Постановление "О точном соблюдении законов" и принцип законности в РСФСР (1917-1921 гг.)

Российский юридический журнал. 2026. № 1.

Абакумова Е. В.

The article focuses on the challenges associated with the proclamation and implementation of the principle of legality during the formative years of Soviet power. The most significant normative legal instrument regulating this matter was the resolution of the All-Russian Congress of Soviets, entitled "On the exact observance of laws," which was adopted on November 8, 1918. The content of the resolution proved to be ambiguous: while the state called for strict observance of laws, it also permitted authorities and officials to violate these norms in cases of extreme necessity. The Soviet authorities during this period were reluctant to proclaim the supremacy of the law in its entirety, given the Marxist theory that law would become obsolete as communism was established. Furthermore, Soviet legislation was still in its infancy and lacked coherence. Nevertheless, the notion of the necessity of compliance with the law was gradually, albeit with reservations, established in the rhetoric and law  enforcement practices of central and local authorities, as well as in the mass legal consciousness. Compliance with the law was considered an important instrument for strengthening Soviet power, although it was not regarded as an intrinsic value.

Keywords: legality, советское право, законность, правовой нигилизм, legal nihilism, soviet law, revolutionary expediency, революционная целесообразность