Definition and Origin of the Soviet Occupation Zone
Die Soviet Occupation Zone (SOZ) refers to the territory of the former German Reich which, after the end of the Second World War in 1945, was placed under the administration of the Soviet Union. It was one of four occupation zones on German territory and largely comprised the present-day states of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt, and Thuringia. The SOZ existed from 1945 to 1949 and formed the basis for the establishment of the German Democratic Republic (GDR) on October 7, 1949.
International Legal Basis of the Occupation Zone
The legal basis for establishing the occupation zones was laid during the conferences in Yalta (February 1945) and Potsdam (July-August 1945). In the Potsdam Agreement of August 2, 1945, the victorious powers—the Soviet Union, the United States, the United Kingdom, and France—agreed on the temporary control of Germany in the form of four occupation zones. The Soviet Occupation Zone was thereby placed under the administrative authority of the Soviet Military Administration (SMAD).
The SOZ was not an independent state under international law, but an occupied territory in which the Soviet Union wielded legislative, executive, and judicial power. The legal basis for this was the law of occupation pursuant to the principles of the Hague Regulations on Land Warfare (Articles 42 et seq.).
Legal Status and Administration
The Soviet Military Administration in Germany (SMAD)
The administration of the SOZ was exercised exclusively by the Soviet Military Administration in Germany (SMAD). The SMAD was an administrative and control authority with extensive legislative and executive powers. It issued directly binding orders and instructions which took precedence over all German regulations. This led to the repeal or modification of German laws, especially with regard to denazification, demilitarization, and economic restructuring.
Local self-government bodies were permitted to operate within the limits of the control authority, but remained under the constant supervision of the SMAD. The reintroduction or dissolution of political parties as well as the approval of social organizations were also subject to the decision of the Soviet administration.
Legal System and Legislation During the Occupation Period
The legal system of the SOZ was gradually transformed. Initially, the legal provisions of the German Reich continued to apply, unless expressly repealed or amended by the SMAD. In the course of the political and social restructuring, the SMAD issued numerous orders, for example regarding land reform, the expropriation of war criminals and large landowners, and the reorganization of the judiciary.
The most important basis for this was the orders and directives of the SMAD, which acted as the supreme authority for administration, jurisdiction, and executive power. The German population in the SOZ was directly subject to these regulations, with only limited means of legal objection.
Impact on Property Rights and Asset Structures
One of the most significant interventions in existing legal relationships were the expropriations and redistributions carried out as part of the so-called ‘democratic land reform’ measures. Land holdings over 100 hectares were expropriated without compensation, as was the property of war criminals and Nazi-related actors. In addition to land reforms, nationalizations of industrial and commercial enterprises took place. These measures affected companies, banks, and insurance firms, which were transformed into ‘people’s property.’
The legal regulations for this were primarily established through orders issued by the SMAD and determined the property regime in the SOZ until the founding of the GDR. The expropriations were later specially enshrined in the GDR constitution and marked a fundamental break with the previous legal order.
Transition to the German Democratic Republic
Legal Foundation of System Change
On October 7, 1949, the territory of the SOZ became the German Democratic Republic (GDR). With the entry into force of the GDR constitution of 1949, the Soviet administrative regulations that had applied until then were gradually replaced or incorporated into national law.
The former SOZ now saw itself as a sovereign socialist state, although the Soviet Union continued to exert substantial political influence. However, under international law, Western states did not recognize the GDR’s sovereignty until the Basic Treaty of 1972. Legal conditions from the occupation period, especially concerning property and administration, continued to have a lasting effect for many years.
Aftereffects and Jurisprudence After 1990
The legal acts related to the SOZ, especially expropriations and other asset transfers, became the subject of extensive legal debates and legislative attempts after the reunification of Germany in 1990.
The Law on the Settlement of Outstanding Property Issues (Property Law) which came into force on September 23, 1990, regulates, among other things, claims for restitution or compensation in relation to expropriations carried out in the SOZ. The Federal Court of Justice and the Federal Constitutional Court had to repeatedly decide to what extent old measures from the SOZ or GDR period were subject to legal review or could be reversed.
In principle, the Treaty on German Unity stipulated that expropriations on an ‘occupation-law basis’ outside the territory of the Federal Republic of Germany as of 1949 would not be reversed unless specific federal law applied.
Summary
Die Soviet Occupation Zone was, from a legal standpoint, an occupied territory under international law, administered by the SMAD on the basis of the Potsdam agreements. Its main legal characteristics included the temporary suspension of German sovereignty, extensive interventions in property rights, the reorganization of administration, and the transformation of the legal system. The transition from the occupation zone to the GDR in 1949 and the subsequent legal questions after 1990 make the SOZ a central subject of study for the development of German state and international law in the 20th century.
Frequently Asked Questions
What was the legal basis for administration in the Soviet Occupation Zone after 1945?
With the end of the Second World War and Germany’s unconditional surrender on May 8, 1945, the state sovereignty of the German Reich was abolished. The Allies assumed supreme governmental authority in accordance with the ‘Berlin Protocol’ and the decisions of the Potsdam Conference. For the Soviet Occupation Zone (SOZ), this meant that all administrative and legislative powers were transferred to the Soviet Military Administration in Germany (SMAD). The SMAD governed based on the directives of the Allied Control Council, especially Control Council laws and orders, as well as its own orders and instructions that were binding for the SOZ. The SMAD also appointed local German administrative bodies, whose actions always remained under Soviet supervision and were subject to Soviet directives. The law that had applied in the Reich until the end of the war was generally continued, unless it was repealed by Allied law, especially Soviet orders, or replaced by new legal acts.
How were courts and the judiciary organized and controlled in the SOZ?
Judicial continuity in the SOZ was initially ensured by the resumption of the activity of courts at lower levels, which had previously operated under Reich law. However, all legal institutions and their personnel were strictly controlled by the SMAD. Step by step, judges, prosecutors, and other judicial staff were screened and replaced as part of denazification. The SMAD reserved the right to overturn court verdicts or transfer proceedings to Soviet military tribunals, especially in politically relevant and security-related matters. From 1946, state judicial administrations were established, and from 1948, new rule-of-law structures modeled on the Soviet system were developed, reflected in the increasing politicization of the judiciary and paving the way for the development of an independent GDR legal system.
What was the legal significance of expropriations and land reforms in the SOZ?
The ‘land reform’ and expropriation of large agricultural estates as well as industrial enterprises were among the most drastic legal measures in the SOZ. They were implemented partly by direct Soviet orders and partly by German central administrations and provincial administrative laws set up in the SOZ. The main legal foundations were SMAD Order No. 124 (land reform) and No. 64 (transfer of enterprises into people’s or state property). The confiscations took place without compensation, which remains controversial both under international and domestic law to this day. The new ownership structures were legally documented in corresponding land register changes, with agriculture especially distributed to so-called ‘new farmers’ and industrial enterprises transferred to Soviet joint-stock companies (SAG) or People’s Owned Enterprises (VEB).
How was the relationship between Soviet occupation law and German law regulated in the SOZ?
A so-called layered legal system (Schichtrecht) applied in the SOZ: existing German law was implemented where it did not conflict with the political and economic objectives of the Soviet occupation power. Soviet occupation law, in other words, orders and commands of the SMAD, always took precedence and could override, modify, or supplement German law. This hierarchy was strictly enforced by the Soviet authorities. In addition, the SMAD enacted laws mandating German actors, yet those could only operate independently within the limits of Soviet guidelines. As a result, legal uncertainties and numerous conflicts arose, which were formally resolved only with the formation of the GDR and its own legislation.
Which legal norms governed denazification and its implementation in the SOZ?
Denazification in the SOZ was regulated by SMAD orders, such as Order No. 201 (September 1945), which required the removal of NSDAP members and compromised persons from public office. At the same time, the SMAD established ‘special committees’ to review officeholders. The legal basis consisted of both Allied Control Council directives—including Control Council Directive No. 24—and specific regulations at the zonal level. Unlike in the western occupation zones, denazification in the SOZ was often conducted with the aim of socialist restructuring and political control, which was also reflected in the composition and powers of the denazification commissions.
To what extent were public sector employees legally obligated to comply with SMAD instructions?
With the establishment of German administrative structures in the SOZ, beginning at the municipal level up to central administrative bodies, all officeholders were subject to direct orders from the Soviet military authorities. The SMAD’s authority was all-encompassing: acts enacted by German entities had to comply with the objectives, instructions, and requirements of the Soviet occupiers and could be revoked or changed at any time by Soviet commandantures. Public employees could be dismissed or penalized by Soviet authorities without stating reasons. Therefore, legal autonomy in terms of democratic or rule-of-law principles did not exist for public sector personnel.
What legal changes occurred with the founding of the GDR in 1949 with regard to the SOZ?
With the proclamation of the German Democratic Republic on October 7, 1949, the SOZ formally became an independent German state. Legally, this marked the transition from occupation administration to self-government of the GDR, although Soviet troops remained stationed and continued to exert influence in certain matters. The GDR initially adopted large parts of the legal framework set by the SOZ but gradually issued its own constitutions, laws, and administrative structures. Sovereignty remained limited, as the Soviet control power could still intervene politically and militarily, especially until the declaration of sovereignty in 1955. Nevertheless, with the founding of the GDR, the period of purely occupation law ended from a legal perspective.
