The principle of equality in the system of constitutional values of the USSR
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The formation of the concept of the principle of equality and its place in the system of constitutional values of the USSR is studied. In the hierarchy of modern constitutional values, the principle of equality is one of the most important places. That is why the study of the formation of the principle of equality in the constitutional construction of the USSR becomes of great importance. The theoretical principles of the concept of equality and peculiarities of its reflection in the norms of the Constitution of the USSR of 1919, 1929, the Constitution (Basic Law) of the USSR in 1937 and 1978 are highlighted. The content of the concept of the principle of equality is analyzed by analyzing the understanding by its creators of such concepts as «people’s power», «people democracy», «dictatorship», «equality», «human rights and citizen». The principle of equality had a different scale of action in different periods of history of the Ukrainian SSR-USSR. In the Constitution of the USSR in 1919–1937 this principle was extended only to the working people and in the conditions of the existence of a totalitarian regime it was not possible to implement life, since the principle of equality excludes any advantages, prerogatives, privileges of the participants of legal relations. In this period, formal (legal) equality is absent both in the system of constitutional values and in the list of basic principles of the Constitution. The principle of formal-legal equality of citizens, as a constitutional principle, was enshrined only in the Constitution (Basic Law) of the Ukrainian Soviet Socialist Republic, adopted in 1978, and was interpreted as the principle of equality.
Authors and Affiliations
Lesia Нudoyar
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