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The Taking and Precariousness of Non-State Property in Soviet Law

The Taking and Precariousness of Non-State Property in Soviet Law 203 THE TAKING AND PRECARIOUSNESS OF NON-STATE PROPERTY IN SOVIET LAW ZIGURDS L. ZILE Professor of Law, University of Wisconsin-Madison The Soviet rule began with sweeping expropriations. Having ousted the Provisional Government on 7 November (25 October) 1917,1 the bolsheviks proceeded to assert exclusive state ownership over land and related natural resources and all other immovables of any economic significance by decree, slogan, and deed. Movables fared no better. In Kurskii's words, "by 1918 private ownership of movable property was rejected in fact". This occurred because of unrestrained, chaotic taking.2 Not until 16 April 1920 was a decree3 issued which somewhat curbed this process. Yet the decree did not sanction ownership in things but spoke only of the procedures to be followed in taking them. "It proceeded from the proposition", Kurskii tells us, "that there were no guaranteed ownership rights' The first draft of the Council of People's Commisars' (i. e. , Ministers') "Theses On Concessions" of 25 March 1920,? disseminated to lure foreign investors with short memories, deplored "acknowledgment of the concessionaires' private ownership rights in equipment and output of the plant for now" as one of "the principal dis- advantages of concessions from the point of 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

The Taking and Precariousness of Non-State Property in Soviet Law

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Publisher
Brill
Copyright
© 1986 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0165-0300
eISSN
1875-2985
DOI
10.1163/187529886X00123
Publisher site
See Article on Publisher Site

Abstract

203 THE TAKING AND PRECARIOUSNESS OF NON-STATE PROPERTY IN SOVIET LAW ZIGURDS L. ZILE Professor of Law, University of Wisconsin-Madison The Soviet rule began with sweeping expropriations. Having ousted the Provisional Government on 7 November (25 October) 1917,1 the bolsheviks proceeded to assert exclusive state ownership over land and related natural resources and all other immovables of any economic significance by decree, slogan, and deed. Movables fared no better. In Kurskii's words, "by 1918 private ownership of movable property was rejected in fact". This occurred because of unrestrained, chaotic taking.2 Not until 16 April 1920 was a decree3 issued which somewhat curbed this process. Yet the decree did not sanction ownership in things but spoke only of the procedures to be followed in taking them. "It proceeded from the proposition", Kurskii tells us, "that there were no guaranteed ownership rights' The first draft of the Council of People's Commisars' (i. e. , Ministers') "Theses On Concessions" of 25 March 1920,? disseminated to lure foreign investors with short memories, deplored "acknowledgment of the concessionaires' private ownership rights in equipment and output of the plant for now" as one of "the principal dis- advantages of concessions from the point of

Journal

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

Published: Jan 1, 1986

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