Roundtable discussion: ‘Separation of Powers under Conditions of Top-Down Authoritarianism: Contemporary Conditions and Prospects of Transformation’, 16 February 2012, Moscow

On 16 February 2012 the roundtable ‘The Separation of Powers in Conditions of Top-Down Authoritarianism: Contemporary Conditions and Prospects of Transformation’ took place – the fourth expert roundtable in the framework of the Institute of Law and Public Policy’s project ‘Twenty Years on the Way to Democracy: Strengthening Constitutional Order in Today’s Russia’.

The meeting opened with an account from the Director of the Institute of Law and Public Policy, O. Sidorovich, of the results achieved so far, and also further goals and tasks of the project. In her opening remark A. Soboleva – the expert of the project – noted the difficulty of analyzing the principle of the separation of powers by virtue of its multi-dimensionality and different understandings of its role with representatives of legal science. She also described prevailing views on the process of the realization of the principle in Russia in recent years.

Concerning the question of the understanding and goals of the principle of the separation of powers, A. Medushevskiy – leading expert of the project – recalled that it is possible to talk about a system of checks and balances preventing tyranny. V. Mazaev and the expert of the project S. Vasileva spoke about the principle of the separation of powers as an abstraction which should be filled with specific content, paying particular attention to the importance of political competition and political pluralism.

Most of the discussion concerned the question of the definition of the form of government in Russia, in particular about which criteria are best to use to characterize the relationship between legislative and executive authorities. In the opinion of M. Krasnov, Russia is formally a mixed model of power, but is it really the same in practice? O. Zaznaev noted that the definition of the form of presidential and semi-presidential government is, to a certain extent, a stereotype; but the real ‘amount of power’ could be measured quantitatively using the tools of political science. As indicated by project consultant D. Smilov, the form of government in Russia can be characterized in the frame of the concept of ‘presidential sovereignty’.

Speaking about the place and role of judicial authority, retired judge of the Constitutional Court of the Russian Federation, T. Morshchakova – consultant of the project – acknowledged with regret that the court in today’s Russia essentially serves as an instrument of legitimating of all the so-called ‘guards’ – those agents which ensure the status of judges – wish. She stressed that the independence of the judiciary cannot be secured until the public authority recognizes this fact. Almost all the participants agreed with these statements.

What of the perspectives of the transformation of government in Russia? Answering this question, A. Medushevskiy indicated that the imbalance exists in the form of government exists in Russia in favor of the institution of the president could be corrected by amending the law ‘On Government’ and reviewing certain decisions of the Constitutional Court. M. Krasnov analyzed the possibility of development of the parliamentary model, and V. Mazaev warned about the danger of the transition to a ‘corporate empire’. At the same time, the participants unanimously agreed that there is no need for radical change of the Constitution in order to secure the proper functioning of the principle of the separation of powers.

In conclusion, A. Soboleva – after thanking participants for a fruitful discussion – drew attention to the importance of category of rights and freedoms of man, such as the principle of the separation of powers, which serves as a protection of the freedom of citizens.