The most nebulous page stories Russian Federation can not be estimated quite accurately. Now there are two fundamentally reverse representation of the essence of dissolution of the Supreme Council. Some believe that the President acts can be regarded as municipal coup and sin, while others consider him "the savior of Russian democracy" and the inspiration behind the economic and social reforms. One of the methods to clarify the historical situation is the study of documents and legal assessment of the events.
September 21, 1993, Yeltsin issued a decree number 1400, "On the phase of constitutional reform in the Russian Federation", instructing the Supreme Soviet and the Congress of People's Deputies of the Russian Federation (according to the Constitution — the highest organ of state power of the Russian Federation) to finish his work. The President invited the deputies to return to work in the institutions where they worked until the election of their own and take part in the elections to the new legislature — the Federal Assembly. Constitutional Court of the Russian Federation, collected at a critical meeting decided that the decree in 12 locations violates the Constitution. And, according to the Constitution, it is the basis for the removal of President Boris Yeltsin from office. The Constitution defined the true competence of the municipal government, including the Supreme Council and the President. The Congress of People's Deputies in accordance with Chapter 13 of the acknowledged supreme body of state power and endowed with the right of cancellation acts as the Supreme Council (legislature) and the President (head of state and of the Council of Ministers). Legislative power personified Supreme Council. The frequency of the meetings was determined by 2 times a year, also admitted extraordinary convocation of the initiative of the Bureau or of the President. The possibility of the Supreme Soviet were not wide enough.
Chapter 13/1 included a provision for the President of the Republic. His expertise was much narrower than the currently valid version. Thus, head countries have legislative initiative and recognized by the Supreme Commander, given the right of veto, but with all this has been a year to report on the results of its own parliament. In addition, members have the right to claim the President extraordinary report, subject to certain requirements. But the main impact of inventory on the head of the country had the right of impeachment, which could push the people's representatives in the Congress on the basis of the opinion of the Constitutional Court. President the same right to dissolve the Supreme Council did not possess. It should be noted that from the standpoint of Russian law before the coup, and the adoption of modern constitutional parliamentary republic should be called, because the dominance of the mandatory features in the legislature course of the analysis and comparison of chapters 13 and 13/1. Article 121/6 openly forbade the president to use the opportunity to the configuration of the municipal building. When I took office, Boris Yeltsin takes the oath of compliance and protection provisions of the Constitution, as it should, its provisions had to be respected.
Directly between the sun Chairman Ruslan Khasbulatov and President Boris Yeltsin appeared vneglasny conflict. Of course, talk about the confrontation only 2-officers in the present case is not necessary, because it was a true dual power generated by the ill-conceived inclusion in municipal management positions sole head of the country, while maintaining the general competence of the Parliament. As a result, the struggle between the Supreme Council and the Government led by the President broke the constitutional crisis of 1992-1993, the work of municipal bodies has become ineffective. Back in March 1993, MPs, most of which was a left-wing — the Communists, Agrarians, Baburin "Russia" and a fraction of "Fatherland", tried to remove the president from power in impeachment, but to do so failed.
Despite the fact that the acts were enemies Elitsina with all the standards and requirements of the law, Boris did not recognize them lusted. A striking illustration of this can serve as a memoir Korzhakov. Supporter of Yeltsin is aware of how to develop an implementation plan chloropicrin (chemical irritants act) against the deputies in the case of the President of the unwanted result of a vote. From a legal point of view, this fact alone may be classified as a sin. After the failure of the impeachment trial, the Congress declared on April 25 referendum questions 4 — referendum gave the most appropriate for the President of the results.
Yeltsin's voice to say that the people's confidence has been almost absolute. Well, just imagine the number rebuttal. Thus, the results have been followed:
— trust the President — 58, 7% of voters (figure tremendous, but not too far absolute);
— disapprove of the President — 53% of voters;
— preterm presidential elections deemed necessary — 41.2%;
— for premature elections to the sun voted 49.5%.
So Makar, despite the highest percentage of people who trust the current president and his policies, compelling fraction expressed and for his re-election. On the development of the municipal crisis management showed virtually equal performance for re-election as deputies, and the President. Yet, historically, the population of our country gravitated to the sole favorite, and not to the abstract to the majority in the parliament or other collegial body. The results of the referendum not just have allowed Yeltsin to avoid bias, and all the intended follow-up. President realized that the support of the people he has and with greater aggressiveness began to seek expansion opportunities.
The president has openly declared public unwillingness to MPs to support the socio-economic policies. This claim is based on the beliefs of law looks absurd, because the internal and foreign policy in accordance with the provisions of the Constitution in effect determined by the Congress of People's Deputies. In its own appeal Yeltsin drew people's attention to their own efforts to support the rule of law, but at the same time, reading out a recognizable now decree in 1400, breaks all the legal bases of the young country.
So, pay attention to the text of the decree. Apart from the semi-official accusations of Parliament in delaying the decision-making unwillingness to participate in the economic transformation of the country, there was also an indication
in the text of the fact that the Constitution does not contain provisions on the entry of the configurations. The analysis of the document confirms this statement, the supreme law of the country was underdeveloped, and it turned out the event in the most critical moment. Boris considered probable and the way is very comfortable in his situation, to take over the function of the legal basis of the reformer, which caused resentment of his opponents. As a result — an attempt to convene the Congress, as the meeting of the Constitutional Court.
The main purpose of the decree is to make changes and additions to the text of the Constitution. The decree provides some constitutional articles to justify the act of the President, but any of these rules refer only to the creation of the appearance of legitimacy decision. Yeltsin attempted coup municipality and, as time has shown, it worked. We do not undertake to evaluate the actions of Boris Yeltsin, but from the standpoint of the existing law at the time, he made a sin against the foundations of statehood. Nullity of the decree was confirmed by the Constitutional Tribunal, but in September 1993 on the rule of law in the country of speech is not the question. The conflict has gone beyond the boundaries of the legal field, and as the arguments performed only strength and support of the crowd.
Delineate the street battles, the siege of the structure of the Supreme Council, the storming of the television center hardly appropriate in the framework of a small publication. We restrict ourselves to a short feature of the results of the September and October riots interchanges.
September 21, Yeltsin speaks with an appeal to the citizens and the public claims about his own decision to deprive The Supreme Council opportunities. MPs were asked to disperse, but gathered at the Congress of People's Deputies of the decision of the Constitutional Court ended the possibility of the President and handed over temporary presidential possibilities vice president AV Rutskoi. Taking into account that the decision to impeach taken in compliance with the law, from the evening of 21 September all orders Yeltsin could not be considered legitimate. They are based only on the location of people to him, and the power of privileges.
Sept. 22 confrontation lasts. In the building of the Supreme Council has a number of 21 discontinued the supply of electricity, heat and water, cut off the gutter. All day the situation is heating up. September 23, Yeltsin issued a decree promising real benefits. a large one-time compensation of Deputies, the seizure of the property of the Supreme Council and the purpose of preterm presidential election, which was then canceled. None of the name which the decrees of the call can not be legal, as it is legally possible for Boris Nikolayevich was gone. Still, the confrontation built up, neither side wants to give up their positions, it takes personal ambitions.
Next on the streets arise initially peaceful demonstrators, and then the supporters of both sides are armed. The first victim in the middle of the civilian population, the barricades in the streets, riots, columns with armored personnel carriers and other attributes of an armed conflict are in the capital right up to October 4-5.
As a result, the Supreme Council was taken by storm and ended its existence as municipal body. Power in the country ran across to the strong favorite to Boris Yeltsin. So Makar, the actions of September — October 1993 can be called a power grab or municipal coup. Talk about the need for action Yeltsin in this article will not be created because the matter should dedicate a separate publication. In conclusion, we give only one fact that is hard to dispute. Population in subsequent elections once again gave their votes to Boris Yeltsin, and a couple of years in the country came stability.