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Stenichkin N. G. Judiciary and Constitutional Balance. Izv. Saratov Univ., Economics. Management. Law, 2020, vol. 20, iss. 3, pp. 354-362. DOI: https://doi.org/10.18500/1994-2540-2020-20-3-354-362


This is an open access article distributed under the terms of Creative Commons Attribution 4.0 International License (CC-BY 4.0).
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Judiciary and Constitutional Balance

Introduction. The article analyzes the prerequisites for changing the Constitution of the Russian Federation existing in the system of Russian law. For Russia, having a quarter-century legislative experience under conditions of democratic socio-political relations and a market economy, the issue of assessing the potential of the current edition of the Constitution is extremely relevant. Theoretical analysis. An important vectorial principle in the Constitution of the Russian Federation is its focus on the human rights, ensuring rights and freedoms of people. This constitutional principle is implemented by endowing each of the branches of power with an equal amount of authority and responsibility to participate in public administration. Empirical analysis. We proved that the most common cause of imbalance in the system of checks and balances is the changes in society itself. The individual signs of the existing imbalance between the branches of power are considered. Conclutions. We highlighted the lack of objective grounds for reviewing the main provisions of the Constitution of the Russian Federation or the adoption of its new version. At the same time, the possibility of making separate, point-wise amendments to the provisions of the Constitution of the Russian Federation regarding the powers of the branches of state power is considered.

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