The theory of separation of powers: modern doctrine and practical implementation
Автор: Mikheev A.S.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 2 (77), 2024 года.
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The article is devoted to the study of the theory of separation of powers in its conceptual understanding and practical implementation, taking into account the construction of a legitimate democratic state in Russia. The basic, basic idea of a legal and democratic state is based on the fact that the entire system of state bodies assumes division into three independent and independent branches, which allows for the implementation of a truly legal and democratic government. The gradually formed idea of the need to create a system of checks and balances influences the change in the theory of separation of powers, but does not imply a rejection of it. As a result, the postulate of the separation of powers in Russia, as in a legal and democratic state, is enshrined in the basic law of the state and determines the further development of the system of public administration. The recognition that State power is divided into three branches, enshrined in the norms of the basic law of the country, is not always fully implemented in practice. The system and structure of state authorities, which is emphasized in this study, as well as the functions of government bodies have not yet been improved so much that it can be categorically stated that there is no intersection of functions and mutual influence. In modern conditions, a system of checks and balances has not been definitively formed, focused on the formation of balanced public administration, that is, there is a need for further research and search for an optimal balance between the three branches of government. The author concludes that the modern system of government, as it does not fully meet the theory of separation of powers in its modern understanding, needs to be improved.
Branches of power, state, state mechanism, society, principle of separation of powers, governance, functions of the state
Короткий адрес: https://sciup.org/14130626
IDR: 14130626 | DOI: 10.47629/2074-9201_2024_2_51_55