Abstract:

The principle of separation of powers was not involved in the Soviet legal system due to the fact that it is against the Soviet legal doctrine. With constitutional provisions, the principle took a part in the socialist legal system in the last period of the Soviet Union. For the first time, the principle of separation of powers in Russia was situated in the Declaration of State Sovereignty in 1990. In the declaration, political power was determined as being composed of three branches, namely legislative, executive and judiciary. With a change in 1992, the provision was included in the constitution. Yet political reforms in the country were inadequate and Russia founded a system based on full-fledged presidential model. The Constitutional Court was in the eye of the storm during the regulations on constitution and government model. In such a case, the executive power attained dominance over the other powers. The Constitutional Court was closed by an executive order in the first period of it between the years 1991 and 1993. From 1993 onwards, it was re-established and started functioning. Accordingly, there is de facto and legal supremacy of the executive power in its relations with judiciary. At the present time, constitutional jurisdiction may be influenced by political developments taking place in the country. Furthermore, constitutional jurisdiction in Russia encounters not only problems of domestic politics but also issues related to foreign affairs

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