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Конституционное (государственное) право Российской Федерации. Разделение властей и единство системы органов государственной власти: реализация в РФ (самое важное)

Lecture notes, cheat sheets

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60. SEPARATION OF POWERS AND UNITY OF THE SYSTEM OF STATE AUTHORITIES: IMPLEMENTATION IN THE RUSSIAN FEDERATION

“State power in the Russian Federation is exercised...” (Article 10 of the Constitution of the Russian Federation) (one power, not three powers) on the basis of its division into legislative, executive and judicial.

Principles systems of government bodies of the Russian Federation:

1) separation of powers;

2) unity of government bodies.

In the Russian Federation there are branch:

1) legislative (Federal Assembly of the Russian Federation);

2) executive (Government of the Russian Federation);

3) judicial (Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, federal courts of general jurisdiction, etc.).

The President of the Russian Federation is the head of state and does not belong to any of the branches of power, but his powers are closest to the executive.

The head of state in the Russian Federation is, as it were, a counterbalance between the legislative and executive branches. It restrains the Federal Assembly of the Russian Federation through the use of conciliatory and coercive measures if it expressed no confidence in the Government of the Russian Federation, in turn, the Federal Assembly has the right to remove the President of the Russian Federation from his post if the policy dictated by him to the Government of the Russian Federation does not meet the interests of Russia and is criminal.

The separation of powers means the differentiation of authorities in their competence, but exists in the conditions of a single system of authorities and in the presence of interaction between these bodies, mutual control, "checks and balances".

Therefore, one can single out separation of powers:

1) autonomy and independence of the branches of government in the exercise of their powers established by the Constitution of the Russian Federation;

2) the presence of interaction and mutual control of the legislative, executive and judicial authorities.

Government interaction:

1) the legislative branch issues laws on the basis of which the executive and judicial authorities act, exercises budgetary control, appoints or approves officials of the executive and judicial authorities;

2) the executive (represented by the President of the Russian Federation) approves and publishes adopted laws, submits draft laws to parliament, appoints judges, exercises the right of pardon, etc., thereby influencing the legislative and judicial authorities;

3) the judiciary applies laws and interprets the Constitution of the Russian Federation, can recognize laws, government acts or their individual regulations as invalid due to their inconsistency with the Constitution or laws, thus exercising control over decisions made by government bodies.

Each of the branches of power is independent and independent within its competence, but cannot interfere in the activities of another government, that is, it has no right to violate the independence and independence of other authorities.

The unity of state power is expressed in the unity of the nature of power: all branches receive their powers only from the people of Russia, since only they are the only bearer of state power in the Russian Federation.

The unity of public authorities also implies that their competence, formation procedure, forms of mutual control and interaction are established by the Constitution of the Russian Federation, federal constitutional and federal laws. Competence, formation procedure, etc., are established for all levels of government: federal and subjects of the Russian Federation.

Author: Kakovkina Ye.N.

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