Development of Public Power in Judicial Acts and Legal Positions of the Constitutional Court of the Russian Federation: To the 30th Anniversary of the Constitution of the Russian Federation

Abstract

The paper analyzes the main legal positions of the Constitutional Court of the Russian Federation since the 1990s until 2023 on the organization and functioning of public authority in Russia in the context of the theory of the «living» Constitution of Russia. To expand on the topic the author dwells upon the legal positions of the constitutional control body as an explanation of the norms of the Russian Constitution, which influences the law-making process and law enforcement practice. Based on the analysis of judicial acts, the main constitutional characteristics of public power are determined: inclusion of municipal government in its composition (the presence of organizational isolation of local government bodies with their functional unity with state power); continuous functioning and historical succession of public power; exercise of public power at the level of the Federation, constituent entities of the Federation, municipalities with the inadmissibility of violating each other’s competence by these levels. It is noted that the main task of state building may be to bring the activities of public authorities closer to the forms of democracy, as well as the development of their direct connections through public discussions between public authorities and the people, society, and citizens.