because these scientists played the role of rather strange observers [8]. situation cardinally changed in the soviet science of constitutional law. The question about the system of soviet state legal science decided from a clean sheet, having practically refused from the scientific legacy of the past. Largely its decision was influenced by political, ideological, and partly methodical factors. As a result two extreme positions were firmly established. According to one of them the science system equated with the system of basic source of the field - the constitution. According to the other position there could be assumed some retreat of the system of constitution both in formulas and in their contents filling. General for all variants of development of the system science was in selection of block of theoretical questions, devoted to the subject, method, sources of constitutional law as the field, especially and, foremost, to the constitution, and also to the general description of science. idea of ??complete coincidence of the system of the field and science with the system of the Constitution of the USSR of the year 1936 was carried out in the textbook edited by A. Ya. Vyshinskiy [9]. The names and the chapters repeated the system of the Constitution of the USSR: public system of the USSR; political system of the USSR; supreme bodies of the state power of the USSR, of the union and autonomous republics; bodies of state management of the USSR of the union and autonomous republics; local bodies of the state power; the court and the prosecutor s office; basic rights and duties of the citizens of the USSR; electoral system of the USSR. Only the two first chapters of the textbook, instead of the system of the Constitution, covered the general questions of constitutional law. Chapter One, executing the function of introduction, included bases of the Marxist -Leninist study about the state and law, thus only its insignificant part was devoted actually to the problems of constitutional law (§ 6 Soviet socialistic state and law. Subject and method). The rest paragraphs of Chapter One comprise the material of the Marxist general theory of the state. Chapter Two Basic stages of development of the Soviet Constitution was the short history of constitutional development and, in fact, did not touch the questions of theory of the constitution. point of view about the coincidence of the system of science of constitutional law with the system of the constitution was shared practically by all scientists-constitutionalists during more than 20 years [10]. So, for example S.S. Studenikin, offered the following system of science of the Soviet constitutional law: 1) Subject, system and sources of the Soviet constitutional law; 2) The Soviet constitution and basic stages of its development; 3) Public system; 4) Political system; 5) Supreme bodies of the government of the Union of SSR, union and autonomous republics; 6) bodies of administration of the Union of the SSR, Marxist and autonomous republics; 7) Local public authorities; 8) Court and prosecutor office; 9) Basic rights and duties of the citizens; 10) Electoral system [11]. constitutional law power come up creatively to exposition of material were estimated as antipatriotic assumption of contrasting of the system of the course of the Soviet constitutional law to the system of the Soviet Constitution. Moreover, the textbook prepared by E.P. Traynin and E.D. Levin, in which the system of science comprise theoretical problems which objectively could not be interpreted in the constitution (for example, the question about its essence, the concept of the public body and etc.) was deprived of the ministerial vulture. The certain scientific boldness of the authors of this edition was that they offered another order, than in the Constitution, of structural elements of the system. In particular, basic rights and duties followed directly after the questions of public system, determining their contents, the electoral system was considered in close relation with the system of representative organs, formed by means of elections, the questions of change of the Constitution were closely connected with the problem of its essence. similar understanding of the science system was predetermined by prevailing of political qualities of the Soviet constitution over legal that converted the fundamental law into the ideological dogma. In such situation the science was given the role of commentator of the text, political critic of any deviations from the class and party understanding of positions of the constitution [12]. views on the system of science appeared in 1960th. first serious view concerning the new understanding of the system of science of constitutional law was the position of author collective, prepared under the leadership of AI Lepeshkin, the two-volume edition Course of the Soviet constitutional law. The given edition grounded the followi...
