Cite this article as:
Berdnikova E. V., Kulikova S. A. The issue of the historical succession of the organizational and institutional mechanism of people’s control in the USSR by the modern system of public control: A political and legal aspect. Izv. Saratov Univ., Economics. Management. Law, 2022, vol. 22, iss. 4, pp. 440-448. DOI: https://doi.org/10.18500/1994-2540-2022-22-4-440-448
The issue of the historical succession of the organizational and institutional mechanism of people’s control in the USSR by the modern system of public control: A political and legal aspect
Introduction. At present, an obvious scientific interest in the Soviet historical experience of constructing political institutions and organizing public administration is growing. In this context, there is an urgent need to compare and identify the generic qualities of people’s control in the USSR and public control in the Russian Federation, to clarify the general and specific patterns of their development, to conduct a comparative analysis of the ideological, conceptual, regulatory, legal, and organizational and institutional characteristics of the phenomena under consideration. Theoretical analysis. People’s control in the USSR and public control in the Russian Federation have a lot in common, especially in the context of assessing their social nature and essence. Theoretically, both phenomena characterize the content of the democratic foundations of the constitutional system and are considered the most important guarantee and condition for the implementation of democracy in a political system of a certain type. The authors also single out separate content aspects that characterize the authenticity of both types of control, which are manifested to a greater extent in their essential definition and intended purpose. Public control is an integral feature and, at the same time, a function of civil society - the sphere of self-organization and activity of free citizens and their associations. The theoretical and methodological configuration of people’s control was based on considering it as an auxiliary control function for the state, not of society, but of the people as a political community of all citizens of the USSR. Empirical analysis. It was revealed that people’s control in the USSR and public control in the Russian Federation are characterized by a high degree of legal regulation. The authors highlight the main differences of both types of control. These differences are of an organizational and institutional nature and refer to features of the subject-object composition, forms and results of activities. Results. The retrospective study of the genesis of public control and the practical implementation of the conceptual paradigm at the present stage of the development of the Russian Federation allows us to defi ne it as the result of the institutional historical succession of the forms of democracy that developed during the Soviet period of the functioning of the national political system.
- Farberov N. P. Demokratiya razvitogo sotsialisticheskogo obshchestva [Democracy of a Developed Socialist Society]. Moscow, Nauka Publ., 1975. 296 p. (in Russian).
- Turovtsev V. I. (ed.) Narodnyi kontrol’ v SSSR [People’s Control in the USSR]. Moscow, Nauka Publ., 1967. 284 p. (in Russian).
- Molchik Ch. People’s Control in the System of Socialist Democracy: The Experience of the USSR and the People’s Republic of Poland. Thesis Diss. Cand. Sci. (Jur.). Moscow, 1983. 19 p. (in Russian).
- Berdnikova E. V. Public Control in the Constitutional and Legal Interaction of Public Authorities and Civil Society Institutions in the Russian Federation. Diss. Dr. Sci. (Jur.). Saratov, 2021. 482 p. (in Russian).
- Luchin V. O., Bobrova N. A. The constitutional system of Russia: the main political and legal characteristics. Pravo i politika [Law and Politics], 2003, no. 10, pp. 17–30. Available at: https://nbpublish.com/library_read_article.php?id=-996 (accessed 19 August 2022) (in Russian).
- Zubarev S. M. The concept and essence of public control over the activities of state bodies. Administrativnoe pravo i process [Administrative Law and Process], 2011, no. 5, pp. 5–12 (in Russian).
- Komkova G. N., Volodin V. V. Public control as a mechanism for ensuring the openness of public authorities. In: V. V. Volodin, S. V. Kabyshev (eds.) Obshchestvennyi kontrol’ kak mekhanizm obespecheniya otkrytosti organov publichnoy vlasti [Constitutional and Legal Regulation of Transparency of Public Authorities in the Russian Federation and Canada]. Moscow, Formula prava Publ., 2009, pp. 82–91 (in Russian).
- Bakhrah D. N. People’s control in a developed socialist society. In: A. I. Golovanov (ed.) Povyshenie aktivnosti grupp i razvitie initsiativy narodnykh kontrolerov – osnova usileniya deistvennosti kontrolya v bor’be za ekonomiyu, berezhlivost’ i ukreplenie distsipliny: Tezisy dokladov IV nauchno-prakticheskoj konferentsii organov narodnogo kontrolya Sverdlovskoi oblasti 29 oktyabrya 1983 g. [Increasing the activity of groups and developing the initiative of people’s supervisors are the basis for strengthening the effectiveness of control in the struggle for economy, thrift and strengthening discipline. Proc. of the IV scientifi c and practical conf. the People ‘s Control bodies of the Sverdlovsk region on October 29, 1983]. Sverdlovsk, 1983, pp. 17–24 (in Russian).
- Constitution (Basic Law) of the Union of Soviet Socialist Republics (adopted by the Supreme Soviet of the USSR on 07.10.1977) (an edition of 14.03.1990). Vedomosti VS SSSR [Vedomosti of the Supreme Soviet of the USSR], 1977, no. 41, art. 617 (in Russian).
- The Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended by Federal Constitutional Law 6-FKZ of 30.12.2008, Federal Constitutional Law 7-FKZ of 30.12.2008, Federal Constitutional Law 2-FKZ of 05.02.2014, Federal Constitutional Law 11-FKZ of 21.07.2014, Federal Constitutional Law 1-FKZ of 14.03.2020). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398; 2020, no. 11, art. 1416 (in Russian).
- On the basis of public control in the Russian Federation. Federal law 212-FZ of 21.07.2014. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 30 (pt. I), art. 4213; 2018, no. 53 (pt. I), art. 8424 (in Russian).
- On People’s Control in the USSR. Law of the USSR of 30.11.1979 Svod zakonov SSSR [The Code of Laws of the USSR]. Vol. 1. Moscow, Izvestiya Publ., 1990, pp. 329–341 (in Russian).
- Fedotov M. A. (ed.) Pravovye osnovy obshchestvennogo kontrolya v Rossiiskoy Federatsii: Postateinyi nauchnoprakticheskiy kommentariy k Federal’nomu zakonu ot 21 iyulya 2014 g. № 212-FZ «Ob osnovakh obshchestvennogo kontrolya v Rossiiskoy Federatsii» [Legal foundations of Public Control in the Russian Federation: Article-by-article Scientifi c and Practical Commentary to Federal Law 212-FZ of July 21, 2014 “On the Foundations of public control in the Russian Federation”]. Moscow, Statut Publ., 2017. 208 p. ATP «Consultant» [electronic resource] (in Russian).
- Zapolsky S. V. On the legal nature of state control. In: Aktual’nye problemy garmonizatsii sudebnoy reformy s reformoy gosudarstvennogo kontrolya i nadzora [Current problems of harmonization of judicial reform with the reform of state control and supervision]. Moscow, RGUP Publ., 2018. 164 p. ATP «Consultant» [electronic resource].
- Poleshchuk A. S. Public control in the structure of Soviet power. Vestnik Moskovskogo universiteta MVD Rossii, 2011, no. 2, pp. 182–186 (in Russian).
- GARF. F. 9527. Оp. 1. D. 3074 (in Russian).
- GARF. F. 9527. Оp. 1. D. 4883 (in Russian).
- GARF. F. 9527. Оp. 1. D. 6472 (in Russian).
- Hachatryan M. S. Public control in the Russian Federation and people’s control in the USSR: comparative legal analysis of models. Istoriko-pravovye problemy: novyi rakurs [Historical and Legal Problems: A New Perspective], 2015, no. 11, pp. 115–125 (in Russian).
- Goncharov V. V. Using the positive experience of organizing and implementing people’s control of power in the USSR in the process of optimizing public control in the Russian Federation (constitutional and legal analysis). Pravo i politika [Law and Politics], 2019, no. 5, pp. 72–88 (in Russian). https://doi.org/10.7256/2454-0706.2019.5.27942