Malcolm Rivera
The 1936 Constitution of the Soviet Union, also known as the Stalin Constitution, was adopted on December 5, 1936, and replaced the 1924 Constitution. This constitution was written by a 31-member special commission chaired by Joseph Stalin and included figures such as Andrey Vyshinsky, Andrei Zhdanov, and Vyacheslav Molotov. It was the longest-surviving constitution of the Soviet Union and served as a model for many Eastern Bloc countries. The constitution enumerated various rights and freedoms, including social and economic rights, and democratic procedures. However, there is debate about the extent to which the Soviet government respected the civil rights guaranteed within it. This paragraph will explore the extent to which the Soviet Union respected the 1936 Constitution in 1955, twenty years after its adoption.
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What You'll Learn
Did the Soviet Union uphold civil rights?
The 1936 Constitution of the Soviet Union, also known as the Stalin Constitution, was adopted on 5 December 1936. This constitution replaced the 1924 Constitution and was the longest-surviving constitution of the Soviet Union. The Stalin Constitution was also the first to specifically mention the role of the ruling All-Union Communist Party (Bolsheviks).
The 1936 Constitution enumerated a wide range of civil rights, including the right to vote, housing, work, education, and care in old age and sickness. It also guaranteed equal rights for women and recognized collective social and economic rights. The constitution provided for the direct election of all government bodies and their reorganization into a single, uniform system.
However, there is a scholarly consensus that the Soviet government failed to respect the civil rights guaranteed in the 1936 Constitution. The constitution was dismissed by many critics as mere propaganda or window dressing intended to woo Western European allies. The Soviet government trampled on the civil rights of its citizens through censorship, persecution because of religion and nationality, and widespread illegal arrests and executions.
Despite the guarantees of equal rights, the 1936 Constitution created a hierarchy of nationalities that gave some groups more privileges than others. Additionally, the rights and freedoms enumerated in the constitution were not upheld in practice, as mass arrests and the use of terror to control the population continued.
In summary, while the 1936 Constitution of the Soviet Union upheld civil rights on paper, in reality, the Soviet government often failed to respect and protect these rights. The constitution's impact on the lives of Soviet citizens was limited, and it did not lead to the realization of the rights and freedoms it proclaimed.
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Did the Soviet Union allow free elections?
The 1936 Constitution of the Soviet Union, also known as the Stalin Constitution, was adopted on 5 December 1936. It was the second constitution of the Soviet Union and replaced the 1924 Constitution. The 1936 Constitution was the longest-surviving constitution of the Soviet Union and served as a model for the constitutions of many Eastern Bloc countries.
The 1936 Constitution guaranteed "universal, equal and direct suffrage by secret ballot" and established new legislative bodies at the all-union, republican, and local levels. It also provided for the direct election of all government bodies and their reorganisation into a single, uniform system. The constitution affirmed the right to nominate candidates to public organisations and societies of the working people, including Communist Party organisations, trade unions, cooperatives, youth organisations, and cultural societies.
However, in practice, the Soviet government did not always respect the civil rights guaranteed in the 1936 Constitution. Between 1936 and 1989, voters could only vote against candidates preselected by the Communist Party by spoiling their ballots or voting against the single candidate on the ballot. Votes for the Communist Party candidates could be cast by submitting a blank ballot. This effectively limited the freedom of voters to choose their representatives.
The first election for the Supreme Soviet was held in 1937, and each district ballot had only one candidate chosen in advance by the Communist Party and government officials. While representatives could theoretically fail to get elected, this did not happen above the lowest levels. The Communist Party held a tight grip on power, and group dissent was extremely rare due to opposition from the authorities.
In conclusion, while the 1936 Constitution of the Soviet Union provided for free and direct elections, the Communist Party's control over the candidate selection process and the lack of genuine choices on the ballot limited the freedom and democratic nature of the electoral process.
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Did the Soviet Union respect the rule of law?
The 1936 Constitution of the Soviet Union, also known as the Stalin Constitution, was adopted on 5 December 1936. This was the second constitution of the Soviet Union, replacing the 1924 Constitution. The Stalin Constitution was the longest-surviving constitution of the Soviet Union and served as a model for the constitutions of many Eastern Bloc countries.
The 1936 Constitution was written by a special commission of 31 members, chaired by General Secretary Joseph Stalin. It was presented as a personal triumph for Stalin and was described by Pravda as the "genius of the new world, the wisest man of the epoch, [and] the great leader of communism". The constitution enumerated a range of rights and freedoms, including the right to vote, housing, care in old age and illness, and the right to work. It also guaranteed equal rights for women and recognised collective social and economic rights, such as the rights to rest and leisure, health protection, education, and cultural benefits.
However, there is significant debate among scholars about the extent to which the Soviet Union respected the rule of law outlined in the 1936 Constitution. On the one hand, the constitution was amended in 1944 to allow the Soviet Union's constituent republics to be recognised as sovereign states in international law, which led to the Ukrainian SSR and Byelorussian SSR joining the United Nations General Assembly as founding members in 1945. This can be seen as a move towards respecting the rule of law and international legal norms.
On the other hand, critics argue that the Soviet government failed to respect the civil rights guaranteed in the constitution, dismissing it as mere propaganda intended to improve relations with Western European allies. Despite the constitution's guarantees of equal rights, freedom of religion, assembly, and association, the Soviet government engaged in censorship, religious persecution, and widespread illegal arrests and executions. Additionally, the government largely ignored the opinions and proposed changes gathered during the nationwide discussions of the draft constitution, indicating a disregard for the rule of law and the input of its citizens.
In conclusion, while the 1936 Constitution of the Soviet Union outlined a comprehensive set of rights and freedoms, the Soviet government's failure to uphold these rights raises questions about their commitment to the rule of law. The constitution's impact was complex and multifaceted, and its implementation was influenced by political motivations and the repressive political climate of the time.
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Did the Soviet Union uphold the rights of women?
The 1936 Constitution of the Soviet Union, also known as the Stalin Constitution, was adopted on 5 December 1936. It was the second constitution of the Soviet Union and replaced the 1924 Constitution. The 1936 Constitution was the longest surviving constitution of the Soviet Union, and it spelled out a number of democratic procedures.
The 1936 Constitution guaranteed equal rights for women in all spheres of economic, state, cultural, social, and political life. It also provided for the direct election of all government bodies and their reorganization into a single, uniform system. The Constitution further recognised collective social and economic rights, including the rights to work, rest, leisure, health protection, care in old age and sickness, housing, education, and cultural benefits.
In practice, however, the situation was more complex. While women in the Soviet Union gained many rights under Socialism, including suffrage, legal protection from marital rape, and generous maternity leave, they still faced significant challenges. The Soviet Union under Stalin took a conservative turn regarding women's issues, and policies became focused on "motherhood". Abortion was banned in 1936, with criminal penalties for those who violated the ban, and it was only legalized again in 1955. The Soviet government also engaged in censorship, persecution based on religion and nationality, and widespread illegal arrests and executions, which likely affected women as much as men.
Furthermore, despite the constitutional guarantees, women in the Soviet Union still faced societal barriers and sexist attitudes. While many women held jobs and advanced degrees, they were often expected to also be homemakers and perform the majority of domestic work. Women were largely excluded from core political and economic leadership roles, and men in leadership positions often did not take women seriously or include them in discussions.
In conclusion, while the 1936 Constitution of the Soviet Union upheld the rights of women on paper, the reality was more nuanced. Women in the Soviet Union gained important rights and protections, but they also faced societal barriers, political and economic exclusion, and repressive policies that limited their autonomy and freedom of choice.
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Did the Soviet Union respect the rights of ethnic minorities?
The 1936 Constitution of the Soviet Union, also known as the Stalin Constitution, was adopted on 5 December 1936. It was the second constitution of the Soviet Union and replaced the 1924 Constitution. The 1936 Constitution was the longest-surviving constitution of the Soviet Union and formed the basis for the constitutions of many Eastern Bloc countries.
The 1936 Constitution enumerated a host of rights and freedoms, including the right to work, rest, leisure, health protection, care in old age and sickness, housing, education, and cultural benefits. It also provided for the direct election of all government bodies and their reorganisation into a single, uniform system. Notably, the Constitution guaranteed equal rights for women and ethnic minorities. Article 34 states that citizens of the USSR are equal before the law, without distinction of "origin, social or property status, race or nationality, sex, education, language, attitude to religion, type and nature of occupation, domicile, or other status". The Constitution also provided for the use of native languages and the languages of other peoples in the USSR.
However, in practice, the Soviet Union had a mixed record when it came to respecting the rights of ethnic minorities. While the Constitution guaranteed equal rights, the Soviet government often trampled on these rights through censorship, persecution because of religion and nationality, and widespread illegal arrests and executions. Certain ethnic groups were designated as "enemies of the people" and were subjected to marginalisation, assimilation, and deportation. For example, the Soviet invasion of Poland in 1939 led to the repression of Polish institutions and incited violence against Poles, with the NKVD's "Polish operation" being labelled as "a mini-genocide" by some historians. Similarly, the Korean, Crimean Tatar, and Meskhetian Turk communities were not granted the right of return after World War II and were forced to remain in Central Asia.
The Soviet Union also implemented affirmative action policies, known as "nationalities policies," which were designed to include ethnic minorities in state institutions and provide opportunities for some minority individuals. However, these policies did not afford minorities self-governance and were used to maintain a centralised authoritarian state. The "ethnic party cadres," a group of leaders employed within the state administration, could only stay in power by serving the interests of the state, thus extending the institutions of authoritarian rule.
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Frequently asked questions
The 1936 Constitution of the Soviet Union, also known as the Stalin Constitution, was the second constitution of the Soviet Union, replacing the 1924 Constitution. It was adopted on 5 December 1936.
The 1936 Constitution granted citizens various rights, including the right to vote from the age of 18, housing, care in old age and illness, and the right to work. It also guaranteed equal rights for women and freedom of religion, assembly, and association.
Critics argued that the Soviet government failed to respect the civil rights guaranteed in the 1936 Constitution, with mass arrests and the use of terror to control the population. The constitution was also criticised for being propaganda to woo Western European allies.
The 1936 Constitution was amended in 1944 to allow the Soviet Union's constituent republics to be recognised as sovereign states in international law. This led to the Ukrainian SSR and Byelorussian SSR joining the United Nations General Assembly as founding members in 1945.
While the 1936 Constitution remained in force in 1955, there is evidence that the Soviet Union did not fully respect its provisions. The Soviet government was known to violate citizens' civil rights through censorship, religious persecution, and illegal arrests, contrary to the guarantees of freedom and equality enshrined in the Constitution.
