A businessman from the city of Kirov appealed to the European Court of Human Rights (ECHR) with a claim for compensation for “illegal establishment” of the Russian Federation. He considers himself a citizen of the USSR. You can be sympathetic to the feelings of citizens who have been knocked out of their regular lives in the 90s, but attempts to declare a bourgeois state “illegal” by appealing to its own or other judicial instances are either stupidity or provocation.
The press reports that earlier the Kirov resident Alexei Popov appealed to the Russian courts. He stated that during the formation of the Russian Federation, the legislation in force at that time was violated. From this thought, Popov deduced the need to receive compensation in the amount of 10 thousand euros from the federal budget of the “illegal” state. Moreover, he argued that the Russian courts were established “illegally” and generally have no right to pronounce sentences. What was the point of appealing to the “illegal” courts, Popov did not explain.
The absurdity of the Kirov businessman’s claims is visible with the unaided eye. The naive attempts to “condemn” the state or declare its “illegality” stem from erroneous ideas about the nature of the state. In the conditions of the total planting of ignorance and obscurantism in Russian society, false, idealistic concepts of the state have become widespread. This circumstance created extensive ground for bizarre phenomena, such as the “national liberation movement” of “United Russia Party” deputy Yevgeny Fedorov or various movements of “citizens of the USSR”, fraudulent “trade unions of the USSR”, “cultural autonomies of the USSR” and the like. They are based on a kind of “legal cretinism” – an idea of the law as an unshakable “ultimate truth”. Fans of talking about “illegality” believe that it is laws that determine the lives of people. They spread false illusions that a particular judicial decision could change the fate of a whole society, turn the tide of history, or, with a wave of a magic wand, return a destroyed country. These are stupid and harmful misconceptions.
The state is an instrument of class domination. When a state arises in the course of a revolution or counter-revolution, talking about “legality” is pointless, since any change in the social system is necessarily accompanied by a partial or complete destruction of the superstructure, including legislation. Legislation and law are only a correlation of class forces in society fixed on paper. A law is worthless if there is no material force behind it that can defend its observance. Laws can easily be violated and even turn into an empty scrap of paper, as has happened more than once in the world history. A bright example would be the results of the All-Union referendum on the preservation of the USSR, which was held on March 17, 1991. A few months later, the ruling circles of the Soviet republics easily trampled the public will. There was no social force capable of defending the preservation of the USSR.
The only effective way to fight the bourgeois state lies not in the plane of legal illusions, but in the plane of Marxist science.