Chapter X
THE CONGRESSES OF THE SOVIETS

53. Congresses of Soviets are composed as follows:

(a) Regional: of representatives of the urban and county Soviets, one representative for 25,000 inhabitants of the county, and one representative for 5,000 voters of the cities—but not more than 500 representatives for the entire region—or of representatives of the provincial Congresses, chosen on the same basis, if such a Congress meets before the regional Congress.

(b) Provincial (Gubernia): of representatives of urban and rural (Volost) Soviets, one representative for 10,000 inhabitants from the rural districts, and one representative for 2,000 voters in the city; altogether not more than 300 representatives for the entire province. In case the county Congress meets before the provincial, election takes place on the same basis, but by the county Congress instead of the rural.

(c) County: of representatives of rural Soviets, one delegate for each 1,000 inhabitants, but not more than 300 delegates for the entire county.

(d) Rural (Volost): of representatives of all village Soviets in the Volost, one delegate for ten members of the Soviet.

Note 1: Representatives of urban Soviets which have a population of not more than 10,000 persons participate in the county Congress; village Soviets of districts less than 1,000 inhabitants unite for the purpose of electing delegates to the county Congress.

Note 2: Rural Soviets of less than ten members send one delegate to the rural (Volost) Congress.

54. Congresses of the Soviets are convoked by the respective Executive Committees upon their own initiative, or upon request of local Soviets comprising not less than one-third of the entire population of the given district. In any case they are convoked at least twice a year for regions, every three months for provinces and counties, and once a month for rural districts.

55. Every Congress of Soviets (regional, provincial, county, or rural) elects its Executive organ—an Executive Committee the membership of which shall not exceed: (a) for regions and provinces, twenty-five; (b) for a county, twenty; (c) for a rural district, ten. The Executive Committee is responsible to the Congress which elected it.

56. In the boundaries of the respective territories the Congress is the supreme power; during intervals between the convocations of the Congress, the Executive Committee is the supreme power.

Chapter XI
THE SOVIET OF DEPUTIES

57. Soviets of Deputies are formed:

(a) In cities, one deputy for each 1,000 inhabitants; the total to be not less than fifty and not more than 1,000 members.

(b) All other settlements (towns, villages, hamlets, etc.) of less than 10,000 inhabitants, one deputy for each 100 inhabitants; the total to be not less than three and not more than fifty deputies for each settlement.

Term of the deputy, three months.

Note: In small rural sections, whenever possible, all questions shall be decided at general meetings of voters.

58. The Soviet of Deputies elects an Executive Committee to deal with current affairs; not more than five members for rural districts, one for every fifty members of the Soviets of cities, but not more than fifteen and not less than three in the aggregate (Petrograd and Moscow not more than forty). The Executive Committee is entirely responsible to the Soviet which elected it.

59. The Soviet of Deputies is convoked by the Executive Committee upon its own initiative, or upon the request of not less than one-half of the membership of the Soviet; in any case at least once a week in cities, and twice a week in rural sections.

60. Within its jurisdiction the Soviet, and in cases mentioned in Section 57, Note, the meeting of the voters is the supreme power in the given district.

Chapter XII
JURISDICTION OF THE LOCAL ORGANS OF THE SOVIETS

61. Regional, provincial, county, and rural organs of the Soviet power and also the Soviets of Deputies have to perform the following duties:

(a) Carry out all orders of the respective higher organs of the Soviet power.

(b) Take all steps for raising the cultural and economic standard of the given territory.

(c) Decide all questions of local importance within their respective territories.

(d) Co-ordinate all Soviet activity in their respective territories.

62. The Congresses of Soviets and their Executive Committees have the right to control the activity of the local Soviets (i.e., the regional Congress controls all Soviets of the respective region; the provincial, of the respective province, with the exception of the urban Soviets, etc.); and the regional and provincial Congresses and their Executive Committees have in addition the right to overrule the decisions of the Soviets of their districts, giving notice in important cases to the central Soviet authority.

63. For the purpose of performing their duties, the local Soviets, rural and urban, and the Executive Committees form sections respectively.

It is a significant and notable fact that nowhere in the whole of this remarkable document is there any provision which assures to the individual voter, or to any group, party, or other organization of voters, assurance of the right to make nominations for any office in the whole system of government. Incredible as it may seem, this is literally and exactly true. The urban Soviet consists of “one deputy for each 1,000 inhabitants,” but there is nowhere a sentence prescribing how these deputies are to be nominated or by whom. The village Soviet consists of “one deputy for each 100 inhabitants,” but there is nowhere a sentence to show how these deputies are to be nominated, or wherein the right to make nominations is vested. The Volost Congress is composed of “representatives of all village Soviets” and the County Congress (Oyezd) of “representatives of rural Soviets.” In both these cases the representatives are termed “delegates,” but there is no intimation of how they are nominated, or what their qualifications are. The Provincial Congress (Gubernia) is composed of “representatives of urban and rural (Volost) Soviets.” In this case the word “representatives” is maintained throughout; the word “delegates” does not appear. In this provision, as in the others, there is no intimation of how they are nominated, or whether they are elected or designated.

It can hardly be gainsaid that the Constitution of the Russian Socialist Federal Soviet Republic is characterized by loose construction, vagueness where definiteness is essential, and a marked deficiency of those safeguards and guaranties which ought to be incorporated into a written constitution. There is, for example, no provision for that immunity of parliamentary representatives from arrest for libel, sedition, and the like, which is enjoyed in practically all other countries. Even under Czar Nicholas II this principle of parliamentary immunity was always observed until November, 1916, when the ferment of revolution was already manifesting itself. It requires no expert legal knowledge or training to perceive that the fundamental instrument of the political and legal system of Soviet Russia fails to provide adequate protection for the rights and liberties of its citizens.

Let us consider now another matter of cardinal importance, the complex and tedious processes which intervene between the citizen-voter and the “Council of People’s Commissars.”

(1) The electorate is divided into two groups or divisions, the urban and the rural. Those entitled to vote in the city form, in the first instance, the Soviet of the shop, factory, trades-union, or professional association, as the case may be. Those entitled to vote in the rural village form, in the first instance, the village Soviet.