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Joint Party and Government Decrees in the Ussr and Other Socialist Countries

Joint Party and Government Decrees in the Ussr and Other Socialist Countries 47 JOINT PARTY AND GOVERNMENT DECREES IN THE USSR AND OTHER SOCIALIST COUNTRIES GER P. VAN DEN BERG Senior Legal Research Officer, Documentation Office for East European Law, University of Leyden Faculty of Law Already for more than 50 years a number of the decisions, issued by the USSR Council of Ministers (or its predecessor, the Council of People's Com- missars), are issued as decrees of this council and the Central Committee of the Communist Party of the Soviet Union. Neither the USSR Constitution nor any other formal regulation provides for the possibility of enacting such de- crees.' Although these decrees have received some attention of Soviet schol- ars2 and of Western commentators3, their legal and political significance is unclear. This article is a first attempt toward a general analysis of these de- crees, which are usually denoted as joint decrees. In the Soviet Union, the term "joint decree" (sovmestnoe postanovlenie) is also used for decrees issued by the Council of Ministers conjointly with the trade unions. However, from a constitutional and political point of view such decrees are less interesting. Such decrees have a legal basis since - under the Law on the USSR Council of Ministers http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Socialist Law (in 1992 continued as Review of Central and East European Law) Brill

Joint Party and Government Decrees in the Ussr and Other Socialist Countries

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Publisher
Brill
Copyright
© 1985 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0165-0300
eISSN
1875-2985
DOI
10.1163/187529885X00043
Publisher site
See Article on Publisher Site

Abstract

47 JOINT PARTY AND GOVERNMENT DECREES IN THE USSR AND OTHER SOCIALIST COUNTRIES GER P. VAN DEN BERG Senior Legal Research Officer, Documentation Office for East European Law, University of Leyden Faculty of Law Already for more than 50 years a number of the decisions, issued by the USSR Council of Ministers (or its predecessor, the Council of People's Com- missars), are issued as decrees of this council and the Central Committee of the Communist Party of the Soviet Union. Neither the USSR Constitution nor any other formal regulation provides for the possibility of enacting such de- crees.' Although these decrees have received some attention of Soviet schol- ars2 and of Western commentators3, their legal and political significance is unclear. This article is a first attempt toward a general analysis of these de- crees, which are usually denoted as joint decrees. In the Soviet Union, the term "joint decree" (sovmestnoe postanovlenie) is also used for decrees issued by the Council of Ministers conjointly with the trade unions. However, from a constitutional and political point of view such decrees are less interesting. Such decrees have a legal basis since - under the Law on the USSR Council of Ministers

Journal

Review of Socialist Law (in 1992 continued as Review of Central and East European Law) – Brill

Published: Jan 1, 1985

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