13 Vand. J. Transnat'l L. 451 (1980)
The Soviet Human Rights Doctrine in the Crossfire between Dissidents at Home and Critics Abroad

handle is hein.journals/vantl13 and id is 465 raw text is: THE SOVIET HUMAN RIGHTS DOCTRINE IN THE
CROSSFIRE BETWEEN DISSIDENTS AT HOME AND
CRITICS ABROAD*
F.J.M. Feldbrugge**
TABLE OF CONTENTS
I.  INTRODUCTION  ...................................      451
II. THE DEBATE OF 1974 ............................ 453
III. HUMAN RIGHTS IN THE 1977 CONSTITUTION ......... 461
IV .  CONCLUSION   ....................................      465
I. INTRODUCTION
Political and foreign relations aspects, rather than justiciability
and legal instrumentalities, have always been preponderant in So-
viet human rights doctrine. It is widely admitted now, at least
outside the Soviet Union, that the main purpose for the much-
publicized inclusion of an extensive catalogue of basic rights in
the 1936 Constitution of the USSR can only have been the crea-
tion of a favorable impression upon the Western democracies.'
One has to remember that this happened not only at a time when
the victims of Stalinist terror were numbered in millions (making
the constitutional pronouncements a lugubrious farce) but also at
a time when Stalin was eager for his young Soviet state to acquire
a degree of respectability.
* An earlier version of a portion of this article entitled Grundrechte in
zweierlei Sicht. Die Grundrechtsdiskussion zwischen Staatsrechtlern und
Dissidenten  in  der  Sowjetunion  appeared  in   VERFASSUNGS-  UND
VERWALTUNGSREFORMEN IN DEN SOZIALISTISCHEN STAATEN 101-09 (F. Schroeder &
B. Meissner eds. 1978).
** Mr. Feldbrugge, Professor of Soviet and East European Law at the Uni-
versity of Leiden and Director of the Documentation Office for East European
Law, serves as Editor of Law in Eastern Europe and Review of Socialist Law.
His principal publications include Soviet Criminal Law (1964), Encyclopedia of
Soviet Law (ed. 1973), Samizdat and Political Dissent in the Soviet Union
(1975) and The Constitution of the USSR at the Union Republics (ed. 1979).
1. See, e.g., J. HAZARD, THE SOVIET SYSTEM OF GOVERNMENT 9-10 (5th ed.
1980); D. Scorr, RUSSIAN POLITIcAL INSTITUTIONS 81 (4th ed. 1969).

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