Unraveling an Enigma: An Introduction to Soviet Law and the Soviet Legal System

Examination of the USSR legal system allows some comparison with Western legal traditions, although drawing conclusions is difficult because of a lack of information to use in assessing how the Soviet system works in practice. The legal system generally uses civil and criminal law principles to provide consistency and procedural fairness. Due-process guarantees apparently are not violated in relation to various nonpolitical issues, but the state consistently uses the system to secure continued political dominance. Law reform depends on the willingness of the leaders of the Communist Party and is likely to proceed in an evolutionary fashion. For instance, due-process protections have been introduced since 1958, and political dissidents are no longer tried before a special administrative court. Apparently, they are afforded some due-process protections and punishments that better fit the gravity of the offenses. Mikhail Gorbachev, who has a law degree, may continue and even speed up meaningful law reform.