Interaction of the head of state with the parliament in the CIS countries (ending)
Автор: Nechkin A. V.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы теории государства и права, конституционного права
Статья в выпуске: 3 т.21, 2021 года.
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Using the comparative legal research method, the article examines the peculiarities of interaction between heads of state (presidents) and parliaments in the CIS countries in the framework of the following areas: formation and dissolution of parliament; legislative process; implementation by the parliament of its control powers in relation to the head of state; implementation of joint personnel powers of the head of state and parliament; implementation by the parliament of other specific powers. Based on the results of the study, the author comes to a general conclusion that in a number of CIS countries (the Republic of Belarus, Kazakhstan, the Russian Federation, Azerbaijan and Uzbekistan) there is a rather strong and deliberately configured imbalance in the relationship between the head of state and parliament, which, in turn, is not allows building an effective system of checks and balances, turning it, rather, into a "system of overbalances", which means, as a consequence, not allowing to fully implement in practice all the possible advantages of the principle of separation of powers, which has received normative consolidation absolutely in the constitutions of all CIS countries, after gaining independence by them. The author proposes and substantiates measures to further improve the implementation of the principle of separation of powers in the Russian Federation and other CIS countries, in order to harmonize the interaction between the head of state and the legislative branch in the person of parliament, in the interests of personal development, civil society, as well as a democratic and legal state.
Cis countries, commonwealth of independent states, head of the state, president, parliament, principle of separation of powers, system of checks and balances
Короткий адрес: https://sciup.org/147235301
IDR: 147235301 | DOI: 10.14529/law210310