USSR Education Treaty

The agreement was signed on December 29, 1922 at a conference of delegations from congresses of the Soviets of four republics: the RSFSR , the Ukrainian SSR , the BSSR and the ZSFSR . Approved on December 30, 1922 at the I All-Union Congress of Soviets . The last date is considered the date of formation of the USSR. The approval of the contract legally formalized the creation of a new state within the four union Soviet republics.

The agreement consisted of a preamble and 26 paragraphs ^[1] :

The preamble of the treaty stated the union of the RSFSR, Ukrainian SSR, BSSR and the ZSFSR into a single union state - the Union of Soviet Socialist Republics, governed in accordance with the provisions of the Treaty.

Clause 1 established the competence of the Union of Soviet Socialist Republics, which, in particular, included: representation of the USSR in international relations, change of external borders and the admission of new republics to the USSR, declaration of war and peace, conclusion of loan agreements and ratification of international agreements, as well as cancellation acts violating the Agreement of Congresses of Soviets, Central Executive Committees and Councils of People's Commissars of the republics.

Paragraphs 2–10 determined the structure of the highest organs of power of the USSR. The supreme authority proclaimed the Congress of Soviets of the USSR , the delegates of which were elected by the city and provincial (and not republican ) congresses of the Soviets. The Congress of Soviets of the USSR elected the unicameral Central Executive Committee of the USSR (371 people), which was the supreme body between the Congresses and elected the 19-member Central Executive Committee from among its members.

Clause 11 declared the executive body of the Union the Council of People's Commissars of the USSR elected by the Central Executive Committee of the USSR and determined its structure.

Clause 12 regulated the activities of the Supreme Court of the USSR and the Joint State Political Administration under the Council of People's Commissars of the USSR .

Paragraphs 13-17 determined the foundations of the legal regulation of the USSR (decrees and resolutions of the CEC and SNK of the USSR).

Paragraph 18 determined the composition of the republican Sovnarkom.

Paragraph 19 determined the foundations of the activities of the Supreme Council of the National Economy , the People’s Commissariats for Food, Finance, Labor, and the Workers and Peasants Inspectorate .

Clause 20 regulated the budget issues of the republics.

Paragraphs 21 - 23 established a single citizenship (21), symbolism (22) and the capital (23) of the USSR. The capital was declared the city of Moscow .

Paragraph 24 provided for bringing the republican constitutions into line with the Treaty.

Clause 25 stipulated that the approval and amendment of the Treaty was the exclusive competence of the Congress.

Clause 26 enshrined the right of the republics to free exit from the USSR .

Subsequently, the amended and amended union agreement and declaration on the formation of the USSR were merged into the first Constitution of the USSR ^[2] . The new edition of the Treaty consisted of a preamble and 11 chapters:

Chapter I determined the subjects of the supreme authority of the USSR. Clause 1 contained a list of these items, somewhat expanded and refined in comparison with the initial version of the contract. Clause 2 related the approval and amendment of the Constitution to the exclusive jurisdiction of the Congress of Soviets of the USSR.

Chapter II (paragraphs 3–7) established the sovereign rights of the Union republics (including paragraph 4 - the right to free exit from the Union) and a single union citizenship for citizens of the Union republics.

Chapter III (paragraphs 8-12) declared the Congress of Soviets the supreme authority of the USSR; in the period between Congresses, such a body was the bicameral CEC of the USSR, consisting of the Union Council and the Council of Nationalities. The norms of representation, the procedure for the selection of delegates and the convening of Congresses were established.

Chapter IV (paragraphs 13–28) regulated the election procedure of the CEC of the USSR, established the procedure for its activities and responsibility to the Congress of Soviets of the USSR.

Chapter V (paragraphs 29–36) defined the functions and rights of the Presidium of the Central Executive Committee of the USSR, the procedure for interaction with the Council of People's Commissars of the USSR, and also responsibility to the Central Executive Committee of the USSR.

Chapter VI (paragraphs 37–42) established the structure of the Council of People's Commissars of the USSR, its functions and responsibilities to the Central Executive Committee of the USSR and the Presidium of the Central Executive Committee of the USSR. The SNK of the USSR included the chairman of the SNK, his deputies and 10 people's commissars.

Chapter VII (paragraphs 43–48) established the Supreme Court, outlined its terms of reference and determined the composition of the plenary.

Chapter VIII (paragraphs 49-60) established the division of the People's Commissariats of the USSR into All-Union (uniform for the entire Union of Soviet Socialist Republics) and united (directing the same people's commissariats of the Union republics). The responsibility of the people's commissars (heads of people's commissariats) to the Council of People's Commissars, the Central Executive Committee and its presidium was determined.

Chapter IX (paragraphs 61–63) is devoted to the activities of the United State Political Administration (OGPU).

Chapter X (paragraphs 64–69) regulated the structure of state administration of the Union republics: Congresses of Soviets, CEC and SNK of the republics.

Chapter XI (paragraphs 70–72) is devoted to the coat of arms, flag and capital of the Union of Soviet Socialist Republics.

With minor amendments, the Treaty was included in all revisions of the Constitution of the USSR until the adoption in 1936 of a new "Stalinist" Constitution , in which it was not mentioned.

Contract Changes

On May 20, 1925, the Third Congress of Soviets of the USSR decided to indicate the Turkmen SSR and the Uzbek SSR in the union treaty. In this regard, the number of members of the CEC Presidium was increased from 21 to 27, and the number of CEC chairmen was also increased ^[3] .

On December 5, 1929, the CEC of the USSR decided to indicate the Tajik SSR in the treaty ^[4] .

On February 5, 1935, the VII Congress of Soviets amended the creation of the USSR prosecutor’s office ^[5] .

On March 9, 1990, the Supreme Council of the Georgian SSR adopted a decree “On guarantees of protection of the state sovereignty of Georgia,” which announced that “the Treaty on the Formation of the Union of Soviet Socialist Republics of December 30, 1922 is illegal with respect to Georgia” ^[6] , but on the restoration of independence Georgia was announced only on April 9, 1991 .

On October 18, 1991, the Supreme Council of the Azerbaijan SSR adopted the constitutional act "On State Independence of the Republic of Azerbaijan", which announced that "the Treaty on the Formation of the USSR of December 30, 1922 is invalid from the moment of signing in the part relating to Azerbaijan" ^[7] .

On December 5, 1991, the Supreme Council of Ukraine adopted the appeal “To Parliaments and Peoples of the World”, which announced that “The 1922 Treaty on the Establishment of the Union of Soviet Socialist Republics, Ukraine considers regarding itself to be invalid and invalid” ^[8] . 5 days later, the Supreme Council of the Republic of Belarus decided to denounce the 1922 Treaty on the Formation of the USSR and consider it inoperative in relation to the Republic of Belarus ^{[9] [10] [11]} .

In Russia, the treaty was denounced on December 12, 1991 by Resolution of the Supreme Council of the RSFSR No. 2015-I, referring to paragraph 15 of Article 109 of the Constitution of the RSFSR (“The Supreme Council of the RSFSR ratifies and denounces international treaties of the RSFSR”) ^{[12] [13]} . The initiator of the denunciation of the contract, a member of the Supreme Council of the RSFSR Sergey Shakhrai before making the decision, said:

The 1922 treaty as a treaty, as an agreement of the parties, signed by the heads of state and then ratified by their parliaments, was never signed, was not concluded. At the I Congress of Soviets in 1922, it was recorded that the Treaty was approved mainly and sent for revision to the republics. At the II Congress, a completely different text was already adopted under the same name, and again not by the republics, but by voting at the congress, moreover, there were more than 50 deputies from the Russian Federation and 33 from Belarus. This cannot be called a treaty in the pure sense of the word. And even if we assume that the agreement was still there, then in 1936, with the adoption of the Constitution, it lost its force. But it so happened historically that there was this concept - the “1922 Treaty”, and therefore the parliaments of Ukraine and the Republic of Belarus decided to denounce this document. For legal purity, as they say. We, the Russian Federation, I believe, should go the same way.

- ^[14]

In 1992, a group of 86 deputies of the RSFSR filed a petition with the Constitutional Court to verify the legality of the decisions of the Supreme Council of the RSFSR of December 12, 1991, "On Ratification of the Agreement on the Creation of the Commonwealth of Independent States" and "On the Denunciation of the Treaty on the Formation of the USSR" ^[15] . The Constitutional Court of the Russian Federation accepted the application for consideration, but never considered it ^[16] .

The position of R.I. Khasbulatov

R. I. Khasbulatov , who signed the resolution on the denunciation of the Union Treaty as chairman of the Supreme Council of Russia, subsequently stated that the treaty ceased to exist as a state legal document with the adoption of the first Constitution of the USSR in 1924 ^[17] .

State Duma of Russia

March 15, 1996, the State Duma of the Federal Assembly of the Russian Federation , relying on "the will of the majority of the country's population, expressed in a referendum of the USSR on March 17, 1991 ", its resolution "On deepening the integration of peoples united in the USSR, and the repeal of the Decree of the Supreme Council of the RSFSR of 12 On December 1, 1991, “On the denunciation of the Treaty on the Formation of the USSR”, the Decree of the Supreme Council of the RSFSR of December 12, 1991, “On denunciation of the Treaty on the Formation of the USSR" ^[18] , was declared invalid.

In the resolution “On the appeal of the State Duma of the Federal Assembly of the Russian Federation“ to members of the Council of the Federation of the Federal Assembly of the Russian Federation “” ^[19] dated April 10, 1996, State Duma deputies expressed their position with respect to the resolution of the Supreme Council of the RSFSR “On the denunciation of the Treaty on the Formation of the USSR” as an unlawful, unconstitutional act, adopted with a gross violation of the Constitution of the RSFSR, international law and applicable law at that time, since

“The Treaty on the Formation of the USSR of 1922, which the Supreme Council of the RSFSR“ denounced ”on December 12, 1991, did not exist as an independent legal document. The original version of this Treaty was subjected to radical processing and already in a revised form entered the 1924 Constitution of the USSR. In 1936, a new Constitution of the USSR was adopted, with the entry into force of which the Constitution of the USSR of 1924 ceased to operate, including the 1922 Treaty on the Formation of the USSR ” ^[19] .

At the same time, the deputies added that the decisions on the denunciation of the Bialowieza Agreement regarding the termination of the USSR and on the cancellation of the denunciation of the 1922 Union Treaty do not affect the sovereignty of the Russian Federation and other CIS member states (since “in accordance with the 1977 Constitution of the USSR, the Russian Federation, as and other union republics, was a sovereign state ”), nor on the existence of the Commonwealth of Independent States ^[19] .

In legal science, opposing views are expressed on the legal nature of the 1922 Treaty on the Formation of the USSR.

P. P. Kremnev believes that the treaty had an international legal character and was valid from the moment of its adoption until the collapse of the USSR, therefore, the USSR was rightfully liquidated by the denunciation of the Treaty on the Formation of the USSR ^[20] .

D. A. Lukashevich, who considers the Treaty on the Formation of the USSR of 1922 a constituent act having a domestic legal nature, takes a diametrically opposite position. D. A. Lukashevich writes: “... the agreement on the formation of the USSR in 1922 was not an international legal act, but a constituent act of a domestic nature . The function of this treaty is only to establish a state, and not to legitimize its existence. Just as it is impossible to liquidate a legal entity by terminating an agreement on its establishment or “terminating” a person’s life by sending him back to his mother’s womb, it is also impossible to liquidate an entire state simply by denouncing the agreement on its establishment. At the same time, the agreement was not, in the proper sense, an agreement on the creation of a state, but was only part of the future Constitution, and, finally, the 1922 Treaty on the Formation of the USSR was originally conceived as part of this constitution being drafted, and therefore, to “denounce” or otherwise a way to terminate it in December 1991 was simply impossible. The basic law of the state is the Constitution, and there are no “most basic laws” in the form of agreements on the formation of the state or something else ” ^[21] .

• Syktyvkar State University named after the 50th anniversary of the USSR
• Udmurt State University named after the 50th anniversary of the USSR
• Volga Automobile Plant named after the 50th anniversary of the USSR
• Cloak fabric factory named after the 50th anniversary of the USSR (Balashov, Saratov Region)
• Don Mining and Processing Plant named after the 50th anniversary of the USSR
• Kustanai Pedagogical Institute named after the 50th anniversary of the USSR
• NPO Vostokmashzavod named after the 50th anniversary of the USSR
• Tver Order of the Red Banner of Labor Printing Factory named after the 50th anniversary of the USSR
• 95th Separate Leningrad Red Banner Communication Brigade named after the 50th anniversary of the USSR
• The 339th Separate Brigade of the 50th Anniversary of the USSR Northern Fleet Constructing, Training and Repairing Submarines
• PA "Red Kotelshchik" named after the 60th anniversary of the USSR
• Arkhangelsk Pulp and Paper Mill named after the 60th anniversary of the USSR
• Syzran Higher Military Aviation School named after the 60th anniversary of the USSR
• 60th Taman Missile Order of the October Revolution, Red Banner Division named after the 60th anniversary of the USSR ( Light ( Tatishchevo -5))
• 62nd missile Uzhursky Red Banner Division named after the 60th anniversary of the USSR ( Solnechny (Uzhur-4) )
• The 810th Separate Guards Order of Zhukov, Marine Corps Brigade named after the 60th anniversary of the formation of the USSR
• Prospect 60 years of the USSR ( Lipetsk )
• pl. 50th anniversary of the USSR ( Sevastopol )

• History of the USSR
• Baltic annexation to the USSR
• The collapse of the USSR
• Bialowieza Agreement
• Union of Sovereign States
• Commonwealth of Independent States

• Лукашевич Д. А. Правовая природа Договора об образовании СССР 1922 г. // Вестн. Mos. Ун-та. Ser. 11. Право. 2011. № 4. С. 95-104.
• Лукашевич Д.А . Юридический механизм разрушения СССР. М., 2016.
• Кремнев П. П. Распад СССР: международно-правовые проблемы. — М.: Зерцало-М, 2005.

• Договор об образовании СССР // Дебитор — Евкалипт. - M .: Soviet Encyclopedia, 1972. - ( Great Soviet Encyclopedia : [in 30 vols.] / Ch. Ed. A. M. Prokhorov ; 1969-1978, vol. 8).
• Скан подлинника (нем.) . www.1000dokumente.de . Date of treatment January 14, 2019.

• Ростислав Камеристов. Союз, которого не было. Почему СССР оказался фантомом (рус.) . focus.ua . Date of treatment January 14, 2019.
• Буткевич, В. Г. . Была ли Украина действительно связана Союзным Договором 1922 года? (unspecified) .
• Е. А. Лукьянова РОССИЙСКАЯ ГОСУДАРСТВЕННОСТЬ И КОНСТИТУЦИОННОЕ ЗАКОНОДАТЕЛЬСТВО В РОССИИ /1917-1993/ (рус.) . leftinmsu.narod.ru . Date of treatment January 14, 2019.
• Декларация и Договор об Образовании Союза Советских Социалистических Республик . 30.12.1922. Project of the Russian Military Historical Society "100 main documents of Russian history."