Question

Конституция СССР 1936 г. включала обширную главу о правах и свободах человека. Однако в реальной жизни в стране проводились массовые репрессии. Объясните, почему сложилась такая ситуация. Перечислите условия, необходимые для реального выполнения норм Конституции.

Answer 1

Я думаю так, потому что в то время был культ личности Сталина. Любое выражение против власти было запрещенно. говорить, что права человека ущемлены, было нельзя, ведь это высказывание тоже было бы против власти, Сталина. 

Answer 2

The Constitution of the USSR in 1936 and the Reality of Mass Repressions

The Constitution of the USSR in 1936 included an extensive chapter on human rights and freedoms. However, in reality, the country experienced mass repressions. This discrepancy can be explained by several factors.

Factors Contributing to the Discrepancy

1. Political Climate and Ideology: The Soviet Union was governed by a totalitarian regime that prioritized the interests of the Communist Party and the state over individual rights and freedoms. The Communist Party maintained strict control over all aspects of society, including the legal system and law enforcement agencies. This allowed the government to suppress dissent and maintain its authority.

2. Suppression of Political Opposition: The Soviet government viewed any form of political opposition as a threat to its power. As a result, individuals or groups who expressed dissenting views or challenged the regime were often labeled as enemies of the state and subjected to repression. This included imprisonment, forced labor, exile, and even execution.

3. Fear and Surveillance: The Soviet government employed a vast network of informants and secret police to monitor and control its citizens. This pervasive surveillance created an atmosphere of fear and mistrust, discouraging people from openly expressing their opinions or engaging in activities that could be perceived as subversive. The fear of reprisals further limited the exercise of rights and freedoms guaranteed by the constitution.

4. Lack of Independent Judiciary: The Soviet legal system lacked independence and was heavily influenced by the Communist Party. The judiciary served as an instrument of the state rather than a check on its power. This lack of judicial independence made it difficult for individuals to seek redress for violations of their rights and contributed to the impunity of the authorities.

5. Propaganda and Censorship: The Soviet government tightly controlled the media and disseminated propaganda to shape public opinion. This allowed the government to control the narrative and suppress information that could challenge its authority or expose human rights abuses. Censorship limited the ability of individuals to access alternative viewpoints and information, further restricting their rights.

Conditions Necessary for the Realization of Constitutional Norms

To ensure the real implementation of the norms enshrined in the Constitution, several conditions are necessary:

1. Rule of Law: A robust and independent judiciary is essential to uphold the rule of law and protect individual rights. The judiciary should be free from political interference and have the power to hold the government accountable for any violations of constitutional rights.

2. Separation of Powers: A system of checks and balances, with clear separation of powers between the executive, legislative, and judicial branches, helps prevent the concentration of power and ensures that no single entity can dominate the others.

3. Respect for Human Rights: A commitment to respecting and protecting human rights is crucial. This includes the right to freedom of expression, assembly, and association, as well as the right to a fair trial and protection from arbitrary detention.

4. Transparency and Accountability: Openness and transparency in government operations, along with mechanisms for accountability, are necessary to prevent abuses of power. This includes access to information, freedom of the press, and the ability of citizens to hold their government accountable through peaceful means.

5. Civil Society and Public Participation: A vibrant civil society and active public participation are essential for the protection and promotion of human rights. This includes the existence of independent media, non-governmental organizations, and grassroots movements that can advocate for the rights and interests of individuals.

It is important to note that the Soviet Union under Stalin's leadership deviated significantly from these conditions, leading to the suppression of rights and freedoms despite their inclusion in the constitution.