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Russian Judge Cautiously Backs Yeltsin Constitution : Politics: Head of court says compromise is key. Endorsement distances him from president’s chief rival.

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TIMES STAFF WRITER

In a sign that Russia’s dangerous political winds may now be blowing at President Boris N. Yeltsin’s back, the chairman of Russia’s Constitutional Court on Monday cautiously endorsed the proposed new constitution for a post-Communist Russia.

“I am in favor of a strong executive power,” said Valery D. Zorkin, subtly distancing himself from Yeltsin’s archrival, Parliament Chairman Ruslan I. Khasbulatov.

Zorkin, a respected but controversial figure who has several times tried to mediate the bitter power struggle between Yeltsin and Khasbulatov, had recently been seen as tilting toward Khasbulatov. On Monday, in a meeting with reporters, he fiercely declared himself “in nobody’s pocket.”

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But Russia’s foremost jurist warned that even a perfect constitution will not save Russia from strife unless the law is implemented in a “civilized” fashion, relying on political compromise instead of force.

“Otherwise, any sort of constitution may be turned into a heap of wastepaper, as has happened more than once in our history,” he said.

“I deeply disagree with those who say that once the constitution is adopted, the shop shelves will be full of cheap goods . . . Russia will arise from degradation, and we shall all be happy,” he added.

Zorkin has won international praise for his ardent advocacy of a new Russia to be ruled by law for the first time in its long and unhappy history. But he also has been widely criticized for politicizing the bench. He sometimes acts less as Russia’s chief justice than as its “chief scold.”

On Monday, Zorkin issued a dire warning to Russia’s fiercely feuding factions: Negotiate and compromise or invite a Yugoslav-style civil war, “only even worse.”

“Either we pretend that nothing is happening, and we will share the fate of the Titanic, or we face the music and together try to find a way out,” Zorkin said. “Nobody can impose his will unilaterally.”

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He noted with satisfaction that many of the Constitutional Court’s suggestions have been incorporated in the latest draft constitution. He praised the human rights provisions but said that sections on the balance of powers and the rights of Russia’s regions and republics need improvement.

Zorkin insisted that the constitution can--and must--be adopted only by strictly legal means. He chided Yeltsin for not doing more to strike a deal with his balky Parliament.

But the top judge also backed away from Khasbulatov. The latter stormed out of the June 5 session of the constitutional conference after pro-Yeltsin forces made so much noise that they prevented him from speaking, and he has boycotted the proceeding since.

Zorkin also left the hall, a move interpreted as signaling support for Khasbulatov. But Monday, Zorkin said his exit had been misinterpreted and that he left only to consult with his fellow judges.

“Zorkin is being insincere when he says that he didn’t walk out of the constitutional conference with Khasbulatov,” said the Rev. Gleb P. Yakunin, leader of the Democratic Russia movement, adding that the two men had made a joint appearance a week ago.

Yakunin said Zorkin has seen that Khasbulatov is weakening and has shifted his stance accordingly.

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Zorkin was asked Monday about accusations that he changes his views more often than a chameleon changes skin coloring.

“I think that there is something to be said for a chameleon, because he can survive in the environment in which he lives,” Zorkin retorted.

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