Национальный цифровой ресурс Руконт - межотраслевая электронная библиотека (ЭБС) на базе технологии Контекстум (всего произведений: 634617)
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Kutafin Law Review (Юридический журнал имени Кутафина)  / №1 2016

OVERLAPPING COMPETENCIES WITHIN THE SYSTEM OF SEPARATION OF POWERS IN THE RUSSIAN FEDERATION (176,00 руб.)

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Первый авторKolosova
Страниц17
ID468294
АннотацияThe 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.
Kolosova, NinaM. OVERLAPPING COMPETENCIES WITHIN THE SYSTEM OF SEPARATION OF POWERS IN THE RUSSIAN FEDERATION / NinaM. Kolosova // Kutafin Law Review (Юридический журнал имени Кутафина) .— 2016 .— №1 .— С. 82-98 .— URL: https://rucont.ru/efd/468294 (дата обращения: 20.04.2024)

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76 ARTICLE KUTAFIN UNIVERSITY LAW REVIEW OVERLAPPING COMPETENCIES WITHIN THE SYSTEM OF SEPARATION OF POWERS IN THE RUSSIAN FEDERATION Nina M. Kolosova (Russia) Author Doctor of Science (Law), Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2006 Professor, State and Administrative Law Department, Samara State University Chief Scientific Researcher, Constitutional Law Department, Institute of Legislation and Comparative Law under the Government of the Russian Federation, and Chief Scientific Researcher, Constitutional Legal Studies Department, Russian State University of Justice Email: kolosova-law@mail.ru Abstract The article includes analysis of the phenomenon of overlapping competencies of the branches of government. <...> 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. <...> The article analyses specific examples of disproportionate www.kulawr.ru Volume 1 April 2016 Issue 1(5) Nina M. Kolosova Overlapping Competencies within the System of Separation of Powers in the Russian Federation 77 overlapping of competencies, as provided by both legislation and legal practice. <...> 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, preliminary termination of deputy’s mandate DOI: 10.17803/2313-5395.2016.1.5.076-092 TABLE OF CONTENTS I. Introduction .77 II. <...> Sovereignty of the people and representation of the people as constitutional foundations for the overlapping competencies .79 IП. <...> The principle of separation of powers and overlapping competencies: The role of the RF Constitutional Court in ensuring their proportional application .88 V. Conclusions .91 Bibliography .91 I. INTRODUCTION Actuality of the subject of the article is determined by a constant search for the optimum means of implementation of the constitutional principles of organization and implementation of government in the modern state. <...> Russian Professor Yury Tikhomirov notes the Volume 1 April 2016 Issue 1(5) www.kulawr.ru 78 KUTAFIN UNIVERSITY LAW REVIEW incomplete and weak character of separation of powers that doesn’t consider <...>