THE CONSTITUTION IS THE BASIS OF THE SOVIET CONSTITUTIONALISM OF THE PERIOD OF THE STATE OF THE DICTATORSHIP OF THE PROLETARIAN
The problem of constitutionalism after many years of actual oblivion is today at the center of attention of Russian social scientists. And this is not accidental. Constitutionalism is the most important attribute, the fundamental institution, the most important indicator of a democratic, legal, constitutional state, functioning on the basis of the principle of separation of powers. And this is what our country proclaims in the Basic Law of the Russian Federation of 1993. We have accumulated quite a lot of experience here both theoretically and practically. Its study, analysis gives, first of all, the opportunity to identify, isolate, offer all that was positive, effective, progressive in the past and could be successfully used in the conditions of modern Russia. And precisely this is the focus of the presented article, that is its task, its purpose. In a generalized form it is devoted to such an important, fundamental, starting question in the field under study, as a role, the importance of the constitution for constitutionalism. When researching this covers, the complex, contradictory legal period in the history of our country is very limited - the period of the state of the dictatorship of the proletariat (October 1917 - 1936) It should be noted that the study of this problem is also being paid attention to abroad (Sharlet R. - USA, Ginzburg D. - USA, Meisner B. - Germany, Fink M. - Germany, Yarosh Z. - Poland), and nowadays ( Butler U. - USA, Blankenagel A. - Germany, Partlet U. - Austria, Sakwa R. - England, etc.).. In preparing the article, various methods were used, primarily dogmatic, historical and legal, comparative-legal. First of all, the author's position on such a complex, controversial issue as the concept of «constitutionalism» is presented. Its three sides are singled out. First, the starting point, the starting point here is the existence of a constitution. There is a constitution - there is constitutionalism, there is no constitution - there is no constitutionalism. Secondly, practical constitutionalism, i.e. As in everyday life acts that are fixed in the basic law. Third, theoretical constitutionalism, that is, accumulated knowledge in the society on this issue. A very revealing, eloquent history of Soviet constitutions (more than 100 basic laws for this period) is also noted. All of them in one way or another contained, fixed the attributes of constitutionalism. The author's periodization of Soviet constitutionalism is proposed. It is based on the periodization of the socio-economic development of the USSR; classification of the types of Soviet constitutions. The paper presents a detailed analysis of the situation, first of all, the Constitution of the RSFSR of 1918, the Constitutions of the USSR of 1924, which testifies to the existence of practical constitutionalism in the Soviet state during the period of the dictatorship of the proletariat. The position reflecting the specifics of the social and economic development of socialism itself in this years in our country is also singled out. The emphasis is on the form, nature, content, scope of fixing certain issues in the basic laws. At the same time, it is especially noted that many decisions and designs were offered for the first time in world constitutional practice. They further developed, improved from the constitution to the constitution. This applies in full to the current Constitution of the Russian Federation in 1993. This should include, for example, issues of constitutional regulation of the economic system, the activities of public organizations, the status of a person, a citizen, and above all their rights, freedoms, guarantees. In this regard, attention is drawn to the fact that in the 60s of the last century in the capitalist countries the thesis that the USSR's constitutional experience began to be used in them, and mainly concerning the constitutional rights and freedoms of citizens, sounded clear. The conclusions contained in the article are of practical importance. First of all, they can be used in the development, preparation of new constitutional legislation, as well as the study of courses in the theory of state and law, the history of the state and law of the Russian Federation, the constitutional law of the Russian Federation in higher education institutions. The article is of interest for both theorists and practitioners, students, graduate students, as well as for all those who are interested in the constitutional law, the history of our Fatherland.