With the Dec. 1 session of the Congress of People's Deputies fast approaching, one option for President Boris Yeltsin would be to avoid any unpleasant surprise from Russia's highest legislative body might have for him by dissolving it.


Many of Yeltsin's allies in the Supreme Soviet, Russia's smaller working parliament, would like to see him do just that. But they are finding that this is not so easily done.


The 1, 042-member Congress is, in fact, the highest state body in the land. It has the final say on the constitution, the make up of the cabinet, and setting the general course of government policy.


The Congress gave Yeltsin these powers on a temporary basis last year, but they run out on Dec. 1 and the legislators aren't likely to renew them.


The problem is that under the Russian Constitution, neither the President nor the Supreme Soviet have the authority to dissolve the Congress.


The president's authority with regard to the Congress is spelled out clearly in Article 121 of the Russian Constitution: "The powers of the President. . . cannot be used. . . to dissolve or stop the activity of any legally elected organs of state power".


The Supreme Soviet cannot dissolve the Congress either, for the simple reason that the Congress is the higher body.


There are, however, three ways that the Congress can legally cease to exist.


The first way is for the Congress to vote itself out of existence, much like the old Soviet Congress of People's


Deputies did last fall in the aftermath of the August coup attempt. To do this, a two-thirds majority of deputies would have to vote for the dissolution of the Congress.


But Yeltsin's opponents, who realize that they have real influence over the president in the Congress, are not likely to let this happen. Between hardliners who want Yeltsin to resign, and "moderates" who would like to see a weaker presidency, up to two-thirds of the Congress oppose such a vote.


The second way is for the Congress to adopt a new Constitution which does not allow for a Congress of People's Deputies, making the Supreme Soviet the single parliament and the highest lawmaking body in the country.


The problem with this formula is that the opposition has pushed through an agenda for the upcoming Congress which puts off the question of a new constitution indefinately. The third way would be to hold a popular referendum, in which the president asked the people to remove the article in the Russian constitution that concerns the Congress.


There was a time when Yeltsin would easily have won such a referendum and used the threat of one to good effect in beating down the Congress at its last session.


But commenting on this possibility on Wednesday, Rossiiskaya Gazeta wrote that most Russians would probably not vote to dissolve the Congress.


"Many people see the Congress as the only real popular power", it said, "and the only balance against not only the president, but also the Supreme Soviet".