ESTABLISHMENT OF STATE AUTHORITIES AND GOVERNANCE OF SOVIET UKRAINE AND THEIR FUNCTIONING IN 1920th – THE FIRST HALF OF THE 1930th: HISTORICAL AND LEGAL ASPECT

Halyna LAVRYK
D.Sc. in Law, Professor (Poltava University of Economics and Trade), Ukraine
ORCID iD: orcid.org/0000-0001-5331-4327
ResearcherID:AAC-2048-2020
lavrykg@gmail.com

Oksana DUDCHENKO
Candidate of Juridical Sciences, Associate Professor (Nizhyn Mykola Gogol State University), Ukraine
ORCID iD: orcid.org/0000-0002-3537-2694
ResearcherID:AAC-1394-2020
oksanadud@ukr.net

UDC 930

DOI: 10.31733/2786-491X-2021-2-208-219

Keywords: state, law, Soviet Ukraine, national-state tradition

Abstract. The methodology of the research is based on the principles of historicism, authorial objectivity, systematics, comprehensiveness, continuity, as well as the use of general scientific (analysis, synthesis, generalization, classification, typology, idealization (abstraction) and special-historical (historical-genetic), problem-chronological, comparative-historical) methods.

The novelty of the research is that for the first time in the historiography of public authorities it comprehensively analyzes the state and trends of more than a century of research on the history of state authorities and management of Soviet Ukraine, their functioning in the 1920th – first half of the 1930th; it is established that the available scientific achievements only fragmentarily cover the study of its individual aspects, a narrower period or one of its components, and therefore do not give a holistic view of the historiographical process, changes and trends in methodology and research topics representatives of Soviet, modern Ukrainian and foreign historiographical generations; the latest scientific works of historians on the problem of research are considered and from this point of view the objective estimation of the Soviet historiography is carried out: the maintenance of concrete-historical works of the western historiography is analyzed. In addition to historical ones, the historical context of the works of representatives of various branches of legal, political science and management science is partially involved in historiographical analysis, which significantly expanded the cognitive possibilities of the relevant direction of historiographical research.

The research of the creation and functioning of the bodies of state power and administration of Soviet Ukraine in the 1920th and the first half of the 1930th lasted for a century in a row thanks to the efforts of representatives of different historiographical generations. In the period from the 1920th to the present, a consistent change of Soviet, modern Ukrainian and foreign historiographical generations can be traced, the contours of three conditional stages of the first of them, the Soviet one, are outlined: Inclusion of construction and functional purpose of the three-level system of higher legislative bodies, namely: The All-Ukrainian Congress of Soviets of Workersʼ, Peasantsʼ and Red Army Deputies, the All-Ukrainian Central Executive Committee of Soviets elected by the All-Ukrainian Congress of Soviets, and the Presidium of the All-Ukrainian CEC elected by the All-Ukrainian Central Executive Committee, other state and administrative bodies, to the subject field of scientific and historical activity of this and subsequent historiographical generations results in the appearance of assessments and original guidelines for understanding the history of public authorities and management of the Soviet era in the context of scientific support for the establishment of state sovereignty and independence of Ukraine.

References

  1. Ananov, I. (1960). Ministries in the USSR. Moscow: State publishing house of legal literature. (in Russian).
  2. Ananov, I. (1925). Essays on the Federal Administration of the USSR (Peopleʼs Commissariats of the USSR). Leningrad. (in Russian).
  3. Babii, B. (1956). Local authorities of the Ukrainian SSR in 1917–1920. Kyiv: Publishing House of the USSR Academy of Sciences. (in Ukrainian).
  4. Babii, B. (1961). Ukrainian Soviet state during the reconstruction of the national economy (1921-1925). Kyiv: Publishing House of the USSR Academy of Sciences. (in Ukrainian).
  5. Belan, N. (1972). To the question of the organizational and political strengthening of the Soviets during the period of the election campaign of 1926-1928. (On the materials of the South of the Ukrainian SSR). The Communist Party of Ukraine in the struggle for the problems of labor and political activity of laborers, 2, 198-203. (in Russian).
  6. Belan, N. (1973). Strengthening of village councils during the period of the election campaign of 1926-1928. (On the materials of the South of the USSR). Some questions of socio-economic and political history of the USSR, 4, 69-76. (in Russian).
  7. Bondarenko, A. (2010). The judicial system of the RSFSR in the conditions of the NEP: Theory and history of law and the state, the history of doctrines about law and the state. Moscow. (in Russian).
  8. Bulakh, V. (1982). Restructuring of the work of rural councils of Ukraine in the course of the socialist reconstruction of the national economy (1926-1927). Bulletin of Kharkov University, 27-36. (in Russian).
  9. Bulakh, V. (1982). The role of the rural Soviets of Ukraine in the preparation of the mass collective-farm movement (1927-1929). Questions of the history of the USSR, 77-86. (in Russian).
  10. Burda, V. (2016). Local councils of the USSR in the establishment of the Bolshevik monopoly on state power (1920th). Kyiv. (in Ukrainian).
  11. Butsenko, O. (1927). Soviet construction in Ukraine. Kharkiv. (in Ukrainian).
  12. Vedeneev, V. (2002). Features of legal responsibility in the Soviet state under the NEP: Theory and history of doctrines about law and the state. Samara. (in Russian).
  13. Gintsburg, A., Kosteltsev, A., & Khitev, V. (1931). Collection of materials on economic- administrative law. Moscow, Soviet legislation, 712. (in Russian).
  14. Goncharenko, V. (2007). Organization and activity of the Verkhovna Rada of the Ukrainian SSR under the Constitution of the Ukrainian SSR 1937. Bulletin of the National Academy of Legal Sciences of Ukraine, 4(51), 101-115. (in Ukrainian).
  15. Goncharenko, V. (2013). Status of the Ukrainian SRR under the first Constitution of the USSR. Bulletin of the National Academy of Legal Sciences of Ukraine, 1(72). (in Ukrainian).
  16. Goncharenko, V. (2015). Constitutional construction in Ukraine during the new economic policy (1921– 1929). Bulletin of the National Academy of Legal Sciences of Ukraine, 2(81), 17-27. (in Ukrainian).
  17. Goncharenko, V. (2006). Organization and activities of the Presidium of the All-Ukrainian Central Election Commission (1917–1938). Bulletin of the National Academy of Legal Sciences of Ukraine, 1(44), 44-53. (in Ukrainian).
  18. Goncharenko, V. (2014). The procedure for the formation of the All-Ukrainian Congresses of Soviets during the period of the NEP (1921–1929). Scientific-practical journal “Law and life”, 11(2), 39-43. (in Russian).
  19. Goncharenko, V. (1976). All-Ukrainian Congress of Soviets of Workersʼ, Peasantsʼ and Red Army Deputies (1917–1937): Theory and history of doctrines about law and the state. Kharkov. (in Russian).
  20. Goncharenko, V. (1990). All-Ukrainian Congress of Soviets of Workersʼ, Peasantsʼ and Red Army Deputies – supreme authority of the Ukrainian SSR in 1917–1937. Kyiv, UMK VO. (in Russian).
  21. Goncharenko, V. (1991). All-Ukrainian Congress of Soviets of Workersʼ, Peasantsʼ and Red Army Deputies and their role in the state, economic and socio-cultural construction in the Ukrainian SSR (1917–1937). Historical and legal research. Theory and history of doctrines about law and the state. Kharkov. (in Russian).
  22. Goncharenko, V. (2007). The right of the legislative bodies of the Ukrainian SSR to constitutions and protests and yoho implementation in the 1920th. Bulletin of the National Academy of Legal Sciences of Ukraine, 1(48), 108-116. (in Ukrainian).
  23. Goncharenko, V. (2013). Law of the Ukrainian SSR in the period of the new economic policy (1921-1929). Law of Ukraine, 1, 313-330. (in Russian).
  24. Goncharenko, V. (2014). Normative acts that regulated the activities of the highest authorities of Ukraine in the period of the new economic policy (1921–1929). Bulletin of the National Academy of Legal Sciences of Ukraine, 4(79), 37-48. (in Ukrainian).
  25. Goncharenko, V. (2007). History of the constitution and legislation of Ukraine: a collection of documents. Kharkiv: Law. (in Ukrainian).
  26. Goshovskyi, V. (2012). Reformation of the Executive Power Systems in Ukraine: Conceptual Ambush and Legal Restoration. Kyiv, Hi-Tech Press. (in Ukrainian).
  27. Hrynevych, L. (1998). Discussions on the experience of national and military construction in the USSR in the 20th and 30th years in Soviet historiography (1989–1991), 8, 137-160. Kyiv: National Academy of Sciences of Ukraine. Institute of History of Ukraine. (in Ukrainian).
  28. Davitnidze, I. (1967). On the legal status of collegiums of ministries. Soviet state and law, 12, 89-93. (in Russian).
  29. Davitnidze, I. (1972). Boards of ministries legal status and organization of work. Moscow: Legal Literature. (in Russian).
  30. Davitnidze, I. (1972). Improving the legal status of the collegium of ministries in the context of economic reform. Organization of work of ministries in the conditions of economic reform. Moscow, “Nauka”, 33-39. (in Russian).
  31. Davitnidze, I. (1974). Collegiality and unity of command in the Soviet state administration. Moscow, Znannya. (in Russian).
  32. Diomidov, I. (1930). Soviet system and the Constitution. Moscow. (in Russian).
  33. Dmytryk, O. (2019). The language issue in the context of the Ukrainization of Donetsk trade unions in the 1920s and 1930s: historical and legal aspect. Comparative and analytical law, 4, 23-26, http://pap.in.ua/4_2019/5.pdf. (in Ukrainian).
  34. Dranitsyn, S. (1924). Constitution of the USSR and the RSFSR in questions and answers. Leningrad. (in Russian).
  35. Dytynko, F. (2006). Nation-state construction in the USSR in the 1920-1930s. Political institutions, geopolitical conflictology, national and political processes and technologies. Moscow. (in Russian).
  36. Yevtykhiiev, O. (1928). Fundamentals of Soviet administrative law. State Publishing House of Ukraine, 296. (in Ukrainian).
  37. Zhuravlov, D. (2013). Organizational and legal support of the functioning of central executive bodies: theoretical and legal aspect. Dnipropetrovsk State University of Internal Affairs. Lira LTD. (in Ukrainian).
  38. History of the Soviet Constitution in the decrees and regulations of the Soviet Union: 1917–1936. Kyiv, 1937. (in Ukrainian).
  39. Kalakura, Ya. (2014). Civilizational landmarks of modern Ukrainian historiography. Historiographical research in Ukraine, 24, 23-37. (in Ukrainian).
  40. Kotsur, V., & Kotsur, A. (1999). Historiography of the history of Ukraine. Chernivtsi: Golden Timpani. (in Ukrainian).
  41. Kulakov, G. (1925). The Constitution of the USSR and the formation of meetings of the Soviets in the schemes. Moscow – Leningrad: State Publishing House, 58. (in Russian).
  42. Kulakov, G. (1929). The Constitution of the USSR in the schemes. Moscow, 95. (in Russian).
  43. Kulchitskiy, V. (1956). History of the Constitution of the USSR. Leningrad, 29. (in Russian).
  44. Lazarev, B. (1972). Government competence. Moscow: Legal Literature, 280. (in Russian).
  45. Lazarev, B. (1978). The administration of the nation-state. Moscow: Legal Literature, 88. (in Russian).
  46. Lazarev, B. (1978). Government competence in SRSR. Moscow, Znannya, 48. (in Russian).
  47. Lychkatyi, O. (1973). The fight for the harvest of the Rada in the mudflow near 1924–1925. (on the materials of the Left-bank Ukraine). Nutrition of the history of the people of the SRSR. 15, 38-47. (in Ukrainian).
  48. Maiboroda, S. (2002). Public administration of higher education in Ukraine: structure, functions, development trends (1917–1959). Kyiv. (in Ukrainian).
  49. Maksimova, O. (2015). Legislation in the Soviet state in 1917-1936. Moscow. (in Russian).
  50. Malitskiy, A. (1924). Soviet constitution. Kharkiv: The Way of Enlightenment. (in Russian).
  51. Malitskiy, A. (1926). Soviet state law. Essays. Kharkiv: Legal Publishing House of the USSR. (in Russian).
  52. Malitskiy, A. (1928). Soviet Constitution. Kharkiv. (in Russian).
  53. Malitskyi, O. (1928). Soviet Constitution: a guide for universities. Kharkiv. (in Ukrainian).
  54. Manokhin, V. (1963). The order of formation of public administration bodies. Moscow: State Publishing House of Legal Literature. (in Russian).
  55. Nenin, A. (1999). Sovnarkom and the new economic policy (1921–1923). Nizhny Novgorod. (in Russian).
  56. Okipniuk, V. (2019).Staffing of state security bodies in Ukraine during the rule of the totalitarian regime (1929-1953). Journal of Kyiv University of Law, 4, 35-40, http://doi.org/10.36695/2219-5521.4.2019.04. (in Ukrainian).
  57. Oliinyk, O. (2000). Peopleʼs Commissariat of Internal Affairs of Ukraine (1917-1941): structure, functions, activities: Theory and history of law and the state, the history of doctrines about law and the state. Kharkiv, 205. (in Ukrainian).
  58. Parfinenko, A. (2008). Understanding the socio-political role of Ukrainian higher education in the Soviet publication of the 1920th – early 1930th. Historiographical research in Ukraine, 18, 415-426. Kyiv: NAN Ukrainy. Institute of History of Ukraine. (in Ukrainian).
  59. Rybak, V., Tolstoukhov, A., & Yatsuba, V. (2007). Regional executive power of Ukraine: history and modernity. Kyiv: Secretariat of the Cabinet of Ministers of Ukraine, 409. (in Ukrainian).
  60. Rogozhin, A. (1950). Socialist legality in the USSR during the Great October Revolution during the period of civil and foreign military intervention: Theory and history of law and the state, the history of doctrines about law and the state. Kharkov, 20. (in Russian)
  61. Rogozhin, A. (1963). Essay on the history of legality of the Ukrainian SSR during the period of foreign military intervention and civil war. Kharkiv: Kharkiv State University Press. (in Russian).
  62. Riaboshapko, L. (1991). Code of Laws on Public Education of the USSR, 1922: Theory and history of law and the state, the history of doctrines about law and the state. Kyiv. (in Ukrainian).
  63. Riaboshapko, L. (2010). Codification of education legislation is a component of educational reforms. He shouts, 19, 25-28. (in Ukrainian).
  64. Samandas, N. (2001). Formation and development of the system of state education management bodies in Ukraine (1917-1941) : Sectoral management. Kyiv. (in Ukrainian).
  65. Smolii, V. (2015). Light in the Shadow of Ukrainian Soviet Historiography: Proceedings of the International Scientific Conference (Kyiv, Ukraine, May 22-23, 2013). Kyiv, Institute of History of Ukraine, National Academy of Sciences of Ukraine. (in Ukrainian).
  66. Sokyrska, V. (2018). Relations between the RSFSR and the USSR (1919-1929): political, economic and administrative-territorial discussions : (History of Ukraine). Ternopil. (in Ukrainian).
  67. Solomon, P. (1998). Soviet justice under Stalin. Moscow, Russian Political Encyclopedia (ROSSPEN). (in Russian).
  68. Strilets, V. (2014). Revolutionary Committee of the Poltava province (December 1919 – April 1920): historical and legal research. Theory and history of state and law, history of political and legal doctrines. Kyiv. (in Ukrainian).
  69. Stuchka, P. (1931). The doctrine of the Soviet state and its Constitution. Moscow–Leningrad. (in Russian).
  70. Tymtsunyk, V. (2003). Reforming the system of government and state government in the URSR (1953–1964). Kyiv, NAPA. (in Ukrainian).
  71. Tymchenko, S., Bostan, S., Lehusha, S., Parkhomenko, N., Pikulia, T., & Proniuk, N. (2007). Actual problems of the theory of power and law. The problems of the theory of power are topical (Part I., p. 141). Kyiv: KNT. (in Ukrainian).
  72. Usenko, I. (2014). Judiciary in Ukraine: historical origins, patterns, features of development. Scientific Thought Publishing House of the National Academy of Sciences of Ukraine, Kyiv. (in Ukrainian).
  73. Filonova, O. (2016). Modernization of the judicial system of the RSFSR during the NEP: Theory and history of doctrines about law and the state. Tyumen. (in Russian).
  74. Khmel, I. (1986). Historiography of the history of the USSR. Kiev, Naukova Dumka. (in Russian).
  75. Chernichenko, S. (1987). From the experience of party organizations in Ukraine to improve the composition of local councils in the 1920th. Problems of socialist legality, 19, 21-27. (in Russian).
  76. Chistyakov, O. (2003). Constitution of the RSFSR 1918. Moscow, Zerkalo-M. (in Russian).
  77. Sharapa, V. (1968). Rural councils and rural gatherings of voters in Ukraine during the recovery period (1921-1925). The Great October Revolution, the social progress of mankind: a scientific conference of professorial and teaching staff (12-16). Dnepropetrovsk. (in Russian).
  78. Shishov, O. (1985). Formation and development of the science of criminal law in the USSR. General problems. 1917–1936: Criminal law and criminology; corrective labor law. Moscow. (in Russian).
  79. Engel, Ye. (1923). Fundamentals of the Soviet constitution. Moscow. (in Russian).
  80. Yurii, M., Aleksiievets, L., Kalakura, Ya., & Udod, O. (2012). Ukraine of the XIX-beginning of the XXI century is a civilizational context of cognition. Ternopil: Aston. (in Ukrainian).
  81. Yakovenko, D. (1975). The highest bodies of state power of the Ukrainian SSR in the conditions of building socialism (1917–1937). (Constitutional bases of organization and activity). Kyiv, Research and Editorial and Publishing Department. (in Russian).
  82. Yampolskaya, Ts. (1954). Bodies of Soviet state administration in the modern period. Moscow. Publishing House of the Academy of Sciences of the USSR. (in Russian).