The System of Public Authorities of the Russian Federation: Concept, Characteristics, Interaction

The entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation and the qualitative changes that were made to the text of the latter led to legislative activity. Laws were adopted, reflecting the changes made to the text of the Constitution, and containing new and / or little-studied terms, concepts, phenomena. Special attention of scientists and researchers was attracted by the Federal Law “On the State Council of the Russian Federation”, which came into force in December 2020, which for the first time legalized such terms as “public power”, “unified system of public power”, etc. The position is also of interest, expressed in the conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-З in connection with the request of the President of the Russian Federation. It became necessary to give explanations and Author’s comments on the positive law of the country caused by these novelties. The term “public authority” is not a novelty for Russian legal science, but it has not been widely studied, and in connection with legislative changes it acquires new qualities, characteristics that need explanation and justification. The legislator provides an extensive definition of these terms. This makes it necessary to comprehend their essence, highlight the main elements of the public power system and demonstrate their political and legal ties, as well as the forms of interaction that take place in the public law regulation of relations between the subjects (elements) of a unified system of public power. Purpose: to investigate the essence of the concepts of “public power”, “unified system of public power”, to identify the characteristic features of the concept of “unified system of public power”. Among the main tasks: to show the political and legal ties and forms of interaction that arise between the subjects (elements) of a single system of public authority. Methods: logical, analytical, comparative legal, dialectical methods, allowing to reveal the essence, internal connections and the ratio of concepts enshrined in the federal law “On the State Council of the Russian Federation”, to reveal the features of a unified system of public authority. Results: state authorities are listed that correspond to the characteristics specified by the legislator, political and legal ties and forms of interaction that arise between the subjects (elements) of a unified system of public authority are identified, conclusions corresponding to the study are drawn.

1. Locke J. Two Treatises of Government (1690). A Critical Edition. London, 1960.

2. Savenkov A. N., Chirkin V. E. Constitutional Foundations of Social and Territorial Cohesion and the Differentiation of Public Power. The New Reading and 25 Years of Experience with the Implementation of Certain Provisions of the Constitution of the Russian Federation, 1993. State and Law. 2018;12:18-29. https://doi.org/10.31857/S013207690002197-8 (In Russ.).

3. Chirkin V. E. Public Law Institution. Moscow: Norma Publ.; 2011. (In Russ.).

4. Avak’yan S. A. (Ed.). Modern Problems of the Organization of Public Authority. Moscow: Yustitsinform Publ.; 2014. (In Russ.).

5. Vershinina S. I. Concept of the Public Power and Its Interaction with the State Compulsion. Science Vector of Togliatti State University. Series: Legal Sciences. 2010;1:8-12. (In Russ.).

6. Mal’cev I. А. The Issue of System of Division of Powers at the Level of Subjects of the Russian Federation. Constitutional and Municipal Law. 2011;4:18-21. (In Russ.).

7. Mamut L. S. «The Division of Powers» or the Division of the Powers of Public authorities? Law. Journal of the State University – Higher School of Economics. 2009;4:3-11. (In Russ.).

8. Okun’kov L. A. President and Government (in the Mechanism of State Power). Journal of Russian Law. 2001;2:3-10. (In Russ.).

9. Trainin I. P. Separation of Powers. Soviet Construction. 1937;7-8. (In Russ.).

10. Chirkin V. E. Separation of Powers: Social and Legal Aspects. Soviet State and Law. 1990;8:3-12. (In Russ.).

11. Shershenevich G. F. General Doctrine of the State and Law. Moscow; 1908. (In Russ.).

12. Gorobets V. D. Doctrine of Separation of Powers and Human Rights. Journal of Russian Law. 1998;4-5:166-173. (In Russ.).

13. Dzhangiryan Zh. D. Correlation Between the Theory of Separation and Unity of Powers. Constitutional and Municipal Law. 2007;4:6-11. (In Russ.).

14. Kalinina Е. V. Theory of Division of Powers: Sources of Problem and Old Testament Understanding of System of “Checks” and “Balances”. History of State and Law. 2011;15:22-26. (In Russ.).

15. Sergeev D. B. The Theory of Separation of Powers and Checks and Balances as the Basis for Building the Structure of Municipal Formation. State Power and Local Self-Government. 2011;12:17-21. (In Russ.).

16. Kant I. The Philosophy of Law (1796). Edinburgh, 1887.