NCJ Number
130166
Journal
American Journal of Comparative Law Volume: 38 Issue: 1 Dated: (Winter 1990) Pages: 127-142
Date Published
1990
Length
16 pages
Annotation
The article outlines the development of the USSR Supreme Court. It focuses on the changes in its responsibilities; describes the structure, functions, and personnel of the Court in the 1980s; and explores how the Gorbachev Revolution may once again transform it.
Abstract
The article proposes the idea that to appreciate the USSR Supreme Court today and its prospects, it is essential to understand its history. The Bolsheviks inherited a weak legal tradition and legal institutions that penetrated little beyond the cities in a predominantly rural country. Underlying Soviet law was the cardinal assumption that law was an instrument of rule, not an end in itself. The main function of the USSR Supreme Court in the 1920s was constitutional review. In the 1930s, the USSR Supreme Court assumed a major role in the administration of justice and became a large body. The effect of Stalin's death on the Soviet legal system is discussed, and the contemporary Supreme Court's structure, personnel, and functions are presented. The role of the USSR Supreme Court in the era of legal reform concludes the article. 43 footnotes