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John N. Hazard
MANAGING
CHANGE
IN THE USSR
The politico-legal role
of the Soviet jurist
How are the policy-makers of the Soviet Union
coping with the impact of social and economic
change ? And what is the role of the law, its
draftsmen and its practitioners, in the public
interpretation and enforcement of the will of
the Soviet leadership ?
In this book, based on the Arthur Goodhart
Lectures, 1982, John Hazard brings a lifetime’s
experience of the institutions of Soviet law to
bear on these questions. Interpreting the
practice of Soviet law across the entire range
of its functions - from the drafting of
constitutions and the enforcement of economic
policy to the suppression of religion and the
control of family life - Professor Hazard picks
out two main themes. He emphasises the role
of law in the continued effort of policy-makers
in the Soviet Communist Party to shape
society according to the ideological dictates of
Party policy and to mould a new ‘Soviet man’.
Secondly he explores the growing importance
of legal draftsmen in the formation of
political and ideological policy, as the
established generation of ‘generalist’
administrators faces increasing challenges to
its authority from a growing technocratic and
scientific community.
Throughout, the development of the law in
the Soviet Union is compared and contrasted
with Western experience in a manner easily
comprehensible to the layman. Written in a
relaxed and readable manner, this book will
be of interest to a wide audience among both
students of law and scholars interested in
Soviet society.
Managing Change in the U.S.S.R.
The politico-legal role of the Soviet jurist
f' I, ( aju) ^ ci. j
JOHN N. HAZARD
Arthur L. Goodhart Professor in Legal Science in the University of Cambridge
1981-2
SE
i
. H a 'Sir
lisa
I
Contents
4 Developed socialism 41
Epilogue 169
Index 179
v
V
f
The Goodhart Lectures
J.N.H.
1
Promises and problems
4
Promises and problems
5
Managing change in the U.S.S.R.
I appreciate that there will be those who will say, ‘But this is
politics, it is not law.’ Lenin would not have separated the two,
as he indicated when he said, ‘A law is a political instrument, it
is politics.’ Those words still ring in the ears of Soviet law
students, and they provide the guidelines for those who draft
the laws. Economic facts and the politics of those who are
attempting to manage change cannot be ignored by Soviet
jurists, nor ought they to be by those engaged in following the
course of Soviet legal scholarship and the practice of the
agencies of law. Politics run like a red thread through the
institutions of Soviet law, and they will be kept in the forefront
of this book as essential to an understanding of what is
transpiring in the 1980s.
12
2
Ideology and expansion
strong argument, some military force and, most of all, the need
to hold together in a hostile world, the structure of a new
Union of Soviet Socialist Republics was forged. Only the
leaders of the independent-minded Finns and of the Baltic
peoples chose to stay beyond Lenin’s reach.
The novelty today in this sixty-year-old federation has been
the emergence of a new ethnic conflict. Perhaps it would not
have arisen had the original federal pattern of 1922 remained
unchallenged by a group of enthusiasts of what might be
called a ‘new left’. These militants began to emerge in the
1960s and to talk of a ‘new Soviet man’ who was to develop as
a product of the homogenisation of the many cultures united in
the U.S.S.R. It is an open secret that Ukrainians and Georgians
have resisted noisily leadership by the Great Russians in
directions seeming to suggest to them that they were to be
submerged in a new composite culture. Some of the less
vociferous minority groups have also been grumbling at the
small part they have been allowed to play in political,
intellectual and cultural affairs where the Great Russians
seem always to take the lead.
The U.S.S.R., as structured by Lenin, has been changed
incrementally over the sixty years since its creation. Lenin’s
pattern in implementation of his formula ‘Socialist in content;
national in form had provided that for matters concerning
political power or economic planning, the various ethnic units,
created as Socialist Soviet Republics’, would conform to a
model established by the central authorities. But for matters of
distinctive cultural impact (as with education) or of essentially
local custom (as with land use and agriculture), the ethnic
groups were permitted to devise programmes to satisfy their
own needs, so long as they adhered to basic principles such as
that of state ownership. Because the early leaders were
disciplined communists and were often directed by Great
Russians placed alongside them as technical advisers, they
always conformed in fact to models established in Moscow,
18
Ideology and expansion
central law faculties, and are brought back into Moscow from
time to time for consultative conferences, they are fully
informed of trends in thinking and models to be followed. The
legal hierarchy throughout the Republics of the U.S.S.R. is
closely integrated with the specialists of the Institute of State
and Law of the U.S.S.R. Academy of Sciences.
While integration with the jurists of states beyond the
U.S.S.R. frontiers but within the communist camp is not as
close as that within the U.S.S.R., it is present in an important
degree. Many of the Polish, Czechoslovak, Hungarian, Bul¬
garian and Romanian jurists have been educated in faculties of
law in the U.S.S.R., and periodical reunions at the Moscow
Institute of State and Law are arranged to keep them informed
of the progress of thought on structures believed necessary to
the implementation of political directives. This was most
noticeable during the years immediately after World War II
when communist parties took power in Eastern Europe. The
constitutions for the new states resembled closely the 1936
U.S.S.R. constitution on which they were modelled, variation
being introduced only to take into account the fact that peoples
in these states would have to be introduced relatively slowly to
new patterns of life, to avoid arousing unmanageable
opposition.
Review of these early Eastern European constitutions
indicates that some aimed to create an economy similar to what
Lenin introduced in the 1920s as his New Economic Policy,
with its restricted form of capitalism. Some introduced min¬
ority political parties alongside the communists, although
they were to be held in check by what Professor Stefan
Rozmaryn of Poland once called a structure of ‘permanent
coalition’, from which no minority party could withdraw in a
bid for power. Some have created presidencies to be occupied
by an individual rather than a collective presidency as in the
U.S.S.R. In spite of these variations, all adhere to fundamentals
which when violated have been defended by Soviet ideologues,
25
Managing change in the U.S.S.R.
27
3
Innovation and property concepts
30
Innovation and property concepts
1899.
Herra sensori.
1899.
Ihanteen etsijä.
Olen aatetta kauvan kaivannut, joka lauluni lentoon saisi.
Olen katsonut kaihoten taivaat, maat, mikä mieltäni innostaisi.
Syyskuulla 1899.
Torpanpoika.
Tampereella 1899.
Se laulu kaihosointuinen
kainosti ilmoittaa:
etäällä pohjolassa on
yks ihanainen maa.
Se talviyöstä noussut on
suv'aamun säteilyyn;
sen laihot nosti latvojaan
jo päivän häikäisyyn. —
Syyskuulla 1899.
Kotkankallio.
I,
Kotka se lenteli ilmojen halki, siipeä viisti ja aaltoon löi ja kun
pesän huomasi pienosen linnun, siihen se iski ja mylleröi.
Tampereella 1899.
Keväinen kotiintuminen.
1898.
Iltakello.
Kumarassa kukkivaiset
kultaviljan korjaajat
kuullen kaijut kaunokaiset
selkiänsä oikovat.
Piikatyttö ruskosilmä
suorii tumman palmikon,
kartanolle käyden vilmä
alkaa lemmenlaulelon.
Syksyillan tienoholle
virittäissä varjojaan,
joukot käyvät kartanolle
kylpemään ja nukkumaan.
1899.
Ilta.
1998.
Neitosen sulhaset.
Sinisukissa sipsutteli
neitonen kiehkurakulma,
rengaskorva ja sormussormi —
naapurin poikien pulma.
1899.
Neitokolmikko.
Suuren seljän niemekkeellä, lehväkuusten katvehessa,
kaiteilla mykevän kummun vihannoivat viljapellot. Pellon
keskikenkämällä koti kaunonen kohosi. Kodin helmassa
kasusi kolme nuorta kaunokaista, neitoa solakkavartta.
Ensimmäinen neitosista
elinaikansa kulutti
hyörinässä, pyörinässä.
Lapsensa samalla lailla
jatkoivat eloa äidin.
1896.
1899.
Annikki.
(Kalevala 18).
Annikki tytti on toimeva tytti,
keveä ja ketterä käynniltään.
Kukko kun kiekkuu puolen yön,
Annikki alkaa jo puhdetyön.
1898.
Kumma tyttö.
Nauratellen, riemahdellen
liepsut, leijut yhtenään,
niinkuin kuusilehdon tikka
tiksuttelee mielissään.
1896.
Koulu jo alkaa.