Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes the information provided by the Government in its report.

1. Resignation of members of collective farms. The Committee notes with satisfaction that the freedom of members of collective farms to leave the farm, announced on 28 May 1987 in a communiqué of the Presidium of the Union Council of Collective Farms, has been written into the text of the new Model Collective Farm Rules adopted by the General Congress of Members of Collective Farms on 23 March 1988. According to these Model Rules, any member of a collective farm is entitled to resign by giving three months' notice; neither the management nor the general assembly of the members of a collective farm have the right to refuse applications to resign, which take effect after the three-month period, even in the absence of a reply. In addition, the management is obliged to hand out the work-book to the former member of the collective farm on the day on which the resignation takes effect. The Committee also notes with interest that by virtue of section 10 of Act No. 49 of 26 May 1988 respecting co-operatives, voluntary membership and free withdrawal are among the principles governing the activity of co-operatives.

2. Legislation concerning persons "leading a parasitic way of life". In its previous observations, the Committee referred to the provisions of section 209 of the Penal Code of RSFSR and to the corresponding provisions in force in the other Republics of the Union concerning persons "leading a parasitic way of life". The Committee requested the Government to supply information on the application in practice of the provisions of section 209 and the corresponding provisions in force in other Republics, including copies of any judicial decisions that define the scope of the terms of "unearned income" and "means obtained through unlawful methods".

In its report, the Government refers to the Order of 13 December 1984 of the Presidium of the Supreme Soviet of the RSFSR on the manner of applying section 209 of the Penal Code of the RSFSR, which the Committee had already noted. Referring to the examples of court practice quoted previously, the Government indicates that there have been no other similar decisions in court practice during the period covered by the report. The Committee notes this indication.

The Committee has noted with interest the report submitted by the Government to the Human Rights Committee in accordance with the International Covenant on Civil and Political Rights (document CCPR/52/Add.6 of 2 October 1989) which refers in particular to the legislative programme approved by the Supreme Soviet for the defence of the rights and legitimate interests of citizens. In this connection, the Committee notes that the fundamental principles of penal legislation are currently under review.

The Committee hopes that on the occasion of the planned legislative changes, the Government will be able to envisage adopting measures to clearly exclude from the legislation any possibility of compulsion to work that is not in conformity with the Convention, either by repealing section 209 of the Penal Code of the RSFSR (and the corresponding provisions that are in force in the other Republics), or by limiting the scope of these provisions to persons engaging in illegal activities. The Committee hopes that the Government will supply information on developments in this direction.