were a declarative character in the context of monopolizing the power of the party bureaucracy.

Lecture 3. Legal status of personality (2 hours)

1. The concept and structure of the legal status of the personality
2. Principles and types of legal status of personality
3. Grounds for limiting the rights and freedoms of the individual