Creation of the Supreme Court of the Soviet Union

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.^[5] Therefore, the question of the need to create a Supreme Court arose after the Soviet Union was established.

On November 23, 1923, the Presidium of the Central Executive Committee of the USSR adopted the first Regulation on the Supreme Court of the USSR, which determined the status, competence and procedure for the activity of the Supreme Court.

The 1924 Constitution of the Soviet Union codified the existence of the Supreme Court of the Soviet Union constitutionally.^[6]

Lenin Era

When the Soviet legal system was established, it was intended to serve the proleteriat through the Communist Party. In order to assure this would be the case, the Communist Party packed the courts with its own members. Complications arose from this as they lacked legal experience, and thus led to a large number of appeals. The USSR Supreme Court played little role in legal affairs as the 1924 Constitution of the Soviet Union meant that appeals from the Soviet Republic courts could not be appealed to the USSR Supreme Court, only the Republic Supreme Courts. The USSR 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.^[4]

The primary role of the USSR Supreme Court was constitutional review. The USSR Supreme Court assessed Republic law to ensure consistency with Soviet law, at the request of Central Executive Committee of the Soviet Union. It was mostly advisory as it was the function of the Central Executive Committee to act upon the court's interpretation.^[4]

Stalin Era

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.^[4]

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.^[4]

Post-Stalin Era

During De-Stalinization, Soviet criminal law from the Stalin Era was revised, including the elimination of harsh penalties for labor infractions, abortion, and petty theft. In 1957, Khrushchev with an agenda of decentralisation of governmental authority, eliminated the appellate jurisdiction the USSR Supreme Court had over other courts. Instead of the Supreme Court being allowed review case decisions from any court, it was reduced to its most basic role outlined in the 1936 Constitution, of supervising whether decisions taken by Republic Supreme Courts conflicted with Soviet law.^[7][4] The diminished work of the USSR Supreme Court called for it to be reduced in size. Thus, in the same year of 1957, the Supreme Court was reconstituted with 12 judges, which included the chief justice and his two deputies; the Supreme Court could be expanded, reconstituted, and reduced in size by vote of the Supreme Soviet of the Soviet Union. Potential nominees had to pass the scrutiny of the Chairman of the Supreme Court and the Minister of Justice. Later in 1962, the Court instituted a Scientific Advisory Council, which introduced legal scholars into the process of formulating judicial directives as consultants.^[4]

Gorbachev Era

Gorbachev's policies of reform allowed for the press and jurists to expose the abuses in the Soviet administration of justice. This was to also to start a movement for judicial reform. The USSR Supreme Court contributed to the legitimisation of Gorbachev's reforms, not just purely in justice, as it played a role in reintroducing the arts that Stalin once repressed. Additionally, political leaders whom were initially purged or condemned by the Soviet Union, were revived by Supreme Court investigations. Most notably, it found that Bukharin's ruling was no longer law. From 1985 to 1987, the USSR Supreme Court rehabilitated 240 people from the Stalin Era.^[4]

It was proposed that the constitutional functions of the USSR Supreme Court would be returned, chiefly in relation to the instructions and directives of bureaucratic agencies. This was not a new, as it was previously in discussion for the 1977 Constitution of the Soviet Union.^[4]

Dissolution of the Supreme Court of the Soviet Union

After the dissolution of the Soviet Union, the Presidium of the Supreme Soviet of the RSFSR created a resolution on December 28, 1991, which was to abolish the Supreme Court of the Soviet Union by January 2, 1992. This was part of the policy to abolish the remaining organs of the Soviet Union. The successor institution of the Supreme Court of the Soviet Union became the Supreme Court of the RSFSR. Liquidation commissions were established as part of this process to facilitate the Supreme Court's abolition. The final act dismissed employees of the Supreme Court.^[2]