Fundamental Principles Of Soviet Criminal Law

DOIhttp://doi.org/10.1111/j.1468-2230.1960.tb00572.x
AuthorBoris S. Nikiforov
Published date01 January 1960
Date01 January 1960
FUNDAMENTAL PRINCIPLES
OF
SOVIET CRIMINAL LAW
I
SOVIET
criminal legislation consists of federal laws, which operate
on
the entire territory of the U.S.S.R., and the criminal codes
of the constituent Union Republics.
If
they have not
(or
not
yet) been incorporated in the penal codes
of
the Union Republics,
federal laws are applied directly by the courts in the Republics.
If
they have been incorporated, they are applied by the courts on
the ground
of
the corresponding provisions of the criminal code of the
Union Republic on the territory of which the crime was committed.
If
a law of a Union Republic contradicts a federal law, the latter
is the one which
is
applied.
There is now a rather considerable number of federal criminal
laws. For example, responsibility for the embezzlement
of
state
or public property, theft of personal property, robbery of personal
property and for rape is stipulated in federal laws. These came
into being during the period in the history of Soviet criminal
legislation
(1936-57)
when the Constitution of the U.S.S.R. provided
for the promulgation of
a
Criminal Code of the U.S.S.R. and,
in consequence, the Union Republics passed few criminal laws.
In February
1957
the Supreme Soviet repealed that provision
of the Constitution and placed within the jurisdiction
of
the U.S.S.R.
the promulgation only of the most important criminal laws. The
promulgation of criminal codes was placed within the jurisdiction
of the Union Republics. This restored the situation that had
existed prior
to
1936,
when only the Fundamental Principles
of
criminal legislation of the U.S.S.R. and the Union Republics (promul-
gated in
1924),
and the statutes concerning crimes against the state
and military offences (until recently the
1927
statutes were in force),
came within the jurisdiction
of
the U.S.S.R. in the sphere of criminal
legislation.
These laws were amended many times during the more than
thirty years since their promulgation.
It
became increasingly
obvious, however, that the social changes which had taken place
in
the country in this period necessitated a more thorough revision.
This has been done in the new Fundamentals of Criminal Legis-
lation and the laws about responsibility for crimes against the state
1
The expression used
in
the law of December
1958
to indicate the basic principles
of
the criminal law is translated in this article by the word
fundamentals,”
in
contrast with the differing expression used
in
the law
of
1924
which
ia
here translated
fundamental principles.” There does
not
appear to be
any difference in meaning between the two expressions, and their
use
without this
explanation might be puzzling
to
the reader.-Ed.
31

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