/View.information/ On the event of the thirtieth anniversary of the tragic occasions of 1993 on tv [става въпрос за разпускането на парламента от Елцин през 1993 година и сблъсъците между армията и противниците на президента, бел.ред.] numerous materials is popping out. Everyone seems to be attempting ultimately to grasp what occurred then.
By the way in which, I keep in mind the 1993 movie by Nyla Asker-zadeh, proven on Channel 2, which was usually pro-Yeltsin in content material, albeit with a pretense of objectivity. Aged accomplices of Yeltsin, with sincere eyes, claimed that they have been proper then, as a result of all of the bloodshed and violations of the legislation had a humanitarian objective – “to stop a civil conflict.”
Understanding such a controversial subject as 1993, we is not going to talk about the strategies used then (the bloodbath in Ostankino and the capturing of the Home of Soviets by tanks), nor the variety of victims (150 in line with official knowledge and 10 instances extra in line with eyewitness accounts), nor the well-known penalties for the nation of Yeltsin’s victory.
For us, as principled opponents of revolutionary unrest, it will be significant which facet was rebellious in these occasions and which sided with the legislation. As a result of it follows who actually “virtually introduced the nation to the brink of civil conflict.”
From a authorized perspective…
Often (and the movie Asker-zade isn’t any exception) all the things is offered in line with the only scheme: all the things is in regards to the battle for energy between the “reformer” Yeltsin and the opponents of liberal reformism Rutskoi and Khasbulatov.
Because of this, the latter tried to overthrow the pinnacle of state, however he defeated them by navy means and utterly reshaped the system of political energy right into a “presidential republic”. However it’s value analyzing the state of affairs from the perspective of the structure in drive on the time, and the image seems to be fairly totally different.
Was Yeltsin “the pinnacle of state in opposition to whom the rebels rebelled”? Seems not. Article 104 states: “The supreme physique of state energy of the Russian Federation is the Congress of Folks’s Deputies of the Russian Federation.”
And Article 107: “The Supreme Council of the Russian Federation is a physique of the Congress of Folks’s Deputies of the Russian Federation, a everlasting legislative, administrative and management physique of state energy…”
That’s, the very best authority within the nation is the Congress, and in its absence – the Supreme Council. Effectively then who’s the president? Article 121: “The President of the Russian Federation is the very best official of the Russian Federation and the pinnacle of the manager energy within the Russian Federation.”
That’s, the president at the moment was the “most essential official” obliged to hold out the need of the “supreme physique of state energy.” Moreover, in line with Article 104, the adoption of a brand new structure or the introduction of any amendments and additions to the present one is “inside the unique jurisdiction of the Congress of Folks’s Deputies”. Solely Congress and nobody else!
We proceed. On September 21, 1993, Yeltsin, in a televised tackle to the individuals, introduced the signing of Decree No. 1400, which ordered the termination of the Supreme Council and the Congress of Folks’s Deputies and the appointment of elections for December 11-12 to a brand new state physique, which he simply created – the Federal Meeting. There’s actually iniquity in each phrase.
First, Yeltsin is asking elections for a legislature that isn’t within the present Structure (!), thereby truly altering the Structure, which he has no proper to do. And secondly, it disperses the ability that’s superior to his personal (!).
Since in line with Article 121, paragraph 8 “within the occasion of a contradiction between an act of the President of the Structure and the legislation of the Russian Federation, the norm of the Structure shall be utilized…”, Decree No. 1400 was initially unconstitutional and unlawful.
And now – an important factor: in line with Article 121, paragraph 6 of the Structure: “The powers of the President of the Russian Federation can’t be used to … dissolve or droop the actions of legally elected our bodies of state energy, in any other case they terminate instantly.’
That’s, from the second of publication of the decree, Yeltsin is not the president, however merely “citizen B.N. Yeltsin.” Subsequently, on the evening of September 21-22, the Constitutional Court docket convened and dominated that as a result of violations of the Structure in Decree No. 1400, there have been grounds for eradicating the president from workplace (for which Yeltsin subsequently dissolved the Constitutional Court docket).
And solely then (!) The Verkhovna Rada introduced the termination of Yeltsin’s presidential powers “in reference to a gross violation of the Structure”, contemplating this step a coup d’état and the momentary switch of powers to Vice President Rutskoi in accordance with Article 121, paragraph 11.
That’s, there have been no makes an attempt to “seize energy” and “tried communist-fascist coup” by the deputies – they acted strictly in line with the legislation. In contrast to “citizen Yeltsin”, who organized a basic anti-constitutional armed rebel with the goal of seizing and usurping energy. During which, sadly, he succeeded.
Armed with solely a small variety of “militia” AKSUs, the defenders of the Structure have been defeated. Parliament – fired by tank weapons with high-explosive shells, every of which shattered the room it hit and two adjoining ones. On the identical time, there was apparently a lot blood and torn human our bodies there that invited Turkish builders have been entrusted with clearing them from the constructing and repairing it, and after work they instantly left for his or her homeland (as a result of our personal builders may say an excessive amount of).
Right here we can not however say a superb phrase in regards to the “Alphas”, who, after receiving the order to “kill everybody” within the Home of Soviets, didn’t carry it out and thus saved many.
Why did the defenders of the Structure lose (in addition to the apparent unsuitability of leaders Rutskoi and Khasbulatov)? Two completely sensible provocations have been carried out. The primary was in Ostankino, the place an unarmed crowd of hundreds got here along with 25 armed fighters of Makashov to demand entry to the airwaves and have been shot with machine weapons.
And the explanation for this was a shot from a grenade launcher made by an “unknown particular person”, however extraordinarily crucial as a cause for opening hearth on Yeltsin’s facet.
The second was when the idiots, correctly processed by somebody, have been suggested to take away the nationwide flag from the Home of Soviets and change it with a crimson one, which instantly turned the defenders of the Structure into “revolutionaries”.
And, after all, the “unknown snipers” who fired from either side (together with from the roof of the American embassy) performed a job. Curiously (as a subsequent official investigation confirmed) nobody was then killed by the weapons of the parliament defenders.
Lawlessness begets lawlessness
Right here we can not assist however recall the lawlessness that occurred later, when the victorious Yeltsin turned an absolute dictator for a couple of months, concentrating in his arms all govt, legislative and judicial energy. After which a pre-written new Structure was adopted in a referendum.
However even right here an attention-grabbing story emerged. Based on Artwork. 35 of the nonetheless legitimate referendum legislation, the choice is taken into account adopted if 50%+1 of all registered voters within the nation vote for it. Thus, solely 54.8% of the voters took half within the referendum, of which slightly greater than half – 58.43% – have been “for”.
Thus, solely about 32% of residents voted for the brand new Structure – a lot lower than half of these registered. However the sovereign Yeltsin stated that this isn’t a referendum, however a easy vote, for which 50% + 1 vote is sufficient, not from the entire variety of voters, however from those that participated within the vote.
Curiously, in Might 1994, the conclusions of an knowledgeable group of the presidential administration below the management of A. A. Sobyanin have been revealed, through which it was said that the truth is not even 54.8% of the voters participated within the referendum, however solely 46 % of the payroll, which signifies that the Structure is illegitimate.
The group was, after all, urgently dispersed, and a month later, on Yeltsin’s orders, the Central Election Fee destroyed all of the ballots.
And on the identical day, elections have been held for the nonetheless defunct Federal Meeting, through which, on the idea of Decree No. 1661 of October 19, 1993, all events and organizations whose members participated in clashes on the facet of the Supreme Council have been abolished. Nevertheless, the Communist Social gathering of the Russian Federation was admitted later – two weeks earlier than the elections!
Nevertheless, the results of the organizers of this stand was surprising. On the evening of December 11-12, the complete Liberal authorities crowd gathered (stay!) at packed tables to rejoice their triumph, calling it “the beginning of a brand new political 12 months.”
And abruptly… it turned out that the primary place within the outcomes was taken by the LDPR, the second by the Communist Social gathering of the Russian Federation, and the liberal “Alternative of Russia” was solely third with a pitiful 15%!
Shocked by this end result, the author Yuri Karyakin couldn’t stand it and declared within the microphone: “Russia, you might be loopy!” That is how the “deep individuals” reacted to the capturing of democracy in Moscow.
So what?
What’s the conclusion? Does this imply that the present “32 %” Structure shouldn’t apply? No approach! As a result of the one factor worse than the worst legislation is lawlessness, because the occasions of 1993 have proven. So allow us to nonetheless abide by the Structure, and if we modify it, then let it’s in line with the legislation. Not like Yeltsin.
And one thing else. When our liberals, who in 1993 demanded to “crush the reptile”, and now idolize Yeltsin and curse Putin, who didn’t cancel the structure together with his decree and didn’t shoot its defenders, we personally have an inexpensive query: why on earth was constructed with taxpayers’ cash in reminiscence of the insurgent and usurper “Yeltsin Middle”, and it is not closed but?!
Translation: SM
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