The Theory of Separation of Powers: Issues of Formation, Development and Implementation
( Pp. 48-58)

More about authors
Evgeny O. Barashkov Law Institute, National Research Mordovian State University of N.P. Ogaryov
National Research Ogarev Mordovia State University
Saransk, Russian Federation Pyatkin Valery Nikolaevich student
Ogarev National Research Mordovia State University
Saransk, Russia
Abstract:
The aim of the study is to analyze the views of thinkers of different historical eras on the idea of separation of powers, highlighting the features and main characteristics of such views in order to build the evolution of the concept under study and predict the further development of the phenomenon of separation of powers. The article examines the history of the emergence and evolution of the theory of separation of powers, analyzes the practice of applying the theory of separation of powers in foreign countries and the problems of implementing the principle of separation of powers in modern Russia. Based on the analysis of the current state of the concept of separation of powers, the authors propose to expand the classification of models of the theory of separation of powers. Results. The concept of the separation of powers has always been a powerful tool to impact on state development, the formation and operation of the public power system in many modern states; it is the most important constitutional principle, called s one of the signs of the legal state. And this is despite the fact that in legal science there are still disputes about the essence of the concept of separation of powers, about its significance in the progressive development of the public power system, about the number of powers, about the relationship between the principle of separation of powers and the principle of unity of state power, etc. The classical theory of separation of powers cannot be understood as something frozen in time. She is no stranger to development and improvement. Throughout its history, this concept has proven its flexibility, versatility, and ability to various modifications. The concept of separation of powers is constantly evolving and adapting to the objective needs of the development of society and the state, trying to match the modern processes of complication of socio-economic and political-legal relations in the state.
How to Cite:
Evgeny O.B., Pyatkin V.N., (2021), THE THEORY OF SEPARATION OF POWERS: ISSUES OF FORMATION, DEVELOPMENT AND IMPLEMENTATION. Gaps in Russian Legislation, 7 => 48-58.
Reference list:
Avakian S.A. Political relations and constitutional regulation in modern Russia: problems and prospects // Journal of Russian Law. 2003. No. 11. pp. 43-54.
Baranov P.P. The role of the constitutional legislation of the Russian Federation in regulating the principle of separation of powers. Rostov n/A, 2012. pp. 5-10.
Barnashov A.M. Theory of separation of powers: formation, development, application- Tomsk: Publishing House Vol. un-ta, 1988. 102 p.
Bezuglov A.A. Sovereignty of the Soviet people. M.: Jurid. lit. 1975. 199 p.
Vasilenkov P.T. Organs of the Soviet state and their system at the present stage. M. : [B. I.], 1967. 302 p.
Vetrik Yu.A., De E.P. Features of the principle of separation of powers in a federal state // Law and Law. 2019. No. 6. pp. 187-190.
Gainutdinova L.A., Gainutdinov R.I. The concept of separation of powers by S. Montesquieu and its practical dimension // Bulletin of the Russian Academy of Sciences. 2019. No. 4. pp. 175-185
Grigonis E.P. Evolution of ideas about the relationship between legislative and executive authorities in the teachings of Locke and Montesquieu // History of the State and law. 2008. No. 9. pp. 32-33.
Giuliano A.O. The Italian Republic: separation and interaction of branches of government // Domestic jurisprudence. 2018. No. 7 (32). pp. 102-104.
Zakirova A.R. The principle of separation of powers in Germany // Alley of Science. 2019. Vol. 3. No. 5 (32). pp. 546-548.
Kokoshkin F.F. Russian State law in connection with the basic principles of general state law. Issue 1. Moscow, 1908. 157 p.
Kola D. Political sociology. M.: The whole world; INFRA-M. 2001.406 p.
Konovalova L.G. Separation of powers with clearly defined and real powers of parliament as a sign of parliamentarism // Russian Law Journal. 2017. No. 3 (114). pp. 39-54.
Krasnov Yu.K. The principle of separation of powers in Russia: from concept to practice // Economics, finance, law. 2011. No. 3 (04). pp. 5-12.
Lebedintsev I.D., Isakov A.S. President of the Russian Federation in the system of separation of powers: institutional aspects of the exercise of authority // Society, economics, management. 2018. pp. 45-50.
Magomedov Sh.B., Shabanov H.M. On the question of the place and role of the legislative branch of government in the mechanism of separation of powers: constitutional and legal analysis // Legal Bulletin of Dagestan State University. 2019. No.2. pp. 46-49;
Maly A.F., Solomonov P.N. On the embodiment of the principle of separation of powers in the organizational structure of the subject of the Russian Federation // Eurasian Advocacy. 2018. No. 2 (33). pp. 93-95.
Marx K., Engels F. Soch. 2nd ed. Vol. 5. M.: Gospolitizdat.1955. 652 s
Matrosov S.N., Petrov V.R. Separation of powers in the Russian Federation: theory and practice // Bulletin of the Russian University of Cooperation. 2017. No. 2 (28). pp. 123-125.
Parin D. V., Aboyan A. A. Amendments to the Constitution of the Russian Federation and changing the role of the head of state // Education. The science. Scientific personnel. 2020. No. 1. pp. 58-60.
Paulov P.A., Fomkina V.D. The place of the notary in the system of separation of powers // International Journal of Humanities and Natural Sciences. 2019. No.4-3. pp.173-175;
Pakhomov V.G. The principle of separation of powers as a legal problem // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2021. No.3. pp. 40-43.
Pakhomov V.G. Theory of separation of powers: debatable issues // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2019. No. 2. pp. 53-61.
Pirova R.N. The doctrine of separation of powers: history and modernity / R. N. Pirova // Humanities, socio-economic and social sciences. 2015. No. 6-1. pp. 268-270.
Plato. Gorgias. Op. in 3 volumes. T. 1. M.: Thought. 1968. 715 p.
Polybius. General history... Vol. VI. M., 1890 - 1899. 805 p.
Ramazanov A.H., Sapaeva G.A. Comparative analysis of the implementation of the principle of separation of powers in Russia and the USA // Legal Bulletin of Dagestan State University. 2019. No.3. pp. 16-21.
Rozentsvaig A.I., Semenova V.O. Separation of powers in Russia // Alley of Science. 2019. Vol. 3. No. 5 (32). pp. 688-692.
Romanenko V.B. Separation of powers in the theory and practice of constitutionalism // Theory and practice of social development. 2010. No. 3. pp. 173-177.
Sirotina Ya.S. Judicial power and separation of powers // Bulletin of Modern Research. 2019. No. 1.4 (28). pp. 90-92.
Speransky M.M. The plan of state transformation of Count M. M. Speransky. Moscow: Russian Thought, 1905. 359 p.
Chepurnova N.M., Stepanyan S.A. The Federation Council of the Federal Assembly of the Russian Federation in the system of separation of powers // Law and Law. 2020. No. 7. pp. 15-21;
Chirikin V.A., Ushakov S.N. Features of the constitutional principle of "separation of powers" in the Russian Federation // Legal policy and legal life. 2020. No. 1. pp. 26-29.
Chirkin V.E. State studies: textbook. Moscow: Lawyer, 2000. 384 p.
Shchekotikhin A.I. Constitutional and legal guarantees of the separation of power of state bodies // Legal science. 2020. No. 6. pp. 159-164.
Keywords:
state, separation of powers, system of checks and balances, branches of government, public authorities, constitution, republic, democracy.


Related Articles

Political Institutions, Processes and Technologies Pages: 15-21 DOI: 10.33693/2223-0092-2022-12-6-15-21 Issue №22403
Ideological Foundations and Features of Western Legal Culture
law personality legal culture legal awareness mentality
Show more
4. Employment Law; Right to social security; Land law; Natural resource law; Environmental law; Pages: 100-103 Issue №6543
The role and powers of state bodies in emergency situations
environmental law public authorities emergency environmental disaster
Show more
PRIVATE AND PUBLIC LAW Pages: 123-127 DOI: 10.33693/2223-0092-2020-10-2-123-127 Issue №16644
Legislative regulation of self-defense of human rights and citizens and legal interests
Constitution self-defense right legitimate interests law
Show more
GENERAL THEORETICAL, CRIMINAL-LEGAL AND OTHER PROBLEMS OF COUNTERING EXTREMISM AND TERRORISM. PROBLEMS OF PREVENTING EXTREMISM AND TERRORISM Pages: 119-123 Issue №23752
Terrorism as a Threat to World Democracy
terrorism democracy personality socialization antiterrorist struggle.
Show more
2. GENERAL THEORETICAL, CRIMINAL-LEGAL AND OTHER PROBLEMS OF COUNTERING EXTREMISM AND TERRORISM. PROBLEMS OF PREVENTING EXTREMISM AND TERRORISM Pages: 120-123 Issue №21729
Socio-Economic Determinants of Terrorism as a Threat to Society and the State
terrorism criminal acts terrorist violent act threats of violence
Show more
3. GENERAL THEORETICAL, CRIMINAL-LEGAL AND OTHER PROBLEMS OF COUNTERING EXTREMISM AND TERRORISM. PROBLEMS OF PREVENTING EXTREMISM AND TERRORISM Pages: 122-126 Issue №21338
Extremism: Difficulties of Definitions
personality state politics extremism definitions of extremism
Show more
5. Constitutional law; Constitutional judicial process; Municipal law Pages: 86-88 Issue №11287
CONSTITUTIONAL AND LEGAL BASES OF COUNTERACTION TO TERRORISM
terrorism counter-terrorism The Constitution public authorities the foundations of constitutional order
Show more
7. Constitutional law; Constitutional judicial process; Municipal law Pages: 100-102 Issue №7973
LIABILITY OF CITIZENS FOR FAILING TO REPORT ELECTION FROM THE POINT OF VIEW OF THE IMPLEMENTATION OF THE DEMOCRACY'S PRINCIPLES
democracy elections criminal liability duty
Show more
6. Criminal law and criminology; Criminal enforcement law Pages: 125-127 Issue №13807
CRIMES OF THE EXTREMIST AND TERRORIST DIRECTION AS AN ACTION OF THE INCREASED PUBLIC DANGER
extremism terrorism counteraction preventive measures suppression and prevention
Show more
9. Human and civil rights and freedoms, guarantees of their provision Pages: 91-96 Issue №11007
THE PLACE AND ROLE OF THE FEDERAL SERVICE OF NATIONAL GUARD TROOPS OF THE RUSSIAN FEDERATION IN SYSTEM OF BODIES TO SOLVE THE PROBLEMS OF LAW ENFORCEMENT
public authorities the system of state bodies Federal service of national guard troops of the Russian Federation her place the role
Show more