ABOUT SOME SPECIAL ASPECTS OF THE PRINCIPLE OF SEPARATION OF POWERS IN RUSSIA

  • Aleksey Nikolayevich Stankin
Keywords: democracy; power; rule-of-law state; separation of powers; legislative power; executive power; judicial power

Abstract

The paper analyzes the principle of separation of powers as an integral feature of a modern democratic rule-of-law state regardless of the form of government. It is highlighted that this principle has its features in each state depending on its historical, religious, ethnic, and other peculiarities. The author draws attention to the fact that the principle of separation of powers, in its traditional understanding, supposing the separation of state power in the legislative, executive and judicial powers underwent modifications to a large extent. Non-traditional state authorities appeared that fit in neither of the branches of traditional state power triad, for example, the RF Central Elections Commission, Bank of Russia, Ombudsman in the RF, Presidential Executive Office, Prosecution Office, Russian Investigative Committee, etc. In the constitutional-legal science, the approach emerged, according to which the principle of separation of powers is completely applicable at the level of local self-government.

The author highlights that the principle of separation of powers does not mean their isolation but, on the contrary, supposes their active interaction. The author emphasizes the inadmissibility of interference of powers in the jurisdiction of each other. The paper draws attention to the definite contradiction of the Articles 10 and 11 of the RF Constitution. The author defends the opinion of the researchers standing for the necessity to eliminate such discrepancies. The role of the President of the Russian Federation in the system of separation of powers is considered. In particular, the author says that the President of Russia has rather large powers in relation to all traditional branches of power: legislative, executive, and judicial. Furthermore, the head of the state has the most impact on the executive power. The author analyzes the opinion of some researchers and politicians about the consideration of the Russian Federations as a presidential republic.

Published
2019-06-11
Section
Статьи