Congress of People’s Deputies, Law of the USSR on Bodies of State Power and Administration of the USSR during the Transitional Period, September 5, 1991
As Aleksandr Iakovlev would later observe, “On September 5, 1991 the president of the USSR (Gorbachev) and the highest officials of the union republics confronted the Congress of People’s Deputies with a joint declaration that the president ‘suggested’ it approve. With the approval of the declaration of a new system of all-union governing bodies was established ‘for the transitional period,’ a system that had no place of the Congress. This was done even though technically, dissolving the Congress of People’s Deputies meant that the president elected by the Congress no longer had a legitimate claim to power. Moreover, the change was initiated by that very president.” This was indeed the beginning of the end of the USSR.
Article 1. During the transitional period that supreme representative body of power of the USSR shall be the Supreme Soviet of the USSR, consisting of two independent houses: the Council of the Republics and the Council of the Union.
The Council of the Republics shall comprise 20 deputies from each Union republic from among People’s Deputies of the USSR and of the Union republics, delegated by the supreme bodies of state power of these republics. In view of the federative structure of the Russian Federation, it shall have 52 deputies in the Council of the Republics. Other Union republics having republics and autonomous formations in their structure shall additionally delegate to the Council of the Republics one deputy from each such constituent republic or autonomous formation. To ensure equality of the republics in the voting in the Council of the Republics, each Union republic shall have one vote.
The Council of the Union shall be formed of deputations from the Union republics from among People’s Deputies of the USSR in accordance with the existing quotas and in coordination with the supreme bodies of state power of the Union republics.
Article 2. The Council of the Republics and the Council of the Union of the Supreme Soviet of the USSR shall, by joint decision, make amendments in the constitution, admit new states to the USSR, hear out the President of the USSR on the most important issues of home and foreign policy, approve the union budget and the report on its execution, declare war and conclude peace.
The Council of the Republics shall pass decisions on the organization and the working procedure of the Union bodies, ratify and denounce international treaties of the USSR.
The Council of the Union shall examine questions of ensuring the rights and liberties of citizens of the USSR and pass decisions on all issues belonging to the jurisdiction of the Supreme Soviet of the USSR with the exception of those which belong to the jurisdiction of the Council of the Republics. Laws passed by the Council of the Union shall come into effect only after their approval by the Council of the Republics.
The supreme bodies of state power of the Union republics shall have the right to suspend on the territory of their republics laws adopted by the Supreme Soviet of the USSR only if they contradict the constitution of the Union republic.
Article 3. For coordinated settlement of home and foreign policy questions bearing on the common interests of the republics, a State Council of the USSR shall be set up on an inter-republican basis. The State Council of the USSR shall consist of the President of the USSR and supreme executives of the Union republics, specified in the Constitution of the USSR. The State Council of the USSR shall work under the supervision of -the President of the USSR. The State Council shall itself decide the order of its activities. Decisions of the State Council of the USSR shall have mandatory character.
Article 4. The post of vice-president of the USSR is hereby abolished.
If, for some reason, the President of the USSR cannot any longer discharge his duties (including for health reasons confirmed by a conclusion of a state medical commission formed by the Supreme Soviet of the USSR), the State Council of the USSR shall elect from among its members a Chairman of the State Council of the USSR, who shall temporarily discharge the duties of President of the USSR. Such a decision shall be approved by the Supreme Soviet of the USSR within three days.
Article 5. For coordinated management of the national economy and coordinated implementation of economic reforms and social policy, the Union republics shall form on a parity basis an interrepublican Economic Committee. The chairman of the Committee shall be appointed by the President of the USSR with the consent of the State Council of the USSR. Supervision of the federal bodies which have defense and security matters–law and order and international affairs under their jurisdiction shall be done by the President of the USSR and the State Council of the USSR.
The inter-republican Economic Committee and. the chief executives of the federal bodies shall be accountable in their work to the President of the USSR, the State Council of the USSR and the Supreme Soviet of the USSR.
Article 6. The status of People’s Deputies of the USSR shall be enjoyed by all deputies for the duration of their term of office, including the right to participate in the work of the Supreme Soviet of the USSR and of its bodies.
Article 7. The first session of the new Supreme Soviet of the USSR shall be convened by the President of the USSR not later than October 2, 1991.
For the period up to the beginning of the work of the new Supreme Soviet of the USSR, the present Supreme Soviet of the USSR shall retain its powers and its session may be convened by the chairmen of the two houses.
Article 8. Provisions of the Constitution of the USSR shall remain in effect insofar as they do not contradict this Law.
Amendments in the Constitution of the USSR, adopted by the Supreme Soviet of the USSR, shall come into effect after their ratification by the supreme legislative bodies of all Union republics.
Article 9. This Law shall come into effect from the moment of its publication with the exception of Article 2, which shall come into effect from the moment of the opening of the first session of the new Supreme Soviet of the USSR.
President of the Union of Soviet Socialist Republics, M. Gorbachev
The Kremlin, Moscow. September 5, 1991
Source: A. S. Durgo, ed., Russia Changes: the Events of 1991 and the Russian Constitution (Commack, N.Y.: Nova Science, 1992), p. 155.