Articles 10 and 11 of the constitution of the Russian federation: three or four branches of power in Russia?

 
PIIS013207690001522-6-1
DOI10.31857/S013207690001522-6
Publication type Article
Status Published
Authors
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 9
Pages124-128
Abstract

When you enumerate branches of state power and for their names in the constitutions of almost a century and a half (with the United States Constitution, 1787, before 1918) used the scheme Sh.L. Montesquieu (1689–1755), proposed by him in the first half of ХVIII century (legislative, txecutive, and judicial branches). Russian Sociflist Constitution of 1918 for the first time eliminated this triad, replacing, according to Marx, the separation of powers on the division of labour between the organs of the state. Changes to this triad in capitalist constitutions began with the Constitution of semi-colonial China, 1912, stating five authorities (yuans) Some current Latin American Constitution include four (Nicaragua) and five (Venezuela) branches of state power. The Basices Statute of Saudi Arabia names three branches, but others. However, the vast majority of constitutions fix traditional triad With the Constitution of the Russian Federation, the situation is not very clear. On the one hand, article 10 refers to the three usual branch. On the other hand, anlysis of art. 11 in conjunction with the provisions of р. 2 and 3 of the Constitution, art. 80, and assessment of state practice could lead to the conclusion of the existence of four branches of state power in Russia. The author examines the constitutional provisions, the rules of some other laws, selected issues relating to the practice of realization of state power in Russia.

KeywordsConstitution of the Russian Federation, branches of state power, a special branch of power – the presidential power
Received26.10.2018
Publication date31.10.2018
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