Long after relinquishing its governing role, the Soviet Communist Party made decisions in the country's defense industry and approved the sale of gold and diamond reserves, former Prime Minister Nikolai Ryzhkov acknowledged Thursday in Russia's Constitutional Court.


Ryzhkov, who was a member of the party's top body, the Politburo, during the Gorbachev era, conceded that while the party and government were formally separate organizations, overlap had occurred even after the party gave up its constitutional right to rule in March 1990.


He notably suggested that the dual role of Mikhail Gorbachev as party leader and president had assured the party's involvement in key government decisions.


Ryzhkov was responding to party documents presented to Russia's highest court in a case that will determine the fate of the Communist Party. The court is currently hearing testimony from top party leaders it summoned to clear up questions previous witnesses have left unanswered.


Mikhail Fedotov, a lawyer defender of President Boris Yeltsin, presented a document Thursday showing that Oleg Baklanov, who was in charge of the military industry on the party Central Committee, had signed a defense report on Aug. 6, 1991.


A second document indicated that Gorbachev as Politburo leader had approved a government sale of gold and diamonds in May 1990.


"Maybe the president mixed up his functions", said Ryzhkov, who also occupied key government and party positions concurrently. "The party needed time to readjust its role".


Ryzhkov's testimony highlighted Gorbachev's importance to the case. The former Kremlin chief was summoned to appear but refused to testify in an open letter published this week.


The court reiterated Thursday its intention to carry through on its summans to Gorbachev, calling his refusal an insult". Valentin Falin, the former head of the party's International Department, has also refused a summons to testify, angering the court.


Ryzhkov, who is one of 11 former party leaders to have agreed to testify, blasted Gorbachev on Thursday for his refusal to appear.


"If he doesn't come it will just be worse for him", Ryzhkov told The Moscow Times. "I think then even his friends abroad will understand who they're dealing with".


Testifying Wednesday, Arkady Volsky, who headed the Central Committee's Industry Department, urged Yeltsin to withdraw his decrees banning the party. On Friday, Yegor Ligachev, the party's former ideology chief, will take the stand.