Legal Acts which Regulated Activity of the Higher Authorities of Ukraine during the Period of the New Economic Policy (1921–1929)

The New Economic Policy (NEP), which replaced the «war communism», has had a signifi cant impact on the state apparatus of Ukraine in the 1920s, including the organization and activities of the central authorities of the republic. At that time they were the All-Ukrainian Congress of Soviets of Workers, Peasants and Soldiers’ Deputies, the All-Ukrainian Central Executive Committee (VUTsIK) and the Presidium of VUTsIK. The main piece of legislation, which set the framework of the organization and activities of these government bodies of the USSR at the beginning of the new economic policy was the Constitution of the USSR 1919. Thus, the Constitution acknowledged All-Ukrainian Congress of Soviets and VUTsIK as central authorities. Thus it separated them from the local authorities. Furthermore, the Constitution clearly defi ned the legal status of the All-Ukrainian Congress of Soviets and VUTsIK. Congress was named as supreme power in the UkrSSR. Between the All-Ukrainian Congress
of Soviets of such power was the All-Ukrainian Central Executive Committee. The Constitution also listed the issues that were competent to address and resolve these authorities. In this case, approval issues, changes and additions of the Constitution of the UkrSSR, as well as a declaration of war and making peace constitution referred to the exclusive jurisdiction of the All-Ukrainian Congress of Soviets. The next piece of legislation that dealt with some of the fundamental issues of organization and activities of the All-Ukrainian Congress of Soviets, VUTsIK, the Presidium of VUTsIK was a resolution of the V All-Ukrainian Congress of Soviets (February 25 – March 3, 1921) «About the Soviet construction». The resolution, in particular, pointed out that no other organ than the All-Ukrainian Congress of Soviets and the All-Ukrainian Central Executive Committee and the Presidium of VUTsIK, had no right to pass acts of national importance, therefore, a higher level of legislative activity was attributed to the exclusive competence of these central authorities of Ukraine. Articles of the resolution «About the Soviet construction» that regulated the most important issues of organization and activity of All-Ukrainian Congress of Soviets, VUTsIK, the Presidium of VUTsIK were constitutional in nature and thus complement the Constitution of the UkrSSR 1919 in respect of the above mentioned bodies of Ukraine. In late 1922 took place in Moscow the I All-Union Congress of Soviets, during which decision was made to create the Union of Soviet Socialist Republics – the union state. Ukrainian SSR on the rights of the union republic joined the USSR. The fi rst Constitution of the USSR was adopted in 1924. It contained articles defi ning the system of the central authorities of the Union republics, and thus the USSR. These were the Republican Congress of Soviets, Central Executive Committee and Central Executive Committee of the Union republics. The formation of the USSR and the adoption of the Constitution of the USSR demanded amendments to the Constitution of the UkrSSR 1919.This was carried out in May 1925, when the IX All-Ukrainian Congress of Soviets adopted a resolution «On amending the Constitution Ukrainian Soviet Socialist Republic». In 1929, the XI All-Ukrainian Congress of Soviets adopted a new Constitution of Ukraine. Now each of the central authorities of the republic devoted a separate section of the Constitution. Thus, during the New Economic Policy constitutional bases for the construction of the central bodies of state power of the UkrSSR were written clearly enough. However, the Constitution could not be determined without exception parameters organization of the higher authorities of the republic, therefore a number of issues, primarily institutional, regulated by other regulations. A kind of culmination in the legislative regulation of VUTsIK and its Presidium was Regulations on the All-Ukrainian Central Executive Committee of Soviets of Workers, Peasants ’and Soldiers’ Deputies on October 12, 1924. In the historical and legal literature it is rightly called the fi rst VUTsIK regulations. Analysis of the regulatory framework, which regulated the organization and activities of the supreme authorities of the UkrSSR in the period of the New Economic Policy, suggests that at the legislative level were created the right conditions for the effi cient work-Ukrainian Congress of Soviets, VUTsIK, its Presidium in the fi eld of state, economic, social and cultural development in Ukraine.