Chalidze, "Important Aspects of Human Rights in the Soviet Union."

Chalidze, Valerii. "Important Aspects of Human Rights in the Soviet Union." In The Political, Social and Religious Thought of Russian 'Samizdat'- An Anthology.  Edited by Michael Meerson-Aksenov and Boris Shagrin. Translated by Nicolas Lupinin. 19-46. Massachusetts: Nordland Publishing Company, 1977.


Dec. 10 1970


"Soviet jurists are working together with their Western colleagues to draft U.N. instruments on human rights. In view of the refusal to collaborate in oter fields of law, this fact is so important that the reaction of the press and official organs to this cooperation of countries with different legal doctrines does not matter at all...It is important that Soviet legislators and jurists recognize the general significance of fundamental human rights." (M-A, 204)


"Article 4 of the former civil code of the R.S.F.S.R declares: 'In order to develop the productive forces of te country, the R.S.F.S.R. grants civil legal capacity (the capacity to enjoy the rights  and obligations of a citizen) to all citizens not restricted in their rights by a court.' We should not be surprised if people have distorted idea of human rights in a country where, for more than forty years, the rule prevailed that a man enjoys civil rights not simply because he is a man, but because they are granted by the state." (M-A, 204) 


"The progress of law, spurred on by the struggle for rights, led to the principle 'anything not prohibited is permitted.' This means that a man may lawfully do anything that is not prohibited by statute" (M-A, 204-205)


"There are always difficulties in the correct interpretation of legal norms if only because of the poor language of the legislation and naturally the improvement of this language is desirable. Sufficient examples of imprecise laws (perhaps intentionally imprecise) are known. In recent years public appeals have directed attention to major defects in Articles 70 and 190-1 of the Criminal Code of the R.S.F.S.R.' in particular to the understanding of such concepts as 'dissemination,' 'deliberate fabrication,' 'anti-Soviet propaganda.' 'Soviet system' and others. This criticism is timely. This imprecise prohibition impairs the guaranteed (here a constitutional guarantee) of free speech and makes persecution for beliefs easier." (M-A, 208)


"Here is an example of a construction which abolishes a right guaranteed by law. Article 479 of the Civil Code of the R.S.F.S.R. guarantees the right of an author 'to the publication, reproduction and dissemination of his works by all means permitted by law.' A commentator connects this right exclusively with the impermissibility of publication without the author's consent although this safeguard is not contained in the article cited (it might have read 'only the author of the work enjoys the right...') The guarantee of the author's right of publication disappears in the commentary: 'Without the author's consent, the publication of his work is prohibited, but as to the necessity of publishing his work-this question is decided by the socialist organizations responsible for the selection and dissemination of useful works...' The author's right cited above, which the commentator annuls, includes not only the right of publication but also the right of dissemination by all legal (here it is to be supposed 'not prohibited') means. The abrogation of this right can place in jeopardy in the U.S.S.R. the freedom to produce copies on a typewriter and the freedom to indulge in amateur photgraphy and therefore the right to produce samizdat. But published acts of the R.S.F.S.R. do not contain any restriction on the reproduction of texts on a typewriter or by photocopying...


Another commentator provides an example of a construction which restricts the extent of the right guaranteed. Article 125 of the Constitution provides, in part: 'In conformity with the intersts of the working people, and in order to strengthen the socialist system, the citizens of the U.S.S.R are guaranteed by law:
a. freedom of speech
b. freedom of press
c. freedom of assembly and meeting
d. freedom of street processions and demonstrations.'


In the above text the legislator states that the legal guarantees in question correspond to the interests of the working people and to the foal of strengthening the socialist system. The commentator found it possible to twist the meaning of the law: 'The Constitution of the U.S.S.R., guaranteeing citizens freedom of speech, press, assembly, meeting, street processions and demonstrations, requires that these freedoms be excersised in conformity with the interests of the working class and in order to strengthen the socialist system.' P Litinov (when he was on trial) called attention to similar distortions of interpretation." (M-A, 211)


"We must strive for publicity in all matters pertaining to the defense of rights. Open court proceedings, public discussion of administrative decisions on rights, press coverage of the problem of rights--only when all this becomes customary can we hope for increasing effective protection of human rights. The last five years have demonstrated the great interest of society in the protection of human rights--individuals have suffered many hardships but they have never ceased to speak out publicly expressing their views on violations of the law and on human rights. Thanks to this society has found out about the most important court proceedings and about extralegal violations of human rights." (M-A, 218)