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Perestroika and a "Law-Governed" Soviet State: Criminal Law

Perestroika and a "Law-Governed" Soviet State: Criminal Law 135 PERESTROIKA AND A "LAW-GOVERNED" SOVIET STATE: CRIMINAL LAW MARIUSZ MARK DOBEK University of Kansas and ROY D. LAIRD Professor of Political Science and Soviet and East European Studies, University of Kansas Abstract As an outgrowth of perestroika and glasnost', an astounding, unprecedented debate has surfaced in the Soviet Union on the faults in the Soviet legal system, especially criminal law. Moreover, a draft of Fundamentals of Criminal Legislation of the USSR has been submitted to the new Supreme Soviet, which includes numerous changes in the criminal law system. This essay analyses the debate, especially the commentary of leading Soviet legal specialists, and the proposed legislative changes in view of the impediments to suc- cessful criminal law reform. We conclude that the role of the Party, which Gorbachev insists must be strengthened, is an especially insurmountable obstacle to "democratiza- tion" and the transformation of the Soviet Union into a "law-governed" society. 1. Introduction Gorbachev's introduction of glasnost' (openness) as a major tool of perestroika (restructuring) has produced an astounding, unprecedented dialogue in the USSR. The rationale behind the discussion is the need to identify and correct what is wrong in the system that has allowed the Soviet economy 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

Perestroika and a "Law-Governed" Soviet State: Criminal Law

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Publisher
Brill
Copyright
© 1990 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0165-0300
eISSN
1875-2985
DOI
10.1163/187529890X00083
Publisher site
See Article on Publisher Site

Abstract

135 PERESTROIKA AND A "LAW-GOVERNED" SOVIET STATE: CRIMINAL LAW MARIUSZ MARK DOBEK University of Kansas and ROY D. LAIRD Professor of Political Science and Soviet and East European Studies, University of Kansas Abstract As an outgrowth of perestroika and glasnost', an astounding, unprecedented debate has surfaced in the Soviet Union on the faults in the Soviet legal system, especially criminal law. Moreover, a draft of Fundamentals of Criminal Legislation of the USSR has been submitted to the new Supreme Soviet, which includes numerous changes in the criminal law system. This essay analyses the debate, especially the commentary of leading Soviet legal specialists, and the proposed legislative changes in view of the impediments to suc- cessful criminal law reform. We conclude that the role of the Party, which Gorbachev insists must be strengthened, is an especially insurmountable obstacle to "democratiza- tion" and the transformation of the Soviet Union into a "law-governed" society. 1. Introduction Gorbachev's introduction of glasnost' (openness) as a major tool of perestroika (restructuring) has produced an astounding, unprecedented dialogue in the USSR. The rationale behind the discussion is the need to identify and correct what is wrong in the system that has allowed the Soviet economy

Journal

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

Published: Jan 1, 1990

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