CURRENT ASPECTS OF LEGAL UNDERSTANDING, REGULATION AND IMPLEMENTATION OF THE PRINCIPLE OF SEPARATION OF PUBLIC POWER IN THE SUBJECTS OF THE RUSSIAN FEDERATION

Abstract

The article raises topical aspects of the legal understanding of public power, determines the ratio of the principles of separation of public power and unity of public power in terms of
their binary interaction at the level of subjects of the Russian Federation, identifies the problems of
balancing the separation of powers in the subjects of the Russian Federation with the coordinated
implementation of the principles of unity of public power and subsidiarity; reveals the system of
public authorities in the subjects of the Russian Federation. It is concluded that, unlike the principle
of separation of state power, the principle of separation of public power is broader in content and
implies the separation of powers between the people, various branches and levels of government,
local government and social power.
The constitutional and legal content of the principle of separation of powers is revealed in the
context of the legal understanding of public authority and the constitutional and legal relations arising within this institution on the implementation of this principle in the subjects of the Russian
Federation. At this level of statehood, the most complex interaction was formed, predetermined not
only by some variability in the choice of the power-sharing model, but also by the influence of federal government on the formation of the system and functioning of public power in the subjects of
the Russian Federation.
If the principle of unity of public power ensures the connection of all branches and levels of
government in the system of interaction between the state, society and individuals, then the principle of subsidiarity should ensure the effectiveness and consistency of the implementation of public
power, ensure a balance of separation of powers in the subjects of the Russian Federation.
A comparative analysis of the constitutions and charters of the subjects of the Russian Federation gives grounds to assert not only differences related to regional specifics, but also certain conceptual differences. In particular, not all subjects of the Russian Federation still clearly identify the
people as the bearer and source of regional public power. Some subjects of the Russian Federation
define the people as the source of power, others – citizens of the Russian Federation living on the
territory of the relevant subject of the Russian Federation, and others – residents.
Another conceptual question is what should be understood by “other state government bodies
of the subject of the Russian Federation”, formed in accordance with the constitution (charter) of
the subject of the Russian Federation. In this context, it is important to distinguish between public
(legislative, executive and judicial) authorities and other state government bodies. Other state bodies may include constitutional (charter) councils under higher legislative bodies, commissioners for
human rights, children's rights, protection of the rights of entrepreneurs and the rights of indigenous
peoples, which are being created today in the subjects of the Russian Federation