Keyword: «separation of powers»

The article is devoted to the problems of understanding the essence of the principle of separation of powers. Particular attention is paid to the problems of implementing the principle of separation of powers and its manifestation through a system of checks and balances. The necessity of implementing the principle of separation of powers at the federal and municipal levels was identified and justified. On the basis of the research carried out by the author, it is proposed to emphasize the need to implement the principle of separation of powers as a condition for the formation of a state based on the rule of law.

The United States of America became the birthplace of the classical presidential Republic. The war for independence clearly showed the rebellious colonists that the country desperately needed its own strong head of state, who should be the head of the executive power, and the fear of a possible “tyranny of assembly” led to the rejection of traditional British parliamentarism. The need to create an effective system of checks and balances realized by them led not only to the emergence of an independent judiciary, but also to the real possibilities of each federal branch of power to exercise not only their own powers, but also, depending on the situation, to neutralize the attempts of other branches of power to go beyond the constitutional authority and usurp state power.

The 1993 Constitution of the Russian Federation became the object of criticism even at the time of its adoption. The directions of this criticism vary from accusations that the Constitution preserves the colonial political regime and external governance of Russia, to complaints that it is a normative legal act of social confrontation in society and is no longer able to ensure its stability. Chapter 9 “Constitutional amendments and revision of the Constitution” determines that only the provisions of chapter 1 “Fundamentals of the constitutional system”, chapter 2 “Human and civil rights and freedoms” and chapter 9 itself cannot be revised, therefore, it is possible to revoke the current Constitution of the Russian Federation and adopt new Constitution of Russia. All other amendments to chapters 3–8 are adopted like the federal constitutional law and come into force after their approval by the legislative authorities of at least two-thirds of the constituent entities of the Russian Federation. The latter seems quite possible, and similar amendments to these chapters have already been in force since 2008. Is the revoking of the current Constitution of the country appropriate in this case, will this revoking entail the elimination of the most important foundations of the modern Russian state, and with them the existing constitutional rights and freedoms of an individual and citizen in Russia? This article is devoted to examining the problems of repealing the current Constitution of Russia and the legal consequences of this step.

The article examines the regulatory framework for the administration of justice in the Russian Federation related to the understanding of the principles and signs of the organization of judicial power for the administration of justice in the Russian Federation.