The Main Approaches to the Understanding of the Principle of Separation of Powers and Its Implementation in the Constitutional Mechanism of Russia

Abstract

The article deals with the main scientific approaches to the understanding of the principle of separation of powers, shows the difference between the principle of “division of labor”, “division of functions” between the authorities from the principle of separation of powers, which should be understood as the division of powers between organizationally separate and independent bodies of state power. The article also shows that the separation of powers does not imply absolute isolation, isolation of the branches of power, but, on the contrary, requires their coordinated functioning and interaction. The study raises the problem of the ratio of the principle of separation of powers with the principle of indivisibility of sovereignty. The author comes to the conclusion that sovereignty extends to all power and can not be partial, therefore it is impossible to allocate several sovereign powers, the principle of “separation of powers” does not involve the separation of powers, not the creation of three sovereign powers, and the division of the implementation of a single sovereign power by various state bodies.