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October Manifesto (1905), Constitution of the Ussr (1936), an administrative exile (expulsion), a right to judicial protection. A note on a theory of law
Аннотация: MMMDCXCI. The October Manifesto (1905), the Constitution of the USSR (1936), an administrative exile (expulsion), a right to judicial protection. A note on a theory of law. - August 23, 2025.
The October Manifesto (1905), the Constitution of the USSR (1936), an administrative exile (expulsion), a right to judicial protection. A note on a theory of law.
A notable legal event in Russia was the publication of the October Manifesto (1905) [Manifesto of October 17, 1905].
After 31 years, the Constitution of the USSR (1936) was adopted.
The October Manifesto (1905) spoke briefly about the rights of citizens:
"We [Nicholas II, By the Grace of God Emperor and Autocrat of all Russia] require the government dutifully to execute Our unshakeable will:
1. To grant the population the unshakable foundations of civil freedom on the basis of the actual inviolability of the individual, freedom of conscience, of speech, of assembly and of union. " ('(1.) To grant to the population the essential foundations of civil freedom, based on the principles of genuine inviolability of the person, freedom of conscience, speech, assembly and association.')
The Constitution of the USSR (1936) was a more verbose. This constitution mentioned the freedoms of citizens (freedom of speech, freedom of the press, freedom of assembly and rally, freedom of street processions and demonstrations), and also gave a kind of guarantee obligation: "Article 127. Citizens of the USSR are provided with personal integrity. (...)".
However, who was the guarantor of the Constitution (1936)? - The answer to this question had to be sought through logical reasoning.
Both in the tsarist Russia and in the USSR there was an institution of administrative exile (expulsion) [Administrative - that is, without a court participation, without a court act - penal transportation (or simply transportation) was the relocation of convicted criminals, or other persons regarded as undesirable, to a distant place, for a specified term]. A citizen who was subjected to administrative exile (expulsion) was not sent to places of deprivation of liberty, but his rights significantly changed to the worst side, a very undesirable obligations were imposed on such a citizen.
"On April 26 (May 9), 1917, political exile was officially abolished. However, already in the 1920s, Soviet power restored political exile. "
For example, "According to the " Directive on the eviction of a socially alien element from the republics of the Baltic States, Western Ukraine and Western Belarus and Moldova" of the NKVD of the USSR, the following categories of persons were subject to administrative eviction to the interior of the USSR:
members of counter-revolutionary parties and anti-Soviet nationalist organizations (...) (...). "
It would seem that the law researcher can to see a deep contradiction between legal declarations and legal practice.
However, a rational explanation can be found for this contradiction.
The Manifesto (1905) did not speak at all about the right of citizens to judicial protection.
The Constitution of the USSR (1936) stated: "Article 127. (...) No one may be arrested except by order of a court or with a sanction of a prosecutor. "
And what about 'exile (expulsion)'? These legal institutions were not mentioned in article 127 of the Constitution of the USSR (1936).
That is, for administrative exile (expulsion) - if to follow the text of Article 127 of the USSR Constitution (1936) - an order of a court or a sanction of a prosecutor was not required.
But interested citizens had the right to apply with applications and proposals to state bodies to supplement Article 127 (the Constitutional Court did not exist at that time).
In addition, Article 111 of the Constitution of the USSR (1936) stated: "The proceedings in all courts of the USSR are open [citizens are allowed to observe a course of the judicial proceedings], if a law does not provide for exceptions, with an ensuring the accused's right to defense."
That is, logically speaking, a citizen has a right to know what he was accused of. And after he found out what he was accused of, he have a right in open litigation to defend his rights. However, Article 111 links the right to judicial protection with the litigation that has already begun.
The peculiarity of administrative exile (expulsion) was that this administrative measure, restricting the rights and freedoms of a citizen, infringing on his constitutional interests and imposing on him additional (undesirable, very unpleasant for a citizen) duties, was applied outside a court proceeding.
Thus, a use of administrative exile (expulsion) after the publication of the October Manifesto (1905) and after the adoption of the Constitution of the USSR (1936) was largely due to the lack of a clear consolidation in these legal acts (and in the legislation of that time) of a right to judicial protection (of the possibility to protect rights through a court - in accordance with a rules of a court proceedings).
August 23, 2025 10:31 (10:31 AM)
Translation from Russian into English: August 24, 2025 12:47
Владимир Владимирович Залесский ' Октябрьский манифест (1905), Конституция СССР (1936), административная ссылка (высылка), право на судебную защиту. Теоретико-правовая заметка. '
{3720. Октябрьский манифест (1905), Конституция СССР (1936), административная ссылка (высылка), право на судебную защиту. Теоретико-правовая заметка. - 23 августа 2025 г.
MMMDCXCI. The October Manifesto (1905), the Constitution of the USSR (1936), an administrative exile (expulsion), a right to judicial protection. A note on a theory of law. - August 23, 2025.
Vladimir Zalessky Internet-bibliotheca. Интернет-библиотека Владимира Залесского}