Constitutional law of the Russian Federation. Constitutional principles of a social and legal state, separation of powers (the most important)

Lecture notes, cheat sheets
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Constitutional law of the Russian Federation. Constitutional principles of a social and legal state, separation of powers (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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13. CONSTITUTIONAL PRINCIPLES OF A SOCIAL AND LEGAL STATE, SEPARATION OF POWERS

The Constitution of the Russian Federation (Article 7) determines that the Russian Federation is a social state, i.e. the policy of the state is aimed at creating conditions that ensure a decent life, namely, the state protects the work and health of people, establishes and guarantees the minimum wage, provides state support families, motherhood, fatherhood and childhood, disabled and elderly citizens, develops a system of social services, establishes state pensions and benefits, and other guarantees of social protection of citizens.

The Constitution of the Russian Federation (Article 1) determines that the Russian Federation is a legal state. The concept of the rule of law is multidimensional and includes, in particular, the priority of human and civil rights and freedoms, the separation of powers, the supremacy of the Constitution of the Russian Federation and federal legislation, the inclusion of generally recognized principles and norms of international law and international treaties of the Russian Federation in the Russian legal system.

The principle of separation of powers enshrined in Art. 10 of the Constitution of the Russian Federation: state power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. Separately, it is noted that the legislative, executive and judicial authorities are independent.

The President of the Russian Federation is not included in any of the three indicated branches of state power, being the head of state, forming (together with the Administration of the President of the Russian Federation, the Security Council of the Russian Federation and other similar structures) a special "presidential power".

1. Laws have the highest legal force and are adopted only by legislative (representative) bodies (the Federal Assembly of the Russian Federation and legislative (representative) bodies of state power of the constituent entities of the Russian Federation).

2. The implementation of laws is carried out by executive authorities, accountable to the head of state and, in some respects, to parliament.

3. Between the legislative and executive bodies, a balance of powers is ensured, which excludes the transfer of the center for making state-power decisions, and even more so the entirety of state power, to one of the indicated branches of state power in the Russian Federation.

4. Judicial bodies are independent, act independently, within the limits of their competence.

5. None of the three branches of state power should interfere with the prerogatives of another branch, much less merge with it.

6. Disputes about competence are resolved within the framework of the relevant legal procedure by the Constitutional Court of the Russian Federation.

The specific content of the principle of separation of powers in Russian conditions includes the following.

It should be noted that the division of state power and, accordingly, state authorities in Russia is carried out not only horizontally, but also vertically - into federal state authorities and state authorities of the constituent entities of the Russian Federation.

At the level of local self-government, the principle of separation of powers is not implemented.

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