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Дискуссионные вопросы теории и практики разделения и взаимодействия властей в Российской Федерации
Since the adoption of the current Constitution of the Russian Federation, Russian constitutional law doctrine has yet to develop a uniform understanding of the status of the President of the Russian Federation within the system of separation of powers. The dualistic enshrinement of the concept of separation of powers in Article 10 of the Constitution of the Russian Federation has given rise to a long-standing debate among political scientists. Some scholars consider the President of the Russian Federation to be the head of the entire system of state power outside the "classical" triad; others distinguish him as a fourth branch of power, considering this an established "custom" of post-Soviet constitutional and legal practice; still others position him as the head of the executive branch. The relevance of this article is determined by the analysis of the role and place of the President of the Russian Federation within the system of separation of powers, taking into account the constitutional reform of 2020, which significantly changed the established model of formation of the Government of the Russian Federation, strengthening the role of the Federal Assembly - the parliament of the Russian Federation. On the other hand, the relationship between the President of the Russian Federation and the Government of the Russian Federation was also changed, formally and legally enshrining the authority of the President to exercise general leadership of the Government. Other presidential, parliamentary, and judicial prerogatives have also been modified, altering the roles of individual state institutions, as well as the very mechanism of checks and balances within the separation of powers system.
The subject of this research is the legal relations surrounding the exercise of state power by the President of the Russian Federation, as well as the constitutional role and place of the President of the Russian Federation within the separation of powers system in the Russian Federation.
The research methodology combines general scientific methods—analysis, synthesis, deduction, and induction—with specialized legal methods: historical-legal, formal-logical, and, in certain cases, comparative legal methods, allowing for a comparison of the implementation of the separation of powers model in Russia and Western countries that have also adopted this scientific concept in their constitutional framework.
Given the lack of a unified doctrinal interpretation and universal theory of separation of powers in public law, this article hypothesizes the established global practice of each state choosing its own "national" mechanism for the separation and interaction of powers. Based on the analysis conducted, the authors substantiate the conclusion about the formation of its own theoretical and practical model of the four branches of government in modern Russia.