Separation of Powers

One of the key features of a democratic government is a separation of powers. This doctrine divides the power of the government between 3 different branches: legislative, executive and judicial.

The legislative branch is responsible for considering and passing the laws.

The executive formulates policies, administers and implements laws and court decisions and overall takes care of the day-to-day running the state.

The judiciary interprets and applies the law, they ought to be impartial and independent from political influence, courts are subjects only to the law and Constitution.

The whole purpose of this doctrine is to prevent the concentration of power in the hands of one individual or one body, to prevent the abuse of power. This purpose is achieved by a complex but yet vital system of "checks and balances".

Each branch controls and limits the other two but at the same time is accountable to them and limited too. Therefore, none of the branches can become too powerful and a balance between 3 separate powers is achieved.

So, let us take Russian Federation as an example. The Constitution of this country claims that it is a democratic, federative, law-based state with a republican form of government, where state power is divided among the legislative, executive, and judicial branches. Legislative branch in Russia is represented by its bicameral Parliament, also called Federal Assembly. Executive branch is represented by the Apparatus of the Government of Russia, which consists of Prime Minister, deputy prime ministers, and other federal ministers. Finally, the Constitutional Court, Supreme Court, and Supreme Court of Arbitration define the judicial branch of Russia.

Meanwhile, the President, who has the special status of the Head of State, does not belong to any above-mentioned branches. Lawfully, the President is given wide powers, allowing to influence other branches and de facto wield power over them.

For example, the President

• appoints and discharges the Prime Minister of the government, highest command of Russian Armed Forces, ambassadors, federal ministers, and their deputies;
• proposes the candidacy (and dismiss) of the General Prosecutor and federal prosecutors, the Chairman of Central Bank, judges for the Constitutional and Supreme Courts and their deputies, the Chairman of the Accounting Chamber;
• has power to dissolve the State Duma (the Parliament), can rescind decrees of the Government and of the Parliament.

This list can last further, but the main message is carried: the President of Russia has power over every branch and sphere of the State and the Government.

This fact contradicts the very purpose of separation of powers – to prevent the concentration of power in one place. This fact contradicts the very essence of democracy.

Author: Temurbek Bektashev, Chief Legal Officer