Cuba head of state and official language. Official languages of Cuba
Spanish uses the Latin alphabet, with an additional letter "ñ" (eñe). In addition, Spanish orthography uses the following letters with an acute accent: Áá Éé Íí Óó Úú, as well as ü with a dieresis to indicate the readability of this letter after the letters g and q.
In Spanish dialects you can find letters with grave accent: Àà Èè Ìì Òò Ùù and Çç - se-cedilla.
When reading, basically everything is read as it is written. The Spanish language is characterized by clear pronunciation of all vowels, while consonants can be swallowed or assimilated.
Basic rules for reading:
- ch - reads like a soft Russian "ch";
- h - never read;
- z - read as "c";
- с - before a, o, u is read as "k", and before e, i - as "c";
- g - before i is read as Russian “x”, before other vowels - as “g”;
- s - reads like Russian “c”, but with the tongue slightly moved towards the alveoli;
- j - reads like Russian “kh”, but more intense;
- x - read depending on the word: like Russian “s” or “x”;
- the combination gu - before e, i is read as “g”, “u” is not pronounced, except when writing gü;
- the combination qu - before e, i is read as “k”, “u” is not pronounced, except for the combination qü.
- b and v - “fricative b”: at the beginning of a word and after nasal and labial consonants, these letters indicate the stop sound “b”, which in pronunciation corresponds to the Russian “b”. In other cases, these letters indicate a semi-closed sound between “b” and “v”.
Almost all Cubans speak extremely fluent Spanish. The dialect encountered is similar to other Spanish-speaking Caribbean islands, although the rhythmic speech and use of expressive gestures are distinctly Cuban. French occurred for a short time with the appearance of slave-holding European refugees after the 1791 revolution in Haiti, but they have since died out.
The languages of the country's indigenous population have become extinct. The island's pre-Columbian population was approximately 112,000, consisting primarily of Arawaks (Taino and sub-Taino) in the central and eastern region, as well as Guanahacabibes who fled the Arawaks and moved west to Pinar del Rio. Indigenous lands were quickly occupied by Spanish conquistadors, and indigenous people were enslaved and exploited by Europeans in mining and agriculture. Indigenous peoples resisting the new masters were killed. The rest of the population died out from malnutrition, overwork, suicide and cruelty. Cuba's indigenous population virtually disappeared during fifty years of conquest.
IN resort areas Cuba widely used English, German and Italian languages.
"Liberty Island" was discovered by Christopher Columbus on October 27, 1492. After this, the Spaniards tried for four centuries to colonize it and turn it into their overseas province. The British and Americans also wanted to succeed in this. However, none of them managed to establish their own rules there. That’s why they still say about Cuba that it is the “Island of Freedom.” Cuba is famous throughout the world for its carnivals, dances, songs, boxing, volleyball, Cuban cigars and Cuban rum, the beautiful sea and magnificent beaches.
Geography of Cuba
The island nation of Cuba is located in the Caribbean Sea. It consists of the islands of Cuba, Juventud and several other archipelagos. 180 kilometers north of Cuba is the United States, and to the south and southeast are Jamaica, Haiti and Dominican Republic. The total area of the country is 110,860 square meters. km.
The island of Cuba is the most big island in everything Caribbean. Most of its territory is plains. Only in the west, center and southeast can you find mountain systems. The most high peak– Turquino Peak in the Sierra Maestra mountain range, whose height reaches 1,974 meters.
The coast of the island of Cuba is indented with picturesque bays and coves, and near the coast there are beautiful Coral reefs. In general, there are about 4,000 thousand islands and reefs near Cuba.
Capital
Havana is the capital of the state of Cuba. More than 2.3 million people now live in this city. Havana was founded by the Spaniards in 1515 on the site of an ancient Indian settlement.
Official language of Cuba
The official language is Spanish.
Religion
More than 60% of the population consider themselves Catholics, but only about 5% of them regularly attend church.
State structure
According to the 1992 Constitution, Cuba is a socialist republic in which the Communist Party is the “leading force of society and state.” The First Secretary of the Communist Party of Cuba also serves as the President of this state.
The local parliament is called the National Assembly, it consists of 609 deputies elected for a 5-year term. Executive power belongs to the State Council and the Council of Ministers, consisting of 31 ministers.
Administratively, the country is divided into 15 provinces, which in turn are divided into 168 municipalities, and one special municipality (Juventud).
Climate and weather
The climate is subtropical, the average annual air temperature is about +27C. Hurricane season lasts from July to mid-November. Hurricanes and tropical storms most often occur in September and October.
You can practically relax in Cuba all year round, But best time– winter months, when there is no rain.
Average air temperature in Cuba:
- January - +26C
- February - +27C
- March - +28C
- April - +29C
- May - +31C
- June - +30C
- July - +30C
- August - +32C
- September - +31C
- October - +29С
- November - +27C
- December - +26C
Sea in Cuba
The island of Cuba is surrounded on all sides by the Caribbean Sea. There are beautiful coral reefs off the coast.
Average temperature of the Caribbean Sea off the coast of Cuba:
- January - +25C
- February - +24C
- March - +24C
- April - +26C
- May - +27C
- June - +27C
- July - +28C
- August - +28C
- September - +28С
- October - +28C
- November - +27C
- December - +27С
Rivers and lakes
Several rivers flow through Cuba. The largest of them is the Cauto River, which begins in the Sierra Maestra mountains in the province of Santiago (its length is 370 km). The Almendares River flows through Havana, supplying the capital drinking water. In general, there are several hundred rivers and small streams on this island.
History of Cuba
On October 27, 1492, Christopher Columbus landed in Cuba, and from then on the modern history this island, and then the state. At the beginning of the 17th century, Diego Velazquez founded the first seven settlement cities on the island - Baracoa, Bayamo, Santiago de Cuba, Trinidad, Sancti Spiritus, Camagüey and Havana. During the process of colonization, the Spaniards almost completely destroyed the indigenous population. During the 4 centuries of Spanish rule, tens of thousands of slaves from Africa were brought to Cuba.
The Spanish occupation of Cuba ended only at the end of the 19th century, but the country became politically dependent on the United States.
On January 1, 1959, the Revolution won in Cuba, and the country took the path of building socialism. One of the leaders of the Revolution, along with Camilo Cienfuegos and Ernesto Che Guevara, was Fidel Castro.
In April 1961, the Americans attempted to overthrow the Cuban government led by Fidel Castro, but their mercenaries were defeated at the Bay of Pigs.
Some capitalist countries, including the United States, have still not lifted economic sanctions against Cuba, which hinders the development of this amazing country.
Culture
Cuba's culture has been shaped by Spanish, African, French and Asian influences and is therefore known for its diversity. This country has become the birthplace of many musical styles and dances, among them the most popular are mambo and cha-cha-cha.
However, Cuba is famous in the world not only for music and dancing, but also for its sporting achievements in boxing and volleyball. Sports can also be considered a reflection of cultural traditions.
Cuba cannot be imagined without festivals. For example, every summer in Havana the famous “Carnival of Chariots” is held, during which special stages with music and dance groups ride through the streets of the Cuban capital for three days, and street processions of musicians are also held. In general, Carnival in Havana lasts, as a rule, 12 days, and the legendary Tropicana cabaret, founded in 1939, participates in it.
Havana also regularly hosts crafts fairs in the summer, in which various music, dance and theater groups participate.
Every September, Santiago de Cuba hosts the Festival del Son, a traditional Cuban music festival. This holiday lasts four days.
Cuban cuisine
Cuban cuisine has been strongly influenced by Spanish culinary traditions. Many Cuban dishes are very similar to those served in Andalusia (southern Spain). However, on Cuban cuisine African, Portuguese, French, Arabic and even Chinese culinary traditions were also influential.
The main foods are potatoes, malanga, yucca, wheat, fish and seafood (especially lobster), meat (chicken and pork), rice, bananas, vegetables, beans. Hot spices are rarely used.
We recommend that tourists try “Moros y Cristianos” (black beans with rice), “Arroz con Pollo” (yellow rice with chicken), “Ropa Vieja” (pieces of beef fillet), “Ajiaco” (vegetable stew with meat and garlic), “ Fufú (mashed boiled green bananas, often served with meat), Piccadillo (spicy beef with tomatoes and onions). Popular desserts are “Helado” (ice cream) and “Galletas” (sweet cookies).
The traditional non-alcoholic drink is coffee. The best Cuban coffee grows in the Sierra Maestra mountains.
Traditional alcoholic drinks are rum and cocktails with rum. Every self-respecting Cuban bartender should know at least 100 recipes for cocktails with rum or other alcoholic drinks.
Sights of Cuba
Most of the monuments of Cuban culture date back to the colonial era. Several monuments are considered objects World Heritage UNESCO:
- Havana Vieja Historic Center and Fort (Havana)
- Old Town of Trinidad (Sancti Spiritus)
- Sugar mills around Trinidad (Sancti Spiritus)
- Fortifications of San Pedro de la Roca del Morro (Santiago de Cuba)
- Ruins of the French coffee plantation La Gran Piedra (Santiago de Cuba)
- Desembarco del Granma National Park
Are of great interest to tourists National parks"Alexander Humboldt", Almendares and Sierra Maestra, Los Indios Reserve and marine park Punta Frances.
Cities and resorts
The most big cities– Santiago de Cuba, Camagüey, Santa Clara, Holguin, Bayamo, Cienfuegos, Guantanamo, Holguin, and, of course, Havana.
Cuba is world famous for its beach resorts, where residents of Europe and North America come to relax. The most popular of them are Varadero, Cayo Guillermo, Cayo Coco, Cayo Largo and Holguin. Every year, for example, more than 1 million tourists vacation in Varadero (about 45% of them are foreigners).
Most local resorts offer tourists a well-developed recreation infrastructure, with restaurants, discos, nightclubs and entertainment shows in hotels. All resorts have excellent facilities for beach holiday, including diving, sea excursions and yacht trips.
Souvenirs/shopping
The most popular souvenirs from Cuba are any items with the image of Che Guevara and Fidel Castro, folk art, ceramics, Cuban coffee, coffee cups, Cuban cigars and rum.
Office hours
Banks:
Mon-Fri: 09:00-15:00
The shops:
Mon-Fri: 09:00-17:00
Sat: 10:00-14:00
Museums:
Tue-Sat: 09:00-17:00
Sun: 08:00-13:00
Visa
Ukrainians need a visa to visit Cuba.
Currency
There are two currencies in circulation in Cuba: the Cuban peso (CUP) and the convertible peso (CUC). Tourists must exchange dollars for convertible pesos. $100 = 87 CUC. In turn, 1 dollar = approximately 24 Cuban pesos. Credit cards not widely distributed.
Customs restrictions
Free economic zones were created. In 1997, there were already three SEZs operating in the country (Mariel, Vahay and the city of Havana).
Cuba exports, bringing income to its country's budget, tobacco, seafood, sugar, nickel, medical goods, coffee, and citrus fruits.
Cuba's export partners are China, Canada, Spain, and the Netherlands. China invested $500 million in the Cuban nickel industry, Brazil - the same amount in the development of Cuban hydrocarbon deposits and in the construction of a plant for the production of technical oils. A large nickel ore mining plant has been built in the province of Holguin.
The country today imports food, petroleum products, industrial equipment, and chemical products. Its import business partners are Venezuela, China, and Spain. Particularly close and productive ties in terms of the PetroCaribe oil program with Venezuela. Trade turnover between states annually reaches about $10 billion.
Since 1962, the country has introduced a card system for food distribution. The “black market” is thriving, since food cards are issued here irregularly.
Cuba has a developed system of free public services: health care, higher, secondary education.
Since October 2010, the list of types of business activities permitted by the government has increased in the country. In 2016, private small and medium-sized businesses were legalized.
Cuban branches of government
Cuba is a socialist republic of parliamentary type. Most of the deputies in parliament today represent the Communist Party of Cuba.
The head of state is the Chairman of the State Council (who is also the General Secretary of the Central Committee of the Communist Party of Cuba), who exercises executive power in the country. The Chairman of the Council of Ministers, who is also the Second Secretary of the Central Committee, helps him.
The government of the Cuban state consists of two branches: the Council of Ministers and the Council of State. The ministry employs 31 ministers.
The highest authority on Liberty Island is the National Assembly of People's Power, i.e. parliament of the republic. It includes 609 deputies who are elected for 5 years. She is entrusted with forming a government and appointing the head of the State Council. The responsibilities of the Assembly also include electing the People's Supreme Court. Provincial courts are elected by the provincial assemblies of people's power, municipal courts by the municipal assemblies.
The Republic of Cuba is divided administratively into 16 provinces, which are respectively divided into 169 municipalities. Only one municipality, Juventud, is accountable to the central government; the rest are subordinate to local administrative structures.
Cuba's participation in international organizations
IN last years Having changed course in the political sphere, being squeezed by economic sanctions, Cuba became more active in influential international organizations.
The Republic is a member of the World Trade Organization and takes an active part in international agreements: the Paris Convention, the New York Convention on International Arbitration, and the Madrid Protocol. Cuba is a member of the international organization of ACP states. For decades, Cuba has been participating in social programs at the international level.
There are 57 Cuban specialists working in 101 countries, of whom 70% are health workers. One of Cuba's programs, Operation Miracle, provides affordable medical care in 16 countries to poor, seriously ill people. In 28 countries of Latin America there is a program “Yes, I can” aimed at combating illiteracy.
Whatever direction Cuba goes, the beauty of its natural landscape, the originality of its culture and the attractiveness of the Cuban mentality will remain unchanged.
Geography of Cuba
The island of Cuba, part of the Great Antilles, located in the Caribbean Sea. The length of the island is 1,199 km, its territory is 105,006 square meters. km. Most of the island is occupied by hilly plains; in the southeast of the island there are the Sierra Maestra mountains with the most high point country - Turkino Peak (1975 m).
Government of Cuba
The Socialist Republic of Cuba is headed by the President of the Republic of Cuba, elected by the National Assembly of People's Power for a 5-year term. The country's main judicial body is the Supreme Court of Cuba. The main executive body of the country is the National Assembly of People's Power.
Weather in Cuba
Peak tourist season in Cuba falls on Christmas, Easter and summer months– July and August, when hotels and other service businesses raise prices. In July and August, Cuba experiences very hot, dry weather. The best time to holiday in Cuba is from January to May (the weather is warm, there is no threat of hurricanes).
Language of Cuba
The official language of Cuba is Spanish, and it is spoken by the majority of the country's population. Immigrants speak Catalan and Corsican. English, German and Italian are the languages of tourism.
Religion of Cuba
About half of Cuba's population is Catholic. About 4% of the population professes Protestantism, and local folk beliefs are also common on the island.
Currency of Cuba
The monetary unit of Cuba is the Cuban convertible peso (CUC) and the Cuban peso (CUP). The country mainly uses Cuban convertible pesos.
You can exchange foreign currency at bank branches and exchange offices international airports. The commission for exchanging US dollars is 8%.
International bank cards accepted in large hotels, restaurants and shops.
Customs restrictions
It is prohibited to import weapons, narcotic and psychotropic substances, antiques, and precious metals into the country. It is allowed to export cigars (23 pcs).
You can import duty free:
- Tobacco products (200 pcs.)
- Perfumery
- Medicines and personal items.
Tips
In Cuba, it is customary to leave 10% of the bill as a tip. The hotel leaves 1 dollar for the maids.
Souvenirs
Tourists bring jewelry made from coral, tortoise shell, and national musical instruments(eg bongos). Do not deny yourself the pleasure of grabbing famous Cuban rum and Cuban cigars from Cuba. Don't forget about the famous Cuban untucked shirt - the guyabera.
Office hours
Banks are open from 8:30 to 12:00 and from 13:30 to 15:00 (Mon-Fri), on Saturday they are open from 8:30 to 10:30. Sunday is a day off.
Most shops in the country are open from 9 am to 6 pm from Monday to Friday. Don't forget about the midday siesta, when all retail establishments are closed. On Saturday, shops are open shortened from 9 am to 3 pm. Large supermarkets in tourist centers open at 10 am and close at 8 pm.
Photo and video shooting
Photo and video filming of strategically important objects (airports, bridges), as well as military equipment is prohibited.
Safety
Cuba is mostly calm criminal situation However, in Central Havana there is a high probability of being robbed, especially at night.
Medicine
Cuba has fairly high standards of medical care. You can find most types of medications at your local pharmacies. Tourists are advised to obtain a visa before entering the country. health insurance. IN major cities Modern clinics with English-speaking staff are available to tourists.
Mains voltage:
220VCode of the country:
+53Geographic first level domain name:
.cuEmergency numbers:
National Police: 82-0116
Fire brigade: 81-1115
Ambulance: 24-2811
Representative offices of Cuba in the Russian Federation:
State in the West Indies.
Territory - 110.86 thousand square meters. km. The capital is Havana.
Population - 11.16 million people. (1999).
The official language is Spanish.
Religion - Catholicism.
The island of Cuba was discovered by Columbus in 1492 and already in 1511 it was colonized by the Spaniards. The indigenous Indian population was completely exterminated. After two wars of liberation (1868-1878 and 1895-1898), Cuba achieved independence from Spain. In 1956, a guerrilla war began on the island led by F. Castro against the dictatorial regime of Batista, which ended with the fall of the latter on January 1, 1959. In April 1961, F. Castro announced the socialist nature of the Cuban revolution.
State structure
Cuba is a unitary state. Administrative division: 14 provinces, which are divided into 169 municipalities.
The Constitution is in force, approved by a popular referendum on February 15, 1976 and entered into force on February 24, 1976. According to the form of government, Cuba is a socialist republic with a one-party system. In July 1992, the National Assembly amended the Constitution, updating about 2/3 of its articles. The new edition of the Basic Law, confirming the goal of building a socialist society, highlights national liberation ideals, principles of independence, sovereignty and identity as the ideological and political basis of the state and society. At the same time, the ruling Communist Party of Cuba maintains complete control over society. Political and ideological pluralism is not allowed, and some restrictions on freedom of speech, press, assembly, and civil rights remain.
The highest body of state power is the National Assembly of People's Power (elected by universal direct secret vote for 5 years), endowed with legislative powers. From among its deputies, it elects the State Council, which represents the Assembly during breaks between sessions, and also appoints members of the Council of Ministers of the highest executive and administrative body.
The State Council consists of a chairman, first deputy, 5 vice-chairmen, a secretary and 23 members. The State Council is a permanent body of the National Assembly of People's Power, representing it between sessions and implementing its decisions. The Council of State is accountable to the National Assembly of People's Power. The term of office of the Council of State expires upon completion of the elections of the new Assembly. The Chairman of the State Council is the head of state and government and heads the National Defense Council.
The Council of State has the right to convene extraordinary sessions of the National Assembly of People's Power; adopt decrees-laws between sessions of the National Assembly; provide a general and binding interpretation of existing laws; carry out legislative initiatives; replace, at the proposal of the chairman, members of the Council of Ministers between sessions of the National Assembly; give instructions general for courts through the Presidium of the Supreme People's Court; appoint and remove, at the proposal of the Chairman, diplomatic representatives of Cuba in other states; award and confer honorary titles; exercise the right of pardon; ratify and denounce international treaties; suspend orders of the Council of Ministers, decisions and orders of local assemblies of people's power that do not comply with the Constitution or laws.
The powers of the Chairman of the State Council and the Head of Government are as follows: to represent the state and government and direct their general policies; organize and manage activities, convene and chair meetings of the State Council and the Council of Ministers; control and direct the activities of ministries and other central government bodies; assume the leadership of any ministry or other central government body; propose members of the Council of Ministers for approval by the National Assembly; accept the resignation, propose to the National Assembly or the Council of State a replacement of any member of the Council of Ministers; exercise supreme command of the Revolutionary Armed Forces; sign decrees-laws and other acts of the State Council and give orders for their official publication.
Supreme executive body power is the Council of Ministers of the Republic of Cuba (government), whose members are submitted to the National Assembly for approval by the President of the Council of State. The Council of Ministers is responsible and periodically reports on its activities to the National Assembly; he has the right to adopt decrees and orders on the basis and in pursuance of existing laws and control their implementation.
Legal system
general characteristics
Cuba's legal system is part of the socialist legal family, preserving strong traditions of the Spanish heritage and certain features of Anglo-American law.
Before gaining independence, Cuba was a colony of Spain for almost four centuries and had predominantly Spanish law. During this period, a fairly complete legal system developed in Cuba, which remained with minor changes until the revolution of 1959. Spanish codes were put into effect (with minor changes) in Cuba by royal decrees. The Spanish Civil Code of 1888 was approved in this colony in 1889, the Spanish Civil Procedure Code of 1881 - in 1885. Cuba was a country with a dualistic system of private law. Along with the Civil Code, the Spanish Commercial, or Trade, Code of 1886 was in force there. The Code of Criminal Procedure of Spain of 1882 began to operate on the island in 1889.
The right of an independent Cuba began to take shape during the liberation war. Thus, on July 28, 1896, the National Liberation Army introduced the Military Procedural Law of the Cuban Republic, as well as a number of military criminal laws. After the declaration of independence, Spanish laws were not repealed and remained in force until they were replaced by new acts.
In the pre-socialist period, Cuba was one of the largest centers of legal thought in Latin America. The country had a relatively large class of well-trained and highly professional lawyers. One of them, Sánchez de Bustamante y Sirven (1865-1951), became famous as the author of the largest regional codification of private international law, known as the Bustamante Code (1925). The Social Security Code (CC) of Cuba, adopted in 1935, featured many innovative ideas.
A new period in the development of the Cuban legal system began after the victory of the 1959 revolution and the proclamation of a course for socialist reforms in the country (1961). The new government headed by F. Castro began to create the first socialist state in the Western Hemisphere. The revolutionary authorities did not seek the immediate and complete abolition of the previous legal system. The law in force after the revolution was a complex interweaving of old and new regulations. Thus, the Social Security Code of 1935, the Code of Criminal Procedure of 1882, the Military Procedure Code of 1896, etc. were used (with numerous amendments).
In the 1970s. After a long preparatory period, the codification of the branches of the new socialist law was carried out. In 1973, the General Part of the Criminal Code was adopted (Law of June 25, 1973), then a new edition of the remaining parts of the Social Security Code of 1935, and in 1979 - a new Criminal Code in its entirety. In 1974, laws on civil, administrative and labor procedure were adopted, and in 1977, a new Criminal Procedure Code and the Law on Organization judicial system. Finally, in 1975, a revised Civil Code and the first Family Code in the country's history were adopted.
The result of the process of creating new legislation was the first Cuban Constitution, approved in a referendum in 1976. Reflecting the general tendency for socialist constitutions to expand the limits of constitutional regulation, the Basic Law covers with its provisions all the main aspects of the life of Cuban society. Its political basis was proclaimed by the Constitution as the power of the working people, based on a strong alliance of the working class with the peasantry and other strata of the working people of the city and countryside under the leadership of the working class and its vanguard - the Communist Party of Cuba.
In the 1980s The Labor Code (1984), the new Civil Code (1987), and the new edition of the Criminal Code (1987) were adopted. In 1982, the General Law on Housing came into force, establishing the procedure for its distribution, management of the housing stock, and ensuring its safety.
The socialist period of development of Cuban law is characterized by a combination of socialist legal principles, ideas and institutions borrowed from the USSR and other countries of the socialist camp, with a strong commitment to national legal traditions. The latter are based not only on the rich legal culture of the former metropolis - Spain, but also on their own, very interesting experience of the legal development of the pre-revolutionary period.
Among the main elements of the socialist legal system that remains in Cuba are the concept of “socialist legality” and the one-party political system Soviet type, the priority of state and public interests over private ones, the privileged position of public property and the leading role of the state in the economy, party leadership of the courts and the law enforcement system as a whole.
The main sources of Cuban law are legislative and other regulations, the hierarchy of which includes the Constitution, laws of the National Assembly, decrees-laws of the State Council, decrees and resolutions of the Council of Ministers, rules and instructions of the Supreme People's Court, by-laws of central government bodies.
Civil and related
branches of law
Cuban private law has long developed as a colonial version of Spanish private law. In 1889, the Spanish Civil Code of 1888 was introduced in Cuba, which in turn was built on the system of the French Code of 1804 and reproduces a significant number of its provisions.
The 1889 Code consisted of an Introductory Chapter and four books containing 1976 articles, 13 transitional and 3 additional regulations. Book I ("Faces") is dedicated to individuals and family law (the position of legal entities was regulated not by the Civil Code, but by the Commercial Code of Cuba of 1886), book II (“Property and Possession”) - various types of property, property rights and other real rights, i.e. possession, use and common property, usufruct and easements, registration of property. Book III deals with questions about the acquisition of property, collateral, donation, inheritance, etc. Book IV covers the law of obligations.
Like all bourgeois Civil Codes of the first generation, the Code of 1889 was based on the principles of formal equality of citizens before the law, the “unlimited and sacred” law private property, the principle of “freedom” of contracts, the limited legal capacity of a married woman, the powerless position of illegitimate children.
The introduction of the Spanish Civil and Commercial Codes in Cuba was accompanied by a number of additions and changes, primarily related to the activities of trading companies and partnerships. After the adoption of the democratic Constitution of 1940 in Cuba, changes were made to the Civil Code expanding the legal capacity of a married woman, granting some rights to illegitimate children and a number of others.
After the 1959 revolution, the Civil Code of 1889 remained in force, but its effect was limited by a number of new legislative acts. First of all, the principles of inviolability of private property and freedom of contract were limited.
Already in 1959, the state established control over all capitalist enterprises of the country, limiting (in the public interest) the action of private enterprise, as well as control over prices, currency circulation, foreign trade. In 1959-1961 nationalization is carried out first of enterprises and property of American citizens, then of sugar factories, factories, railways and other industrial and commercial enterprises.
During the agrarian reform, part of the land was nationalized, part was transferred to peasants within a certain maximum. The plot received by the peasant was not the object of purchase and sale agreements, donation, lease, use, or mortgage. This land could only be transferred by inheritance, sold to the state or exchanged for another (with special permission competent authorities). State estates were created on the basis of nationalized latifundia.
In 1975, a revised Civil Code was adopted. He reproduced those parts of the old Code that were not changed by the laws on agrarian and urban reforms and on nationalization. Marriage and family relations were separated from the Civil Code into the Family Code, adopted in the same 1975. The latter is generally based on principles common to socialist countries; at the same time, it has some features related to the political, economic and social conditions of Cuba. In accordance with the Constitution, marriage is based on the absolute equality of rights and duties of spouses, who must take care of the preservation of the family and the harmonious upbringing of children through common efforts and so that these efforts do not interfere with either spouse in their social activities. A marriage is considered legal if it is registered. Judicial recognition of marriage is carried out in cases where the union between a woman and a man meets the requirements of unity and stability. Divorce is carried out by the court by mutual consent of the spouses or if the court determines that the marriage has lost its significance for the spouses, children, and in connection with this, for society.
In 1987, the National Assembly adopted a new Civil Code of Cuba, which, as it were, summed up the socialist transformations in civil law countries. The main forms of ownership were socialist (state and cooperative) property, the ownership of small farmers in their land and other means and instruments of production, and the personal property of citizens.
The Constitution of 1976 declared that the economic system of socialism, based on popular socialist ownership of the means of production and the elimination of the exploitation of man by man, prevails in Cuba (Article 14); the state organizes, directs and controls economic life in the country in accordance with the Unified Social and Economic Development Plan (Article 16).
Until the end of the 1980s. in Cuba there was a centralized economy governed by command-administrative methods, in which any private economic initiative was excluded. Since the early 1990s. the government is carrying out reforms aimed at introducing market elements with the dominant positions of the public sector (legalization of dollar circulation in the domestic market, the creation of joint ventures, cooperation in the public sector of agriculture and the opening of agricultural markets, permission of many types of individual labor activity, reorganization of the economic management mechanism, attraction of foreign investment ). The legal basis for these reforms was laid with the revision of many provisions of the 1976 Constitution in 1992. Since June 1995, the list of permitted types of small private entrepreneurial activity has been significantly expanded, now including more than 140 items. In accordance with the Law on Foreign Investment (1995), foreign investment is now allowed in almost all areas, “except education and health care,” and the creation of enterprises with 100% foreign participation is permitted.
Business regulation is based on the Spanish Commercial Code of 1885. Many provisions of this Code have been repealed or amended by laws issued since 1958. Intellectual property rights in Cuba are regulated by the Law of Inventors and Innovators of 1982 and Decree-Law 68/83. There is still no bankruptcy legislation on the island.
Labor and social legislation in Cuba arose at the beginning of the 20th century. In 1910, an 8-hour working day was introduced for government officials, hotel workers, restaurants and cafes. A minimum wage was also introduced for officials. Some attempts were also made to limit the exploitation of children (it was prohibited to hire teenagers under 14 years of age). In 1916, compensation for industrial accidents was established, and at the same time pension funds were introduced for elderly teachers, police and army personnel, court and other government employees, dock workers, railroad workers and urban transport workers.
The development of labor and social legislation began at a faster pace after the revolution of 1933. The Presidential Decree of September 19, 1933 established an 8-hour working day for all workers, and in October 1933 - a 48-hour working week. However, this did not apply to agricultural workers, domestic servants, taxi drivers, etc. The Decree of November 7, 1933 confirmed the right to unionize workers and employees of all professions, with the exception of government officials, the army and the police. It also regulated the right to strikes, which could not be carried out without first applying to arbitration (later other restrictions were introduced).
After the 1959 revolution and until the early 1990s. Cuba's labor law developed on purely socialist principles. In accordance with the Constitution, labor was proclaimed the right, duty and matter of honor of citizens. Cuban trade unions are nationalized and are under the complete control of the Communist Party. They are entrusted with the task of actively participating in educational activities. Strikes are prohibited by law and are not permitted in practice. The Ministry of Labor plays an important role in regulating labor relations. In 1984, the Cuban Labor Code was adopted, reflecting a typical approach to regulating labor relations in socialist countries. It provides employees with numerous rights, benefits and social guarantees. A 44-hour work week is fixed.
Since the early 1990s. Some adjustments are being made to labor law related to the introduction of elements of market relations in the country. In September 1993, individual labor activity was legalized.
The public health care system developed greatly during the socialist period, becoming the best in all of Latin America (Health Law of 1983).
Criminal law and procedure
Until 1938, the Spanish Criminal Code of 1870 was in force in Cuba. It was based on the division of all crimes into serious, or actual crimes, and less serious, or offenses. This division remains in Cuban criminal law to this day.
The first Penal Code of independent Cuba was adopted in 1935 and finally put into effect in 1938, along with sentencing regulations prepared by the Ministry of Justice. This Code, called the “Code of Social Protection,” reflected the ideas of the sociological school of law, which declared the task of criminal policy not to punish the criminal, but to protect society from criminal acts. The term “punishment” itself is replaced by the term “sanction”. A “dangerous condition,” identified by specific symptoms, was the criterion for the application of legal liability, or “sanction.” A distinction was made between criminal liability and security measures applied for harmful acts.
The 1935 Code consisted of four books and 594 articles, as well as a number of additional and transitional provisions. Books one and two were, respectively, the General and Special parts of the Criminal Code. The third book dealt with violations of public order and other violations that are not crimes, but entail sanctions; methods of prevention, ensuring the safety of the “individual and society”: forced detention in hospitals, agricultural colonies, correctional institutions, etc.
After the victory of the 1959 revolution, criminal legislation was subject to constant changes, although the 1935 Code remained in force for a long time. The general trend was a constant tightening of criminal repression, especially in relation to “counter-revolutionary” actions. The first acts allowed the application of laws adopted after the crime to defenders of the overthrown regime. Adopted in July 1959, the Law on Increasing Liability for Political Crimes set out in a new edition Chapters I, III, IV of the Social Security Code relating to crimes “against the integrity and security of the state and crimes against state power.” Punishments included the death penalty and imprisonment for up to 30 years. In 1960, a number of serious official crimes provided for in Chapters V and VI of Part VIII of Book II of the Social Security Code (appropriation of property, forgery for the purpose of theft) were classified as counter-revolutionary. In 1961, liability for terrorist activities was strengthened.
In 1973, the General Part of the Criminal Code was adopted (Law of June 25, 1973), and in 1979 the entire new Criminal Code was adopted. The 1979 Criminal Code provided for the death penalty as an alternative punishment for a wide range of crimes. In the 1980s. There was a tendency towards some softening of Cuban criminal policy. When the Criminal Code was revised in December 1987, the death penalty was abolished for “crimes against collective security”, certain types of “crimes against peace and international law”, as well as for robbery using violence or the threat of violence. In addition, a number of political crimes were completely decriminalized, sanctions for many ordinary crimes were reduced, and the range of alternative punishments to imprisonment was increased. However, the death penalty was retained as an alternative punishment in 23 articles, 19 of which included crimes against state security. For another 19 crimes it was provided for by the 1979 Military Crimes Law.
The Cuban Criminal Code enshrines the class nature of criminal legislation, the priority of protecting state interests over personal interests, and the corresponding interpretation of the concept of crime. At the same time, unlike other socialist criminal codes, it reflects the concept of a “dangerous state” (pre-delict danger), and along with punishments, security measures are provided.
The Special Part of the Cuban Criminal Code still retains many elements of crimes typical of socialist criminal law (use of a position in a state-owned enterprise for personal gain, profiteering, illegal departure from the country). In 1993, possession of foreign currency was decriminalized.
The main sources of criminal procedural law are the Constitution and the Code of Criminal Procedure of 1977 (replaced by the Code of Criminal Procedure of 1882). The Basic Law (Article 58) enshrines a number of important procedural guarantees, in particular, it is established that every accused has the right to defense; it is prohibited to use force or coercion of any kind against persons in order to force them to give evidence; Any testimony obtained in violation of this rule is considered invalid, and those guilty of this are subject to punishment as provided by law.
The Cuban criminal process is built on the principles of socialist legality, publicity, openness, and equality of citizens before the law and the court. However, despite the common principles of the Cuban Code of Criminal Procedure, there are a number of important differences from the legislation of other socialist countries, which is due to the preservation of a number of previous legal traditions on the island.
Among the features of the Cuban Code of Criminal Procedure is the presence of rules defining the procedural procedure for assigning security measures. According to Article 404 of the Code of Criminal Procedure, the competence of municipal people's courts includes consideration of signs of pre-delict danger and the appointment of security measures in all cases where this is established by substantive criminal law. In accordance with Article 405 of the Code of Criminal Procedure, proceedings to consider the sign of pre-delict danger begin at the written request of the prosecutor, which sets out the facts and data necessary to identify the person against whom the security measure is directed, and also proposes a specific measure. In the case of mental illness, drug addiction and dipsomania (binge drinking), such a petition can be submitted by the guardian or legal representative of the person to whom the security measure should be applied, and in their absence, the relative under whose guardianship the said person is. The final question of security measures is decided by the court (Article 417).
The Code of Criminal Procedure (but not the Constitution) of Cuba provides for such an institution as an appeal through habeas corpus (an appeal to a court against the legality of detention). This institution was borrowed from the Anglo-Saxon legal system and had no application in the criminal procedural legislation of the USSR and other socialist states, since in them supervision over the legality of detention and arrest was carried out exclusively by the prosecutor's office. According to the Cuban Code of Criminal Procedure, a person can be held in custody for no more than 7 days before a court decision.
If the Soviet criminal procedural legislation knew only cassation, then the Cuban law provides for both cassation and appeal.
In municipal courts, criminal cases are tried by panels of one professional judge and two lay judges. More serious criminal cases in provincial courts are heard by panels of 3 professional judges and 2 lay judges.
A special, complicated procedure has been established for imposing death sentences. Cases of crimes punishable by death that fall under the jurisdiction of civil courts are first heard in the provincial people's court. Cases in which death sentences are imposed are automatically sent to the Supreme People's Court for review. If this court approves the verdict, the Minister of Justice examines the case and makes recommendations to the Council of State. The Council of State has the right to decide whether to execute or pardon a convicted person; pardon has the form of commutation death penalty imprisonment for a term of not more than 30 years.
According to international observers, legal procedural guarantees and principles of justice are often not respected in practice, especially in relation to political prisoners.
Judicial system. Control authorities
The foundations of the judicial system are enshrined in Chapter X of the Cuban Constitution, “Courts and the Prosecutor's Office.” The function of administering justice belongs to the people and is carried out on their behalf by the Supreme People's Court and other courts established by law (Article 121). The courts constitute a system of state bodies, functionally independent from any other bodies and subordinate only to the National Assembly of People's Power and the State Council (Article 122). Judges, when performing their functions, are independent and subject only to the law.
In accordance with Article 124 of the Constitution, the Supreme People's Court is the highest court, and its decisions are final. Through its presidium, it exercises legislative initiative and powers in accordance with regulations, makes decisions and issues rules binding on all people's courts, and, based on their experience, issues mandatory instructions to establish a unified judicial practice when interpreting and applying the law.
The provisions of Article 124 of the Constitution are reproduced in paragraph “b” of Article 21 of the Law “On the Organization of the Judicial System”. The Plenum of the Supreme People's Court of the Republic may send judges of this court to provincial and municipal people's courts to check the sentences passed, obtain data on the state of crime, as well as various aspects of the activities of the said courts, collect information on the correct and uniform application of the law and in connection with the publication relevant instructions. The Plenum exercises control and supervision over the judicial activities of all courts through the Governing Council.
The second link of the Cuban legal system consists of provincial courts, which consider at first instance certain categories of criminal, civil and other cases, as well as complaints against decisions of municipal courts that make up the lower link. Municipal courts hear the bulk of all criminal, civil and other cases at first instance. A separate vertical is formed by military tribunals, for which the highest authority is the military chamber of the Supreme People's Court.
The Supreme People's Court and provincial courts have chambers (salas) for criminal, civil, administrative, labor and state security matters (the Supreme People's Court is also a military chamber).
All courts make decisions collectively. Professional judges and lay judges have equal rights and responsibilities.
The courts report on their activities to the Assembly, which elected them, at least once a year. The right to recall judges belongs to the body that elected them. Article 66 of the Cuban Constitution establishes that all courts are elected and periodically renewed. The Law on the Organization of the Judicial System of 1977 regulates in detail the procedure for selecting judges and assessors, and also indicates the requirements that persons elected to the position of judges and assessors must meet. According to Article 66 of this Law, a judge must be fit to practice law; have a diploma issued or certified by a university or an authorized official institution; be a Cuban citizen by birth or naturalization; actively participate in revolutionary activities; have high moral qualities and enjoy a worthy reputation.
Cuba still has comrades' courts that hear cases of minor offenses and some types of civil disputes.
Prosecution of criminal cases (felonies only, not misdemeanors) and general supervision are carried out by the prosecutor's office. In accordance with the Constitution (Article 130), the main task of the General Prosecutor's Office of the Republic is to monitor compliance with socialist legality by state bodies, economic and social institutions and citizens. The prosecutor's office also initiates requests for the application of security measures, approves search orders, verifies the legality of detention, monitors the execution of punishments, and represents the public interest in non-criminal types of proceedings.
The Attorney General's Office is a single body subordinate exclusively to the National Assembly of People's Power and the Council of State. The Attorney General receives instructions directly from the Council of State and reports on his activities to the National Assembly of People's Power at least once a year. He directs the activities of the prosecutor's office throughout the national territory. Prosecutor's offices are organized vertically, report only to the Prosecutor General's Office and are independent from local authorities.
The Attorney General and his deputies are elected and may be recalled by the National Assembly of People's Power. The Prosecutor General is an ex-officio member of the Presidium of the Supreme People's Court.
Literature
Krasheninnikova N.A. History of the state and law of Cuba. M., 1966.
Azieri M. Introduction to Cuban Socialist Law // Review of Socialist Law. Vol. 6. 1980. P.153-163.
Berman H.J. Impressions of Cuban Law // American Journal of Comparative Law. Vol. 28. 1980. P. 475-486.
Lisborne J. Cuba // International Encyclopedia of Comparative Law. Vol. 1. 1977. P.C95-102.
