Supreme Court of the Soviet Union
Supreme Court of the Soviet Union
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Supreme Court of the Soviet Union

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Supreme Court of the Soviet Union

The Supreme Court of the Soviet Union, officially the Supreme Court of the USSR (Russian: Верховный Суд СССР) was the highest court of the Soviet Union during its existence. It was established on November 23, 1923 and was dissolved on January 2, 1992. The Supreme Court of the USSR included a Military Collegium and other elements which were not typical of supreme courts found in other countries, then or now. Its role, power and function evolved throughout the history of the USSR. The first chairman of the Supreme Court was Nikolai Krylenko.

Article 12 of the Treaty on the Creation of the Union of Soviet Socialist Republics articulated the functions of the Supreme Court of the Soviet Union "with the functions of supreme judicial control" under the Central Executive Committee of the Soviet Union. Therefore, the question of the need to create a Supreme Court arose after the Soviet Union was established.[citation needed]

On November 23, 1923, the Statute on the USSR Supreme Court officially established the Supreme Court of the Soviet Union. Although it only had its first plenary session on April 19, 1924, in which organisation, measures, and forms of activity for the Court were discussed.

The 1924 Constitution of the Soviet Union codified the existence of the Supreme Court of the Soviet Union constitutionally.

When the Soviet legal system was established, it was intended to serve the proletariat through the Communist Party. To assure this would be the case, the Communist Party packed the courts with loyal and trusted party members. Complications arose from this court packing as many Soviet jurists lacked legal training or judicial experience, a situation that led to a large number of appeals. The USSR Supreme Court played a limited role in regular legal affairs, as per the 1924 Constitution of the Soviet Union, meaning that appellate cases from the Soviet Republic courts could not be appealed to the USSR Supreme Court, only the Republic Supreme Courts. The Supreme Court was consequently limited to cases from military tribunals. Republic courts could issue policy directives, whereas the USSR Supreme Court could only do so in relation to Soviet law.

The primary role of the USSR Supreme Court was constitutional review. The Supreme Court assessed Republic law to ensure consistency with Soviet law, at the behest of Central Executive Committee of the Soviet Union. It mostly served an advisory role, as it was the duty of the Central Executive Committee to act upon the court's interpretation.

In 1929, the constitutional activity of the Supreme Court ended. Stalin's Collectivisation programs led to the simplification of the legal system and legal norms; courts were expected to serve political goals. The attention of the USSR Supreme Court was directed towards monitoring lower courts. In 1934, the USSR Supreme Court gained the legal authority to issue instructions, obtain reports, and conduct surveys of lower courts.

During Stalin's Purges, charges were brought in various courts, including provincial courts, Republic Courts and the USSR Supreme Court. Eventually, in 1938 almost all members of the USSR Supreme Court were purged; most were sent to labor camps. Stalin installed new judges in the USSR Supreme Court, who were given significantly more power under the 1936 Constitution of the Soviet Union. The USSR Supreme Court was empowered to examine provincial court cases, thus bypassing Republic Supreme Courts.

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