p The idea of setting up a consultative scientific board under the Supreme Court of the USSR came into being in 1962. Originally it was planned that it should act on a voluntary basis, with the participation of eminent lawyers. The main task of this body was supposed to be the elaboration of theoretical questions which emanate from the legal problems to be discussed by the Supreme Court of the USSR.

p In December 1962, the Supreme Court Plenary Session adopted a decision whereby the Consultative Scientific Board was organised to improve the quality of the preparation of materials mostly from judicial practice to be discussed at the court’s Plenary Session.

p The decision also stated that the Board’s activity must promote closer contacts between the courts and the legal scientific institutions. At that time the Supreme Court Chairman approved the membership of the Board.

p Today the Board consists of 30 members, prominent jurists playing the leading role. Five of them have the title of Merited Worker of Science, two of them are Corresponding Members of the USSR Academy of Sciences and 21 hold the degree of Doctor of Law.

p Throughout its existence the Board has made wide use of a variety of forms and methods of work. In addition to its regular plenary sittings at which various legal theoretical problems were discussed, it held scientific-cum-practical conferences attended by a large number of scientific workers from many cities of the Soviet Union and also by judges from various republics. The Board members also participate 136 in the diffusion of judicial practice, make reports to judges from Union Republics, prepare consultations on the most complicated theoretical problems, etc.

p Having summed up and highly appraised the Board’s work for several years, the Supreme Court Plenary Session elaborated and approved the Statute of the Consultative Scientific Board. The draft statute was submitted for discussion at the Plenary Session of the Supreme Court and was adopted by it in June 1967. The Statute formulates the tasks and purposes of the Board, defines the basic forms, methods and procedures of its work and also defines the rights of the Board’s members.

p According to the Statute, the Consultative Scientific Board elaborates scientifically substantiated recommendations on the fundamental, complex problems of judicial practice. Its activity is used to add to the strengthening of socialist legality in the administration of justice.

p In view of the great value attached to the Board’s practical activity its membership is endorsed by the Supreme Court Plenary Session following a motion by the Chairman of the Supreme Court. According to the Statute, the Board studies questions arising in judicial practice, makes appropriate recommendations and gives its conclusions on the drafts of instructions issued by the Supreme Court Plenary Session; on the materials that sum up judicial practice and statistics; on the draft representations to be made by the Supreme Court to the Presidium of the Supreme Soviet of the USSR; on questions to be settled legislatively; on the draft instructions, methodological letters and other documents elaborated by the Supreme Court; and on legal disputes that arise in judicial practice. The Board may also discuss theoretical studies and practical manuals on judicial practice, criminal and civil procedure and criminal and civil law.

p In a description of the approximate range of the Board’s activities, it must be emphasised that all the Board’s recommendations are of a consultative nature, that they deal with the general issues of law and under no circumstances should affect or predetermine specific decisions in criminal and civil cases.

p Taking into account the fact that Union Republican Supreme Courts also have their own consultative scientific 137 boards, the Statute states that the Consultative Scientific Board under the USSR Supreme Court must give methodological assistance to the Republican boards in the organisation of their work.

p The principles on which the Board’s activity is organised are very simple. The Supreme Court Chairman appoints the chairman and the scientific secretary of the Board, his decision being subject to approval by the Court’s Plenary Session. The draft plan of the Board’s work, prepared by an initiative group, is endorsed at the plenary sitting of the Board. Small working groups may be set up to elaborate individual complex problems in different branches of law. They prepare their proposals and submit them for the consideration of the plenary sitting of the Board.

p The Board chairman guides the sittings, defines the range of questions to be discussed by the Board and takes measures for the realisation of its recommendations. The learned secretary makes preparations for the Board’s sittings and prepares relevant documents for it.

p To enable the Board’s members to become acquainted with current judicial practice they join groups of judicial workers who travel across the country to study legal problems that arise in the work of Union Republics’ courts; the Board’s members take an active part in raising the judges’ qualifications by lecturing and reporting to them. The members are also entitled to attend the plenary sessions of the Supreme Court of the USSR with the sanction of its Chairman and to participate in the discussion of general questions of fundamental importance to judicial practice. As a rule, the Board’s sittings are held once in three months. Every member may speak at these sittings and defend his point of view. An absent member may comment in writing. In order to elicit the opinion of a majority of members the Chairman may put certain questions to the vote. After the debate on a particular question the Board adopts a reasoned recommendation on the motion which is brought to the notice of the members of the Supreme Court Plenary Session.

In speaking about the practical work of the Board it is necessary to point out that nearly all draft instructions issued by the Supreme Court Plenary Session have been discussed by the Board in advance.