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Yeltsin ban on Communist Party partially goes
MOSCOW, Nov 30: Russia's top court delivered a mixed verdict Monday on President Boris Yeltsin's crackdown on the Communist Party: it largely upheld his ban on the party, but allowed it to resume grassroots activity, reports AP.
Both sides claimed victory, on the eve of a crucial session of Russia's Congress of People's Deputies
For Yeltsin, the ruling by the Constitutional Court could shield him from impeachment attempts by former • Communists who dominate the Congress. For the Communists, the ruling means they can begin to reorganize.
The court decided that Yeltsin acted constitutionally when he shut down the national structure of the party, headed by the Politburo that ruled the Soviet Union for seven decades.
But the court also said grassroots Communist groups can exist, and left open the possibility that they could rebuild a national organization.
Chief Judge Valery Zorkin, who presided over the four-month landmark trial, announced to a packed courtroom that Yeltsin had authority to seize state property that was under the party's control. The panel of 13 judges said other party property whose source has not been determined should not have - been seized without a decision of the Court of Arbitration, the country's business court.
The ruling has all the qualities of a compromise," said Andrei Makarov, a Yeltsin lawyer.
The regional organizations of the Russian Communist Party were pronounced lawful, as well as the property that was not established as belonging to the state," he said.
Yegor Ligachev, the party's former ideologist, said the ruling would allow the party to "both revive and unify,"
He predicted it wijl give a boost to former Communists who have formed various smaller parties, and that these
gradually will unite and try to regain property through the courts.
Makarov, however, did not think the Communist Party was likely to restore itself on the basis of its "regional organizations."
Another Yeltsin lawyer. Mikhail Fedotov, predicted that former Communists will sue to reclaim property bought with party dues, such as old age homes and youth camps.
Further legal action almost certainly will be necessary to determine what property be longed to the state and what was purchased from the dues of the party's 19 million mem bers.
The Communist Party once owned office buildings, apartments, resorts, hospitals, schools, newspapers, automobiles and vast bank accounts. Since its dissolution, these have been taken over by the state or groups of workers.
"I think this is a victory not so much for the President as for society as a whole, which is
learning to resolve such dis putes in a normal, legal fashion." Fedotov said.
Yeltsin had no immediate comment on the ruling.
The trial resulted from a lawsuit filed by 37 pro-Communist legislators. They argued that Yeltsin exceeded his constitutional authority when he issued three decrees banning the party and national tzing Its property after the failed August 1991 coup.
Fifty-two anti-Communist lawmakers filed a countersuit, arguing the party was an unconstitutional organization that illegally grabbed power tn the 1917 Revolution, killed millions of people during Josef Stalin's reign, and resisted reform right up to its demise.
The court ruled that the countersuit by the anticommunists was moot, because "in August 1991, the Communist Party of the Soviet Unlop In fact collapsed and lost the status of an all-union organization, and Its organtza-
tfonal structure was dissolved."
The trial ended Nov.- 13 despite the refusal of former Soviet President and Communist Party leader Mikhail Gorbachev to testify. He was fiped and banned temporarily from travel abroad for his refusal to appear.
•The timing of the verdict — the day before the Congress convenes — had raised suspicions that the court was trying to influence the political process.
Hard-liners tn the Congress had hoped the court would declare Yeltsin's decrees unconstitutional and thereby provide grounds for his impeachment by a two-thirds vote of the nation's 1,046-mcmber parliament. which opens Tuesday in the Kremlin.
Because of the mixed ruling however, the impact on the Congress was in doubt.