РАЗВИТИЕ КОНЦЕПЦИИ ПУБЛИЧНОЙ ВЛАСТИ В РЕШЕНИЯХ КОНСТИТУЦИОННОГО СУДА И ЗАКОНОДАТЕЛЬСТВЕ

Российский юридический журнал. 2025. № 6. С. 66–79.

Асланов Р. С.

The 2020 constitutional reform introduced the concept of «unified system of public authority» into the text of the Constitution for the first time. The concept of public authority itself has repeatedly been the subject of research by Russian scientists, but a unified understanding of it has not been formed in legal science. This is evidenced by the wide range of opinions on the nature, structure and functions of public power formulated by researchers before 2020. The reform that has been carried out makes us think once again about the nature of public power and its genesis in the Russian legal system to actualize doctrinal ideas about the now unified system of public power. Until 2020, the key source of law reflecting the nature of public authority was the legal positions of the Constitutional Court, which over the course of almost 30 years gradually formed the foundations of the concept of public authority in the Russian legal system. Thus, by 2020, the Constitutional Court had defined the structure of public power, formulated the nature of its unity, including functional unity, and summarized its functions. As a result of the 2020 reform, the concept of public authority was developed in legislation, which developing its constitutional content clarified the composition of public authority, the principles and mechanisms of its functioning. Currently, it can be said that the modern content of the unified system of public authority was a natural result of the development of this concept in the legal positions of the Constitutional Court. At the same time, this content differs significantly from the positions of many researchers regarding the structure of public power, the content of interaction and the autonomy of its elements.

Keywords: публичная власть, public authority, правовые позиции конституционного суда, decisions of the Constitutional Court, Unified system of public authority, Единая система публичной власти, legislative development of the Constitution, законодательное развитие Конституции