O rekodyfikacji radzieckiego postępowania cywilnego

Abstract

The Soviet civil procedure was codified two times. In both cases the codification of the Soviet civil procedure fell on the times of a political liberalization. In spite of criticism directed at law deriving from the period of the New Economic Policy, works on a new Soviet civil procedure began after Stalin’s death. The legislation of a new second Russian Federal Socialistic Soviet Republic code of civil procedure took place within the scope of a general recodification of the Soviet law between 1954 and 1964. It was the period characterized by a tendency to systematize the legal material, as well as liberalization in the field of material law and court procedures. All republics legislated new codes of the civil procedure basing on the principles of the civil procedures of the Soviet Union and union republics between 1964 and 1965. The new Russian Federal Socialistic Soviet Republic code of the civil procedure was legislated on 11 June 1964. It was in force on 1 October 1964 and lost its power on 1 February 2003. It was being changed 16 times till the end of the system. The very code was a specific combination of some elements of the European tradition of the civilest and socialist law and order with a bit of the former and pre-revolutionary Russian tradition. The use of code regulations of the civil procedure in the Soviet Union in the Soviet legal reality marginalizing a private law in favour of an economic one was restricted. A state economic arbitration integrally combined with administration played a key role in the nationalized economy and its judges did not possess an attribute of independence. Only the cases within the family law, labour law and other of a little economic value were adjudicated during a civil procedure regulated in the Soviet civil law code.