Protsyuk I. Separation of powers under conditions of different forms of government.

The dissertation is dedicated to research of general theoretical models of separation of powers under conditions of limited monarchies, and also presidential, parliamentary and mixed republics. The author discloses legal criteria of classification of forms of state government. One of such criterion is a model of separation of state powers, fixed in constitution of a concrete state and practically realized. It is the reason of specific formation of branches of power, peculiarities of differentiation of their competence, it supposes choosing one or another leverage (system of checks and balances). Complex approach to revealing contents of the principle of separation of state power from the point of view of its three components - institutional, functional and subjective is grounded. Role of the system of checks and balances in mechanism of separation of state powers is defined from the point of view of the broad approach to its definition as a system of responsibilities of a branch of power for mutual informing and cooperation, and the narrow one - as a system of responsibilities, necessary for avoiding interfering into the competence of a branch of power from other branches, neutralization of the usurpative tendencies of the latter. Comparison of the models of separation of powers in parliamentary, presidential and mixed republics is made. So, for presidential republic a "hard" model of separation of powers is inherent, which is characterized by the most consistent implementation of all three components of the system of separation of powers - institutional, functional and subjective. Parliamentary republics have "soft", "flexible" model of separation of powers, which concentrates attention, first of all, on institutional component and does not require subjective separation. Model of separation of powers in mixed republics is close to "hard" (presidential) one, though in functional component it presupposes more active interrelation between legislative and executive branches of power.