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Title

The unity of state and legislative powers in the system of separation of powers

Autors

Bezrukov Andrey Victorovitch, Candidate of Law, an Associate Professor; the Head of the Constitutional Law Chair of Urals Law Institute, Ministry of Internal Affairs of Russia. Bld. 66, Korepina Str., Ekaterinburg, 620057. E-mail: abezrukov@bk.ru

Section

Konstitution state and society

Issue

6/2012

Page

21-26

index UDC

342.5 +

342.52

index LBC

Х400.6 +

Х400.62

Abstract

The article deals with the legal description and interdependence of principles of the unity of state power and separation of powers. The principle of the unity of the state power system along with the principle of separation of powers is stipulated by the Constitution of the Russian Federation as a basis of the constitutional system. The author arrives at a conclusion that the principles of the unity of the state power system and separation of powers do not contradict one another, on the contrary they can coexist and work in harmony when being constitutionally formed and practically realized in a proper way. Besides, the article discloses the nature and the essence of legislative power, its primary position in the system of separation of powers with the legislative power establishing rules for executive and judicial powers and carrying out orientation and supervision functions. The author sets forth main areas and forms of interrelations between legislative power and executive and judicial powers, he takes into account the constitutional model that strengthens the priority position of the President of the Russian Federation in the state mechanism and analyses legal positions of the Constitutional Court of the Russian Federation. Along with it, interdependence of branches of powers conception is set forward that contributes to the consolidation of the unity of the state power system and effective realization of the separation of powers principle.

Keywords

the unity of state power, separation of powers, branches of power, legislative power, and interdependence of branches of powers.

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