DECODING OF LEGAL FORMULAS OF THE FIRST CONSTITUTION OF THE RSFSR OF JULY 10, 1918: «ANTI-LEGAL» NATURE OF CONSTITUTIONAL NORMS

Vitaliy KHAN
Ph.D. (Law), Associate Professor (Law Enforcement Academy under the Prosecutor Generalʼs Office of the Republic of Kazakhstan), Kazakhstan
apo-kanc@prokuror.kz

UDC 343.4

DOI 10.31733/2786-491X-2021-97-103

Keywords: Constitution; natural human rights; private property; political repression; illegal law

Abstract. Law is an achievement of human civilization, it is based on the system of natural human rights, the structural components of which are being deployed, detailed, supplemented by laws and other acts of state power. Therefore, the law does not pursue the goal of alienation of fundamental rights and freedoms through the laws of the country. The article considers the illegal provisions of the Constitution of the RSFSR of July 10, 1918.

The author substantiates the natural nature of property rights on the basis of historical examples, documents, actions and their consequences. An illustration of the violations of the laws of materialist dialectics and the realization of the scholastic ideas of the Bolshevik movement, which became the foundation for the construction of a despotic, totalitarian political system, is given.

References

  1. Abylkhozhyn, Zh. (1997). Essays on the socio-economic history of Kazakhstan. XX century. Universitet «Turan». (in Russian).
  2. Bukharin, N. (1989). Problems of the theory and practice of socialism. Politizdat. (in Russian).
  3. Constitution (Basic Law) of the RSFSR. Adopted by the V All-Russian Congress of Soviets at a meeting on July 10, 1918. (in Russian).
  4. Conventions concerning forced or compulsory labor. Human rights. Basic international documents: Col. of documents. International relations, 1989. (in Russian).
  5. Decree «On the introduction of labor food rations» of April 30, 1920, http://www.libussr.ru/doc_ussr/ussr_622.htm. (in Russian).
  6. Degitayeva, L. (exec. ed.) (1998). Memorandum of the head of the Alma-Ata regional UNKVD to the secretary of the city committee of the All-Union Communist Party of Bolsheviks on the shortcomings in the organization of mass public and political-educational work in city schools and technical schools of February 13, 1937. Top secret. Political repressions in Kazakhstan in 1937-1938. Collection of documents (Archive of the President of the Republic of Kazakhstan). (in Russian).
  7. International Covenant on Civil and Political Rights. Resolutions adopted on the reports of the Third Committee.
  8. International Covenant on Economic, Social and Cultural Rights. Resolutions adopted on the reports of the Third Committee.
  9. Trotsky, L. (1990). On the history of the Russian revolution. Politizdat. (in Russian).
  10. Universal Declaration of Human Rights, https://www.un.org/en/about-us/universal-declaration-of-human-rights.
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