Kutafin University Law Review


In issue 1 on 2016 year

OVERLAPPING COMPETENCIES WITHIN THE SYSTEM OF SEPARATION OF POWERS IN THE RUSSIAN FEDERATION

DOI: 10.17803/2313-5395.2016.1.5.076-092

Author: Nina M. Kolosova (Russia)

Rubric: POLITICAL PROBLEMS AND LEGAL SOLUTIONS

Annotation: The article includes analysis of the phenomenon of overlapping competencies of the branches of government. As the institute of society nowadays is becoming more and more complicated, the sphere of overlapping competencies tends to grow. The author points out that the ideological constitutional basis for the entwining of the branches of government and the overlapping of competencies is found in the principle of rule of the people. This principle unites the state government, stimulating cooperation among its branches. At the same time, overlapping competencies should not infringe upon the principle of separation of powers. To achieve this balance, the overlapping competencies should be proportionate to the constitutionally important purposes of such an overlapping, and the purposes should not contradict the fundamental mission of the separation of powers. It should prevent concentration of power. The article analyses specific examples of disproportionate overlapping of competencies, as provided by both legislation and legal practice. The author then proposes the means for correction of such a disproportion.


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Keywords: Separation of powers, unity of power, principle of rule of the people, genuine democracy, the Constitutional Court of the Russian Federation, immunity of deputies, right of the deputy to have judicial protection; holding a vacant deputy position, prelimin

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