To a question of legal regulation of formation of civil society

The article is devoted to one of the foundations of the formation of civil society - the theory of separation of power, the history of its occurrence. The article focuses on the history of the formation of the concept «civil society» due to the fact that the idea separation of power is one of the key places in the theory of democracy, civil society, the rights of government, constitutionalism, federalism. Are allocated and opened three main areas of implementation of the principle of separation of powers. It is emphasized that in a real separation of powers, control or management functions of the state can not have an independent political and imperious nature. In this article appears the thesis that the separation of powers - is a system of state and legal institutions, enabling the combination of democratic state institutions to the stability of state power