Russia’s Constitution.

Waikato Times, Volume 121, Issue 20278, 21 August 1937, Page 15 (Supplement)

Russia’s Constitution.

Recent Developments :: Equality of the Sexes

(Sir Bernard Pares in International Conciliation.)

UNDER THE NEW RUSSIAN constitution all legislation is by the Supreme Council, and all are responsible to it. The principle adopted for all elections of any kind is not only in substance, but in aotual definition, identical with the famous ‘fourtailed formula’ of Liberal Russia before the Revolution, namely, universal, equal direct and secret suffrage. The ballot is restored. The franchise is defined as “independent of race, creed, educational status, place of dwelling, social origin, property status or past activity." This goes even further than ihe old Liberal formula, and the new additions in the light of all that has happened In the meantime are of the highest significance: In particular, "social origin," so far the root principle of all exclusions, and “past activity," which seems ‘of itself to lndioate the Possibility of a General Amnesty and even of its possible extension to seoK tlons of the Russian emigres. Under the Duma 'law women had no vote, but since the March Revolution and the elections to the Constituent Assembly, their equality in this matter, as in all others, has been assumed. The age for the franchise Is eighteen, and any who have the right to elect, have also the right to be elected. Candidates may be put forward by any legal association of persons—the Communist Party, trade unions, 00-operatives, youth organisations, or cultural societies. It is true that no other party except the Communist Party Is legalised, but obviously those outside it can be elected. Deputies are responsible to their constituents, and can be recalled by them. One notable feature Is the wholesale adoptions of direct election. In 1907. when the first Duma law was mutilated, much resentment was felt at the withdrawal of direct election from many of the chief towns, and Its wholesale Introduction is entirely In aocord with Liberal aims. The new constitution makes the most precise regulations for the regular Blttlng of the National Assembly. Its term of duration Is four years, with two sessions yearly, and in case of its inability to come to agreement on any question. it is prescribed that it should be dissolved and replaced by a new assembly ■within three months. Provision is also made for a general referendum if required. During its vacations its authority is confided to a presidium or permanent commission elected by it and exercising its full authority subjeot to confirmation later. The assembly appoints the Ministers, and, directly or indirectly, all other State officials. It is the sovereign expression of the will of the State. Its members cannot be arrested without the consent of the assembly—a feature inherent in the old Duma law. Each of them has the right to present interpellations to the Government, which must be answered within three days. The State recognises three kinds of property. The major instruments of production belong to the State Itself. The subsidiary Instruments can be the property of collective units, such as collective farms, and also the land which the farms occupy is secured to them in perpetuity. Individual farmers can own a house, allotment, household Instruments of agriculture, cows up to three, pigs and poultry without limit- All earnings of citizens are secured to them as property by the State. The principle of the Middle Man Is Throughout Exoluded. There is provision for the toleration of

individual peasants, but no guarantee 3s given against their excessive taxation. It is definitely laid down that the principle of socialised property is inviolable, and that all attacks on it are criminal, and that all oitizens have the “sacred duty" of defending the “Soviet Fatherland." Very striking are the provisions for Justice. With the exception of the People’s Courts, where the judges are elected locally, all judges are appointed by the national assembly, and their position is defined as “independent and subjeot only to the law.” The law officers of the State in the exe-cu-tion of their duty have authority over all administrative officials. No arrest is to be made without warrant from a law court; and without the same authority there is to be no interference with the dwelling (right of search) or with the correspondence of individuals. In 1905 public bodies of every kind adopted unanimously the demand for what were called the “freedoms"; freedom of conscience, of speech, of Press, of meeting, and of association. This principle 1b adopted in exactly the same terms in the new constitution; and a special note on Freedom of Meeting arranges even for the provision of public buildings for the purpose. . . . Any critic will naturally look for the place assigned In the new constitution to the Communist Party, and It Is here that It Is mentioned as a particular form of association which is regarded as a kind of "vanguard" of public endeavour In all fields of the life of the State. Oth»r associations are, however, in no way excluded; but there is no suggestion throughout the draft of any permission to organise any other political party, and It can probably be taken for granted that any expectation of such a permission will be disappointed. Again, in the provision of freedom of speech, there Is so far no ground for anticipating the permission of criticism of Communist principles, and indeed some official interpretations have asserted that this will not be admitted. The citizens entitled to all these rights are described throughout as ‘workers.’ In the first phase of Communism this might have been taken to Imply “manual workers," but not at present, The peasants are, of course, included In It; and the estimate of the excluded is generally given as about two per cent- which in a population of 175,000,000 implies 3,500,000. a figure close to that which was given some time ago for the numbers of inmates of concentration camps. The declared intention is that this element should be also Brought Within the Pale. Citizens have the right to work, to holiday with pay, to the social services of the State, which inolude among other things free medical attendance, and to free education according to attainment at all stages, Including the university. Finally, it is provided that the constitution should only be changed by a majority or two-thirds in each of the legislative chambers of the national assembly. We have to measure advance In Russia by Russian standards and not by British or American. To those who suggest that the new constitution is no more than a piece of paper, it should be submitted that it would be pointless for the Communist Party to accept such principles unless It Is prepared fo be Judged by them not only by the population of the Soviet Union byt in other countries.