The Institute of Public Power in Constitutional Jurisprudence of Russia
https://doi.org/10.25205/2542-0410-2022-18-2-11-22
Abstract
The study of the institution of public power seems to be one of the most important areas of modern constitutional law in Russia. The category ‘public power’ was enshrined in the constitutional legislation of Russia in 2020 in connection with the amendments to the Constitution of the Russian Federation. At the same time, the category of public power had been studied by the domestic science of constitutional law even before the corresponding amendments were made, different approaches to public power had been formed, its characteristics and features had been described differently. This article provides the opinions of constitutional scholars on the institution of public power and analyzes current constitutional legislation. The author concludes that, in some respect, the consolidation at the constitutional and legal level of the institution of public power coincides with the previously proposed scientific approaches to the institution of public power.
About the Author
E. Y. VakhrameevRussian Federation
Evgeny Y. Vakhrameev, teacher, graduate student
Chair of Administrative, Corporative and Financial law
sector of secondary vocational education
Novosibirsk
Chair of Constitutional Law named after N. V. Vitruk
Moscow
References
1. Kravets I. A. Project constitutionalism and personal dignity as public domain and public value. Scientific works, Issue 21, Moscow, The limited liability company Publishing house Yurist, 2021, pp. 65–74. (in Russ.)
2. Kravets I. A. Supremacy of Law and Good Governance as Constitutional Values in a Public Sphere and State Administration. Journal of Russian law, 2019, no. 12, pp. 23–58. (in Russ.)
3. Kravtsova E. A. On the Correlation between the Concepts of «Civil Society» and «Public Authority» and Some Conflicts in Their Statutory Regulation. Constitutional and Municipal Law, 2021, no. 2, pp. 21–23. (in Russ.)
4. Maly A. F. On the Legal Content of the Concept of Public Government. State Power and Local Self-government, 2020, no. 7, pp. 8–12. (in Russ.)
5. Uporov I. V., Sheudjen N. A., Svets A. A. Public power as a social institute and a sign of the state: social-legal nature and genesis in the dynamics of conceptual approaches. The Law and practice, 2021, no. 1, pp. 24–30. (in Russ.)
6. Mamout L. S. Public power is indivisible. Philosophy of law and constitutionalism (materials of Fourth philosophical and legal readings in memoriam of academician V. S. Nersesyants, 2 October 2009, Moscow), Moscow, The Institute of State and Law of the Russian Academy of Sciences, 2010, pp. 51–60. (in Russ.)
7. Avakyan S. A. Constitutional Theory and Practice of Public Authority: Regularities and Deviations. Constitutional and Municipal Law, 2015, no. 10, pp. 5–11. (in Russ.)
8. Sovetov I. K. Public authority in Russia under the 2020 Constitution. Bulletin of Prikamsky Social Institute, 2020, no. 3 (87), pp. 43–52. (in Russ.)
9. 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, no. 1, pp. 8–12. (in Russ.)
10. Osetrov S. A. The Russian model of separation of powers: the constitutional correction. Constitutional and Municipal Law, 2021, no. 6, pp. 10–17. (in Russ.)
11. Avakyan S. A. Constitutional lexicon: Dictionary of constitutional legal terms. Moscow, Yustitsinform, 2015, 640 p. (in Russ.)
12. Lebedev V. A. State power as form of expression of public authorities. Bulletin of Chelyabinsk State University. Series: Law, 2010, vol. 25 (206), pp. 5–9. (in Russ.)
13. Vorobyova O. A. On the concept of the public power. Vestnik of Siberian Law Institute of the MIA of Russia, 2010, no. 3 (7), pp. 82–88. (in Russ.)
14. Kravets I. A. The principle of federalism and organization of public power in the subject of the Federation (on the example of the Novosibirsk region). Tomsk State Pedagogical University Bulletin. Series: Humanities (Law), 1998, vol. 3, pp. 15–18. (in Russ.)
15. Pisarev A. N. Constitutional and legal bases of the system of public authorities in the Russian Federation, Moscow, Federating State Educational Institution of Higher Education Russian State University of Justice, 2018, 300 p. (in Russ.)
16. Peshin N. L. The Constitutional Reform of Local Self-Government: The Unity of Public Government as a New Universal Principle of Arranging of Local Self-Government. Constitutional and Municipal Law, 2020, no. 11, pp. 24–29. (in Russ.)
Review
For citations:
Vakhrameev E.Y. The Institute of Public Power in Constitutional Jurisprudence of Russia. Juridical science and practice. 2022;18(2):11-22. (In Russ.) https://doi.org/10.25205/2542-0410-2022-18-2-11-22