V. I.

Lenin

Rough Theses of a Decision on The Strict Observance of the Laws

I. Legality must be raised (or rigorously observed), since
the basis of laws in the R.S.F.S.R. has been established.

II. Emergency measures of war/are against counter-revolution should not
be restricted by the laws, provided:

(α) that an exact and formal statement be made by the appropriate
Soviet body or official to the effect that the special conditions of civil
war and the fight against counter-revolution require that the limits of the
law be exceeded; (β) that such a statement in writing be forwarded immediately to
the C.P.C. and copies sent to the local authorities concerned.

III. In all conflicts, friction, misunderstandings or disputes as to
the limits of jurisdiction, etc., between officials or Soviet government
bodies-all such persons and bodies are obliged immediately to draw up the
briefest of reports giving the date, place, and names of the officials or
bodies and the bare gist of the matter (without details). A copy of the
report must be handed to the other party.

IV. Similar brief reports shall be drawn up by every official or Soviet
body in the event of any citizen of the Republic complaining against any
measure (or red tape,etc.) on the part of the said official or body. A copy
must be sent to the citizen lodging the complaint, and another to the body
higher up.

V. Anyone making patently groundless statements in the report
tantamount to gross abuse shall be liable to prosecution.

VI, Refusal to hand over a report with the clearly written name of the
official is a criminal breach of trust.

I propose that the C.C. approve in principle and instruct the People’s
Commissariat for Justice to word this as a decree. [1]

2/X1.1918

Lenin

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Notes:
[1]
On November 8, 1918, the Extraordinary Sixth All-Russia Con- gress of
Soviets, on the report of People’s Commissar for Justice D. I. Kursky,
passed a decision on revolutionary legality based on Lenin’s theses, which
were approved by the Party’s Central Committee. The decision was published
in Pravda on November 10.