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Legal system of modern states

Government authority

State power is a concept for defining the possibility and ability of specialized bodies of the state to exercise leadership, manage the life of society, be an arbitrator in it, have the supremacy, sovereignty, and use coercion on behalf of society.

Basic theories of separation of powers (according to Montesquieu):

There are three kinds of powers: legislative, executive and judicial, which should be distributed among different state bodies.

A system of checks and balances should be in place (in order for the authorities to control each other's actions). A certain branch of government should represent the interests of a certain social group.

https://cdn.pixabay.com/photo/2017/03/07/20/51/cog-wheels-2125180_1280.jpg
https://cdn.pixabay.com/photo/2017/03/07/20/51/cog-wheels-2125180_1280.jpg

Later on, the theory of separation of powers has developed strongly in practice and theory. First of all, it is worth mentioning the works of J.. Rousseau, who believed that "legislative, executive and judicial authorities are special manifestations of the unified power of the people".

In connection with the informatization of society in the 20th century, in the modern theory of state and law it is customary to single out another branch of power - the "fourth power" - the mass media. The theory of separation of powers was one of the main guarantors of human rights and freedoms.

State power is exercised through specialized institutions, which are usually called branches of state power.

The separation of powers is realized in two planes: horizontally and vertically.

Vertically: it is the division of power between the subjects of public administration at different levels (central, regional and local authorities).

Horizontally: it is implemented in practice as a division of power between 3 power bodies (branches) - legislative, executive and judicial.

Legislative power is the state power delegated by the people, to its representatives, which is implemented collectively through the publication of legislative acts, as well as monitoring and control over the executive power, mainly in the financial environment.

Functions:

- legislative

- Financial (approves the state budget).

- Distributive (related to the formation of supreme executive and judicial bodies)

- the function of control (over the activity of the executive power).

Executive power is one of the main types of state power, ensuring the implementation of laws and other regulatory acts adopted by the legislative power throughout the country. The peculiarity of executive power is that it not only organizes the implementation of legislative decisions, but also can itself issue normative acts or come forward with legislative initiative.

The judicial power is one of the types of power that independently administer justice. It is a specific independent branch of state power, which is carried out by means of public, competitive consideration and resolution of disputes on law in court sessions. The judicial branch is implemented by special state bodies - the courts.

For example, the supreme legislative authority of the Russian Federation is the Federal Assembly, which consists of two chambers: the lower chamber - the State Duma, the upper chamber - the Federation Council. In order to exercise control over the execution of the federal budget, both chambers of the Federal Assembly form the Accounting Chamber.

The Head of State shall be the President. He is elected by direct popular vote for 4 years and no more than two consecutive terms.

The system of executive bodies of the Russian State is made up of federal bodies of executive power. The highest of these is the Government of the Russian Federation and its institutions.

The highest judicial authorities in Russia are the Constitutional Court, the Supreme Arbitration Court and the Supreme Court.

At present, the system of government bodies of the constituent entities of the Russian Federation located within the Southern Federal District operates on the basis of uniform principles established by federal legislation. At the same time, local historical, ethno-political and linguistic peculiarities can be taken into account, which makes it possible to build relations between the various branches of State power in the most effective way. The construction of a regional power system is significantly influenced by the complex internal political process, the struggle of local elites for the opportunity to make socially important decisions and access to power resources.