Jonah Patel
The 1977 Constitution of the Soviet Union, also known as the Brezhnev Constitution, was the third and final constitution of the Soviet Union. It was adopted on 7 October 1977 and replaced the 1936 Constitution. The 1977 Constitution extended the scope of constitutional regulation compared to previous constitutions and included 28 more articles. It defined the USSR as a socialist state and established the organisational principles for the state and government, with the Communist Party of the Soviet Union (CPSU) as the guiding force. The Constitution also granted equal rights of citizenship to all citizens and included the official right of republics to secede from the Soviet Union. However, it lacked explicit guarantees of human rights protections and did not bring significant immediate changes to the Soviet system.
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What You'll Learn
The 1977 Constitution was a mixture of fact and fiction
The 1977 Constitution of the Soviet Union, also known as the Brezhnev Constitution, was the third and final constitution of the Soviet Union. It was adopted on 7 October 1977, replacing the 1936 Constitution. The 1977 Constitution was a lengthy and detailed document, comprising twenty-eight more articles than its predecessor.
This constitution was a curious mixture of fact and fiction. On the one hand, it provided an accurate description of the formal government structure of the USSR, including the leading role of the Communist Party of the Soviet Union (CPSU) as outlined in Article Six. It also correctly noted the state's role in providing public health and education services.
However, the 1977 Constitution also contained a set of illusory promises and false statements. For instance, it incorrectly stated that "all bodies of state power are elective from the lowest to the highest," when in reality, all important positions were filled by orders from the Communist Party. It also misleadingly asserted that the Soviet state protected "the rights and freedoms of citizens," despite lacking explicit guarantees of human rights protections and lacking a higher authority to appeal to when rights were violated.
The 1977 Constitution included Article 72, which granted the official right of constituent republics to secede from the Soviet Union. However, Articles 74 and 75 ensured that the laws of the Supreme Soviet would supersede any contradictory legislation, and the Union law regulating secession was not provided until the Soviet Union's final days.
While the 1977 Constitution did not bring about immediate significant changes, it underwent amendments under Mikhail Gorbachev in the 1980s, reflecting and advancing radical changes in the USSR. Gorbachev's leadership saw the swift abolition of restrictions on private businesses and the legalization of private business through constitutional amendments. Additionally, Gorbachev liberalized the Soviet system in the areas of civil rights and human rights, creating a Committee on Constitutional Review to examine legislation for conformity to the constitution.
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It replaced the 1936 Constitution
The 1977 Constitution of the Soviet Union, officially the Constitution of the Union of Soviet Socialist Republics, replaced the 1936 Constitution, also known as the Stalin Constitution. The 1977 Constitution was adopted on 7 October 1977, and it replaced the Soviet public holiday of USSR Constitution Day, shifting it from 5 December to 7 October.
The 1936 Constitution was approved by the Eighth Congress of Soviets and became law on 5 December 1936. This date was considered the "second foundational moment" of the USSR, after the October Revolution in 1917. The Stalin Constitution replaced the 1924 Constitution and was the second constitution of the Soviet Union. It was the longest surviving constitution of the Soviet Union.
The 1936 Constitution redesigned the government of the Soviet Union, expanded rights and freedoms, and spelled out democratic procedures. It also specifically mentioned the role of the ruling All-Union Communist Party for the first time. The 1936 Constitution was used to justify banning all other parties from functioning in the Soviet Union and legalizing a one-party state. Additionally, it changed the names of all Union Republics, the constituent states of the Soviet Union, and granted other ethnic territories the status of autonomous republics and regions.
The 1977 Constitution, also known as the Brezhnev Constitution or the Constitution of Developed Socialism, was the third and final constitution of the Soviet Union. It was adopted unanimously at the 7th (Special) Session of the Ninth Convocation of the Supreme Soviet and signed by Chairman Leonid Brezhnev. The 1977 Constitution extended the scope of constitutional regulation of society compared to the 1936 Constitution. It included twenty-eight more articles and explicitly defined the division of responsibilities between the Central Government in Moscow and the governments of the republics.
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It defined the USSR as a socialist state
The 1977 Constitution of the Soviet Union, also known as the Brezhnev Constitution, defined the USSR as "a socialist state of the whole people, expressing the will and interests of the workers, peasants, and intelligentsia, the working people of all the nations and nationalities of the country". This definition marked a shift from previous constitutions, which had defined the Soviet state as representing the workers and peasants alone.
Article 1 of the 1977 Constitution reiterated the socialist nature of the USSR, stating that it was a “socialist state" and defining the leading role of the Communist Party of the Soviet Union (CPSU). This article established the organisational principles for the state and the government, reflecting the country's commitment to socialism and the role of the CPSU in guiding society and the political system.
The preamble of the 1977 Constitution proclaimed that "the aims of the dictatorship of the proletariat having been fulfilled", the Soviet state had evolved into a state representing all its people. This statement underscored the transition from a class-based state to one that aspired to represent the diverse population of the USSR.
While the 1977 Constitution emphasised the socialist character of the USSR, it also included a mix of factual descriptions and ideological assertions. For example, it accurately described the formal government structure of the USSR, recognising the central role of the Communist Party in Article Six. However, it also made illusory promises about basic human rights and falsely claimed that the Communist Party "exists for the people and serves the people".
The 1977 Constitution, with its definition of the USSR as a socialist state, reflected the country's ideological foundations and set the framework for the organisation of state power and governance. It served as the third and final constitution of the Soviet Union until the country's dissolution in 1991.
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It granted equal citizenship rights
The 1977 Constitution of the Soviet Union, also known as the Brezhnev Constitution, was the third and final constitution of the Soviet Union. It was adopted on 7 October 1977, replacing the 1936 Constitution. The 1977 Constitution extended the scope of constitutional regulation of society compared to previous constitutions.
One of the key features of the 1977 Constitution was its focus on equal citizenship rights. It granted equal rights of citizenship to naturalized citizens as well as native-born citizens. This meant that all citizens, regardless of their origin, were entitled to the same rights and protections under the law. The Constitution also specified that citizens could not freely renounce their citizenship. Instead, they were required to apply for permission from the Presidium of the Supreme Soviet, which could reject their application based on certain criteria, such as incomplete military service or family dependencies.
However, it is important to note that the 1977 Constitution lacked explicit guarantees protecting the rights of the people. The Supreme Soviet never introduced amendments specifically designed to protect human rights, and there was no higher authority within the government to appeal to when rights were violated. This meant that despite the promise of equal citizenship rights, the protection of those rights remained a challenge.
While the 1977 Constitution did not bring significant immediate changes, it set the foundation for future reforms. Under the leadership of Mikhail Gorbachev in the 1980s, radical changes occurred in the USSR, and the Constitution was amended to advance these reforms. Gorbachev's amendments greatly liberalized the Soviet system, addressing issues such as secret legislation and restrictions on freedom of movement.
The 1977 Constitution's focus on equal citizenship rights was a significant step towards ensuring that all citizens of the Soviet Union were treated equally under the law. However, the lack of protective mechanisms for human rights highlighted the challenges and limitations of the Constitution.
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It lacked explicit guarantees of human rights
The 1977 Constitution of the Soviet Union, officially the Constitution of the Union of Soviet Socialist Republics, was adopted on 7 October 1977. It was the third and final constitution of the Soviet Union, replacing the 1936 Constitution. This constitution extended the scope of constitutional regulation of society compared to the 1924 and 1936 constitutions, with twenty-eight more articles than the 1936 version.
However, despite including a series of civil and political rights, the 1977 Constitution lacked explicit guarantees of human rights protections. It failed to provide political and judicial mechanisms for the protection of rights, and the Supreme Soviet never introduced amendments specifically designed to protect human rights. Citizens had no higher authority within the government to appeal to when their rights were violated. There was no constitutional court with the power to ensure that constitutional rights were observed by legislation or respected by the rest of the government.
The Constitution included Articles 74 and 75, which stated that when a Soviet constituency introduced laws that contradicted the Supreme Soviet, the laws of the Supreme Soviet would supersede any legal difference. This meant that the Union law, which regulated the secession of republics from the Soviet Union, was not provided until the last days of the Soviet Union.
The Soviet Union had signed the Helsinki Accords, mandating that internationally recognized human rights be respected in the signatory countries. However, it was not until the late 1980s that realigning constitutional and domestic law with international commitments on human rights was publicly debated.
While the 1977 Constitution included rights such as freedom of speech, this was limited as it did not include the right to disagree publicly with the policies of the Communist Party. The right to freedom of expression in Article 52 could be suspended if its exercise failed to accord with Party policies. The Constitution also included limitations on political rights, such as Article 6, which eliminated partisan opposition and division within the government by granting the Communist Party of the Soviet Union (CPSU) the power to lead and guide society.
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Frequently asked questions
It was also known as the Brezhnev Constitution, named after Leonid Brezhnev, who was the Chairman of the Presidium at the time.
The preamble stated that "the aims of the dictatorship of the proletariat having been fulfilled, the Soviet state has become the state of the whole people", marking a shift from representing only the workers and peasants.
The 1977 Constitution granted equal rights of citizenship to naturalized citizens and native-born citizens. It also specified that citizens could not freely renounce their citizenship and had to apply for permission from the Presidium of the Supreme Soviet.
The 1977 Constitution extended the scope of constitutional regulation of society compared to the 1924 and 1936 constitutions. It included twenty-eight more articles than the 1936 Constitution and explicitly defined the division of responsibilities between the Central Government in Moscow and the governments of the republics.
No, the 1977 Constitution lacked explicit guarantees of human rights protections. There was no higher authority within the government to appeal to when rights were violated, and no constitutional court to ensure that constitutional rights were observed.
