Anniversary of the Communist Party. For ta against. trial of the CPSU on the street and in the hall of the decision of the constitutional court of Russia from the CPSU

Reinvention of the Communist Party- the process of incorporation of the Communist Party Russian Federation after the disintegration of the Radyansk Union, which ended with the II supremacy, the joint and decisive z'izd of the Communist Party of the RRFSR and a kind of primordial foundation in the її current look. The process of renewal of the Communist Party of the Russian Federation in 1992-1993.

Prehistory

Review of "Help the CPRS" at the Constitutional Court of the Russian Federation

The session of the Constitutional Court of the Russian Federation (head - ) on the "Council of the CPRS" was held on May 26, 1992. The process stretched out more like a pivroku. The group (V. A. Bokov, I. M. Zorkaltsev, V. Bratishchev, V. A. Bokov, I. M. I. Bratishchev, V. , M. I. Lapshin, I. P. Ribkin, V. I. Sevastyanov, Yu. M. Slobidkin, A. S. Sokolov, D. E. Stepanov, B. V. . A. S.). A. Bogolyubov, V. G. Vishnyakov, B. P. Kurashvili, V. S. Martemyanov and B. B. Khangeldiev). As representatives of the president of Russia, having seen this decree, the secretary of state under the presidents of the Russian Federation G. E. Burbulis, doctor of legal sciences M. A. Fedotov and deputy of the Supreme Council for the sake of the RRFSR S. M. Shakhrai spoke as supporters of this slander.

A group of over seven dozen people’s deputies of a “democratic” orientation (at the court, their interests were represented by deputies I. A. Bezrukov, A. A. Kotenkov, O. G. Rumyantsev and lawyer A. M. Makarov) filed a summons for extortion the activity of the CPRS and the CP of the RRFSR is non-constitutional, and indicate about their fence - constitutional. When examining the interests of the CPRS and the CP RRFSR, lawyers V. G. Vishnyakov, Yu. V. Golik, Yu. P. Ivanov, A. V. Kligman, B. P. Kurashvili, V. S. O Mironov, F.M. .AT. Kalashnikov i , the intercessor of the head of the Central Control Commission of the CPRS M. I. Code and deputy Yu. M. Slobidkin.

The arguments of the parties to the originality were not rejected. Those who represented the interests of the CPRS and the Communist Party of the RRFSR, rightly stated that the president does not have the right to defend the party, it is the prerogative of the court. Lawyer Makarov and the company, apparently, confirmed that the CPRS (and also the Communist Party of the RRFSR, as it was a structural part of the CPRS), did not become a party, but a sovereign structure. As a certificate before the court, among others, the general secretary of the Central Committee of the CPSU and the president of the SRSR, protested against the court's testimony.

Glyadachi z "democratic" enormity in the course of the process showed themselves to be people who are already "tolerant" to other points of dawn, "tolerant", "preparing for dialogue" and vzagali - civilized. So, the political observer of the newspaper "Kuranti" sings O.Ivanov, talking in the spirit that communist propaganda can be recognized as "the most serious malice against the people", and take it for granted not otherwise like a "recognized rank". Don’t be surprised at the fact that the ranks of the right-wing (democratic) ladies (you yourself, who already stand on the side of the violators of the law and lamatize the brushes of the defenders of the Constitution with clubs) are mali vidpovidny mood:

On November 30, 1992, the decree of the Constitutional Court of the Russian Federation No. 9 - P. The majority of paragraphs of all three decrees of Yeltsin was recognized as the supreme Constitution. However, there were important blames. Так, визнавши законність розпоряджень про передачу майна КПРС органам виконавчої влади стосовно тієї частини партійного майна, яка була державною або муніципальною власністю, суд водночас визнав неконституційною націоналізацію майна, яке офіційно було власністю КПРС або перебувало у її віданні, хоча права власника взагалі були визначені документально ; superechki about the share of which lane was pierced by the court order. It was also legal to recognize the dissolution of the core structures of the CPRS and the Communist Party of the RRFSR, the proteo dissolution of the first party organizations, adopted on the basis of the territorial principle, it was deafened by the action, as it did not comply with the basic law. Mustaches of superechki shodo maina, the ruler of which power was not, can be vyrіshenі in court order

ІІ z'їzd KP RRFSR. Creation of the Communist Party

The decision of the Constitutional Court of the Russian Federation on 30 November 1992 created the fate of the legal foundations of the activities of the first organizations of the Communist Party of the RRFSR, and also of the establishment of the Communist Party for the improvement of these organizations. It was not without reason that the Organizing Committee was created out of a call to the Russian Communist Party, which was the great first secretary of the Central Committee of the Communist Party of the RRFSR V. A. Kuptsov.

650 delegates were elected to the 2nd supremacy of the Communist Party of the RRFSR, which took place in the Moscow region on February 13-14, 1993, 65 people's deputies in Russia and 10 people's deputies in the USSR. Z'yzd having looked at the information about the camp in the krai and the head of the communists, the draft statute and the election of the central bodies of the party, having confirmed the new name of the party: "The Communist Party of the Russian Federation", - having adopted the program statement, and also formed the Central Vikonov Committee 8.

У програмній заяві з'їзд, з одного боку, підкреслив, що «саме соціалізм відповідає життєвим інтересам Росії та абсолютної більшості її населення» і проголосив вірність марксизму-ленінізму та матеріалістичній діалектиці, - з іншого, було висунуто ідею про сумісність соціалізму та ринку. Most of the delegates supported the idea of G. A. Zyuganov, the need to establish socialist and patriotic values.

At the organizational plenum of the Central Exhibition Commission, which came out of the sky, sharply speaking out against the head of the Central Exhibition Commission "Gorbachovets" Kuptsov and the achievement of success: the head of the Central Exhibition Commission was rounded up by Zyuganov, the first intercessor of the head - Kuptsov, the intercessors of the head - Yu. P. Belova, S. P . , St I. Zorkaltseva, M. I. Lapshina, I. P. Ribkin.

There were voiced propositions on the Z'їzdі propositions to unite with the communist parties working on the territory of Russia (zokrema, ) bіdkinutі.

Їx mineo that dissolution. On the right, a bula was wound up for the noises of 37 people's deputies of Russia.

The process took part:

representatives of 37 deputies.
representatives of the interests of the CPRS and the CP of the RRFSR (chastkovy fought with the front group).
presidential representatives,
representatives of a group of over 70 people's deputies, who raised the issue of the constitution of the CPRS and the Communist Party of the RRFSR.

According to the Decree on the regularity of the activity of the Communist Party of the RRFSR, it was recognized as such that it did not validate the Constitution, attributing to the Minister of Internal Affairs and the Prosecutor's Office "to conduct an investigation of the facts of the anti-constitutional activity" of the party, as well as an item on the recruitment of rank by decree. For other decrees, the court ruled unconstitutional the dissolution of the organizational structures of the first party organizations, established on the basis of the territorial principle, and also depriving the forces of the dissolution of the core structures of the CPRS and the Communist Party of the RRFSR. Rosarbannia about the transfer of Main compartments to the organs of Viconavicho Buli Visanniy constitutioniy parties of the Kernoyean CPRS Main, the sovereign aboan of the muniCiypal power, the vanity of the power of the PPRS, I was rightly overwhelmed . Z pitanya about re-verification of the constitutionality of the CPRS and the CP of the RRFSR was blamed on the connection with the fact that in the sickle-spring of 1991 the CPRS actually fell apart.

Judge Gadzhiev poznishe stating that "the decision was rich in what was dictated by political reasons - it was not born out of legal logic."

Judges Kononov, Ebzeev and Luchin presented special thoughts.

Notes

Literature

Materials refer to the revision of the constitutionality of the decrees of the President of the Russian Federation, what are the activities of the CPRS and the CP of the URSR, and also about the revision of the constitutionality of the CPRS and the CP of the URSR. - M: Vidavnitstvo "Spark", 1996-1998. Do 6 volumes
Bukovsky V.K. Moscow process. - M.; Paris: MIK: Rus. Idea, 1996. - 525 p. - ISBN 5-87902-071-1
Judgment notes:
- A. Kononov. P'yatirichcha of the Constitutional Court of Russia. Bulletin of the Constitutional Court of the Russian Federation, 2, 1997. Quoted in V. Nezakinchen's Bredikhin "on the right of the CPRS". Certify archival documents Gromadyanin No. 1/2000
- V. Zorkin Quoted in the Holy Trinity for the Unburied Mayor "Komersant" No. 120 (1078) dated 17.07.1996
The participants, right on the side of the president, and the group of deputies, murmured about the assessment of the constitutionality of the activity of the CPRS
Participants at the side of the applicants and CPRS-KP RRFSR
- Rudinsky F. M.“Right of the CPRC” at the Constitutional Court: Notes of a participant in the process M .: Bilina, 1999
- CPRS posture by law?! Constitutional Court near Moscow. - Order. S. A. Bogolyubov. Issue I. - M .: Baikal Academy, 1992

Posilannya

Chapter 5 Sobchak A. A. Zhila-bula KPRS
Decree of the Constitutional Court of the Russian Federation No. 9-P, dated 30 leaf fall, 1992 (the knights were asked for conclusions about the judges, de briefly summed up their special thoughts) New text praised without any special thoughts of accessibility through a search on the website of the Constitutional Court of the Russian Federation
Visnovok of experts of the Commission of the State Military Forces of the Russian Federation for the transfer to the receiver of the archives of the KDB and the KPRS in the country of conservation

Wikimedia Foundation. 2010 .

Marvel at the same "Right of the CPRS" in other dictionaries:

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Books

Head note. On the right, about the collapse of the SRSR, Mikola Rizhkov. Thirty years ago, at the end of 1985, the Plenum of the Central Committee of the Communist Party of the Soviet Union, on which MS Gorbachev announced a program of broad reforms under the heading of "accelerating the social and economic development of the country."

The CPRS was by no means just a party, like everyone else. Vaughn did not jump. Vaughn did not jump to the point of participation in the current state power, but to the point of being buried. Won not just control over the power; in all vidnosins, let's name it, there was a power.

Margaret Thatcher.

From the application dated 06.07.92, when hearing from the Constitutional Court, inquire about the CPRS

We say "party", maybe in uvazi - "power".

V. Selyunin

Крах комуністичної партії, що зуміла, здавалося, заповнити собою всі пори суспільства, підкорити собі всі державні структури, вигнати і придушити всяке інакомислення, був як грім серед ясного неба, хоча симптоми саморозпаду виявлялися давно, проте спираючись на майже двадцятимільйонну армію своїх членів компартія здавалася unbreakable monolith. It was terrible to think that Yogo could be kidnapped and destroyed. During the hours of Stalin, it was given (it was so true and it was true) that the Communist Party could work from the country everything that fell on the thought of the elder kerivniks, that they lived wisely. And raptom in front of our eyes, everything began to fall like a castle, wake up out of the blue.

It is one of the most grandiose social cataclysms, which can be compared with the scale and legacy of the collapse of Ancient Rome. Ale there, the agony thrived for over a hundred years and under the onslaught of outer forces, but here everything became mitt and after the internal reaction to self-destruction.

If the Osіv drank and the first shock had passed, a little zdivuvannya came to change for you, who, in the army of the rich army of communists, didn’t know anyone, who would raise his voice to defend the communist ideals and the Marxist-Leninist ideology. Imovirno, to the one who was not an ideal king, he himself did not suspect about it, we had been naked for a long time.

Prote richly scho in this history dosіshaetsya unreasonable and have a mystical character: like shvidko, smut, bloodlessly fell so relatively, seventy-five fates of the life of power! Adzhe kommunisti zumili created the most unique system of power in the history of humankind, in which it was impossible to distinguish who were rotten and who were oppressed. Everything in this system, the government acted alternately in that, and in a different way. The porter, the taxi driver, the plumber, the passport officer, and whether it was the most important official or the worker, mali their part of the social power, as if they were able to bezkarno belittle the be-like people, as though they were hvilina opined in the staleness of it. Equanimity in the absence of rights on every day life was encouraging the illusion of total equivalence, about how day and night the communist propaganda was repeating on all equals. The lack of evidence of power, the ambiguity of who specifically praises those chi іnshe decision, is less than a trace of the party nomenclature’s pragmatism (even to the greater laki) Zvіdsi narodzhennya vіdomih formulas when prinyatti decision: є dumka, іsnuє vkazіvka just - without deciphering, whose thought, zvіdki vkazіvka.

The party nomenklatura (including Lenin and navit Stalin) was always afraid of the consequences for the crime. To that, since the failure of the communist putsch in Serpni 1991 was the fate of the fence on the activities of the CPRS, it naturally became a source of investigation and public investigation of all evils in the communist party against its people.

The thought about the judicial re-examination of the communist party, which usurped power, violated all human and divine laws, which brought inhuman suffering to the people, who paid tens of millions of victims in order to encourage the "bright" future - such a thought was born in nature. Tim is greater, which is already a historical precedent for the international Nuremberg Tribunal, which denounced the wicked Hitlerite party and put the Nazis behind the law. Whom did that party elite fear, whose hands were elbow-deep in blood, and the violation of laws was not taken to the point of respect.

Until then, you had to bring fresh cases to trial of the certifiers of the "fraternal" communist parties in the Nimechchina, Bulgaria, Czech Republic, and Romania.

Deyakі z osіb, due to the organization of the putsch, squabbled so much that they spared life after that failure, and, ironically, for nothing. Because in new Russia no one thought about those that the CPRS should judge and slander with a malicious organization. The new curiosity of Russia was about to be tied up with it - one might say, it went beyond the Communist Party.

If the first perelyak passed through and the nomenklatura army babbled, that I didn’t threaten anything, they began to have mercy on the skin day. A handful of functionaries were satisfied with it, that they again took away the plantings at the various present places, and then, seeing their strength and support from the side of the great deputies of the Verkhovna Radia, they crossed over to the offensive. In the first trial sack, the deputies-communists were sent down to the Constitutional Court because of the exclusion of illegal, non-constitutional decrees by Yeltsin about the defense of the activities of the CPRS and the Communist Party (KP) of the RRFSR, as well as about the names of organizations.

So, on July 7, 1992, this judge’s farce was born, which I mentally designate as a trial of the CPRS, wanting a fair trial, apparently, it didn’t.

Guess what, how everything seemed to go.

Dyuchi faces

and vikonavtsi:

members of the Constitutional Court on the basis of their own head V. D. Zorkinim. Mustache without a blame for the amount of communism. Acts from them (similar to the trial of V.O. Luchin) from the first day of the process did not attach their party likenesses, and the head of the court - its task to actively intervene in the political process, which in the future led to the discrediting of the Constitutional Court of that role systems of government authorities.

Busy bik:

a group of people's deputies in Russia at the warehouse 37 osib, the middle of the ninth head of the State Duma I.P. Ribkin, pilot-cosmonaut V.I. Sevastyanov, leader of the Agrarian Party M.M. Lapshin and others (most importantly, comrades with solid nomenklatura minulim), on December 27, 1991, filed a fuss about the illegality and reversal of the constitutionality of the decrees of the President of Russia: on April 23, 1991, the fate of "About the end of the activity of the Communist Party"; dated April 25, 1991, "About the mine of the KPRS and the Communist Party of the RRFSR" and dated November 6, 1991, the year "About the activities of the Communist Party of the Soviet Union and the Communist Party of the RRFSR".

Yak representatives of the party, Yak turned into

court, There were many secretaries of the CPRS and the Communist Party of the RRFSR Ivashko, Kuptsov, Melnikov, Kalashnikov, Zyuganov, as well as professors of law, who helped defend the position of the Communist Party.

It was informed about the appearance of the remaining General Secretary MS Gorbachov as an official representative of the CPRS, who was involved in the process in this way.

Later, at the spring of 1992, the Constitutional Court called Gorbachov's vote as a certificate and imposed a fine for failing to appear. Apparently, Gorbachev didn’t show up before the court, afterward, following the tradition laid down by Lenin, he decided to appear before the court of the communist party, as if on the cob of his activity, he set himself more for the court and the law.

The side, as I have seen acts, the constitutionality of any of them is reversed

(This is how the representatives of the President of Russia were officially named in the documents of the Constitutional Court): Burbulis, Shakhrai, Fedotov, as well as the people’s deputies of Russia Kotenkov, Rumyantsev, Bezrukov, yak filed a slanderous slander about recognition by the non-constitutional CPRS and the Communist Party of the RRFSR.

The first session of the court took place on 7 March 1992, and praised the Constitutional Court on the 30th of November 1992. As a matter of fact, all meetings of the court were attached to the discussion of the constitutionality (and also, legality) of two sanctions, as in these decrees: 2) mine, which was in the hands of the ordering party organizations and organizations, to voice the power of the state.

Conducting a perseverance of the non -confusion of the Tsich Sanziy, the representers of the compartments of them, they requested a legal exertion, rushed to those, the Rights of the Grumadnni of the Gromadziki (that of the number of murderer. The Communist Party, the stench asserted, is the most important public organization, as well as the supremacy of the minds of the blind, and the President is behind the Constitution, which he did at that moment, without having the right to take the role of a large public organization, to break the law. Zrobiti tse mozhe less court. One of the representatives of the Communist Party, the largest people's deputy of Russia V.I. Zorkaltsev managed to get to the point that the Communist Party of the RRFSR, long before the presidential decrees were seen, was essentially an opposition party and could not exert pressure on the organs of state power, the oskolki "was not included in the current administrative structures." And they said, without batting an eye, the representatives of the party, that they set themselves more for the law (guess Lenin’s bagatarovsky speech about the power of the proletariat, not constrained by any laws), more for the state, more for religion and morality, and for decades, uncontrollably and without carnage, disposed of shares hundreds of millions of people in all the country's banyas.

Particularly ridiculous are the attempts to equate the Communist Party to the comradeship of myslivtsіv chi blind, as if guessing that before the Brezhnev Constitution of the SRSR of 1977, the camp of the CPRS (and before the whole RCP (b), VKP (b)) did not start up in the acts Komartiya Nikoli did not rely on the yak of the Suspyl-field organized, Tobto statue on the subject of formally legal position, on Yakik Bula, the whole argument of the communist is prompted, then the staff of the Party in our regional tu. - all tse visibility, a deceit to the dawn, nothing from a formal legal point of view was noticed.

Ale, the representatives of the Communist Party argued far away in court, since, as it was founded on the basis of the article of the Constitution, the CPRS is called "the core and direct force of the radyansky supremacy, the core political system to all sovereign and hromada organizations, from the beginning of the internal and to the old politics, after all, the activity of the Communist Party was of a constitutional nature.

Try to know what kind of activity, which would not fit into the formula about the core and the direct role of the Communist Party in the economy. To that, if the activities of the CPRS are evil, then the stench may be addressed not to the party, but to specific persons from the її kerіvnitstv. Однак розпливчастість і всеосяжність формулювань шостої статті Конституції, доповнених потім положеннями військових статутів, інструкцій та положень МВС та КДБ, відповідно до яких вони повинні відповідати своїй діяльності з партійними директивами та вказівками партійних органів, є найкращим аргументом на користь законності указів Президента. Adzhe qi indicate buli directing to the attachment of dialnosti not suspіlno- political organizations, I didn’t create such a CPRS, but a pseudo-party, which created the organizational structures of the establishment of power and subordination of all other state and public institutions in the country.

p align="justify"> The system of party bodies - committees of the CPRS - was typical not for a political party, but for a state structure: it exactly recreated the administrative-territorial division of the SRSR, but it was more galvanized, since the party organizations were literally created in for the production and territorial centers of the household: at enterprises, installations, universities, schools, housing offices, etc.

Moreover, the Communist Party created the administrative-territorial structure of the country for its needs. Apparently, for example, that the districting of the great cities of that region was carried out by us in front of the number of party members, as they served the senior district committee. The number of comunists grew stronger - the decisions about the establishment of new districts were obviously praised. At the time of the breakdown of the communist regime, 24 districts with populations ranging from 80 to 550 thousand people were created in this way near Leningrad at the time of the collapse of the communist regime, and with an approximately equal number of members of the CPRS near the skin district. And so it was everywhere. The structures of the state were saved only as a solid framework, which framed the entire structures of the Communist Party. The very structure of the party bodies: trade unions, silgospvіddіli, cultural brigades, military brigades, administrative agencies, etc., were just designed for the needs of the sovereign administration, and not for the supple-political activity. To whom serving and the party-nomenklatura order of recruitment and recognition of personnel from the structures of state power on all levels. Navit after the recognition of the statutes of the Constitution of the Politburo and the Secretariat of the Central Committee of the Communist Party of the Soviet Union continued to recognize the status of landowners from the Ministry of Defense, the Ministry of Internal Affairs for diplomatic work. Naturally, scho posadoví individuals holding the paratuto, yakі passed such a procedure for being recognized for the posada, they were small in truth to serve the CPRS and to testify before the senior party structures.

Similarly, it was with party directives. They didn’t wear stench, as the power of the function of the great political parties, of a recommendatory nature, and they were sent not only to party members, but also to specific state bodies. Read the praise of the Plenum of the Central Committee or the z'izda of the CPRS. The stench is reminiscent of specific statements and attributions to the addresses of the Radi Ministries, ministries and departments, vikonkoms and others sovereign bodies. The directives of the party authorities, for whatever reason, gave little insane priority over the laws and decisions of other authorities, so that the stench was formed by the CPRS itself. To finish telling the story with the transfer to Krim of Ukraine and the Pivdenno-Ural and Pivdenno-Siberian provinces of Russia to Kazakhstan according to the relevant decisions of the Politburo, so that they would not be left with their own sums.

I’m not even talking about those who, in the wake of direct criminal legislation, led to a huge army of communists, shards for them criminal liability, navit for pobutovy malice, the decision of the party organ about the exclusion from the CPRS lava was implied. As if the party committee didn’t give such a thing, the criminal right against the communist took action. Chi tse is not the best proof of who is the bearer of real state power in the country. It is simply impossible for that CPRS to look like a political party - it itself called its ideology to the rank of a sovereign religion, and to enter into її dogmas carousing with such zhorstokіstyu, as the middle-class inquisitors never dreamed of.

Chimale place at the vistupah and arguments of the representatives of the Communist Party at the Constitutional Court were added theses about those that the party in full and її rank and file members cannot and are not guilty of bearing responsibility for the work of other scientists and organizations. I’m guessing that the lawyers of the Nazi high-ranking officials victoriously defended this argument during the Nurember trial, but it didn’t lead the International Tribunal to vote out the National Socialist Party of the Nazi Party as a wicked organization. At one time, the mother was on the verge, scho nutrition about the viability of the Communist Party and the її members of the most important in the assessment of її activity, and the Constitutional Court could not bypass yoga.

The Communist Party, from the first moment of the sacking of the sovereign power, voted for the establishment of a dictatorship of the proletariat, respecting that the dictatorship of the greater number of people still induces a socially just society, it is historically necessary, and whether the sacrifices here are far from true. Sounds of that lightness with which the communist leaders praised the decision about mass terror against their people. I’ll give you just a little bit of victories from the documents signed by Lenin: “It’s necessary to give it for a while ... Hang up (not change the name, so that the people are bachiv) no less than 100 ... Work so that for hundreds of versts for hundreds of miles the people are bachiv, tremtiv, knowing, shouting: to choke ..." ( Z sheet to the Penza communists on 11 September 1918);

"...Secretly prepare the terror: it is necessary to use a terminology. Note to Krestinsky // Izvestia. May 5, 1992 S. 3);

"To carry out mass terror against rich Cossacks, blaming them without exception; Radianskoy dominion..." (Directive of the Organizing Bureau of the Central Committee of the RCP (b) dated September 29, 1919);

"It is necessary to help the taking of the guards from the bourgeoisie and from the family of officers - through more often zrad. Movtesya with Dzerzhinsky" ( Rev. zib. tv. T. 50. S. 343);

“Tilki this year they felt at the Central Committee that the workers of St. Petersburg wanted to testify that Volodarsky had been beaten by mass terror and that they (not you especially, but St.

I protest strongly!

We are compromising ourselves: we are threatening to incite mass terror at the resolutions of the Soviet of Deputies, and if it’s to the point, galmuetly the revolutionary initiative of the masses, I’m completely correct.

It's impossible!

Terrorists vvazhatimut us ganchirkami. Archive hour. It is necessary to seek the energy of that mass appearance of terror against the counterrevolutionaries, and especially in St. Petersburg, the butt of which is virulent” ( 3 sheets to R. Radomizky. - Rev. zib. tv. T. 50. S. 106).

There are hundreds of such evidence in published materials and archival documents. Henceforth, the onset of Stalin's attack and the denunciation of the Communist Party, the terror and the repressions fit in with the submission of V.I. Lenin about those that a socialist power can take care of.

And the Communist Party is not only responsible for the creation of the totalitarian regime and the terror of the VChK-NKVS-KDB, but also for the consequences for the life of the country for the solution of economic and political power. Collectivization was carried out by Stalin as it caused mass casualties among the villagers, and it destroyed the very foundations of the people's foundation.

Khizhanitska exploitation of natural resources; nuclear catastrophes, as if they were definitely attached to the people (for hours of glasnost and perestroika of the Communist Party, it was known that the death of the Chernobyl accident, which is not enough to harm the health and life of millions of people); winning colossal sums to help the communist parties and nationalist regimes in the name of the chimera of the light revolution; rozvyazuvannya malice wars that victorious army for strangling the will in other lands (Ugorshchina, Poland, Czechoslovakia, Afghanistan, too) - the axis is far from being a new resemblance of silent calls, as if the CPRS were guilty of a fair trial of the country.

In the article of the head of the secretariat of the International Office of the Central Committee of the CPSU A. Smirnov, published in 1992, one more feature of the Communist Party's activity was precisely formulated: "The CPSU simply stole!" The standard bula situation, if the decisions of the Politburo (which was never published) was punished by the Board of the State Bank of the SRSR (comrade Gerashchenko V.V.) ... see Falina V.M. (to the head of the International Executive Office of the Central Committee of the Communist Party of the Soviet Union) the same amount of transfer to the Italian, Greek, French and other communist parties. By such decisions, the Politburo and the Secretariat of the Central Committee of the Communist Party of the Soviet Union issued a withdrawal of pennies from the state treasury for the consumption of the party for conducting various ideological and propaganda visits (including payment from the state coun- try for holding party awards, conferences, etc.). For example, the skin day of the work of the rest, XXVIII z'їzdu CPRS (without the TV and radio broadcasting of the meeting z'їzd), costing the country 360 million rubles 36 million dollars).

Discussing the importance of the Communist Party for evil deeds committed against their own lands, it is impossible, obviously, to forget about those that the totalitarian system created by the communists leveled that slandered itself all those who oppose themselves at the sphere of її dії. The peculiarities of the quality of the people, that the system, the principles used the meaning: either the wine was attached to the system and it was brought up to the established rules of the grid, or the system was changing in the light of the new. The Communist Party was on the unguarded order of the greater party structures. From the rank and file members of the party, there was little left.

At the same time, all the most important party decisions, zocrema and obviously evil, like the ruler of shkodi lands, were carried out at all the party’s archeological structure - in the form of meetings of the first party organizations to the Central Committee. Later, the ability to choose was lost from the skin, including the rank and file members of the party, to inspire with the understanding that, in the face of their thoughts, nothing could lie and nothing would change. Khіba scho you yourself will spend the robot chi trapish until you are in the pit.

It is for this reason that the party is guilty of going about the independence of the party itself, as such, as a malicious organization, as it is built into the structure of the state and ruled by itself, as it has attracted all the prerogatives of the sovereign power. Nice vidpovydalosti theoretically Mali Boti Ti Ti City Kerivni Partіini Diyachi, Schodo Yakiki, pushed a fate of the viralenni tikhsi rituals of a wicked character (to the other P.). Obviously, one can speak less hypothetically about the viability of specific party leaders today: there are no others anymore, but dehto (like, for example, V.M. Falin) went beyond the cordon.

As far as the twenty-million army of rank and file members of the party is concerned, then it’s my fault to go about the court of conscience, looking at that special repentance about looking at it, about moral repentance. And tse, as it seems, is deeply special on the right skin.

To that, order the President of Russia to attach the duties of the CPRS and the Communist Party of the RRFSR and the dissolution of their organizational structures, if only to add to the merits, then only in half the frequency, not brought to the logical end of the culmination of the power, then before the transfer to the court of these organizations of the people for mischief. But don’t close the food yet, and the court of the history of the Communist Party won’t go down anyway.

At the hearing process, consult the Constitutional Court with the opinion of the representatives of the Communist Party, having heard the following argument: we try not to reanimate the party in a big way, it’s impossible, and the rights of the communists themselves to lose a share of their organization. That is why I would like to recognize the activity of the CPRS at the same time, after which we should hold a plenum chi z'їzd, yakі appoint, hto represent the interests of the party in the COP.

Tsej priyom is necessary for the representatives of the Communist Party, in order to take into account the possibility of actual reinstatement of the activity of the organizational structures of the CPRS. Such a small claim, as it came to the Constitutional Court on the next day, of the work of the members of the secretariat, again called XXIX z'zdom CPRS (Sidorova V.A., Skvortsova S.B. and Azizova A.A.), s I can allow them to the meeting of the deputy representatives of the CPRS and the Communist Party of the RRFSR, to take the fate of the new one. Satisfaction with their exigencies meant the actual legalization of the Communist Party by the Constitutional Court. Ale, the Constitutional Court found it possible, being supported by both representatives of the presidential side, and representatives of the CPRS and the Communist Party of the RRFSR, already taking part in the process.

Pragnuchy be-scho-be legalize the CPRS, the representatives of the Communist Party went as far as their own arguments that they were throwing themselves into blackmail. "What is the legality of the Communist Party to threaten the supremacy, for example, the threat of a coup d'état?" - ate the stench. And they said: "Obviously, for those who are preparing a coup d'état and setting up parties, they are staying at an illegal camp, at a pidpilli.

The implication of these mirkuvannyah is obvious: more quickly legalize us, say the President's orders, more, God forbid, repeat 1917 rec. It is important, however, to say, that the communists, who believe in the truth of Marxism-Leninism, do not care about creating their own party anew, as it seems, from scratch and on equal terms with other political parties. Ale їх tse did not rule. They miraculously figured out that the Constitutional Court would legalize the activities of the CPRS, but in fact they did not bring it to the establishment of the All-Union Communist Party, which was the CPRS bula. It was important to do it later: turn the party's mine and koshti as the basis of further activity. To the right, about the CPRS, the Constitutional Court looked like a political process, but in fact, the core was laid down by a super girl.

Characteristically, at about the same time, I, as a measure of the place, dismissed the statement from the first secretary of the Leningrad Regional Committee of the Communist Party of the Soviet Union B. Gidaspov, sensing that I could take the transfer and turn it around, as the Leningrad organization of the Communist Party of the Soviet Union, and also I could place the structures of the Communist Party of Budinka that populate living houses, zbudovaniy for the regional committee of the CPRS, practitioners of the Leningrad organization of the CPRS. The very representatives of the Communist Party chimed in front of us.

At the process of review by the Constitutional Court, the CPRC was constantly blaming analogies from the fenced activities and the slandered Hitlerite National Socialist Party as a malicious organization. Of course, direct analogies here are simply not accurate. To finish guessing that the process itself was born from the initiatives of the communists, and not from their opponents. It’s not in vain for us to guess what the Nazis were called for and for what the National Socialist Labor Party of Nimechchini (NSDAP) was stunned by the malicious organization, and її diyalnist was pinned.

Zvernemosya before the accusatory visnovka and viroku of the International Viysk Tribunal. The Nazis were called to us in front of them as a method of "suppressing the total (all-season) control over the Nimechchina and ensuring that against them the middle of the Nimechchina itself could not win an effective support."

In order to achieve their goals and the leader, the Nazi builders: 1) "...they have thwarted all the political parties, the Crimean Nazi Party. The stinks have destroyed the Nazi party, the ruling organization with great and supra-divine privileges."

Why not guess the situation with the Belarusians in Russia? However, before the fence of other political parties, the Russian communists could have been called out in the dispersal of the Establishment Assembly, and in the physical guilt of several versts of the supremacy (degradation of kurculstvo as a class, liquidation of the cossacks, slaughter of noblewomen);

2) "... they called the Reichstag (parliament) to the station of the body, which, from their appointees, and stole the freedom of choice in all lands... independence of the court and spread it to the hearing of Nazi targets.

Ya know! Everything was done with us: For the sake of all the equals (including the Verkhovna Rada), as deputies are formed behind the settlement - nomenklatura practitioners. CPRS; that pseudovіlnі vybori; that amalgamation of great settlements in one individual; that cleanliness (not only among servicemen, but also among science workers, cultural workers, practitioners of craftsmanship, officers of the army and militia toshchoo); that court, which is subordinated not to the law, but to the district committee. We all know painfully, but our home-grown communist volunteers have overthrown the Nazis. For example, at the one, how the entire warehouse was molded to Parliament. Спочатку в надрах ЦК КПРС визначалося відсоткове співвідношення чоловіків і жінок, комуністів та безпартійних, людей з різним рівнем освіти та різних професій, а потім уже на місцях підбиралися кандидати в депутати, які відповідають заздалегідь спущеним партійними інстанціями, що стоять вище, так званим об' єktivam, tobto a set of vimog, like stink mayut vіdpovidati;

3) "... they created and expanded the system of terror against their opponents and transferring suspected opponents to the Nazi regime. In the concentration camps, there were a lot of aggravated, as if they were brought to the category, as they call "darkness and fog." повністю відрізані від зовнішнього світу , і їм не дозволялося ні посилати листів, ні отримувати їх... Вони безслідно зникали, і німецька влада ніколи нічого не повідомляла про їхню долю.Обвинувачені проводили політику переслідування, репресій та винищення тих громадян Німеччини, які були ворогами the Nazi order ... otherwise they looked like possible enemies, the stench threw people at the pit without a court process, pacified them at the so-called "preventive sanction" and concentration camps, gave them retrial, humiliation, plunder, forced captivity, and beaten them into tortura x.

The crime of the rehabilitated, which in general was victorious in our country, the Bolsheviks introduced into the practice of terror chimalo vinous winemakers, the middle of which was not only opponents of the regime, but also party comrades for the least denunciation of chi pіdozroyu in disloyalty, and denunciation of the system (which took away from us the name of the special name - squealing), directly in the minds of special psychiatric clinics, hanging over the cordon of non-bazhzhany osib, including Nobel laureates, dealing with such extraordinary methods did not give the light of a huge thought toshcho.

The calls made, hanging in their time against the Nazi party, from the calls, as they could show the CPRS, may be a special sensation for us. From one side, tse nagaduvannya about the historical guilt that the communist party’s guilt before its people and before history for everything that it inflicted. On the other hand, in view of the fact that in the current historical situation in Russia it is impossible to carry out such a court over the Communist Party, which forty years ago was held against the Nazi party, even though all legal and moral representations for that one.

The trial of the Nazis was held by the International Tribunal, the creations of the countries of the anti-Hitler coalition, as if they succeeded in one of the largest ruinous wars. The defeat of Hitler's Nimechchini proved the possibility of holding such a trial.

The communist regime of our country was called strimko and may be bloodless. There were no victories and peremozhenykh, for small vinnyatki everyone reduced the ration and wine at once. The task was supposed to be to save the national good, changing the number of people quietly, who did it (and there were about twenty million people in the lavas of the CPRS, and all the stench was gone from among us, and living from them without recognizing reprisals).

There was no one to inspire anyone to carry out a similar process - in the Radyansk Union, all the courts for the settlement were small but communists. All thirteen members of the Constitutional Court, who took part in the inquiries about the CPRS, were communists before joining the Communist Party. Zhodin did not give the party ticket and did not withdraw from the party until the її dissolution, and the judges from the judges did not hesitate to publicly declare about those who take away their party ticket and the party's fidelity, although it is possible to protect the law on the Constitutional Court of the other members. political parties.

Before the fair trial of the CPRS, neither the kerіvnitsvo of the country was ready, like a good thing was formed from a large number of communists, nor a hromada thought. And even after the trial of the Nazis, a denazification was carried out, so that the settlements of the former members of the NSDAP and quiet, who actively accepted it. Only the Czech Republic was called for such a purge from the former post-communist lands, the people of which did not forget and did not betray the 1968 fate to the communists. That is why there was a purge of the state, the army, security agencies, the police, and many communists, even if it was painful, but without excesses.

Our country has a similar cleanliness to its own, it would bring to hromada war. In reality, it could be spent less at the serpni-spring of 1991, on the winds of the people's fury against the chimneys of the CPRS. But in those months, Russian ceramics were not up to it: they planted those flowers near Moscow, and G. Burbulis, the chief orderly, planted the house of G. Burbulis, the plant of the Sovereign Secretary was planted in our city, and it was evacuated at once with yoga.

Although the journalists called this process before the Constitutional Court a "trial of the CPRS", in fact, a fair trial of this party and an objective assessment of її act and malice against the powerful people did not happen.

The ambiguity that constantly panned in the hall of the Constitutional Court at the hour of the speeches of representatives of the CPRS, experts and witnesses, appeared in a completely peaceful way in the decision of the right. On the one hand, the Constitutional Court recognized the statutory provisions of the Decree of the President of Russia dated 06.11.91 "On the activity of the CPRS and the Communist Party of the RRFSR" with the dissolution of the core organizational structures of the CPRS and the Communist Party of the RRFSR, and on the other hand - the transfer of the right to transfer Tim, that at the time of the serpnі-veresnі 1991, the CPRS actually broke up and lost the status of the all-union organization.

The Constitutional Court, having voted unconstitutional provisions of the paragraph of the first decree of the President of Russia on the dissolution of the organizational structures of the Communist Party of the Soviet Union, one hundred and fifty of the first organizations of the Communist Party of the RRFSR, as if they had been approved for the territorial principle, took their own supremacy character and did not impose state structures.

Having been worshiped by the right to sinking by the dial -to -house teriytic organized by the Communist Party of the RRFSR, the trial of the PIDARDIV CONTRICTIVISHITS The decree of the єltsin, the visible to the detonant putting - 20 lip -rokye. I guess that at the same time our country has similar organizational structures (party committees, party bureaus, party middles just) in establish state And in the undertakings, the Communist Party is only small. The very її dіyalnіst hаd hаd thе decree, і hаd hаntovno, oskіlki fоrvinnі teritorialі organіzаtsії kompartії traditionally stayed at housing offices (lіstsem zhіssem) and o'dnuvay only pensioners and veterans. The basis of the Communist Party was not formed by the territorial primary structures, but by the party organizations that functioned in the state, in the army, in the state security and police, in the courts and universities, too.

In this manner, the decision of the Constitutional Court, even though it recognized the right to establish territorial primary organizations of the Communist Party, actually legitimized the assignment of the importance of the main and most important organizational structures of the Communist Party. Above the ransom to the slot of his own designs of their desks, the residuals are located, and the same monolitan of the party of stench Buli is not building through the pegs, Borotbuba of the Ambassia, the buildings of the tikhni .

With all the importance of nutrition about the share of the organizational structures of the Communist Party, all the same, the most practical significance is the small decision of the Constitutional Court to drive the share of the lane of the Communist Party.

The Constitutional Court, in a different way, having determined its ruling up to two kinds of lane:

the lane, the ruler of which was the power, but at the time of seeing the decree of the President, it actually went over to the volodin, koristuvannya and orders of the communist party;

the lane, the ruler of which was the communist party, or it won and was crowned with such a lane, the ruler of which was not appointed at the time of seeing the decree of the President. First, prior to the decree of the President, it may legally be turned to the state; the Communist Party should belong to a friend, and the Presidential Decree on this reform is not unconstitutional and does not apply.

Nachebto everything is logical and legally accurate. And yet, to guess that by these very decisions it was confirmed the legality of the dissolution of the key organizational structures of the Communist Party and there was no acknowledgment by the offender of the CPRS, then the unresolved situation is to be blamed: no one should be called about the turn of the Communist Party to the Communist Party.

In the exact same way, with the help of an anecdote. Radyansk people come to a lawyer and ask: "What am I right for?" The one, not listening to the end, replies: "That maєte!" This dialogue is repeated a few times, until the prohach changes the form of the food and the request:

"What can I do?.."

The right to turn the lane, which was due to the Communist Party, having found out the court, but there is no one to do it! Otzhe, everything is mine CPRS, as it came after the decree of the President to the state, is left behind him and cannot be demanded. And yet, in this decision, there is a trick, which leaves the communists a chance for the future, - and with a rapt everything will turn back: the Radian Union and the CPRS will be renewed - the axis of that same decision of the Constitutional Court will become the legal basis for turning the Communist Party of the Main!

Ale, as it seems, the grandmother said in two (would you be?!), but at the same time, the Communist Party became "great", it brought new rulers, and the communes spent the material base for their organizational and propaganda activities. Already rich!

The piquancy of the situation was similar to the fact that, according to the decree of the President, the district committees and the regional committees of the Communist Party were punished to hand over the court authorities, as if they could look at the party’s turn, but I still want to show them!

Such a legal side is right, but in fact, in 1991, the sprit party functionaries created impersonal fictitious structures, which they hurried to transfer to the main party that pennies. I am writing a number of rows in the 1995 year, and the city of St. Petersburg rises to low commercial structures, created in the 1991 year, as if the hotels, residences, archives were handed over, trying to turn their powers. I’m not talking about party pennies anymore, because after a few hours after the collapse of the system, the stench was spilled from looking at new commercial banks and other structures. The party, as if in words it spoke about the interests of the people, and in that moment it lost its true self: the pennies stolen from the people were so easy and they weren’t turned back to them.

Under the hour of the process, after its completion, I wrote and spoke about the political nature of the process, about those that should superimpose the articles of the first Law on the Constitutional Court, as a way to prevent it from looking at political nutrition. Therefore, the reason for the constitutionality and non-constitutionality of the President's decree on the assignment of the activities of the Communist Party and the dissolution of її organizational structures is not guilty of being the subject of a judicial review in the Constitutional Court.

Indeed, as a matter of fact, for which an application was filed before the Constitutional Court about the recognition of non-constitutional provisions by the decree of the President of Russia on the imposition of the Communist Party’s activity, then the purpose of this day is political - to try to invigorate the Communist Party into a colossally vivacious one. With a political bula and a meta-summer call about exposing the inconstitutionality of the CPRS - instigate, do not allow it to be born in the minds of the lower ones! Qi means that the court cannot see Qi from the right?

Call me! On the right of the Constitutional Court "to establish and vacate the power of the right" (Article 32 of the Law on the Constitutional Court). Ale, in that folding, that be-like food, which is considered in the Constitutional Court, may be a political subtext and a task for the court, in order to go to the conclusion of political problems by a legal path, without falling into political assessments and falling into a specific I will give an accurate legal assessment of nutrition based on the norms of civil legislation and the Constitution.

To that sumnіvіv in those who, having correctly initiated the Constitutional Court, having praised me to the right to their deception, be not guilty. Otherwise, in order to zoom in on the court at the hour of the process, you should not reveal your political likeness and not give a drive for spitting political predilections to the process. Unfortunately, no. The main culprit for this is the head of the Constitutional Court V. Zorkin, the political ambitions of which were marked by the failure of the political struggle in Russia in 1993, and they sprung a crooked rozv'azci in the zhovtni.

In the past, Zorkin, don’t joke around, and don’t show traces of participation in political life, bright speeches, books and articles that should be remembered, or if you want to be successful, commemorative for the eyes of the vastness of scientific and organizational activity. Nothing of the kind that could even seem to obgruntuvay yogo recognition on such a high and high ground. It just happened that the charming period of the distribution of the settlements, which followed the collapse of the communist regime in such abundance, that you should not be fooled.

At this hour, after the fate of the serpent in 1991, it was enough to spend on the eyes, to go to the trust to the smallest people from the sharpening of the President, to take the sovereign settlement at the very top - in the Council, in the administration of the President, or in the Constitutional Court - there were so few people , on which one could swear, and a rich settlement rang out at once.

About those, as it seemed, there is an impersonal explanation. The cost, about the recognition of the Ekononiki Ministra of Ekononi, the King of the King of the INTITITITITY VID was in the rights of the Obiynyati Zaduvach laboratory through the non-emergence of Keruvati, the pіslyu vin bivu vedraza, the recognition of the Minstra, the paraseutic complex. there was nothing in the luggage of the krim of sumnivny princely title - no knowledge, no evidence. But, perhaps, the most important history - behind the traces, which were small, - this is the history of Zorkin's recognition for one of the most important posts in the state.

Appearing on the political arena of this small size of a person in the middle of a political confrontation between the Parliament and the President, these indistinct, ambiguous promos, filled with ostentatious humility and calls to hell, they immediately cherished in memory the image of Iudushka Golovlev, Saltyshchev, one hero to remember.

The formation of the Napoleonic complex at Zorkin was sown by journalists, as they hastened to voice him as a peacemaker, human fate too. And in the people, as if it were not known to anyone, as it seems among our people, "yes

gone."

Hypocrisy, hypocrisy, insinuating signs of ostentatious godliness, showing pragnennyam buti in the countryside and playing a political role - all this was clearly revealed in the course of the process over the CPRS. Particularly in the interviews and citations of Mikhail Gorbachev's failure to appear before the court. The axis of only the heroic heroes from the public speeches of V. Zorkin from the first drive:

"... I respect that by my failure to appear before the court, Mikhailo Sergiyovich, having signed his own verdict ... I think that having demonstrated to himself that he is a hulking man not of Russia, I don’t know whom, the Federal Republic of Germany, Italy, in a way let's go, France, in the same way we want to sweat, Spain, like we want to see what we want to see, Pivdennoy Korea, but not only Russia.

“Maybe I’m breaking the law, violating my own values, so move it, think, but I’m getting more and more shabby to the point that Gorbachev is in such a quality, in which he changes his wines at once, practically becomes unacceptable to Russia”, and so on. P.

All emotions, but not legally and ethically illiterate, and even more conflicting, could be worked out by the inhabitant to inspire a political child, but not the Head of the Constitutional Court, who still speaks his mind for an hour of an unfinished process. You can evaluate in a different way the behavior of M. Gorbachov and the second time when he appeared before the court, but I guess again, that the judiciary does not have the right to issue a certificate, nor publicly express his thought, the docking process has not been completed.

Ottsiychi Vedvyninka V. Zorkina, according to Pannnya about the failure of M. Gorbachov to the court of Sogodnі, Tobto with Urahuvannyami Vitvyni Zorkina Tu Yogo Vygoye, Gasbulatimi, the birch of the birch tunny - Zhovneta, can be a vitality of vitriol. The communist opposition planned to rule over the trial of the CPRS, the trial of Gorbachev, having forced V. Zorkin to help V. Zorkin with a political character. Ale didn’t win! Gorbachev appeared sensible for his opponents, which angered Pan Zorkin.

While the Constitutional Court looked at it from the right, there were a few thoughts, including M. Gorbachov, how to do it right, as it may have a political, and not a legal character. Taking into account the obviousness of the fact that we lived in a non-constitutional land, where the Communist Party was unconstitutional, and the Constitution itself, and, nareshti, life itself, it was impolite to close this topic, but to rightly pin it. The Constitutional Court charged otherwise: without risking the recognition of the CPRS and the Communist Party of the RRFSR as non-constitutional, nor the recognition of their constitutionality. Vіn not having pinned it right, but actually succumbing to the praise of the decision from the head power under the drive, that the CPRS had already broken up and actually did not exist, and the Communist Party of the RRFSR was not duly formalized and registered.

As a result of which the communism of Russia appeared to be put before a dilemma: if the Communist Party of the RRFSR becomes an independent political party, if it starts anew its activity, then it will not be the offender of the CPRS and lose the hypothetical ability to claim the CPRS Likewise, the Communist Party of the RRFSR voted for itself as a warehouse of the KPRS and, as a role, applied for a mine party, cym won, violated the decision of the Constitutional Court on 30 November 1992, that structure was forced to release it.

Thus ended the whole process. After it was completed in one of the interviews, the Head of the Constitutional Court V. Zorkin gave a new understanding of the law: "Law is the result of singable compromises, which allows people to live in goodness one by one with the skin of the skin." Purely political and pragmatic understanding of the right to the law, as wonderfully as a little bit of judgment, and yet accurately characterizes the political situation in the process, and especially the decision of the Constitutional Court. It was true that it was the fruit of a political compromise. And yet, it could have been worse, as if guessing that all the members of the Constitutional Court in this process without a fault were many members of the CPRS, and one of the judges was a member of the Central Committee of the Russian Communist Party.

I the CPRS itself, and the court at the right of the CPRS have already become bannages of history. But remember that it is necessary to tell the truth about them, so that the future generations of Russians would take away their immunity against the virus of communist demagoguery and the revolution of the world and the light of the future.

CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

RESOLUTION

INFORMATION ON THE REVISION OF THE CONSTITUTIONAL DECISIONS

no. 79

1991 no. 169 "ABOUT DIALNIST CPRS I CP RRFSR",

AND ALSO ABOUT THE REVISION OF THE CONSTITUTION OF THE CPSU

I KP RRFSR

The Constitutional Court of the Russian Federation at the warehouse of the head of V.D. Zorkin, intercessor of the head of N.V. Vitruk, secretary Yu.D. Rudkina, judge E.M. Amestitova, N.T. Vedernikova, G.A. Gadzhiev, A.L. Kononova, V.O. Luchina, T.G. Morshchakova, V.I. Olijnik, N.V. Seleznyova, O.I. Tiunova, B.S. Ebzeeva

for participation:

representatives of the party, who are clamoring about revising the constitutionality of the Decrees of the President of the Russian Federation, - V.A. Bokova, I.M. Bratishcheva, V.I. Zorkaltseva, M.I. Lapshina, I.P. Ribkina, V.I. Sevastyanova, Yu.M. Slobidkina, A.S. Sokolova, D.Є. Stepanova, B.V. Tarasov - People's Deputies of the Russian Federation; S.A. Bogolyubov, V.G. Vishnyakova, B.P. Kurashvili, V.S. Martem'yanova, B.B. Khangeldiev - Doctor of Law;

representatives of the President of the Russian Federation, as a party that saw the Decree, G.E. Burbulis - State Secretary for the President of the Russian Federation, M.A. Fedotova - Doctor of Law, S.M. Shakhray - a member of the Supreme Radiation of the Russian Federation;

representatives of the parties, who are clamoring about the revision of the constitutionality of the CPRS and the Communist Party of the RRFSR, - I.O. Bezrukova, A.A. Kotenkova, O.G. Rumyantsev - People's Deputies of the Russian Federation, A.M. Makarov - a member of the Moscow College of Advocates;

representatives of the parties, which represent the interests of the CPRS and the Communist Party of the RRFSR, - V.G. Vishnyakova - Doctor of Law, Yu.V. Golik - candidate of legal sciences, G.A. Zyuganov - Secretary of the Central Committee of the Communist Party of the RRFSR, Yu.P. Ivanov - a member of the Moscow Regional College of Advocates, V.A. Ivashka - the great intercessor of the General Secretary of the CPSU Central Committee, V.V. Kalashnikov - General Secretary of the CPSU Central Committee, A.V. Kligman - a member of the Moscow Regional College of Advocates, M.I. Kodina - the colossal intercessor of the head of the Central Control Commission of the CPRS, B.P. Kurashvili - Doctor of Law, V.A. Kuptsov - First Secretary of the Central Committee of the Communist Party of the RRFSR, V.S. Martem'yanov - Doctor of Law, I.I. Melnikov - General Secretary of the Central Committee of the CPRS, O.O. Mironova - Doctor of Law, F.M. Rudinsky - Doctor of Law, Yu.M. Slobidkin - People's Deputy of the Russian Federation, R.G. Tikhomirov, a member of the Moscow City College of Advocates, V.D. Filimonova - Doctor of Law, B.B. Khangeldieva - Doctor of Law,

165 and Article 165.1 of the Constitution of the Russian Federation, paragraph 1 of the second part of Article 1, paragraph 3 of the first part and part of the other Article 57 of the Law on the Constitutional Court of the Russian Federation,

having looked at the meeting on the right, the revision of the constitutionality of the Decrees of the President of the Russian Federation dated 23 September 1991. no. 79 "About the activities of the Communist Party of the RRFSR", dated 25 September 1991 No. 90 "About the Maine of the Communist Party of the Soviet Union and the Communist Party of the RRFSR" and on the 6th leaf fall, 1991. no. 169 "On the activity of the CPRS and the CP of the RRFSR", as well as on the revision of the constitutionality of the CPRS and the CP of the RRFSR.

Приводом до розгляду справи, згідно з частиною четвертою статті 58 Закону про Конституційний Суд Російської Федерації, стало клопотання групи народних депутатів Російської Федерації про перевірку конституційності названих Указів, в якій міститься вимога визнати їх такими, що не відповідають Конституції Російської Федерації в редакції від 24 травня that 1 leaf fall. fate, oskіlki, at the thought of the applicants, the President of the Russian Federation, as you can see the names of the Decree, invaded the sphere of the legislator and the ship's power.

1. The PIDSTAVIA for the ROMENT OF THE CONTRACTION OF CONTRITITICISHINOSTIV President of the Federal District Federal Property Administrative Okrug of the Federal Antimonopoly Service 23 I 25 Sickle, 6 Listopada 1991 Rock, Vidpovly to the Personal Party Pershim Statti Law on the Constitutions of the Rosiyski Federal Tsi decide the constitutes of the Federals, the federal federal federal, the vicony of the same, and such a consistent constitutive of the federal authority of the senior authorities of the sovereign bodies of the sovereignty of the Russian Federation.

The need to reconsider the constitutionality of the decrees of the Decrees in one provadzhenni is framed by an indistinct link between these assets: they may be one subject of regulation, sticking to a single complex of legal norms. Decide on the activities of the Belarusian Federation of one organization - the CPRS and the Communist Party of the RRFSR as a part of the warehouse; the lane, like a Volodya, was corroborated and organized by the Russian Federation, and to avenge the assessment of the activity of the organizational structures of the Communist Party.

By the Decree of the President of the Russian Federation on 23 September 1991, the activity of the Communist Party of the RRFSR was assigned to the fate, and by the Decree of the 6th leaf fall, 1991, the activity of the Communist Party of the Russian Federation and the Communist Party of the RRFSR was assigned to the fate; Указом від 23 серпня 1991 року доручалося МВС РРФСР забезпечити збереження майна КП РРФСР, Центральному банку РРФСР - призупинити операції з рахункам органів прокуратури та організацій КП РРФСР, а Указами від 25 серпня і 6 листопада 1991 року передбачалася низка охоронних заходів щодо РРФСР біля Російської Федерації, as if it were voiced as if it were in the sovereign power, in connection with the sovereign authorities, the right to koristuvannya sim main was transferred. Come in, transfer the CPRS and the RRFSR Communist Party in the Decrees dated 23 and 25 April 1991, have developed a design in the Decree dated 6 leaf fall 1991, which, for its legal heritage, basically dies two in front.

Можливість перевірки в рамках однієї справи конституційності кількох правових актів, а при перевірці конституційності одного правового акта - одночасного винесення рішення також щодо актів, заснованих на оскаржуваному або його відтворюючих, передбачена в частині третій статті 32, частині третій статті 64, частинах другій та четвертої статті 65 of the Law on the Constitutional Court of the Russian Federation.

Actual at the environment, yaki to be in the decree, transfer, get up, get up with the constitutional court from the TII MIRI, in the Yaki stench to serve the right to the decrees, characterized about the Constitutional Court of the Russian Federation, which were established to be within the competence of the Constitutional Court, are not included in the jurisdiction of other courts and other state bodies.

2. During the period of preparation for this slander before the Constitutional Court from 12 to 25 January 1992, the people's deputies in the Russian Federation about the re-verification of the constitutionality of the CPRS and the Communist Party of the RRFSR. Klopotannya gruntuyutsya on statti 165.1 of the Constitution of the Russian Federation at the editorial office on April 21, 1992, it is fateful to avenge the CPRS and the Communist Party of the RRFSR by non-constitutional organizations, and the decrees by constitutional ones. The basis for the review was the invisibility of nutrition about the viability of the goals and activities of the CPRS and the Communist Party of the RRFSR of the Constitution of the Russian Federation.

Article 165.1, included before the Constitution of the Russian Federation on April 21, 1992, and gained rank on April 16, 1992, encouraging the Constitutional Court to review the rights of the constitutionality of political parties and other community associations. Under the TSOOM, the court to see the same, the SANKIKIA of the Zvozki with the Practice of the Political Party Buli Perebashy 16, 1990 Rock in the new editors of the Statti 7 constituent federal hromadas' associations, may be constitutionally fenced in directness.

The principle of inadmissibility of reversal power cannot be applied to the law until the power to change the jurisdiction, which is valid to the law, decent at the time of its examination.

Article 2 of the Law on the Constitutional Court of the Russian Federation goiter It is necessary to exercise and yogo competence to change the constitutionality of the political parties and other public associations in accordance with Article 165.1 of the Constitution of the Russian Federation.

The procedure for constitutional judiciary regarding the constitutionality of political parties, other community associations can be determined according to the basic rules of the conduct of the Constitutional Court, in case of necessary cases - on the basis of the analogy of the procedural law, we have the right position orderly law about the Constitutional Court of the Russian Federation. With any further consideration, that assessment is carried out on the legal side of the organization and activity of political parties.

The preamble to the Decree of the President of the Russian Federation on the 6th of the fall of 1991 "On the activity of the CPRS and the CP RRFSR" states the nature of the CPRS as a political party. At the same time, the nutrition about the constitutionality of the CPRS and the RRFSR Communist Party is closely related to the nutrition about their legal nature, as it is the right point for assessing the constitutionality of entries, living in them according to the Decrees that are being revised. Obviously, in such a rank, the consistency of the subject of slander, declared before the Constitutional Court by various groups of people's deputies in the Russian Federation, is obvious.

Виходячи з цього і керуючись статтею 165.1 Конституції Російської Федерації, частиною першою статті 20 та частинами четвертою та восьмою статті 41 Закону про Конституційний Суд Російської Федерації, Конституційний Суд поєднав клопотання про перевірку конституційності трьох названих Указів Президента Російської Федерації та перебігу РРФСР, вважаючи останнє питання супутнім .

3. Indicate what is being looked at, seen by the President of the Russian Federation in the minds of super-policy and probility of legislative regulation of the activity of political parties in the Russian Federation.

Of the republican acts that regulated the status of community associations, in the Russian Federation there was no more than the Regulations on voluntary associations and partnerships on 10 lime 1932, which transferred, zocrema, the administrative order of the civic communities The regulation on philanthropic partnerships and partnerships, however, indicated the legal status not of parties, trade unions and other mass communal associations, but "organization of the joint self-discipline of the working masses of the city of that village," the guardianship and control over the work of those . For this reason, the Regulations cannot be the legal basis for the appointment of the constitutionality of political parties and the competence of state bodies for hundreds of parties during the period when these Decrees were issued.

As far as the Law of the SRSR of June 9, 1990, "On Public Associations" stands, in practice, the Law is actually recognized as being enforceable on the territory of the Russian Federation. It is obvious that I am following the Decree dated 23 September 1991 "On the activities of the Communist Party of the RRFSR", which was passed by the President of the Russian Federation.

Having followed the consideration of the Decree, having heard the speeches of the parties, the expert opinions and the certificates of evidence, having confirmed the submission of documents, keruyuchis under this part of the fourth article 1 and article 32 of the Law on the Constitutional Court of the Russian Federation Federative Federation, the Constitutional Court:

The troublesome group of people's deputies in the Russian Federation is convinced that the Decree of the President of the Russian Federation dated April 23, 1991 "On the steps of the Communist Party of the RRFSR" is anti-constitutional, community association It is possible only in the minds of the supra-official camp, which was not there at the moment of seeing the Decree, and the President of the Russian Federation himself, having rediscovered his resurrection.

Представники Президента Російської Федерації стверджували, що рішення Президента про зупинення діяльності КП РРФСР на території Російської Федерації відповідало його конституційним повноваженням, встановленому в Російській Федерації поділу влади та закріпленому Конституцією Російської Федерації розмежування компетенції між вищими органами державної влади та управління Російської Федерації.

On the eve of the Decree of 23 September 1991, the fate is clear that the President of the Russian Federation, when he was born, entered the status of the Communist Party as a public association. In the decree, Zokrema, he was naked, the KP RRFSR did not grow up in the established procedure, the organized organizations of Piditrimali DKP, took fate from the barrel of the KomiTetiv, Chim rudely destroyed the laws of the Rosyki, the law of the Federal ", and also changed the Decree of the President of the Russian Federation on April 20, 1991 "On the assignment of the activities of the organizational structures of political parties and mass communal movements in state bodies, institutions and organizations of the RRFSR."

У Декларації про державний суверенітет Російської Федерації, прийнятої 12 червня 1990 року першим З'їздом народних депутатів Російської Федерації, визначалося, що Росія гарантує всім громадянам, політичним партіям, іншим громадським об'єднанням, що діють в рамках Конституції Російської Федерації, рівні правові можливості take a part in the government of the powers and the right of the people. У статті 7 Конституції Російської Федерації у редакції від 16 червня 1990 року встановлювалося, що це політичні партії, громадські організації та масові рухи, виконуючи функції, передбачені їх програмами та статутами, діють у межах Конституції СРСР, Конституції Російської Федерації, конституцій республік у складі Російської Federation of the Federation and the laws of the SRSR, the Russian Federation and the republics in the warehouse.

In 1990, the Communist Party of the RRFSR was founded. Vaughn was acting like a part of the CPRS. At the paragraph 2, the installation of the KP RRFSR was installed: "Get up, the Komnostichna Party Rrfsr Op'dnuyni Organiza, Rostashovanі Bilya Resbublaki, є ї ї with programmatic documents," Majniy ie, "May єdiniy." Rock). The Declaratyas, and we will establish a zero, stirred, the Rrfsr Party of the Party of the RRFSR is fired at the fares of the KPRS, the tsi was on the same time, the installation of the nations, at the city allies, at the royal in a resolution about the current moment and the first head of the Communist Party of the RRFSR ("Pravda", 24 chervnya 1990).

For a year, this position was not officially exchanged glances. These documents of the Communist Party of the RRFSR show that she looked at herself as a structural part of the CPRS. The Communist Party of the RRFSR could, in accordance with the Statute of the CPRC, on the basis of the main program and statutory principles of the CPRC, expand its program and normative documents, carry out a її line in the sphere of sovereign life, socio-economic and cultural development of the republic (p. 2). The registration of the CP of the RRFSR, later, was not transferred. KP RRFSR is not small and the rights of a legal entity.

The appointment of the Communist Party of the RRFSR was supposed to unite the party organizations of the CPRS, roztashovanie on the territory of the RRFSR, coordinate and direct their activities, represent them in exchange with the central bodies of the CPRS, as well as with other parties and other parties.

Those that the Communist Party of the RRFSR was not an independent party, bring it up and put it like this:

a) KP RRFSR vinikla z іnіtsiativi Politburo of the Central Committee of the CPRS as a warehouse of the CPRS. The best solution was praised on May 3, 1990. For a year, it took away confirmation from the decision of the Politburo of the Central Committee of the Communist Party of the Soviet Union on the 8th of March 1990. However, according to the Law of the SRSR "On Community Associations", the initiator of the creation of a party can be more than citizens, but not a party (parts of the first and other articles 8);

b) By the Statute of the CPRS, the communist parties of the allied republics were voted independent in the CPRS system, and membership in any of them immediately meant membership in the CPRS. Under which paragraph 2 of the Statute, having prevented a member of the CPRC from changing in other parties. Later, the enlightenment of the KP RRFSR as a warehouse part of the KPRS did not change the status of the communists of the Russian Federation: the stench was left by the members of the KPRS, but they entered it through the KP of the RRFSR;

c) zgіdno іz zgadanim by the Law of the hromadas, a good-natured formation is recognized, which vindicated the free will of the hulks, as they united on the basis of the collectiveness of interests. During the coverage of the Communist Party of the RRFSR, it was not taken to respect: the setting star otrimav such a status for the hour of the work of the Russian Party Conference; yogo participants were elected to the XXVIII z'їzdі CPRS in the form of communists of Russia delegates, as if they were endowed with the reinvention of creating an independent party. The will of the members of the CPRS - the communists of Russia for the creation of a new Communist Party, before entering and exiting from the CPRS of the skin, was not shown to them. Podіbne admissible, as illuminating the CP RRFSR as a structural reform of the CPRS. Але якщо аналізувати статус КП РРФСР з погляду її домагань іменуватися самостійною партією, незалежної від КПРС, то ігнорування вимог добровільності, свободи волевиявлення громадян стає додатковим і вагомим підставою відмовити у визнанні КП РРФСР як нову партію, незалежної від КПРС. In addition, the Law includes collective membership in the party, it could be more individual;

d) The CP of the RRFSR is not small for its statute and government program.

In this rank, the Communist Party of the RRFSR was not an independent party and did not require registration. Zvinuvchennya to the address of the nation -maced address, the Preambulas of the President of the President of the Federal District Foreign Affairs 23, 1991 Rock "About the Zupinnnya of the Party of Rroki" About the Dielni PPRFSR ". may have legal significance, not to mention those who register not the public associations themselves, but their statutes.

Being a warehouse of the KPRS, the Communist Party of the RRFSR could not become an independent ruler of the lane.

At the Decree of the First Decree of People's Deputies of the Russian Federation "On the Mechanism of People's Rule in the URSR", adopted as a basis for the "Decree on Power" in the Russian Federation, the equal rights of citizens were voted ch іnshih viable in legal order to hromada organizations (which was enshrined in Article 24 of the Constitution of the RRFSR); Posad kerіvniki in the organs of the sovereign power and administration were harrowed every day, including in political and public political organizations; встановлювалося, що "будь-яке протиправне втручання політичних партій, партійно-політичних органів та інших громадських організацій у діяльність органів державної влади та управління, господарську та соціально-культурну діяльність державних підприємств, установ та організацій має припинятися негайно і з усією рішучістю". The President of the Russian Federation saw on April 20, 1991 the Decree "On the assignment of the activities of the organizational structures of political parties and mass communal movements to state bodies, institutions and organizations of the RRFSR".

The position of the comparty RRFSR Zio Pannnye renounced the nibbiton from the production of the Central Committee of the Communist Party of the RRFSR 6 Sickle 1991 Rock "About the Nemdoddlany Pitanny Organized Organiza RRFSR at the President of the RRFSR VI. regulations and organizations of the RRFSR" (" Radianska Russia", April 8, 1991). In the new, zokrem, businessmen, that installation was taught not to get used to entering, directing to the attachment to the activity of the organizational structures of political parties.

In such a rite, the cerebration of the Communist Party of the RRFSR hung badly with the Decree of the President on the 20th of March 1991, the fate of that year was changed.

On September 19, 1991, by the announcement of the Radyansk churchyard, the overstaying camp was deafened at the borders of the SRSR (as it was appointed) and at the administration of the edge of that effective establishment of the regime of the overhead camp was established), non-constitutional sovereign body.

The activities of the Communist Party of the Soviet Union and the Communist Party of the RRFSR, a lot of regional and regional party committees directly supported the dilemma of the non-constitutional DCAT, which is confirmed, zokrema:

cipher telegram No. 215-Sh, directed on 19 September 1991 to the first secretaries of the Communist Parties of the allied republics, regional committees, regional committees and district committees of the party, it was said: SRSR. In practical action, cherish the Constitution of the SRSR. About the Plenum of the Central Committee and others, come in more dodatkovo. Secretariat of the Central Committee of the Communist Party of the Soviet Union ";

by telegram of the secretary of the Central Committee of the Communist Party of the Soviet Union, Shenin, with the help of informing about living in, come in;

the draft statement of the Politburo of the Central Committee of the Communist Party of the Soviet Union for the support of the DPP, but only two members of the Politburo, Nazarbayev and Sillar, were signed;

the order of cipher telegrams that reached the Central Committee of the CPRS: from the Mari Regional Committee of the CPRS, from the Nizhny Novgorod and Tambov regional committees of the CPRS and others.

In the minds of the factual inactivity of the greater state bodies of the SRSR, the President of the Russian Federation saw a number of decrees directing the defense of the Constitution, legality, state security and public security. Under Tsomom, the president of the healthy, nadan -yom constitutesis, the sake of the sake of the sake of Rosiysko federals of the VID 21 Serpnya 1991 "About the pre -dodatkovy President of the RRFSR Skhodu Obvianosti, is glad of the people in the berths of the Consumed Coard of the Consumed Consumer.

The President of the Rosiyski Federals of the Respubacan Organized Office of the Constitutional Lada Buli Zakhista Sovetni in the staging of the sake of the sake of the Russian federals 22 Serpnya 1991 Rock "About the Political Situations in the Respublitsi, Shcho stabbed in the result of the anti -fan of the courage.

The positions of the Kerivnitvva Rosії, the CHO allowed Vidnoviti the constitutes to Vlad in the Kraokani, detonated the capture of the President of the SRSR VID 22 sickle 1991 Rock "about the Anti -Orihi -Acts of the Sovereign Culture", and the signs of the Service of the Service of the Grand , scho vinikla kraїnі y zvyazku z sovereign coup, sho mіsce", and dated 30 April 1991 year "About pershochergovі come in to try to zabіgannya zdіisnennya zdіysnennya sovereign coup".

Illegal decision of the DKChP about the promotion of the supra-national camp, as and і іnshі yogo acts, was imposed on 22 September 1991 by the Decree of the President of the SRSR. On the territory of the Russian Federation, the supremacy of the President of the Republic was not voiced and at the time of the Decree of 23 September 1991, not a few months. On this basis in the troublesome group of people's deputies in the Russian Federation, it is argued that it is against the law for the activities of the Communist Party of the RRFSR to follow the Decree;

Legislation, as it was wildly in that period and in the present hour on the territory of the Russian Federation, has no general norms, which directly convey the order of the activities of political parties, other public associations and other structures. At the same time, the possibility of such an award was fixed not only in paragraph "c" of Article 23 of the Law of the Russian Federation "On the Supervisional Camp" and a similar union law in connection with the provisions of the Supervisional Camp, but also in the Law of the SRSR dated April 2, 1990 "On forcible violations for encroachment on the national equality of the masses and the forcible destruction of the unity of the territory of the Union of the RSR”.

The setting of the names of the assets with part of the other article 7 of the Constitution of the Russian Federation, as well as articles 3 and 22 of the Law of the SRSR "On public associations" gives a basis for the visa, that both the Russian and the Union lawmakers acted on the basis of the competent lawmaker the activity of political parties and other public associations, the crime of falling into the supremacy camp, it is possible for the obviousness of the silence of the substituents themselves, so that their activity is not allowed. Remains valid to the extent of another article 7 of the Constitution of the Russian Federation admissible and necessary for transferring illegal actions from this norm.

To accuse the vigilance of the hromada communities is guilty of zdіysnyuvatisya, in such a rank, to the mercilessness of the safety of the hromadas, the sovereign and the hromada's safety, normal activity. state institutions. In all these cases, the activity of the community associations is attached to the approval of the decision by the judicial authority. For the sake of obviousness, let’s assume that it took part in anti-constitutional activities, set them up for investigation, serving the same goals. At the same time, the yoga procedure was not regulated. With this, in these acts, where the possibility of enforcing the activities of the hromada communities is directly enshrined, such an increase is given to the greatest person of the landowning power - the President.

The reasoning of the names for the purposes of the activities of the Communist Party of the RRFSR was changed by the decree of the President of the Russian Federation from the situation that developed in the serpni of 1991. Vyonovo Vidpovs was laden by the statts 4 constitutes of the Federal Federal Administrative Offenses in the editorial office of the 24th injury, 1991, Yaka Zobov'yazu, holding the law enforcement, ilmadyan, dot -pepper, and such a context of the president - Countered paragraphs 11 Statti 121.5 Constitutions of Rosiysko federals at the editing of 24 Age, 1991 Rock Yogo, Ido Encouraging the Vyzdo Skoden, the most of the federal federal federals, vid їmen, a participation of the obstacles of the stubborn of the stubbornness of the stubbornness of the stubbornness The stoppage of such visits is not covered by the law due to the obov'yazkovym voicings of the supranational camp on the territory of the Russian Federation. Significant improvements include the right of the President of Russia to recognize the presence of a threat to the state and the vast security of the land and in the fallow period in the degree of reality of the threat to accept the decision to the extent of its competence.

President of the Federal District Foreign Affairs in Danny Vipad Dіyav Yak Vishchal Posadova Derbubbleki that head is ї Vikonavcho Vladi (part of Persha Statti 121.1 Constitutions of the Federals of Rock 24, 1991 Rokui) Federation of the Federation (Article 121.4 of the Constitution of the Russian Federation, as amended on May 24, 1991).

Visitable decree of VD 23 Serpnya 1991 Rock, President of the Federal Antimonopoly Service Visit the status of the KP RRFSR Yak Gromadsky Oblodnannya, laying status 6 I 7 constitutes Rosiyko federals in the editing December 26, December 19, Article 1 of the Law of the SRSR "On Community Associations". Decree of the Buv of hidden on the unprofitable parties of the part of another statt 7 constitutes of federal federals at the editors of the 24th injury 1991 Roku, the yak is not allowed by the Object, and the mugni, Zokrema, Zmima, Zmin, Zmizhin Zmizhnovka Zmima Zmima Zmima Zmima Zmima Zmima Zmima Zmima Zmima Zmima Zmima Zmima Zmima Whom has the judicial procedure for the exchange of the right to consolidate the Constitution of the Russian Federation. Указ передбачав звернення до органів судової влади після завершення розслідування для вирішення питання про неконституційність дій КП РРФСР, що відповідало принципам розгляду аналогічних питань, встановленим Законом СРСР "Про посилення відповідальності за посягання на національну рівноправність громадян та насильницьке порушення єдності території Союзу РСР". The Constitutional Court respects the fact that the Decree of the Supreme Council for the Sake of the SRSR dated 29 April 1991 "About the situation, which was linked in the country with a coup d'état, which is a maverick", was awarded the activity of the Communist Party of Russia on the whole; clearly to the point of decision

Zupinennya dyalnosti KP RRFSR vymagalo vzhittya zakhodіv schodo zberezhennya її lane. На підставі вищеназваних положень Конституції Російської Федерації у редакції від 24 травня 1991 року, а також її статті 10, яка передбачає обов'язок держави охороняти право власності, забезпечувати рівний захист усіх форм власності, з урахуванням необхідності запобігти незаконному вилученню та використанню партійного майна та коштів , were accepted come in, listed in paragraphs 3 and 4 of the Decree of the President of the Russian Federation on 23 April 1991, and to the same: given the mandate to the MFR RRFSR to secure the savings of the lane and the cost of the bodies of those organizations of the Communist Party of the RRFSR until the decision of the Central Bank of the Residual to secure the ordering of operations before a special order from the counterfeiting of cases from the offices of the prosecutor's office and organizations of the Communist Party of the RRFSR.

Tsi dii Buli Pidrimani by the President of the SRSR, by his own decree of VD 24, 1991 Rock "About the Mino Radunist Radiean Union" Zobov, for the sake of the people's deputy, take Pid Hunts Mino PPRS TAKS VIKOSISTYSHITS. that republic about power and that community association.

The President of the Supreme for the sake of Rosiysko Feditziya declared 16 Veresnya 1991, ShO "Be a rejoice of the puhdo Mine, Tsіnno, Avounse subtias, ShO CLASE PROSE, їA of parts, Enters for the wrong organized SRSR, so and beyond the yogo cordons, є nedіysnymi z usima z tsgogo, apparently before the legislation of the RRFSR, naslіdkami ".

Come in, paragraph 3 by the decree of the President of the Federal Autonomous Education of the Federal Autonomous Education 23 Sickle, 1991, May, Meti Zakhist Intereesiv Derzhavi, hunting of the sovereign of the sovereign of the sovereign, the deprivation of Kraina, the federal federal federal federals are federal. edited on 24 May 1991.

At the same time, the Constittees of the Constittees of the Higher, the Privaturi RRFSR, ShO MASTISH IN PARTIC 1 Decree, hold the ROSSLIDANNYA of the Anti -Constituents of the Comparty Rrfsr I Vistrati, the Proposits of the Rrifsri, I am notable for viscinaries of the sedentary. , 177 and 179 of the Constitution of the Russian Federation at the editorial board on May 24, 1991.

Не відповідає принципу розмежування компетенції між державними органами що міститься у пункті 1 доручення Міністерству внутрішніх справ РРФСР провести розслідування фактів антиконституційної діяльності органів Компартії РРФСР, оскільки органи внутрішніх справ згідно зі статтею 126 Кримінально-процесуального кодексу республіки не мають права проводити попереднє розслідування.

At point 6, the Decree was established that the wine was gaining rank from the signature. However, depending on the fundamental principles of law, whether there is any legal act that may have a formally obov'yazkovy character and acquire rights, freedom and obligations of a person, is guilty of gaining rank no earlier than the day after its publication, or bringing it to a public opinion in another way. The order of the puberty of the President of the Federal Antimonopoly Service of the Federal Antimonopoly Service of the Federal Antimonopoly Service on that periode is not a Buv of inserts, one practice, chopped, allowed the yogo analogue order of the publishing house of the law, and the piriyskiyko federals of the presidency of the presidency of the presidency of the President 26 are a proof of the rocke. Russian Federation and Councils of the Russian Federation".

Vodnochas, the Constitutional Court accepts until the notice that the Decree of the President dated 23 April 1991 to bring to the public information, immediately signed, on the radio and TV broadcast.

У клопотанні народних депутатів про перевірку конституційності указів Президента Російської Федерації оголошення державною власністю майна КПРС та КП РРФСР названо "націоналізацією" і стверджується, що дане вилучення здійснено Президентом у суперечності з Конституцією Російської Федерації (статті 10, 49) та чинними у Російській Федерації законами зокрема , the Law of the RRFSR "On power in the RRFSR" (articles 1, 2, 17, 30, 31, 32), the Law of the USSR "On public associations" (articles 18, 22), day.

In the course of the judicial review, the Constitutional Court established that the CPRS and the CP of the RRFSR, as it was cleared on their balance sheets, hid objects at its warehouse, as they could lie with the rulers, including the powers. This was brought to the right by documents (ordering for the sake of the Ministers of the SRSR about the sighting of the currency, a decision about the free transfer of budives, which is to be transferred from the power of the state, then), by showing certificates (V.V. Ivanenko).

Precisely, the subject of the right of authority was appointed to that chi іnshé mine object, which, having changed in the governing bodies and the establishments of the CPRS, made it difficult to win the main mass of national wealth.

The Constitution of the Soviet Socialist Republic of 1977 established the fate of Article 10, that the order of the sovereign (foreign people) and the collective-state-cooperative power of the socialist power, as well as the main trade-union and other public organizations, is necessary for the present day. Systematic litigation of the norms of the Constitution of the SRSR and the Constitution of the Russian Federation, as well as the Fundamentals of Civil Legislation to the Union of the RSR and the Allied Republics and the Central Committee of the Russian Federation, brought the Court to a conclusion, which did not include the CPRS in this context. About tse vydchit konstitutsіyna formula "Profspilkovі and іnshі hromаdskі organizations". About the CPRS in the Constitution was mentioned in Article 6, and in Article 7 - about the role of trade unions, Komsomol, cooperative and other public organizations. It is obvious that the formula of Article 10 of the Constitution of the SRSR of 1977 to the present day (the most important articles of the constitutions of the Union and Autonomous Republics) corresponded to Article 7 itself. "Kerіvnoї that spryamovuyuchoї force suspіlstva". In article 6 of the Constitution of the SRSR, the CPRS was designated as "the core of the political system of the radyansky suspіlstvo, sovereign and hromada organizations". And in article 7 of the Constitution of the SRSR, the CPRS was not named among the hromada organizations. The CPRS’s lack of responsibility should be recognized by the hromada organizations in such a rank as confirmed by the text of the Constitution of the SRSR.

CPRS bula posture civil-legal regulation vіdnosin z drive її lane. This thesis is brought to the attention of the materials, the oscalls are established that the CPRS lane did not interfere with the financial control of the state. The public eye of the prosecutor's office also did not stand in the sphere of activity of the CPRS. Navit accounting appearance of the CPRS is not consistent with the established procedure. Quite often, the organizations of the planting individuals of the CPRS gave other subjects the rights of power to bind them to the order of the lane without having to take it on their balance sheet. For all the time, there was a lack of support for the CPRC’s unpaid income for the state’s income, violating Article 133 of the Fundamentals of Civil Legislation to the Union of the RCP and the Republic.

The non-insignificance of the subjects of the right of power to the Mayno, who was in the administration of the CPRS and the Communist Party of the RRFSR, does not allow them to be unambiguously recognized as the rulers. Maino was easily transformed into one form of socialist power at the will of the CPRS bodies, as if he were a main, ale from a formal sack. The norms of civil law did not comply with specific main legal blueprints, and those bodies of the CPRS literally slandered Article 6 of the Constitution of the USSR (at the link with the provisions on the supremacy of the norms of the Constitution).

In the case of the power of the CPRS, the system of subordinate standards was won over: legally, the power of the hromada organization was respected; only other party organizations (z'izd CPRS, Central Committee of the CPRS) could legally order the power of the CPRS, but in fact it was ordered by the core organizational structures of the CPRS.

The Constitutional Court, stating the impossibility of arranging in this judicial review the rightful will of the magistrate at the time of the transfer of the lane from the state to the CPRS, considers the mine, as if the CPRC was cherished, like those who were in the order without legal representation. This statement does not include the principled possibility that part of the lane, as if it had been in the administration of the CPRS, legally belonged to the right of power.

In this way, with the assessment of the constitutionality of the Decree of the President dated 25 September 1991 "On the mine of the CPRS and the Communist Party of the RRFSR" the Constitutional Court decided that it was mine, that the CPRS and the powers of the Communist Party of the RRFSR were held to have three categories in) other rulers. However, moreover, the authority of one subject is terminated and the authority of another is initiated, and in some cases, even the one who is the ruler, has legal innocence, as it may be put down to the order of civil arbitration courts. The Constittees of the Court is not the MIG Consistent to the Patanni discusses about those in the yaki part of the PPRS warehouse, the power of the possession, the iclki viddov is the court of the law on the constituent, the court is exalted .

At the link with the disintegration of the CPSU, as a staunch allied party, food about it may not be vyrishene neither on the substantiation of statute 14, nor on the substantiation of statti 22 of the Law of the SRSR "On Public Associations". Article 6 of the second Law says that such associations should lie before the zagalnoyuznyh, the activity of which can be extended to the statutory zavdan on the territory of all the greater union republics. І yakshcho tsya umova v_dpadaє, mіsce the disintegration of the allied union association, the legacy of which was not passed by law. Vinikla, in this manner, the situation of legal non-significance is like a significant part of the main large CPRS of the Russian Federation. In the minds, if the principle of subdivision of power is not taken away from the subsequent development in the legislation of the Russian Federation on power, if there are a lot of norms of legislation included in the super-enforcement of this principle, the constitutional resolution about the share of the main, as it was in the governing bodies of the CPRS, it could be reached other legislators, vicons and judges of the Russian Federation took part in the whole complex of problems.

In the minds, if the activity of the Communist Party of the RRFSR was suspected, if it was impossible to hold a party z'izd to show the will of the party lane and if the party's right to power over a lot of objects, the lane was doubtful, the form of power could be in order, the CPRS could be in order, adoption of the law of the RRFSR "On power in the RRFSR", adopted by the Verkhovna Rada of the Russian Federation, which is valid up to paragraph 6 of the first part of Article 109 of the Constitution within the competence of the Russian Federation legislator regulation vіdnosin vlastnostі.

Depending on the constitutional norms, the Verkhovna Rada has no small right, however, to rule on specific provisions, neither about the share of the CPRS lane as a huge association (the prerogative of the judiciary), nor about the share of the sovereign lane, as a matter of fact (decisions on these matters, if they do not fall within the competence of legislators and judicial authorities, may be controlled by victorious authority).

Stosomally sovereign minute, ShO is known in the management of the PPRS I KP RRFSR, Decree of the President of the Federal District Federal Property Administrative Offenses of the Personas of Statti 10 Constitutions of the Federals, Zkormrem, Visit, the Rights of the Posori, Zajist, Zajist Zajist Zajist Zajist Zajist Zajist Zajist. Decree in this part of the state in accordance with the provisions of Article 11.1 of the Constitution, which regulates the basis of the status of sovereign power in the Russian Federation. President of the Russian Federation to this particular type Vіdpovidno up to part of the first statute 121.1 of the Constitution, which characterizes it as a posadov's person, the head of vikonavchoї vlady, that is viable up to stati 121.4 of the Constitution. Розпорядження щодо використання державного майна, що містяться в Указі, входять до сфери його компетенції: відповідно до пункту 6 статті 121.5 Конституції Президент Російської Федерації керує діяльністю Ради Міністрів, яка згідно зі статтею 121 Конституції підзвітна Президенту, а згідно з пунктом 3 частини другої статті 125 , zokrema, go to defend the interests of the state and protect the socialist authority. A number of improvements for the sake of the Ministers of sovereign power, victories in the Decree, were transferred by paragraphs 1 and 2 of the other article 125 of the Constitution. Orders of the President at the link with z tsim, sent to the authorities of vikonavchos at paragraphs 5 and 6 of the Decree, granting the same competence, also by virtue of paragraph 11 of article 121.5 of the Constitution, which transfers the obligations of the President to live in the security of the state.

It is not possible to vanish the right -wingedless personality of the sovereign of the sovereign of the VISTI PAYNI Main, it was known in the management of the KPRS, the right of the sovereign on the yak was the same as for the same time (the membership of the Vidniy, and such . The establishment of such a lane for sovereign power is like that, which supersedes the provisions of article 10, part of another article 49, paragraph 6 of the first part of article 109, articles 121.5, 121.8

Stunned by the sovereign authority of the lane, as the sovereign authority did not know, it cannot be included in the competence of the vikonavchii authority, as it is not specially trusted by the act of the legislator authority. Time has such a reassuring act of the day.

In the country, for a 3rd hour, the regime of an uncircumcised, narrow group of communist functionaries, who spire on violence, was united at the Politburo of the Central Committee of the Communist Party of the Soviet Union on the basis of the General Secretary of the Central Committee of the Communist Party of the Soviet Union.

The evidence from the right materials shows that the key organs and living individuals of the CPRS planted in the most important vipadkіv potai in the form of ordinary members of the CPRS, and often - in the form of far-flung functionaries of the party. On the lower levels of management to the district, real power lay with the first secretaries of the supreme party committees. Only on the level of the first organizations of the CPRS is there a small number of public associations, although the principle of formation of these organizations is to put the members of the CPRS in the field of their ceramics, closely related to the administration. With reference materials, in addition to the evidence, it is confirmed that the core structures of the CPRS were the initiators, and the structures in the localities were most often the conductors of the policy of repression against millions of Radian people, and the deportation of peoples. So it went on for decades.

After the change of Article 6 of the Constitution of the SRSR, as in the past, the organizational structures of the CPRS have been violating a lot of power to enter into the competence of the competent authorities of the government. So, on January 10, 1990, at a meeting of the Politburo of the Central Committee of the Communist Party of the Soviet Union, the food for the sale of gold and diamonds was considered (document 67). Протягом 1990 року в ЦК КПРС обговорювалися питання про перетворення дипломатичних представництв СРСР, тексти повідомлень Держкомстату СРСР, використання валютних доходів установ мистецтва та культури, виробництво засобів пожежогасіння, діяльність ВПК та Міністерства зовнішніх економічних зв'язків, передачу Держпостачу СРСР матеріальних цінностей з Держрезерву, Ленінських and the Sovereign Prizes of the SRSR, listening to service telephone conversations, visnovka radyansky viyskз Угорщини, утримання радянських військ у Німеччині в 1991 році та наступний період, заходи у зв'язку з антиармійськими проявами, напрямки роботи МЗС СРСР, запрошення керівників братніх партій на відпочинок, роботи з ядерної енергетики, заборгованість радянських організацій "фірмам друзів", забезпечення old factories (documents 64 - 72).

In 1991, the representatives of the Central Committee of the Communist Party of the Soviet Union considered food about the reserves of material resources, the security of enterprises with syrovine, the instability of the camp in Abkhazia, the recruitment of a corresponding member of the Academy of Sciences of the SRSR for a session of the UN University in Macao, and the rank of the SRSR. In 1991, several union departments sent materials to the Central Committee of the Communist Party of the Soviet Union about the work of the defense complex, about the partial change of the resolution of the Supreme Radiation of the RRFSR on the introduction of the Law of the RRFSR "On power in the RRFSR", the admission of foreign communities to study in the SRSR, and so on.

Appointment of more landlords, the assignment of general ranks continued to be carried out only for the sake of the Central Committee of the CPRS (documents 10, 11, 12, 21 and in.).

Concerning the direct promotion of the military and party organizations, the Decree to the secretariat of the Central Committee of the Communist Party of the Soviet Union on April 12, 1990 "On changes in the defense councils of certain autonomous republics and regions of the RRFSR" (document 15); a list of members of the military councils of the party core warehouse of the republics, territories and regions of the camp for 1991 (document 203); note of the secretaries of the Central Committee of the CPRS O.S. Shenina and O.D. Baklanova dated September 9, 1991 "About Party Care for the Nutrition of Defense Life" (document 433).

Prior to the approval of the law of the SRSR on the state security organization, the Regulations on the State Security Committee under the Council of Ministers of the SRSR and the yogo organization on the missions on September 9, 1959, were approved by the Presidium of the Central Committee of the CPSU. It was said to him that the organs of the KDB were political, they should come in to the Central Committee of the CPRS and practice without intermediary kerivnitstvom, the doctors of the KDB were to enter the party nomenclature, punish the heads of the KDB are seen from the praise of the Central Committee of the CPRS.

In 1990, the head of the KDB SRSR sang that this department was being controlled by the CPRS. The Central Committee of the Communist Party of the Soviet Union continued to receive incoming calls and notes;

Maizhe, until the end of its activity, the CPRS maintained the nomenclature. The remaining list of the nomenklatura was approved by the Central Committee of the Communist Party of the Soviet Union on the 7th of September 1991. Up to the new one, 7 thousand osіb are included, yakі obіymayut the key plant in the state, - the presidents of the republics, the heads of the Rada, the heads of the Rada Ministers, then. It was prevented to make any changes in the approval of the Central Committee of the CPRS special sheet with the appearance of personnel and in the questionnaire; The Central Committee of the Communist Party of the Soviet Union continued to adopt decisions on the assignment of honorary and special titles to specific persons, diplomatic ranks, state honors, and the establishment of personal pensions.

Having continued the order, however, such a serious recognition could not be done without prior approval from the Central Committee of the CPRS.

The CPRS has stepped in and overseen the control of mass information. In 1990, the party's kerіvnitstvo handed over to the State Teleradio of the SRSR to create a regular television program dedicated to the problems of the CPRS, which played a role in the ministry; Ideologically, I was talking about the respect of Derzhkino for the film, in which the footage of the Nuremberg trial was shown. In 1991, the representatives of the Central Committee of the Communist Party of the Soviet Union recognized for the need that the Ministry of Health of the Soviet Socialist Republic reversed the respect of foreign powers for the unacceptable activity of the radio stations "Voice of America", "Bi-bі-si", "Freedom".

The selection of the CPRS of the sovereign koshtіv was three times in 1990 - 1991. Thus, the audit carried out by the Head Office of the Prosecutor General confirmed the facts of free voting by the secretaries of the Central Committee of the Communist Party of Lithuania; was deprived without payment of calling dozens of teletypes from the buddies of the Central Committee of the Communist Party of the Soviet Union, the paramedic service of the party structures of the country; on the sovereign's rahunok lay cordon reinforcements; ministries and departments were given instructions to contact the press center of the conference of the Communist Party of Russia and the XXVIII z'izd of the CPRS.

Provision of party workers was carried out by the state purse. In 1991, the representatives of the Central Committee of the Communist Party of the Soviet Union were transferred free of charge to the state dachas, taken for the party budget of the republican and regional newspapers, which were used by the state budget. In 1990 and 1991, the sum of 691 million rubles was spent by the political authorities of the KDB, MVS, and the Ministry of Defense. In the interests of saving the shortcomings of the party budget, the Central Committee of the Communist Party of the Soviet Union got accustomed to paying the bills to the so-called "druz firms" with a focus on the state budget and non-refundable foreign exchange loans.

All proposals are submitted to the core structures of the Communist Party of the Soviet Union and the Communist Party of the RRFSR, forwarded to their committees from the central to the regional secretariats and bureaus (for the central ones - the Politburo), as well as to the staff of these committees. The mass of ordinary members, including the core of the first organizations, practically could not be engaged in sovereign activity. Before 1990, the statute of the Communist Party of the Soviet Union entrusted the right of party control over the administrative affairs of the enterprises and establishments, and in most cases it was an empty formality, the representatives of the nomenclature of the Socialist Republic of the RFC RFC (KP) were representatives of the nomenclature of the CPSU.

Transitional members of the CPRS (KP RRFSR) praised their political campaigns of central and other committees and yogi apparatus. For the rest of the hour, criticism began to appear from their side, against which the rank-and-file members of the CPRS (KP RRFSR) could not reach their organization.

The core structures of the KPRS and the Communist Party of the RRFSR gave state power and actively implemented them, shifting the normal activity of the constitutional bodies of power. Tse became a legal basis for the liquidation of these structures by decree of the supreme landowner of the Russian Federation. The decrees of the President were dictated by the objective need to turn to a large camp, to liquidate the structure, the usual practice of such a bula is based on the fact that the CPRS occupied the camp in the sovereign mechanism, as it does not fit with the foundations of the constitutional harmony.

PIDSTAVIA for a rocked paragraph 6 of the decree 1 decree of the rockel, the fuss of the organized structures of the Communist Party of the Communist Party of the PPRFSR є is the Personal Pershevni Pershim Statt 4 Constitutions of the federal federal federal federation protection of the rule of law, the interests of society, the rights and freedoms of the people. The President of the Russian Federation acted when he took his oath, signed at Article 121.4 of the Constitution and goiter to protect the sovereignty of the Russian Federation, honor and protect the rights and freedoms of people and citizens. Zdiisni, the president, go to the ponds of the Sudasion of the Perenniye Bezpeki Federals, the Yaki President of the Zobov’s obligation to get used to the paragraph 11 Statt 121.5 Constitutions of the Federals of Rock in the editorial office of the VID 1 of the decidation of 1991.

The anti-constitutionality of the activities of the core structures of the CPRS and the CP of the RRFSR, as at the time of the publication of the Decree of the President of the Russian Federation on the 6th leaf fall of 1991 "On the activity of the CPRS and the CP of the RRFSR", including the possibility of their inspiration in the future. Members of the Communist Party of the Russian Federation have the right to create more than new core structures with a higher legal status up to the most dignified Constitution and laws of the Russian Federation on equal minds with other parties.

Prote the broad formulation of paragraph 1 of the Decree, which transfers the responsibility and dissolution of the organizational structures of the CPRS and the Communist Party of the RRFSR, is not assigned to a greater difference between the core structures and the primary organizations of the CPRC and the Communist Party of the RRFSR, approved on a territorial basis.

At Practice Viconnia, taking the Mountain Mountain Tlumachennya Yogo paragraph 1: Deputies - Knights were zberet at the representation organs of their mandati and frazi, membership at the Kolishnya Robot in the NIKOI PIDSTAVOA Discriminating, Buli of the Bullet of the Bulletin Party. The one -to -one text point with the decree with literally yogo tlumachenni is the bouti vicoristani yak for invisible discriminating ransystiv vsueper, Zokrem, the positions of paragraph 2 of that by the decree, so for such an invalid nonsense of the Legs to the concrete osides, the anti -icing of the anti -tonstles, Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniy Vinniya and KP RRFSR.

Paragraph 2 of the Decree that the authorities of the vikonavchos vlady of the Russian Federation, territories, regions, autonomous regions, autonomous districts, cities of Moscow and St. position, yakі to secure the rights and freedom of the people.

Prior to paragraph 3, the Decree of the whole world should be laid down more than a hundred times the Decree of the President of the Russian Federation dated 25 April 1991 "On the mine of the CPRS and the Communist Party of the RRFSR". This point to the Decree of the constitutional way to tієї part of the lane of the CPRS and the Communist Party of the RRFSR, the right of power to belong to the state, that non-constitutional way to decide the tsiy lane.

According to paragraph 4 of the Decree, then the fault of directing to the security of the violation of paragraphs 1 - 3. In the light of what has been said above, it is clear that the bindings, provisions for transferring to this paragraph of the sovereign authority, one hundred and fifty of the attributions, which are to be paid at paragraphs 1 and 3 of the Decree, constitutional no more peace, what a constitutional point of the Decree.

Президент Російської Федерації, який відповідно до частини першої статті 121.1 Конституції Російської Федерації у редакції від 1 листопада 1991 року є вищою посадовою особою та головою виконавчої влади в Російській Федерації, правомочний віддавати розпорядження державним органам виконавчої влади нижчих рівнів управління, що належать до втілення в життя yoga instructions. Vіdpovіdno to vstanovlenі in part of the other statute 4 of the Constitution on the obligations of the settlements to trim the Constitution and laws viplyaєs ob'yazok vikonuvati decree of the President of the Russian Federation, within the limits of his competence.

Apparently the Decree, the President cherubvsya statte 121.4, as well as part of the first statute 121.8 of the Constitution, as it gave him the right to see the decree, obov'yazkovі to vykonannya on the entire territory of the Russian Federation, and then revise it. Safeguarding the execution of the Decree, the President relied on his own renewal, like the support of the Rada of Ministers, laid on the President by paragraph 6 of article 121.5 and other renewals, laid on the new vote up to paragraph 16 of article 121.5 of the Constitutional Laws of the Russian Federation. In addition, Article 122 of the Constitution establishes the subordination of the Ministers for the sake of the President, including food, which is suspended until the end of the Ministers for the sake of the government of the people, security of law and order, security and defense, before paragraphs 1 - 4 of the other part of the Constitution. Paragraph 4 Decree yakraz i torkaetsya tsikh food.

As for the lower bodies of the victorious government, then part of the other article 132.1, article 134 and part of the first article 146 of the Constitution are substantiated for the right of the President to give new orders to these bodies within their borders.

Considering in the course of the judicial agreement the suputnє nutrition, the Constitutional Court reviewed that the CPRS is a sign of the all-union community association, transferring, zokrema, by the Law of the SRSR "On the community association".

At zvyazku z podіyami 19 - 21 September 1991, General Secretary of the Central Committee of the CPRS M.S. Gorbachev on 25 April 1991 called out to the Central Committee of the Communist Party of the Soviet Union "to make an important decision, and even more honestly, a decision about self-dissolution" and stating: "The share of the republican communist parties and local party organizations is determined by themselves ... refurbishment".

Tse became the beginning of the disintegration of the CPRS as an allied political organization. Secretary of the Central Committee of the Communist Party of Kazakhstan, member of the Politburo of the Central Committee of the CPRS N.A. Nazarbaev. At the same hour, Secretary of the Communist Party of Azerbaijan A.N. Mutalibov and Secretary of the Communist Party of Uzbekistan I.A. Karimov. It was also said about the departure of members of the Central Committee and the Central Committee of the CPRS in Azerbaijan and Tajikistan from the warehouse of these bodies.

Zgodo Buli Prisnyati Rizhennya: about the Zupinennya of the Dylenosty Komniki Party of Gruzi (by decree of the President of the Druz VID 26 Serpnya), BILOSISIA (sake of the sake of the sake of BILOUSIA 25 Serpnya), Tajikistan (staged by the sake of the sake of responding) ; about the dissolution of the Communist Party of Kazakhstan (decisions of the supra-extreme XVIII z'ezd of the Communist Party of Kazakhstan on the 7th of September); about the self-dissolution of the Communist Party of Azerbaijan (decisions of the supranational XXIII party of the Communist Party of Azerbaijan on 14 September); about the assignment of activity to the Communist Party of Hungary (decisions of the XXIX Congress of the Communist Party of Hungary on the 7th of April); organization of the Communist Party of Estonia of the Estonian Communist Party (Decree Order of Estonia on 22 sick days); about the departure of the Communist parties of Turkmenistan to Uzbekistan from the warehouse of the CPRC (valid until the decision of the plenum of the Central Committee of the Communist Party of Turkmenistan on the 26th of September and the decision of the XXIIIth party of the Communist Party of Uzbekistan on the 14th of March) with a further liquidation of the communist republic; About the fence of the dial -to -house community of the parties of the Moldov (staged by the VID for the sake of the MOLDER 24 Serpny), Ukrainian (staged by the VID for the sake of Ukrainian 30 sickles), Latvy (staged by the sake of Latvyko VID 10 VID), Lithuania (stake of the serene ribs) ).

In this way, before the leaf fall of 1991, after the dissolution, suspension, fences and other reforms of the communist parties of the republics, they pinned their foundation. Tse meant that the CPRS attached signs of the allied political party, transferring part of the other article 6 to the Law of the SRSR "On Public Associations".

Well, before the Communist Party of the RRFSR, then, as it was appointed higher, there was no waiting room for analysis of the Decrees of the President of the Russian Federation, and the independent political party did not take shape.

The RRFSR CP was no longer independent, as the structure of the CPRS system and in quiet boundaries, as if it was signing the CPRS statute. The sensible status of the Communist Party of the RRFSR and the regional party organization may have changed, which was confirmed by the first secretary of the Central Committee of the Communist Party of the RRFSR I.K. Polozkov (transcript from July 7, 1992, pp. 93 - 100).

It has been established that the core structures of the CPRS and the Communist Party of the RRFSR were practically established in parallel with the viable constitutions of state-power functions, which means that the dissolution of their legal and renewal is unacceptable. Try the call that the conference was held and the z'їzdu of the CPRS, in the autumn of 1992, they cannot be recognized by the right-wingers, the representatives of the CPRS, as if they took part in the process, occupied at the time of seeing the Decrees of the President, planted as an intercessor Secretary General The Central Committee of the Communist Party of the Soviet Union and the First Secretary of the Central Committee of the Communist Party of the RRFSR, declared their total incompetence to tsikh dіy.

Shards, in this way, it was established that by the end of time there was no CPRS, no CP of the RSFSR, there were no traces of recognition, which was the subject of the wailing of the people's deputies in the Russian Federation about the recognition of the inconstitutionality of the CPRS every day.

Що стосується прохання, що міститься в клопотанні, визнати Укази Президента Російської Федерації конституційними Конституційний Суд зазначає, що клопотання про визнання конституційними актів державних органів не передбачені Законом про Конституційний Суд Російської Федерації і не мають сенсу по суті, оскільки будь-який акт державного органу вважається constitutional, as long as the law has not established a different order before the Constitution.

On the basis of the draft, citing the fourth part of Article 6 and Article 64 of the Law on the Constitutional Court of the Russian Federation, the Constitutional Court of the Russian Federation

praising:

I. Feed on the revision of the constitutionality of the Decree

1991 no. Chapter 79

Communist Party of the RRFSR"

1. Vanitae, the clause of the 1st decree, the President of the Federal Antimonopoly Service of the Federal Construction of the Interior Help on the conduct of the Roslіdovannya is not the same constitutes of the federal federation in the editors of the 24th grass, ї ї Stattsya 121.8 the rules about the validity.

2. Recognize paragraph 2 of the Decree of the Constitution of the Russian Federation at the editorial office dated January 24, 1991, її statti 4, paragraph 5 of article 72, part of the first article 121.1, article 121.4 and paragraph 11 of article 5.

3. Visual paragraph 3 by decree of such, SO VIDPOPOVID ROSICHICOSHICHIA in the editorial office 24 Rock, 1991, ї Statt 4, paragraph 5 Statti 72, Partniya Statti 121.1, Statti 121.4, paragraph 6 of the paragraph 11 Statti 125. Tu 4. Tu 4. Tu 4. Tu 4. Tu 4. part of another article 125, part of the first and other article 129.

4. Recognize paragraph 4 of the Decree of the Constitution of the Russian Federation at the editorial office dated 24 January 1991, її statti 4, paragraph 5 of article 72, part of the first article 121.1, article 121.4, paragraph 11 of article 5.

5. Foreseeable at paragraphs 1 and 5 of the Decree attributed to the President of the Russian Federation, the prosecutor's office does not have legal significance, the fragments of the legal obligations of the prosecutor's office are directly evident from articles 176 and 177 of the Constitution of the Russian Federation.

6. Recognize paragraph 6 of the Decree in such a way that it does not slanderous principle rights, zgіdno z yakim law that іnshі normаtіvny act, scho transfer obmezhennja hromadyan's rights, gain rank only after its publication in official order.

II. A word about the revision of the constitutionality of the Decree

"About the mine of the CPRS and the Communist Party of the RRFSR"

1. Vesznit paragraph 1 by decree of the Vidpovy Constitutions of the Federal Federal Administrative Offenses at the editing of VID 24, 1991 Rock, ї Statty 10th 11.1, parties of Persha Statti 121.4, paragraph 6 Statti 121.5, Statti 122, paragraph 3 of the part of the other part of the minute, the sovereign of the Minean Bula Bula Bula Bula Bula the state, however, at the time of seeing the Decree, actually rebuked the Volodymyr, Koristuvannya and orderly bodies and organizations of the CPRS and the Communist Party of the RRFSR.

Visiting paragraph 1 by decree of such, NOT, not vIDPOVIKOSICHICHICO of federals in editorials 24 injury 1991, ї Statti 4, part of the other statts 49, paragraph 6 of the part 121.5 Tu 121.8, stretch of the TIM a part, the head of the former bula of the CPRS, and also up to the third part of the lane, as at the time of seeing the Decree, in fact, he was rebuffed by the Volodymyr, Koristuvanni and ordering bodies and organizations of the CPRS and the Communist Party of the URSR, but the head of state was not appointed.

2. Vesznit paragraph 2 of the decree of the Vidpovy Constitutions of the Federal Federal Administrative Offenses at the editing of VID 24, 1991 Rock, ї Statti 4, part of the first statts 10, parties of Persha Statti 121.1, Statti 121.4, paragraph 6 Statti 121.5, paragraph 3 of part of the Stantti.

3. Visuals. Paragraph 3 I 4 by decree, ShO Vidpovіyatovyt Constitutions of the Federals Affairs in the editorial office of VID 24 Rocks, ї Statty 4 t 11.1, Partnia Statti 121.1, paragraph 6 Statti 121.5, paragraphs 1, 2, 3 of the Parts of another part of the Mine of Mine , the ruler of which was the power, but at the time of seeing the Decree, it was actually exchanged with the Volodymyr, koristuvannya and orderly bodies and organizations of the CPRS and the Communist Party of the RRFSR.

Visuals Paragraph 3 I 4 by the decree of the Stosomelly Main, NOT VIDPOPOVITSY CONTRITITICS ROSIKOKOIA in the editorial office of VID 24 Rock, ї Statti 4, Perthi Ta Statti 10, part of the other Statti 49, statty 121.8, the transfer of it 121.8, at 121.8. the rights of coronation with Danim Maine are implicitly attributed in the Decree with the competence of the state to coronate with Sim Maine as a Vlasnik.

4. Recognize paragraphs 5 and 6 of the Decree of the Supreme Constitution of the Russian Federation at the editorial board dated January 24, 1991, Articles 4, 9 and 10, parts of the fourth article 11.1, parts of the first article 16 and paragraph 1 of paragraph 1, article 4 , articles 121.8 and 122, paragraphs 1, 2, 3 parts of another article 125.

5. Recognize paragraph 7 of the Decree in such a way that it does not comply with the fundamental principle of law, it is the law that establishes another normative act, which transfers the rights of the population, gains rank only after its publication in official order.

6. Request the President of the Russian Federation to comply with paragraph 5 of the Decree on ensuring public hearings about praised solutions shodo lane KPRS and KP RRFSR and about the factually vikoristannya of that lane.

III. Some nutrition about the revision of constitutionality

1991 no. 169

1. Визнати пункт 1 Указу відповідним Конституції Російської Федерації в редакції від 1 листопада 1991 року, її статті 121.4 та абзацу першому пункту 11 статті 121.5, стосовно розпуску наявних на території Російської Федерації керівних організаційних структур КПРС, а також в якій вона була складовою КПРС.

Визнати положення пункту 1 Указу про розпуск організаційних структур КПРС і КП РРФСР не відповідним Конституції Російської Федерації в редакції від 1 листопада 1991 року, її статті 49, стосовно первинних організацій КП РРФСР, утворених за територіальним принципом, оскільки характер і не підміняли державні структури, а so think, that in the different organizational design of a political party, along with other parties, there will be additional opportunities for the Constitution and laws of the Russian Federation.

2. Recognize paragraph 2 of the Decree of the Supreme Constitution of the Russian Federation from the editorial office of the 1st leaf fall of 1991, Articles 37, 55, 121.4 and 172.

3. Visiting paragraph 3 by decree of the Vidpovy Constitutions of the Federal Federal Administrative Offenses at the editing of 1 leaf fall 1991 Rock, ї Statty 10th 11.1, parties of Persha Statti 121.4, paragraph 6 Statt 121.5, Statti 122, paragraph 3 , the ruler of which was the power, but at the time of seeing the Decree, it actually went through the hands of the Volodymyr, koristuvannya and orderly bodies and organizations of the CPRS and the Communist Party of the RRFSR.

Visiting paragraph 3 by decree of such, NOT, not VIDPOVIDETITITITITITITITITITITIONS of federal federation in the editorial office of 1 leaf fall 1991 Rock, ї Statt 4, part of Persho Statti 10, Parts of another statist 49, paragraph 6 of the part 121.5 Tu 121.8, Stosenno TIM part of the lane, the head of the CPRS bula, and also to the third part of the main, as at the time of seeing the Decree, it actually went through the hands of the Volodymyr, corystuvannye and ordering organizations of the CPRS and the Communist Party of the URSR, but the head of the yakow was not appointed.

4. Visorit paragraph 4 by decree of the Vidpovіdny Constitutions of the Federals of Federals at the editing of VID 1 leaf fall 1991 Rock, ї Partniy other statts 4, parties of the Persha Statti 121.4, paragraph 6 TA 161.5, articles 121.8 TA 122, paragraph 121.8 Tu 122; , 4 parts of another article 125, parts of another article 132.1, article 134, parts of the first article 146, one hundred percent of the provisions of the Decree, the constitutionality of which is recognized by the Decree.

IV. Schodo of suputny nutrition about perevirka

constitutionality of the Communist Party of the Soviet Union and the Communist Party of the RRFSR

У зв'язку з тим, що у серпні - вересні 1991 року КПРС фактично розпалася і втратила статус загальносоюзної організації, що розпуск керівних організаційних структур КПРС і КП РРФСР як її складової частини визнаний цією Постановою відповідною Конституції Російської Федерації і що КП РРФСР організаційно самостійної політичної party, keruyuchis article 165.1 of the Constitution of the Russian Federation, part fifth of article 44, part of the first and other articles 62 of the Law on the Constitutional Court of the Russian Federation, the conduct of the slander about the reversal of the Constitution.

1. On the basis of Articles 49 and 50 of the Law on the Constitutional Court of the Russian Federation, the Decree is gaining rank without a vote after having voted, and there is no residual that oskarzhennya.

2. Vіdpovіdno up to articles 4, 10 and 163 of the Constitution of the Russian Federation, as well as parts of the fourth article 1 and part 2 and 5 of article 65 Law on the Constitutional Court of the Russian Federation disputes about legal rights that at the time of seeing the Decrees, it actually went through the hands of the Volodymyr, koristuvannye and ordering bodies and organizations of the CPRS and the Communist Party of the RRFSR, there may be verdicts on the outrageous substations of the court order.

3. Vidpovly, to the statts 84 by the law on the constitutesian court of the Federal Federal Administrative Offenses of the Ponyan, Piligau Pla -Kublikovanni U "vidmosti Z'yzdu, the deputies of the Federal Federal Administrative Offenses for the sake of the sake of the sake of federal President of the Russian Federation on 23 September 1991 no. 79 "About the activities of the Communist Party of the RRFSR", dated 25 September 1991 No. 90 "About the Maine of the Communist Party of the Soviet Union and the Communist Party of the RRFSR" and on the 6th leaf fall, 1991. no. 169 "About the activities of the CPRS and the CP of the RRFSR", not later than the seven-day term after the first week.

Head

Constitutional Court

Russian Federation

V.D. ZORKIN

secretary

Constitutional Court

Russian Federation

Yu.D.RUDKIN

Continuing the cycle of videos “Mature People” with the classics – great, children of culture, community children, as they became national baptisms – we talked with the Doctor of Law, Professor, Head of the UNESCO Department of Copyright and other law galluses intellectual authority, before recently - secretary of the Spіlka Journalists of Russia Mikhail Oleksandrovich Fedotov. In the middle of the momentIt is necessary to inform about those that Mikhail Oleksandrovich was recognized as the head for the sake of promoting the development of institutions of social welfare and the rights of the people under the President of Russia and the President's guardian of the rights of the people. In the wake of the next interview, I happened to be interrupted, because people began to come to Fedotov’s office, soaking it in a new settlement, and further away Rozmov became unbearable. Vtіm, mi domilis yoga continue and talk about yoga new work. Lyubov Borusyak.

Lyubov Borusyak: Today we have come again to visit Mikhail Oleksandrovich Fedotov, the author of the famous law on the protection of mass information, the supreme and most important ambassador, the colossal minister to the other. For the past time, we have been apprehensive about the fact that Mikhailo Oleksandrovich, having completed his work as a minister, was also in charge of an absolutely new sphere of life - he became an ambassador.

Mikhail Oleksandrovich, I would like to hear about the trial of the CPRS and the bitterness of the “gold of the party”. Tsya is a rich history, as if in its time all the more tsikavila, but it ended with an unreasonable rank. Adzhe wi buli is an important participant in quiet podіy.

M.F.: So, I want to write a book and not just want to. Hotiv - tse in the past hour, but if you say at once, then I don’t just want to write a book, but I still manage to write it. The book, as it may be called "The trial of the CPRS: notes of a sleeper."

L.B.: Tobto called already є, rich for small.

M.F.: So, call є. There are a lot of materials, a lot of notes, notebooks, other texts, I have everything that I need, but one thing - I don’t have time. It's a pity, my squad is bugging me to sleep, naypіznіshe, about the first year of the night. It seems that my computer is still pink, but the worst is the punishment.

L.B.: Well, you need to sleep.

M.F.: Cover. There is no time. I say steadily, de b buy a crumb of free time. I don’t spend about sixty years on the loot.

L.B.: So not trishki. Yakby is a year-old friend, then, moreover, singsongly, it would be possible to come here, but the insoles are unlikely.

M.F.: And even required. If you want to catch everything - be kindly hurry up. To that hour - the most terrible obzhuvach.

L.B.: Ale, there are no books yet ...

M.F.: The process of buv cіkaviy, there is a lot about what you can tell. For example, as I have spent at the whole process. Tse bula spring 1992 rock. At that time, I was appointed as the General Director of the Russian Agency for Intellectual Power for the President of the Russian Federation.

L.B.: What has been done only a little, and rich in why by your susils.

M.F.: My zusilly is absolutely correct. I wrote a decree, I came up with how to create RAIS from VAAP. Moreover, I said that RAIS is a short name, and the name is RAIS Maksimovich, the shards at the same time for a little while parted from the Radian Union and that yogo president. I’m already radiant, that I’ll take care of the good, brown, clean, right, far away from all these political wars, from the political struggle. That is why politics, as I plant її razumiv, is a turbota about those, so that the country and її bagmen lived well. The axis of tsomu i є politika. And the fight between the party and the party is not politics. All politicanism, chvari, gossip - everything that is worth it, only not politics. Politics - all the time state fiend I think that how to change the economy, how to grow those creators of culture could freely create and receive normal pennies. That’s why I vvazhav, that I’m going to calmly take up politics, that’s the food of copyright, the food of the collection of author’s wine for the melancholy of our composers, poets, writers, too.

Ale was not here. It’s a pity that we had a chance to take care of our work at a free time, more becoming the main work at the time of the process at the right of the CPRS. My fate in the process began with the fact that I was telephoned by Burbulis, who was also the Sovereign Secretary of the Russian Federation, who was another and third special in the state. At that time, we did not only get to know him, but we made friends. It began to become known to him, if Yeltsin was getting ready to take the third star of people's deputies. I also worked as intercessor of Poltoranin. Burbulis arrived before Poltoranin: they were discussing who needed to be connected to work on the text of the presidential dopovid. Half an hour calling me. And in my office sat my friend and the author Baturin, and together we went into the office of Poltoranin. There we got to know Burbulis. To be more precise, we suddenly got in touch with him, because until then we got in touch with him at the Supreme Radiation of the SRSR. Burbulis asked: "Well, are you ready to take the part of the trainees of the dopovid?" I'll tell you what's ready. Then we left the Pivtoranin's office. As soon as I remember, Burbulis sіv on the table - me and Yura stood opposite. Burbulis turned to me:

A yak ti yavlyaєsh main theses tsієї dopovіdі?

I don’t like it, if it’s so unbearable for me to switch to ti, to navit tse є Sovereign Secretary of the Russian Federation. Therefore, I vіdpovіv:

I can say, as I express myself, but I want to feel a little your thought.

Otak me with him and switched to tee. We are friends until this day, I already love yoga and respect one of the smartest people in our country.

So axis. Calling me at the 92nd roci vin me and saying:

Listen now, the communes filed a scarga before the Constitutional Court, and it is obvious that the process will take place. How can you take part in the process as one of the president's representatives?

I swear:

Gen, I'll be right there.

If I arrived, I slept:

Did you win?

I said:

So, I've checked what I'm ready for. Tse more tsіkavo, tse will be the dawn of the year, which you cannot miss.

And suddenly, for a lawyer to take part in such a process ... Well, it's like a joke about two skripals. One of them took another place at the international competition, and the other - the rest, twenty others. Radiansky hours, stench at once turn to Moscow after the next competition. To fly at the litak, and the one who took off another place, it seems:

Like a shkoda, why did I plant another place and take off this damn Mercedes. Aje for the first time, such a great prize - a Stradivarius violin!

Second request:

What what?

And to that yoma you tell me:

How can you explain? Well, it’s all the same, what is Dzerzhinsky’s pistol.

So axis. For a lawyer, take part in the process at the right of the CPRS at the Constitutional Court, as for these lads shoot from the Dzerzhinsky pistol. Tom, well, I'll wait.

Burbulis said:

Well, garazd, you will be different.

I say

Garazd, I will be different. And who will be the first?

Burbulis:

And the first will be Sergiy Shakhrai.

I confirm:

Chudovo. My old friends with Sergiy - there are no problems. And who will be the third?

Vіn kazhe:

I dont know.

I say

Still, I am Sergiy - we are theorists, women, we are not practicing lawyers. It is necessary to call a practicing lawyer.

Burbulis ask:

I say

I would have called Andriyev Makarov. Because Andriy Makarov is a wonderful lawyer, more knowledgeable, more professional. And the brand is the one who knows the lawyer's technology, the lawyer's craft, the art of a lawyer, which Sergiyk and I do not know.

Burbulis called Yeltsin, and said "n" to him.

Then I say:

Gena, it will be very important. We need Makarov.

L.B.: And why didn’t you want to take another lawyer’s deputy? Such, what a bi pіdіyshov Yeltsin?

M.F.: Because in my role, I am a bachelor to Makarov herself. I know a lot of other lawyers, but for this role it was suitable for myself.

Burbulis ask:

And did you start talking about Makarov on this topic?

I confirm:

For now, don't know. I don't know yoga on the phone, but I'll try to know yoga.

And it was necessary to be so statistic that I am going to Vasilivskaya street - I entrusted from Budinka cinema, - and I am familiar with Makarov. Tse became literally the next day, or the coming one. I grab yoga and say:

Andriyko, love, this is the axis of such an idea.

Vіn put sprat power. How do you know what can be assessed as a lawyer? Maybe, vin mav bi sleepati, what kind of fee? Ale wine does not care about the fee, for it was about the historical action. І vіn vіdpovіdaє zgodoyu. And then we already guessed how to introduce yoga into the process. Vіn buv as a representative of Yeltsin to the process.

L.B.: Not boo?! Aje everyone knew about his serious fate in this process.

M.F.: So loud. Vin was a representative of a group of deputies. For there another skarga showed up: a group of deputies began to complain about the recognition of the CPRS by a non-constitutional organization. The first axis of the whole fussing was itself representing Makarov, who played a great role in the process, simply great. And yet, in this part of the process, ending with a complete failure, the fact that this group of deputies was inspired by one simple reason. The Constitutional Court having said that we can see the constitutionality of an essential political party, but we cannot see that the constitutionality of an unconstitutional political party is not. And the CPRS at that hour was fenced and did not stop. Therefore, the decision of the Constitutional Court was absolutely rightful.

L.B.: Tse already from the sickle of the 91st fate?

M.F.: So, from the sickle of 1991. I wrote in my own commentary that it was not the fault of the CPRS, but the CPRS was guilty of it.

I thought of the following option: Andriy Makarov will be a representative of this group of deputies. And the representatives of the president were three people: Sergiy Shakhrai, Gennadiy Eduardovich Burbulis and me. Mi th pratsyuvali three times, wanting to be honest, as a minimum, five times. To that the majestic role of engraving Sasha Kotenkov, a kind of todi bov right hand Shakhrai. We practiced the axis with such a team.

We were taken to an empty dacha in Arkhangelsk - there was a regular dacha settlement there, and we lived in this dacha. Hour after hour, a squad came to me, as if they brought me fresh shirts and fresh white. There was nowhere to go, obviously.

L.B.: If you read about that hour, everything seemed to happen at some dachas. When the team got together, they flickered and so on.

M.F.: And you know, at once, singsongly, it sounds like that.

L.B.: Public policy has changed. About those who are being seen, they simply don’t talk about it.

M.F.: We just don't know. I'll tell you, if we and Baturin were writing our own version of President Yeltsin's addendum to the third star of deputies, we were also not sitting in Moscow. We were taken - as I remember now - to the "Sanatorium named after the 60th anniversary of the GOELRO plan."

I remember that all our files were called: GOELRO-1, GOELRO-2, GOELRO-3 and so on. Me and Yura were naming texts on the recorder, then we would bring water, taking away the cassettes. They were given them deciphered at the White House in Moscow, then the texts were brought to us again, and they were edited. It needs to be said that Yura has taken a lot of part in writing such texts. Vіn was Shakhnazarov's assistant, and Shakhnazarov was Gorbachev's assistant, and Yura deedly took part in the preparation of various Gorbachev speeches. Sound from those who took part in the preparation of such texts, it was a matter of special pride, as it passed like a phrase to wind a paragraph. So axis. M and Yura were respected that Yeltsin was saying twenty-three hvilini in our text. For us, tse buv is just a record.

We lived in our own sanatorium without any proper decoration, so that, God forbid, we didn’t know anyone, demi pratsyuemo, so that neither could listen to us, nor listen to us. Adzhe at the same time everything was still bubbling - і KDB, і KPRS, all radyansk_ bulosche in full communion. We acted like a bi official, but at the same time a podpіlny herd, chi an official podpіlnym.

L.B.: And when did you expand your projects?

M.F.: Already don't know. To that already there were no quiet forces, as if they were following us for their functional bindings. Ale, singsongly, they were all following us. I won’t forget, like me, the radio, having gone to the office of Poltoranin and saying:

Mishko, I'm giving you. Created by the KDB of the Russian Federation, KDB RRFSR. Now we have our own Russian State Security Committee!

Vіn kazhe:

What is your difference, who is listening to you?

L.B.: And why did you get so excited? Did you care what would happen next?

M.F.: So. I thought we created our own security system in front of them.

L.B.:“God, how we were…

M.F.:… naivnym? In fact, we were not so naive. I spoke to them from the people, as if they stupefied the very Russian system of state security, as if it looked like a Radianska. Why were people with other understandings of life, why were our people looking at the mischief of the land.

L.B.: Mikhail Oleksandrovich, but still tell me about the process of the CPRS. What did you break down?

M.F.: First, we have broken up our legal position. In another way, according to the legal position, we chose evidence, selected documents. We realized that we need archives.

L.B.: I wanted to ask, what did you do with the archives?

M.F.: So, I worked on the archives, to the one who saw Yeltsin's decree. I think we can say about it right now. This is a secret decree and a secret commission was created to declassify the archives that were stored in the Central Committee of the CPRS.

L.B.: A secret commission for secrecy?

M.F.: So. To the point, I don’t mess with anything unnatural, it’s all right. People admitted to the most important secrets of the state cannot be allowed to know. How else?

L.B.: I understood, otherwise it’s just not safe.

M.F.: Yes, unsafe.

L.B.: Did the process of rozsekrechennya arhіvіv rozpochavsya razpochavsya, a sort of quick pishov, and then everything went back?

M.F.: So. Ale, mind you, it’s really important to push the toothpaste back at the tube. Costs and archives. If the document is classified, then you will not classify it back. Vіn has already become the bannim of publicity, and z tsim is no longer possible to do anything. Mitodia secreted the great number of documents. Majestic! I respect that the bula is absolutely correct on the right. Insha river, that it was ringing. This process was swelled and zupineno not in the last day of mercantile mirkuvan.

L.B.: For the mercantile? What does it mean?

M.F.: Because people began to think: well, how is it? I am holding such valuable documents in my hands. Axis I tse everything will be secret, and zgіdno іz by the law about archival reference, about the archivny fund, tsim can speed up be-someone and leather. What am I? And I won’t earn anything for what? Axis to the same, to the speech, even though it started a little earlier, documents began to disappear from the archives. They just sold. They stole and sold. The business is so frivolous, but they stole it.

L.B.: Better for everything, archivists?

M.F.: Maybe so. Abo accept those who have access to these documents.

L.B.: What you protect, those things.

M.F.: So. The stench told him that they would be slowly, in such small portions of the secret. Axes of us secretized a portion of documents - they earned it on the right, gave the next portion - they earned a new troch and so on.

L.B.: And so for three lives, more documents are a great number.

M.F.: For thirty lives. We stumbled upon such documents that they were not allowed to know, that such a form of secrecy was based. Tse those that were called "sealing the envelope."

L.B.: Burn, don't read?

M.F.: Approx. We knew that it was “secretly”, “quite mysteriously”, but, it appears, it was so clear, like “a special folder”. "Special folder" - the highest level of secrecy, and after it there is another greater level of secrecy - "sealing the envelope." On this "sealed envelope" - I have saved these envelopes - it is not written what is in the middle. There is a moment but the secret of the atomic bomb, for example. Alecia was not written on the envelope. It is written there: envelope number such and such, wrapping this way, head of the envelopment of the Central Committee of the Communist Party of the Soviet Union such and such, repackaging this and that, and re-wrapping ... So if you get to know him, and he was wrapped again.

L.B.: What was there in such wrapped envelopes?

M.F.: In one of these envelopes, a document appeared, which was called "Until the position in" A ".

L.B.: Have you asked the archivists for specific documents?

M.F.: Ni. We said: "Boys, sort out the documents." Because of the fate of the serpent of 1991, a great number of documents appeared in the hands of the archivists. The chains were no less ordered, stored behind tatkas, numbered documents, and bears, bears of documents.

L.B.: So much of what you need to conduct the process, could not you know?

M.F.: I'll tell you right now. If the process has begun, more precisely, at the day of preparation before the process, I have left at the right of the Agency for Intellectual Power. Before leaving, I went to the head of the staff of the order of Oleksiy Leonardovich Golovkov. Vіn buv for me is just Llosha, and I buv for the new Mishko. We were young, I, high status, we were normal people; Our stalls were absolutely human. I say to youmu:

Lyosha, I can see that after the sickle of the 91st fate in the Budіvel complex on Stariy Ploschі, a lot of uncritical safes were lost. It is necessary to use them.

Vіn request:

And how can you fix them?

I say

You know, when I wrote a note about one master, who worked at the great Metaloremont. Vіn vіє vіє vіdchinyati vіdchinyati vіn vіn vіn vіn zavzhdi dopomagav, if it was necessary to open the safe. Not to bandits, of course, but as if someone had put in a key, for example, chi, navpaki, as if the police needed to open such a safe. І vіn zavzhdi helping.

I say

I can give you your phone number.

Vіn vіdpovіdaє:

I give you my phone number, and ask me:

And what are you talking about in these closed safes?

I say

I'm kidding an egg.

Golovkiv:

Like an egg?

Those eggs, in yakoma golka. And on її kinchiku - the death of Kashchei under the name of the CPRS.

Vіn kazhe:

Zrozumilo, ale duzhe abstractly.

I confirm:

Vibach, but I can’t tell you anything more. Because I don’t know why we are joking, but we can marvel at all the documents. To that we understand, that there is an egg, and not one.

I went to the repair shop. For a few days I turn around and go to Lesha Golovkov. I say:

Lyosha, what's up?

And vin vіdpovіdaє:

They didn't know the egg. Have a better life there empty dances that in a flash.

L.B.: Do you put it in the safe?

M.F.: Don't know. About tse it is necessary to feed the spivrobitnikiv of the Central Committee of the CPRS.

And Golovkov continues:

It's true, they knew one shafu metalev there. Vіn standing at the corridor and waving to everyone, for everyone knocked about him. They opened yogo, and there a sprat of leaves lay. On the leaflets it is written: “The state archives of the Russian Federation, as if they were transferred to the archives of the fraternal communist parties.”

Razumієte, Socialist Party of Nіmechchini, Bulgarian Communist Party, Romanian, too, too. So, now we knew, de shukati all the archives of the communist parties of the fraternal socialist krains, but earlier it was impossible. Tse first. I friend. I know one more, tezh zalizny, a wardrobe with a filing cabinet. And in this card index there were cards, with which you can put the bulk, where the pennies were indicated. That is why, being the head of the Russian Agency for Intellectual Power, looming in the hands of the VAAP archive, I am aware of what is there. What is the name of the “firms of friends”, how pennies were transferred from the Central Committee of the Communist Party of the Soviet Union. "Firms of friends" - the same napіvpіdpіlnі structures, yakі worked on the communist parties of the other krai. І axis if we were swayed, we understood: the lads managed the state budget for their own purposes. Why did they take pennies from the budget? They took foreign exchange reserves from the sovereign budget and spent them on the support of the communist parties of other lands. In addition, there are a number of terrorist organizations on the trail. Understand, then there were more important documents.

And if the document is in an envelope, then it was like that. Every day of the process, on which day I will finish one of the many members of the Politburo of the Central Committee of the Communist Party of the Soviet Union. I don’t immediately remember who I myself, but you can marvel at the transcripts. I lead the drink, I put one supply, the other, the third ... At the break, one of our helpers comes to me and seems:

Mikhail Oleksandrovich, you were promptly asked to call Rudolf Germanovich Pikhoy at the Rosarkhiv. Tse is important. Look what you know.

Pіkhoya todi ocholyuvav Rosarkhіv. I marvel at the anniversary - until the midday break, there are still forty hvilin left. I will understand that it is important for me not to let a certificate. Because I’ll finish drinking at once, the court will say: “That’s it, that’s it. Vіlnі, - and tsey vodok pіde. And I may need this certificate for an hour to look at that document. I still don't know what my dear Rudolf Germanovich knows. I don’t know, but I understand that the certificate cannot be admitted. I am fixing yoga ganyati various documents, put you food, if you can, b i don’t put it. In short, seemingly, if the hour of offense comes, the head of the Constitutional Court Zorkin asks:

Mikhail Oleksandrovich, do you still have a lot of food?

I confirm:

So, the sprat has lost its power.

Zorkin ask:

Well skilki? Two chi three?

So, two chi three, maybe ten or fifteen.

Todi made everything clear. Dyakuyu. Break.

І goloshuєtsya on the day of the break. And the wine is short - it was too heavy. І axis I live with my not even a sports complex in Illinci, in the future of the Constitutional Court - fortunately, not far - to the Rosarkhiv. I come running, zakavshis, to Pikhoy's office, and blame me:

I give me an already certified copy of a handwritten document, with a seal, on the right, which is called “Before the position in “A”. It is also written here: “Decree of the Politburo of the Central Committee of the Communist Party of the Soviet Union” and signed by these members of the Politburo of the Central Committee of the Communist Party of the Soviet Union, as signed by this document.

L.B.: I’ll call it such a mystery.

M.F.: So, with a taєmnichoy I will call “To the camp “A”. Written by Kostyantin Ustinovich Chernenko.

L.B.: And what is the fate of the document?

M.F.: The text is as follows: “...having looked, the Politburo vvazhє for the need to escort the contingent to “A”. Well, I figured out how to go about introducing the military to Afghanistan.

L.B.: I understood, it’s clear.

M.F.: Ale tse now made sense to us. I less was absolutely obvious at that moment, more everything converged. The first axis of the day break ends. I am continuing to supplement this member of the Politburo of the Central Committee of the Communist Party of the Soviet Union, and at the next moment, like a conjurer from a top hat, I will get a copy of this document itself. The copy has been certified, everything was procedurally, how to suit. I give him this document and say:

Understand, be kind. I'm wondering what your signature is there.

Win to marvel at me and feed: - And what about?

I confirm: This document, which is found in the archives of the Central Committee of the CPSU. What is your signature?

Vin: Well, maybe, and mine.

Me: Could you tell me where to go with this document?

Vin: I don't know.

Me: Well, don't you know why you signed it? "About station "A". "What about?

Vin: I don't know.

Me: Possibly, the Arctic?

Vin can be.

Me: Did we introduce troops to the Arctic? Tell me.

Well, Zorkin's mind, what is the theater of the mikrophone now, and not a serious look. Vіn kazhe:

Everything made sense. It is clear to the court what to do. Did you understand the clue?

Svіdok: Zrozumіlo.

Zorkin: Let me tell you, how did you accept this decree “On the Regulations in Afghanistan»?

Also, the work with archival documents was more important. Oskіlki I used to be a member of the commission for the release of secrets, I have saved and those documents, as if they were not released. I dare say that the representatives of the special services - and the stench also entered the warehouse of the commissia, obviously - the stench immediately attacked the one who did not need to declassify these documents. I started, more importantly, the stench was for those who didn’t make anything secret.

From today's point of view, it was necessary to have more secrecy and less openness. Ale, krіm mene, there were other members of the commission, as if they attacked what was necessary to declassify. Among them is Rudolf Germanovich Pikhoya. We secreted few documents, behind a vine it was quiet, that specific people were hung up. We figured out that the document named the name of such a foreign fiend, and it was appointed, as a culprit spivpratsiuvav іz radyansk special services and CPRS, he may have inaccuracies, he may be more serious. To that mi tsi just flooded with secrets.

There were already a lot of documents of old fates, hours political repressions, documents with Stalin's signature, documents with Stalin's resolutions I will never forget that document. Tse buv list of the first secretary of the provincial committee of the All-Union Communist Party of Bolsheviks, dated 1937. There they say that a great work is being carried out in the province to reveal counter-revolutionary elements. For the 1st category, there were repressed some thousand marks, for the 2nd category - dozens of thousands of marks. 1st category - cerozstrіl, 2nd category - GULAG. I gave them a write, that they should ask the Central Committee of the All-Union Communist Party of Bolsheviks to increase their quota for the 1st category by 15 thousand, for the 2nd category - more for more, I don’t remember now. I gave Stalin's red olive: "I allow you to increase by 50 thousand."

Think about it, if cannibalism is not just put on the spot, it is put on a planned basis, so you can cope with motor damage. May I say that once, when I come home from work in the archives, I can’t eat, I can’t sleep. I wanted only one thing - more deep into my soul, so that I could get rid of all that zhah that I read. This is more important, but not for human witness. And those who Oleksandr Mikolayovich Yakovlev took up with the problem of rehabilitation, and thousands of such documents passed through him, this is a great feat from his side. Just a great feat. I spent less than a few months propratsiuvav at this commission, but I got it for all my life. I'll tell you that it's too hard for a robot. Duje!

L.B.: Mikhail Oleksandrovich, and after all, why didn’t this judicial process overcome its historical role? Everything played a residual role. How do you care who got it wrong? Adzhe point is not set.

M.F.: To that it is even more important to carry out the Nuremberg process according to the laws of the German Reich. Let me tell you, even though the Nuremberg trial was carried out according to these laws, they established a transition for the Nuremberg Tribunal. I tsі laws were based on international law. Tі law, for which the Constitutional Court looked on the right about the fence of the CPRS, ce buli laws, written by the CPRS. Qi zakon bulo was written in the kerіvnitstvom of the CPRS. And as it was written in the Constitution that the CPRC represents the core and direct power of the suspenst, to bring її non-constitutionality is even more important task. Moreover, most of the members of the Constitutional Court came from the CPRS not to those who ideologically did not suit her, but to those who needed to be robbed: either a member of the Constitutional Court, or a member of the party. The mandate of the constitutional court is absurd from the perebubannyam of any political party. Also, it's a very important process.

And I don't care what mi yogo played. I care what mi yoga played. We played not with a dry rahunk, insanely. I told the bi, scho mi yogo played with the rahunk 7:3, well, maybe 6:4. To that, for example, the food for the power of the CPRS was blamed on the self-righteousness of the state. It was found out that the CPRS could not claim to have the power and inviolability, as they had saved up to that moment. In that number, it expanded by financial benefits. And for one simple reason: all the wealth of the CPRS was formed not for the money of party contributions, but for the money of the state treasury. The stinkers simply took their best clothes, and then the best clothes gave a surplus. Vibatch me, as if I were in someone else, not mine, but maliciously acquire mine. To that, of course, yoga was required to be chosen. The first chain of food was blamed on the greed of the state, and not on the greed of the CPRS.

First of all, at the praise of the Constitutional Court, at the right of the CPRC, is an even more important phrase. One of the divisions of the decree is based on the words: “The Radyansk Union has a lot of ten years of dictatorship, foundations on violence, and deceptions of the Politburo of the Central Committee of the Communist Party of the Soviet Union.” You understand, it is said in black in white, that in the country dictatorial regime. I praised the Constitutional Court of Russia. If at once they seem: “Well, so, the Radiant regime, there were some deacons who were not enough, but there was a completely democratic regime,” - my dears, you superb praise the Constitutional Court. The Constitutional Court said otherwise.

So we ourselves have a law on the rehabilitation of victims of political repressions, on the rehabilitation of repressed peoples, too. There it was said to itself, and, approximately, in the same formulas. There are given clear characteristics of what a Radian regime is.

L.B.: And what didn't go away? You see, the rahunok is not dry.

M.F.: So, the rahunok is not dry, insanely. It did not go far to recognize the CPRS as a malicious organization. Shchoraz, if we were talking about those who had a trial similar to Nuremberg, they shouted at us, shushed us, and stamped their feet. Tse robili, zokrema, and judges of the Constitutional Court. І navit todі, if we pointed specific butts. For example, if we were told: look at the constitutional formula about the key role of the CPRS. Zvіdki grow legs tsієї formula? Stars won in our constitution? First, it appeared at the Constitution of 1936. Did the axle get out of the stars? I knew, I ate the stars.

Tse I know - I can say about tse s pride. Vaughn drank it from the "Law on the unity of the party and the state." Whose law, in my opinion, was issued on 1 March 1934. You can look more precisely. Whose law has such words... Come on, let's get down to the beat, I'll take a book right away and quote them exactly.

L.B.: Wow! Right at the beginning of our time, send Mikhail Oleksandrovich a leaflet that on the President’s website there is information about those who, for the sake of promoting the development of institutions of community welfare and the rights of people, were recognized by Mikhail Fedotov. Can you be welcomed from cim? Well, it’s more serious than a river.

M.F.: Tse duzhe serious speech. Vіtati z tsim, maybe not required. Tse is more powerfully rich, more serious, important. Let's practice.

L.B.: Ale, let's still complete the rozpochat rozmov. You need to know the exact text of the law.

M.F.: So. The constitutional formula about the CPRS, as a fundamental and direct force, was used up to the Constitution of 1936 from paragraph N3 to the law of the German Reich "On the security of the unity of the party that power" from the 1st of December 1934. There, the Nazi party is called "the key and proving force of the national socialist state." Є food? In my opinion, this is a direct quote. The document was signed by Adolf Hitler.

If I worked on the materials of the process at the right of the CPRS, I spent the whole hour remembering those who wrote the miraculous French legal scholar, that political scientist Maurice Duverger, at his book on political parties. There he wrote a chapter about the mono-parties, de vin having broken the CPRS with the Nazi party of Germany and the fascist party of Italy. Vіn znayshov richly spilnih rice, but znayshov pevnі vіdmіnnostі. The chapter ends with the following words: "The difference between German Nazism and Russian Bishovism is less than difference between German and Russian temperament."

L.B.: Ale tse yakyis not legal vysnovok.

M.F.: Indeed, the whole of the serious teachings, Maurice Duverger, and the work of the new one is even more serious. Vіn її sche y 50 roki having written. І axis I am cerosum. That is why, if I disrupted the subject of the Nurember trial, I always called out to the engine of dissatisfaction, protid.

L.B.: And what hasn’t gone to robiti yet? Without a doubt, the first thing didn’t go away for everything - if you want to process the role of a viskonate - change a huge thought, so that you can hit her hard. Tse buv 1992nd river, chi is not so?

M.F.: Tse buv 1992 rіk, so.

L.B.: Go through less than a couple of rocks, and the 1996th rock will become the most powerful, catastrophic.

M.F.: If the process was broken, there was one situation, and if the process was completed, then there was another. If the process ended, there were even strong protest moods in the country. Stronger! The communists were already on horseback anew, moreover, the stench was blocking with red-brown ones. The situation was more tense. At this moment, the ranks of the Front of the National Order appeared, and Yeltsin, having seen the decree, in which he defended this Front. This decree was also denounced to the Constitutional Court, and Boris Mikolayovich entrusted me as a representative at this process.

Tomorrow we will begin to look at the right side of the fence to the Front of the National Order.

And the members of the Constitutional Court, as far as I know, said:

Dobre. We support the solution of the CPRS, but think about what we have given to the right to the Front of the National Order. І axis here mi vzhe Yeltsin Damo spec!

And then we suddenly saw the black star, and the communists wanted to call Yeltsin. They wanted to denounce you impeachment. My task was to say that, after the trial of the CPRC, you should not spend anything and continue your work at the right of the Front of the National Order. First, and most importantly, drag out the process so that the decision of the Constitutional Court is not brought to an end. Shchobi komunisti could not win him over. I have gone away.

L.B.: Mikhaila Oleksandrovich, I will understand that you can hurry up with your new confessions. Ale still tell, be kind, about Paris and Okudzhava.

M.F.: No, next time. About tse - coming time.

L.B.: Well then, let's finish our rozmov. I take you. I understand that everything is changing sharply with you. Thank you very much. Let's talk about your work in the new settlement at the same time.