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by The Socialist Utopia of Ex Patrian SSR. . 521 reads.

Constitution of Soviet Democracy


Constitution of Soviet Democracy
Конституция Советской Демократии
Ratified March 3rd, 2019

Preamble

Soviet Democracy, having been founded on March the 2nd, 2018, serves as a bastion of freedom, goodwill, community, democracy, and socialism in a world of bureaucracy and reactionism. Inspired by the Union of Soviet Socialist Republics and the great revolutionary Vladimir Lenin, we are steadfast in our commitment to a better world. Alas, our goals will not be achieved without error, and may we reflect on the oversights and errors of history to strengthen our union. The struggle of our peoples continue, but by their hand may we emerge victoriously.

I: Foundations

  1. Soviet Democracy, otherwise known as Советская Демократия (Sovetskaya Demokratiya), is defined as a communal geopolitical entity existing on the platforms of NationStates and Discord, in the forms of the region Soviet Democracy and the LinkSoviet Democracy Discord Server.

  2. Soviet Democracy shall be governed under the principles of democracy and socialism in a way which truly represents the will of its populace.

  3. Soviet Democracy is sovereign and indivisible; it shall not fall under the control of any external polity, nor shall any separatist organisation be granted legitimacy.

  4. All power of regional direction is exercised under the sagacity of the People's Soviet, comprised by the active compatriots of Soviet Democracy.

  5. Soviet Democratic peoples are equal under the law; no legislation or decree which differentiates the rights of or regulations on any distinguished group of citizens from another shall be passed.

  6. Soviet Democracy shall be steadfast in opposition to fascism; the values of fascists are incompatible with the values of the Soviet Democratic people. Consequently, fascists may not be considered compatriots of the people, nor may they be considered friends of the state.

  7. Soviet Democracy is an atheist state; religion shall not interfere in policymaking or politics, nor may any religion be promoted by the government.

II: Citizenship

  1. A Citizen of Soviet Democracy is defined as the owner of a NationStates nation who

    1. has a nation located in the region of Soviet Democracy;

    2. holds World Assembly membership on their nation in Soviet Democracy;

    3. possesses an account in the regional Discord server.

  2. The Executive Committee of the People's Soviet of Soviet Democracy is entitled to grant honorary citizenship to nations who do not fulfil all of the above criteria.

  3. Citizenship in Soviet Democracy may be lost when

    1. the citizen no longer meets all of the aforementioned criteria;

    2. it is revoked by legal proceedings;

    3. it is revoked by the Executive Committee.

  4. Citizens may seek employment in state departments at their discretion.

  5. Citizens are guaranteed the right to civil dissent against the state which does not incite disorder or crime.

  6. Citizens are guaranteed the right to free advocation of ideological positions which are not incompatible with the values of the Soviet Democratic people.

  7. Citizens are guaranteed the right to vote for whomsoever they please in regional elections without fear of retribution.

  8. Citizens are guaranteed the right to confidentiality when voting in all-region elections; the state is compelled to take all necessary measures to ensure secrecy in the ballot.

  9. Citizens have the right to freely endorse and unendorse any other World Assembly nation in the region.

  10. Citizens may create and publish news or literary articles and artistic work freely, providing they do not attack the integrity of the Soviet Democratic peoples.

III: The People's Soviet

  1. Soviet Democracy is centrally governed by the People's Soviet, consisting of all active citizens in the region. [1]

  2. The People's Soviet of Soviet Democracy is tasked at its various levels and tiers with creating legislation and laws to govern Soviet Democracy, ensuring the functionality of state departments, maintaining order and executing justice, and furthering the interests of the region-at-large.

  3. A new convocation of the People's Soviet shall be opened every three months. At the beginning of each convocation, the People's Soviet shall elect a Premier to preside over its proceedings and government Commissars to sit on the Executive Committee.

  4. The Premier of Soviet Democracy shall be elected by the People's Soviet on the Saturday closest to three months since the last election, alongside all other Commissars. All members of the People's Soviet may declare themselves as candidates for either the Premiership or a Commissar position, and must receive two nominations from fellow citizens to run. The vote shall be held by secret ballot and will last for 48 hours, subject to extension by the Executive Committee.

  5. The Executive Committee of the People's Soviet is the administrative organ of both the People's Soviet and Soviet Democracy. It shall consist of the Chairman of the Executive Committee, the Premier of Soviet Democracy, all elected Commissars, and the World Assembly Delegate.

  6. Any member of the People's Soviet may submit legislation to the Premier, who in collaboration with the member may edit the proposal for suitability. The Premier shall then approve the proposal and forward it to vote in the People's Soviet.

  7. If the Premier declines to approve the proposal, the member may instead seek the approval of any other two members of the People's Soviet in order to forward the proposal to vote. Those who approve the proposal must declare such before the People's Soviet.

  8. Proposals to the People's Soviet must not contradict currently enforced legislation or the Constitution of Soviet Democracy. Such proposals may be deemed illegal and invalid by a majority vote of the Executive Committee, and as such may not be forwarded to vote. This power may not be used to invalidate legal proposals.

  9. The Executive Committee of the People's Soviet may independently put forward and pass legislation with a majority vote in the Executive Committee. The draft proposal must be presented before the People's Soviet, and members must be given the ability to edit and challenge it. If two members choose to challenge the proposal, it shall be placed to vote before the entire People's Soviet.

  10. Proposals proceeding to vote are entitled to at least twenty-four hours of voting time, and members of the People's Soviet are entitled to be informed of new votes. Any number of more than fifty per cent of all votes in favour of the proposal is classed as a majority.

  11. The People's Soviet is entitled to recall any member of the Executive Committee (other than the Founder and World Assembly delegate) by majority vote. The movement may proceed to vote with the approval of the Premier, or with the approval of two fellow members of the People's Soviet. Should the People's Soviet vote to recall the member, a replacement may be nominated by the Executive Committee or a special election may be held for the rest of the current term.

IV: Administration

  1. The Executive Committee of the People's Soviet is the collective head of state of Soviet Democracy.

  2. The Government of Soviet Democracy shall operate under the Leninist principle of Democratic Centralism, in order to ensure regional unity outside of election campaigns.

  3. The Chairman of the Executive Committee is a position occupied by the Founder of Soviet Democracy unless delegated to another citizen. The Chairman presides over the Executive Committee and is empowered to make administrative decisions pertaining to the region, which can be overruled by a majority vote of the Executive Committee or People's Soviet at-large, and is in charge of regional oversight and administration.

  4. The Premier of Soviet Democracy is the head of government and Chair of the People's Soviet, and is the most powerful elected position in Soviet Democracy. The Premier may propose any motion to the Executive Committee or People's Soviet at will and may organise and develop government actions and policy.

  5. Each Commissar is individually empowered to administrate their Commissariat in accordance within its defined responsibilities. Any policy instated by a Commissar can be overruled by a majority vote of the Executive Committee or People's Soviet at-large.

  6. A candidate must receive a majority of the votes cast to be elected as Premier or as a Commissar of Soviet Democracy; when a majority is not reached during an election, a second round held between the top two polling candidates in each instance shall be held on the Saturday immediately following.

  7. The Executive Committee of the People's Soviet shall be empowered with and is obligated to the following:

    • furthering the values of Soviet Democratic peoples in all its actions;

    • defending the Constitution of Soviet Democracy and ensuring the rights granted within it;

    • ensuring discourse does not damage the unity of Soviet Democracy or violate the principle of Democratic Centralism;

    • defining the directions of all state policy;

    • ensuring the security and integrity of Soviet Democracy through all necessary means;

    • defending Soviet Democracy against its enemies and traitors.

  8. Should the Premier or any Commissar resign from their post, the Executive Committee may elect a successor to serve the rest of that official's term. The Executive Committee or People's Soviet may also propose a motion to trigger an extraordinary election for the vacant position to serve until the end of the current term.

  9. Commissariats are sectors for specific areas of important state administration. The People's Soviet may establish and disestablish Commissariats if proposed by the Premier or Chairman of the Executive Committee.

  10. Committees may be formed within Commissariats as subordinate organisations responsible for administration of a specific duty or duties of a Commissariat. The leaders of these departments shall be appointed by their Commissars with approval from the Executive Committee, and shall be known as Committee Chairs.

  11. The World Assembly Delegate of Soviet Democracy is in charge of World Assembly affairs in Soviet Democracy. The office is occupied by the nation who at any given time possesses the highest number of World Assembly endorsements in the region. The World Assembly Delegate shall be a member of the Executive Committee.

  12. Should Soviet Democracy be subjected to considerable danger, be it from external or internal threats, or any other situation with the potential to cause serious volatility, the Executive Committee collectively or the Chairman are entitled to declare a state of regional emergency. During a state of emergency, the Executive Committee shall act as the sole decision-making polity within Soviet Democracy and reserves the right to suspend laws and clauses of the Constitution. The state of emergency must be renewed every two weeks by the People's Soviet and may be cancelled at any time by the Executive Committee.

V: Justice and Arbitration

  1. Criminal justice and the resolution of legal issues in Soviet Democracy is conducted by the People's Soviet, presided over by the Executive Committee.

  2. Should a law set forth by decree of the People's Soviet or a principle of this Constitution be violated, the state may levy charges against the violator so that they may be tried before the People's Soviet.

  3. Such a trial, which shall be open to viewing by all members of the People's Soviet, shall occur by the official responsible for state prosecution cross-examining and questioning the defendant. The prosecutor shall present all evidence pertaining to the case, and the defendant may present counter-evidence. The trial shall be presided over by the Premier of Soviet Democracy, on behalf of the Executive Committee of the People's Soviet.

  4. Upon the conclusion of the trial, present members of the People's Soviet should deliberate the guilt of the defendant, and privately vote as to whether the defendant is guilty or not guilty. If a majority of the votes received are "guilty", the trial shall proceed to sentencing. If there is not a majority of votes cast as "guilty", the charges against the defendant are to be dropped.

  5. The Premier of Soviet Democracy, as representative of the Executive Committee, shall pass appropriate sentencing upon the convict. Sentences must be within the bounds of existing law and constitutional rights.

  6. In the event an Executive Committee member is on trial or is otherwise personally involved with the trial, they must not participate in deliberations of sentencing. Similarly, any People's Soviet member with involvement in the trial shall not participate in the determination of guilt. Should the Premier of Soviet Democracy be involved, the Chairman of the Executive Committee or another representative shall preside over the trial.

  7. Should there be any civil legal dispute between citizens, groups, or administrative sectors in Soviet Democracy, a hearing is to be held before the People's Soviet.

  8. In such a hearing, both parties in the dispute shall present their cases and legal grounds for their arguments. The Premier, on behalf of the Executive Committee, shall provide fair judgement and resolution on the case. Should the Premier be involved in the dispute, the Chairman of the Executive Committee or another representative shall preside over the hearing.

  9. Offences that are determined by the Executive Committee to be of an egregious or immediately threatening nature should be dealt with privately and swiftly, without trial. Any offender who may pose an immediate risk to the community should be banned hastily.

  10. Only citizens of Soviet Democracy reserve the right to a trial or a hearing.

VI: Constitution

  1. This Constitution is the supreme and inviolable law of Soviet Democracy. All laws and other acts of state bodies shall be promulgated on the basis of and in conformity with it.

  2. This Constitution declares null and void the document "Charter for Soviet Democratic Peoples, 3rd Edition" and all acts of law in contradiction with it.

  3. This Constitution may be amended with majority approval from the People's Soviet as well as assent from the Executive Committee.

  4. This Constitution shall be enacted under the provision of existing law, and shall be enforced gradually during a transitional period lasting no longer than one month from its enactment.


Amendments
  1. First Amendments (13 August 2019)

  2. Second Amendments (16 March 2020)

The Socialist Utopia of Ex Patrian SSR

Edited:

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