The election of the highest authorities is a sign of the form of government. Basic forms of government of the state

The form of government is the organization of the highest bodies of state power, their structure, the order of formation, the distribution of competence and relationships with the population.

Aristotle also tried to develop a classification of states based on the criterion of the form of government. He identified several forms of government: republic, monarchy, despotism, basing the classification on the methods of formation of state bodies, their relationship, and methods of exercising state power. Currently modern theory State and law can offer a deeper and more substantiated understanding of the form of government as one of the main characteristics of the structure of the state, give a more balanced classification of these forms, and outline a more realistic forecast of their development. It is no less important to take into account those factors that were previously excluded from the scope of scientific consideration: historical traditions, national psychology, religiosity, etc.

There are two main forms of government - monarchical And republican.

Monarchical form of government - (Greek monarchia - autocracy) - very ancient form board. In this form of government, supreme power is exercised individually and is inherited.

The main features of the classical monarchical form of government are:

the existence of a sole head of state who exercises his power for life (king, king, emperor, shah, Caesar, pharaoh);

hereditary order of succession of supreme power;

representation of the state by the monarch at his own discretion;

legal irresponsibility of the monarch;

the monarch is not elected by the people;

the monarch cannot be forcibly removed from office (except by a revolutionary coup);

legal irresponsibility and independence of the monarch, which is emphasized by the institution of countersignature (the procedure in which laws approved by the monarch are subject to mandatory certification by the signature of the prime minister (less often one of the ministers) responsible for the implementation of this law.)

The monarchical form of government arose during the slave system and continued to develop over time, maintaining its traditional features.

Absolute Monarchy is a form of government in which all supreme state power by law belongs to one person - the king, czar, pharaoh, emperor. According to the Lawyer Hammurabi, all power - legislative, judicial and executive - belonged to the king, who was the governor and servant of God on earth. According to the Military Regulations of Peter I, the sovereign is “an autocratic monarch who should not give an answer to anyone in the world about his affairs” See: Titov Yu.P. “Anthology on the history of state and law of Russia”, M: Prospekt, 2000, p.169. Thus, the main feature of an absolute monarchical form of government is the absence of any government bodies (parliament, congress, federal assembly or states general), limiting the powers of the monarch, where the will of the monarch is the source of law and law. Also, in an absolute monarchy there is no constitution and separation of powers, and the presence of a standing army led by a monarch. Currently, some monarchies in the Middle East (Saudi Arabia and Oman) are considered absolute.

Limited monarchy is a form of monarchy in which the power of the monarch is limited by a representative body, i.e. in England it is Parliament, in France it is the National Assembly. A peculiar duality of state power arises, which was expressed in the fact that although the monarch was legally and actually independent of parliament in the sphere of executive power, at the same time he was often forced to take into account the activities of parliament. He appointed a government that was responsible to him, but the activities of this government could be discussed and criticized in parliament. The monarch had strong influence on parliament: could veto its laws, had the right to appoint deputies to upper house, could dissolve parliament. However, a representative institution under a monarchy acquires control functions and acts as a legislative advisory body with which the monarch is forced to reckon. There are varieties limited monarchy: parliamentary(constitutional) and dualistic.

Parliamentary(constitutional) monarchy is a form of monarchy in which the power of the monarch is limited in the legislative sphere by parliament, and in the executive sphere by the government. In conditions parliamentary monarchy the king has no real power and does not interfere in state politics. This does not mean that the king does not play any role in the state. His powers, which traditionally belong to the head of state (declaring a state of emergency and martial law, the right to declare war and make peace, etc.), are sometimes called “sleeping”, since the monarch can use them in a situation of threat. existing state(Spain, 1981).

This form of monarchy is also called constitutional because the power of the monarch can also be limited by the constitution. For example, according to the constitution of the Japanese Empire of 1889, the power of the emperor was limited to the Imperial Diet, which considered, approved and adopted bills proposed by the emperor. Thus, in a constitutional monarchy, all acts emanating from the monarch acquire legal force if they are approved by parliament and are based on the constitution, that is, they cannot contradict the constitution. The monarch in a constitutional monarchy plays mainly a representative role, is a kind of symbol, decorum, representative of the nation, people, state. He reigns, but does not rule.

Parliamentary(constitutional) monarchy is distinguished by essential features:

parliament is elected by the people;

the government is formed from representatives of a certain party (or parties) that received a majority of votes in parliamentary elections;

party leader with the largest number parliamentary seats, becomes the head of state (the Prime Minister in Great Britain actually rules the country);

in the spheres of legislative, executive and judicial power of the monarch is virtually absent, it is symbolic;

legislation is passed by parliament and formally signed by the monarch;

the government, according to the constitution, is responsible not to the monarch, but to parliament;

Only in some parliamentary monarchies does the monarch have real levers of government (dissolves parliament, is the head of the judiciary, and the head of the church - Great Britain).

At present, almost all European monarchs are parliamentary monarchies: Great Britain, Sweden, Spain, Belgium, Holland, Denmark, Norway, Japan and others.

Dualistic Monarchy is an intermediate, transitional option from absolute to parliamentary monarchy. In a dualistic monarchy, the division of power occurs formally legally between the monarch and parliament. That is, only parliament makes laws, and the country is governed by the monarch through a government appointed by him and responsible only to him. If in a parliamentary monarchy the monarch is deprived of legislative and executive power, then in a dualistic monarchy only legislative power.

The dualistic monarchy has become the embodiment of a compromise, where the monarch expresses the interests of the feudal lords (nobility), and the parliament represents the interests of the bourgeoisie and, to a certain extent, other segments of the population (most often the “third estate”).

Despite this, the powers of the monarch were very strong:

with his decrees (decrees) he covered the social spheres of society, such decrees did not require parliamentary approval;

the king had the right of veto (only suspensive) in relation to the laws of parliament;

the appointment of members of parliament (or one of its houses) by the monarch (as opposed to a parliamentary monarchy, where parliament is elected by the monarch);

had the right to dissolve parliament;

had the right to set the date for new elections.

Dualistic monarchies existed in Germany (1871-1918), Turkey, Kuwait, Jordan, Libya, Nepal and other countries. Until 1990 Nepal and Kuwait were absolute monarchies, but due to historical events (the popular uprising in Nepal in 1990, the war between Kuwait and Iraq in 1991), democratic reforms began in them and today Kuwait and Nepal have moved from absolute to dualistic monarchies.

Republic(translated from Latin - a national affair) See: Dictionary foreign words- 19th edition, M, 1990, p. 441

This is a form of government in which the supreme power in given state carried out by elected bodies.

There are a huge number of republics, like monarchies. The source of power in republics is the people, who at certain intervals elect the highest representative bodies of the state. This manifests popular sovereignty - one of the fundamental principles of modern democratic statehood. The people elect the highest legislative body - the parliament and, in some cases, the president. All other supreme bodies of the state are formed, as a rule, by these representative bodies. The powers of the highest elected bodies of the state are limited to a certain period - to prevent possible usurpation of power.

Republican government is based on the principle of separation of powers. Principles of separation of powers - division of a single state power into legislative, executive and judicial, when various state bodies are entrusted with performing different functions in governing the state: parliament (people's assembly, national assembly, duma, supreme council, congress, etc.) is entrusted with enacting laws; the government and its bodies (executive and administrative bodies) - implement laws, organize their implementation; judicial authorities - to monitor the implementation of laws, hold them accountable for their violation, etc.

Based on the nature of the relationship between the legislative and executive powers, there are parliamentary, presidential And mixed(or semi-presidential) republics.

Parliamentary republic. Here the legislative power is strong, and the executive power is subordinate to it. This form of government is characterized by the supremacy of parliament, which exercises legislative power. The government is formed by parliament and is responsible to it. Thus, elections simultaneously resolve the issue of the composition of both parliament and government.

In a parliamentary republic, the post of president may be provided, but he does not have such broad powers (primarily in relation to parliament and the government) as the president has in a presidential republic, and in his activities depends on the government. The President is the head of state, but not the head of government; he is not responsible for the actions of the government. Usually the president in a parliamentary republic is not popularly elected (one of the few exceptions is Bulgaria) so that, while enjoying the support of the people, he cannot oppose himself to parliament. The election of the president is carried out either by parliament or by a specially created collegium. The president represents the state in the sphere of foreign policy, but even here he is forced to coordinate his actions with the government. The president, as a rule, does not have the right to hold a referendum, to declare a state of emergency, to dismiss the head of government at his own discretion, and usually does not have the right to veto laws adopted by parliament. Formally, the president may be the supreme commander in chief, but the actual leadership of the armed forces is exercised by the minister of defense, who is subordinate to the head of government.

A significant place in a parliamentary republic is occupied by the position head of government - Prime Minister (in In Germany, this post is called “federal chancellor”, and the state is sometimes called in the literature a chancellor republic). As a rule, this is the leader of the ruling party or party coalition; he is elected by parliament. The government is formed by the leader of the party that wins the elections and remains in power as long as it has the support of the majority of parliamentarians. Members of the government are responsible to parliament for their activities. Parliament can pass a vote of no confidence in the government or its individual members, and then they resign. Depending on whether it is possible to form a party majority in parliament, just as in the case of parliamentary monarchies, it is possible to talk about parliamentarism and ministerialism.

There are not very many parliamentary republics in the world: Germany, Finland, India, Turkey, Hungary, the Czech Republic, Slovakia, Estonia, Italy and some other states.

Presidential republic. This form of government is characterized by the fact that the president occupies a very significant place in the state apparatus. Therefore, sometimes, by analogy with monarchies, it is called a dualistic republic, since there are two main centers of power in it - the parliament and the president.

In a presidential republic, legislative power belongs to the highest representative body - parliament, which issues laws, and executive power belongs to the government. However, parliament does not form the executive branch, and the latter is not responsible to it. Parliament cannot dismiss executive officials (only in the event of a crime or gross violation of the constitution) if deputies do not agree, for example, with the government's policies.

The President is the head of state and head of the executive branch. Usually he independently appoints ministers and forms the government. The government (ministers) is responsible to the president and not responsible to parliament for its activities; the president can independently remove members of the government. Typically, the president is elected by popular vote. The President has the right of suspensive veto on laws passed by Parliament.

In a presidential republic, the president has broad powers in a variety of areas of activity. Usually the president has the right of legislative initiative, calling a referendum, the right to declare a state of emergency, independently decides on some of the most important personal matters, is the commander-in-chief of the armed forces, has the right to make peace, declare war, etc. The president, within the limits of his competence, independently issues normative acts, which occupy an important place in the legislative system of a particular country.

A presidential republic is a fairly common form of government. The United States, many countries in Latin America (Brazil, Argentina, Mexico, etc.), Africa (Zimbabwe, Nigeria, etc.), and Asia (Philippines, etc.) are presidential republics.

Parliamentary and presidential republics are the two main types of this form of government. Each has its own advantages and disadvantages.

Among the advantages of a presidential republic is a fairly high degree of efficiency of state management of society: after all, the president, having broad powers, largely determines the policy of the state. Managerial influence is more targeted if it comes from one center. Effective management is especially important during periods of reforms, major social changes, and bringing the country out of crisis. The main disadvantage of a presidential republic: the extensive powers of the president can lead to excessive centralization of power, usurpation of power and its abuse.

The advantages of a parliamentary republic can be seen in greater guarantees of the real implementation of the principles of democracy in public administration of society, since among the state bodies there is no single authority endowed with broad competence. Consequently, there are no objective prerequisites for establishing anyone’s dictatorship. The main disadvantage of parliamentary republics is that in a multi-party system, when it is not possible to form a parliamentary majority, it is almost impossible to carry out a thoughtful, targeted policy, and government crises are frequent.

In many states, attempts have been made to combine the features of parliamentary and presidential republics in order to overcome the shortcomings and preserve the advantages inherent in these forms of government. It seems possible to even talk about an “intermediate” form of government - semi-presidential(or mixed) republic, in which elements characteristic of classical X forms of government.

There is a strong president elected by the people. He is usually the chief executive and runs the government. But parliament necessarily takes part in the formation of the latter (for example, it approves ministerial candidates nominated by the president). The government must enjoy the confidence of the majority in parliament and must be responsible to parliament. Thus, it is the formation, and to an even greater extent, the responsibility of the government, that is the factor that legal science considers key in distinguishing the types of republican government.

The president may have broad powers under the constitution, but in practice he may not exercise some of them. In a semi-presidential republic, the independence of the government increases, the importance of the post of head of government increases compared to a presidential republic, where such a position may not exist, or there is a so-called administrative prime minister who only coordinates the activities of sectoral government bodies.

Switzerland has a unique form of government. Government ( Federal Council) is appointed by and accountable to parliament (Federal Assembly), but the government is not politically responsible to parliament.

Sometimes it is generally difficult to draw a line between a parliamentary and a presidential republic (Turkey, Sri Lanka, Peru, Russia, Ukraine, etc.). In certain cases, an essentially new form of republic arises: semi-presidential, semi-parliamentary, with a predominance of the features of one or another republic, and sometimes with features that were not inherent in either a presidential or parliamentary republic.

The republican form of government is characteristic of modern constitutional states with a democratic political regime, however, two points must be kept in mind.

Firstly, republics existed both in slave-owning societies and under feudalism, albeit on a limited territory: as a rule, these were city-republics.

Secondly, behind an apparently democratic republican form of government there may well be an authoritarian political regime.

In a number of countries tropical Africa, where monarchical traditions turned out to be especially strong, such a phenomenon as "monocratic republics". Formally, the separation of powers is proclaimed there, but the power of the president is practically unlimited and in reality differs very little from an absolute monarchy. Power is acquired, as a rule, in an illegitimate way (usurped). The next presidential elections, if they are held (for example, in accordance with the Constitution of Malawi, the president holds office for life), are decorative in nature. The president may be the leader of the only political party, or even the creator of the official and only acceptable state ideology (for example, Ghana under President Kwame Nkrumah, Guinea under President Sekou Toure, Zaire under President Mobutu, etc.). The change of president occurs as a result of a military coup or natural death.

For the same reason - the enormous and virtually unlimited power of the president - many Latin American states were named "super-presidential" republics The so-called “socialist” or “people’s democratic” republics that emerged after the Second World War were actually a form of dictatorship Secretary General And central committee the corresponding communist party.

Under military regimes, it is created presidential-military republic. This, although temporary, is not such a rare form: since the emergence of independent states in Latin America, Asia, Africa, Oceania, and also, although to a lesser extent, in Europe, about 700 successful military coups have occurred. In some countries, this form of government existed for more than 10 years (Algeria, Nigeria, etc.), and in some of them military rule, interspersed with civilian regimes, covered a significant period of existence of an independent state (Nigeria, Pakistan, etc.).

Thus, after considering various forms board, it is possible to clarify the understanding of fundamental issues of the organization and activities of the state apparatus. The problem of the form of government is, first of all, the problem of recognition or non-recognition of the separation of powers, the methods of formation and correlation of legislative and executive authorities, the problem of their responsibility to the people.

IN last years changes are taking place in the theoretical understanding of the form of government, since such models of organization of the highest bodies of state power appear that it is not possible to confidently assign to one or another group in accordance with traditional classifications. We have already discussed above the difficulties that arise when drawing clear boundaries between absolute and dualistic, between dualistic and parliamentary monarchies, between parliamentary, semi-presidential and presidential republics. In addition, the form of government of specific states sometimes combines monarchical and republican principles.

Previously, we were talking about the election of monarchs in the United Arab Emirates and Malaysia, but the election (as opposed to inheritance) of the head of state is the most important sign exactly republican form board. There are also republics with lifelong presidents. At one time, such a situation, characteristic of monarchies, took place, for example, in the Central African Republic and Tunisia. The functioning of the highest authorities in modern Western constitutional monarchies and in parliamentary republics is not fundamentally different.

IN developed countries the differences between monarchy and republic are practically irrelevant; In terms of the degree of democracy in the order of government, the same monarchy of Great Britain is not much different from the republic of France. However, in developing countries these differences can be fundamental.

Inextricably linked. The study of state and law should begin with the origin of the state. The emergence of the state was preceded by the primitive communal system, in which the basis of production relations was public property for the means of production. Transition from self-government primitive society To public administration lasted for centuries; in different historical regions, the collapse of the primitive communal system and the emergence of the state occurred in different ways depending on historical conditions.

The first states were slaveholding. Along with the state, law also arose as an expression of the will of the ruling class.

Several are known historical types states and rights - slaveholding, feudal, bourgeois. A state of the same type may have different forms of structure, government, political regime.

State form indicates how the state and law are organized, how they function, and includes the following elements:

• form of government - determines who has power;
• form of government - determines the relationship between the state as a whole and its individual parts;
• political regime is a set of methods and means of exercising state power and governance in a country.

Form of government

Under form of government refers to the organization of supreme bodies of state power (the order of their formation, relationships, degree of participation masses in their formation and activities). With the same type of state there can be various forms of government.

The main forms of government are monarchy and republic.

Monarchy- a form of government in which supreme state power belongs to one person (the monarch) and is inherited;

Republic— in which the source of power is the popular majority; The highest authorities are elected by citizens for certain period.

Monarchy can be:

• absolute(omnipotence of the head of state);
• constitutional(the powers of the monarch are limited by the constitution).

A republic can be:

• parliamentary(the president is the head of state; the government is responsible only to parliament);
• presidential(the president is the head of state; the government is responsible to the president);

Presidential republic characterized by the combination in the hands of the president of the powers of the head of state and head of government. Formal hallmark A presidential republic is the absence of the post of prime minister, as well as a strict separation of powers.

The features of a presidential republic are: the extra-parliamentary method of electing the president and forming the government; lack of parliamentary responsibility, i.e. the possibility of dissolving parliament by the president.

IN parliamentary republic the principle of the supremacy of parliament is proclaimed, to which the government bears political responsibility for its activities. The formal distinguishing feature of a parliamentary republic is the presence of the post of prime minister.

In the second half of the 20th century. mixed forms of government appeared, combining the features of presidential and parliamentary republics.

Forms of government

State structure- this is the internal national-territorial organization of state power, the division of the territory of the state into certain component parts, their legal status, the relationship between the state as a whole and its components.

Form of government- this is an element of the form of the state that characterizes the territorial organization of state power.

According to the form of government, states are divided into:

• Unitary
• Federal
• Confederation

Previously, there were other forms of government (empires, protectorates).

Unitary state

Unitary states- these are unified states consisting only of administrative-territorial units (regions, provinces, governorates, etc.). Unitary states include: France, Finland, Norway, Romania, Sweden.

Signs of a unitary state:

• the existence of a one-level legislative system;
• division into administrative-territorial units (ATE);
• existence of only one citizenship;

From point of view territorial organization state power, as well as the nature of interaction between central and local authorities, all unitary states can be divided into two types:

Centralized unitary states - characterized by the absence autonomous entities, that is, ATEs have the same legal status.

Decentralized unitary states - have autonomous entities, the legal status of which differs from legal status other ATEs.

Currently, there is a clear trend toward an increase in the number of autonomous entities and an increase in the variety of forms of autonomy. This reflects the process of democratization in the organization and exercise of government power.

Federal State

Federal States- these are union states consisting of a number of state entities (states, cantons, lands, republics).

The Federation imposes the following criteria:

• union state, consisting of previously sovereign states;
• the presence of a two-tier system of government bodies;
• two-channel taxation system.

Federations can be classified:

• according to the principle of formation of subjects:
  • administrative-territorial;
  • national-state;
  • mixed.
• on a legal basis:
  • contractual;
  • constitutional;
• on equality of status:
  • symmetrical;
  • asymmetrical.

Confederation

Confederation- a temporary union of states created to jointly solve political or economic problems.

The Confederation does not have sovereignty, since there is no common central state apparatus and a unified system of legislation.

The following types of confederations are distinguished:

• interstate unions;
• Commonwealth;
• community of states.

Political regime

Political regime- a system of methods, techniques and means by which political power is exercised and characterized politic system of this society.

The political regime can be: democratic And anti-democratic; state - legal, authoritarian, totalitarian.

Characteristics of the Russian state

Russian state is a democratic federal state with a republican form of government.

Russia includes 89 constituent entities of the Russian Federation: republics, territories, autonomous regions, regions, federal cities, autonomous districts. All these subjects are equal. The republics have their own constitution and legislation, the other subjects of the Russian Federation have their own charters and legislation.

In Art. 1 says: “The Russian Federation - Russia is a sovereign federal state created by the peoples historically united in it.”

The unshakable foundations of the constitutional system of Russia are democracy, federalism, republican form of government, and separation of powers.

Concept and basic provisions of constitutional (state) law

Constitutional (state) law is fundamental to the Russian Federation.

Constitutional law enshrines the principles, the basic starting principles that should guide all other branches of law. It is constitutional law that determines the economic system of the Russian Federation, the position of the individual, fixes the state structure of Russia, and the judicial system.

The main normative source of this branch of law is the Constitution of the Russian Federation, adopted by popular vote on December 12, 1993. The Constitution established the fact of the existence of Russia as an independent state, which, as is known, happened on December 25, 1991.

Fundamentals of the constitutional system enshrined in the first chapter of the Constitution. The Russian Federation is a democratic federal rule of law with a republican form of government.

The democracy of the Russian Federation is manifested primarily in the fact that a person, his rights and freedoms are declared by the Constitution to be the highest value, and the state assumes the responsibility to recognize, respect and protect human rights and freedoms. The democracy of the Russian Federation also lies in the fact that the power of the people is manifested during referendums and free elections.

Russia includes a number of equal subjects of the Russian Federation, each of which has its own legislation. This is the federal structure of Russia.

At the same time federal structure of Russia is based on the state integrity of the country and on the unity of the system of state power.

The Constitution emphasizes that federal laws have supremacy throughout the entire territory of Russia, and the integrity and inviolability of the territory of our country is ensured.

The legal nature of the state and law of Russia is manifested in the fact that all the main public relations, all rights and obligations of citizens must be determined by law and fixed primarily at the level of law. In addition, compliance with the law should be mandatory not only for individual citizens and organizations, but also for all government bodies, including the highest authorities and management.

The republican form of government in Russia is determined by the presence of three branches of government: legislative, executive and judicial. All of them are in mutual unity and at the same time control each other, ensuring equality of rights for the various branches of government.

The most important principles of the country's economic life are also enshrined in constitutional law. This is, first of all, the unity of the economic space, the free movement of goods, services and financial resources, support for competition, and ensuring freedom of economic activity.

Basis economic relations are the rules relating to property. In Russia, private, state, municipal and other forms of property are recognized and receive equal protection. This principle, which applies to property, also applies to one of the most important assets of the country - land. Earth and others Natural resources may be in private, state, municipal and other forms of ownership.

Ideological and political diversity has been proclaimed and implemented in Russia. Moreover, no ideology can be established as state or mandatory.

Russia is a secular state. This means that no religion can be introduced as a state or compulsory religion, and the church is separated from the state.

The Russian Constitution establishes the basic principles for constructing the legal system and legislation.

The Constitution of Russia has the highest legal force. She is the law direct action, i.e., it can itself be applied in practice and in courts.

All laws are subject to mandatory official publication, without which they are not used.

Any regulations (not just laws) affecting , cannot be applied unless they are officially published for public information.

Finally, since Russia is part of the community of states of the world, it applies generally accepted world principles and norms of law. Rules international treaty, in which the Russian Federation participates, are considered mandatory for use on the territory of Russia.

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There are about two hundred states in the world. They can be classified depending on the level of economic, political development, on the ideological, religious orientation, on the means by which they carry out international politics, etc. But even within the same group, having a single essence, the same tasks, states differ in their form.

When we talk about the form of a state, we mean its structure, which is manifested in the totality of its external features.

The form of the state is greatly influenced not only by economic forces, but also natural, climatic conditions, religious views, national characteristics, cultural level of the people, historical traditions, etc.

The form of a state includes three interrelated elements: the form of government, the form of government and the political regime.

The form of government characterizes the organization of state power, the system of supreme government bodies, as well as the order of their formation, relationships among themselves and with citizens.

Thus, in Nepal, all power belongs to the king; in Great Britain, the queen rules only formally, but in fact, the parliament and the government headed by the prime minister; The USA is a republic with a strong presidential power; In Italy, parliament plays a decisive role. However, with all the diversity of states, according to the form of government, they can be divided into two groups: monarchies and republics.

Monarchy(translated from Greek - the power of one) as a form of government can otherwise be called personal autocracy. It is distinguished by the following characteristics:

• the existence of a single head of state;
• the possession by the monarch of all power, which is supreme, indivisible and sovereign (independent);
• hereditary order of transfer of power;
• perpetual reign of a monarch;
• legal irresponsibility of the monarch.

There are unlimited (absolute) and limited monarchies.

An absolute monarchy is characterized by the absence of representative institutions of the people and the concentration of all state power in the hands of the monarch. He makes laws, appoints officials, controls the collection of taxes and spends them at his own discretion. The punitive function is also in his hands. A type of absolute monarchy is a theocratic monarchy (for example, Saudi Arabia, Qatar, Oman), which is characterized by the concentration of both state and religious power in the hands of the monarch.

A limited monarchy is divided into dualistic and parliamentary (constitutional) depending on the degree of limitation of the powers of the head of state.

In a dualistic monarchy, there are two political institutions: the royal court (the institution of the monarchy), which forms the government, and the parliament, which does not have any influence on the government, as, for example, in Russia before the revolution of 1917. The monarch has a strong influence on the parliament: he can veto on the laws it adopts, issue emergency decrees that have the force of law, or even dissolve parliament.

A parliamentary monarchy (sometimes called a constitutional monarchy) is characterized by limiting the power of the monarch in both the legislative and executive spheres. Despite the fact that formally the head of government and ministers are appointed by the monarch, the government is responsible not to him, but to parliament. The monarch here is a symbolic figure, a kind of tribute to tradition, rather than an authoritative one. He reigns, but does not rule (Japan, Sweden, Great Britain).

There are several systems of succession to the throne:

1. Castilian, adopted in Scandinavian countries, does not distinguish between men and women. The decisive factor in succession to the throne is not the gender of the heir, but seniority. Consequently, the presence of an eldest daughter in the monarch's family does not give the younger son the opportunity to become king;
2. Salic, allowing women to the throne only if the king has no sons. In other words, the younger brother precludes the older sister from taking the throne;
3. the Austrian one is the most stringent system adopted in Russia after the reign of Catherine II, allowing women to the throne only if there are no men left in the royal family.

Republic(in translation, from Latin - a public matter) as a form of government arose later than the monarchy and became dominant in the modern world.

The republic has the following characteristics:

1. governance is carried out collectively, that is, not by one person, but by a system of government bodies;
2. republican government is based on the principle of separation of powers into legislative, executive and judicial;
3. the people participate in the formation of power; During the election process, authorities may use various electoral systems, some less, others more democratic;
4. representative authorities and senior officials are elected for a certain term;
5. senior officials are responsible to the body that elected them or to the people.

In the practice of state building, two main types of republic are known.

Presidential republic characterized by the significant role of the president in the system of government bodies, combining in his hands the powers of the head of state and head of government. Since the president and government are elected extra-parliamentarily, these institutions of power in certain situations can politically oppose parliament. A presidential republic creates favorable conditions for the concentration of greater powers in the hands of the president, which stabilizes state power. Usually this is extremely necessary in transitional stages (Mexico), in states where monarchical traditions are strong (Romania), in situations that are not stable (Ukraine), during reforms (Chile), in states with a vast territory or multinational composition ( USA), in the presence of emergency events, such as war (Syria). Most of the listed factors are inherent in modern Russia, so the issue of choosing the type of republic here should be resolved, of course, in favor of a presidential republic.

Parliamentary republic characterized by the proclamation of the principle of the supremacy of parliament, to which the government bears full responsibility for its activities. The president's participation in the formation of the government is minimal: it is formed by the party that receives the majority in parliament. Although the president is formally vested with great powers, in practice he does not have a serious influence on the exercise of state power, as, for example, in Germany. A parliamentary republic is a less common form of government than a presidential republic. It exists in countries with developed, largely self-regulating economies (Italy, Finland, Turkey, etc.). There are not many countries like this in the world. Russia is still very far from introducing this form of government.

There are other types of republic: super-presidential, mixed (semi-presidential or semi-parliamentary) republic.

It should be noted that the form of government cannot be chosen arbitrarily. In many ways, it depends on the level of consciousness of people living in a given state.

Form of government is a legal characteristic of the state that determines the conditions of formation and the structure of the highest authorities, as well as the distribution of powers between them.

Form government makes it possible to understand:

How are the highest state bodies created and what is their structure;

How are relationships built between higher and other government bodies;

How the relationship is built between the supreme state power and the population of the country;

To what extent does the organization of the highest bodies of the state make it possible to ensure the rights and freedoms of citizens;

There are two main forms of government:

- monarchy(unity, heredity)

- republic(collegiality, election)

Monarchy- this is a form of government in which supreme power is exercised individually and is passed on, as a rule, by inheritance.

The main features of the monarchical form of government:

The existence of a single head of state who exercises his power for life (king, king, emperor, shah);

Concentration of all power in the hands of the monarch;

The lack of any responsibility of the monarch for how he governs the country;

Hereditary order of succession of supreme power;

There are two systems of succession to the throne : personal and family.

Under the personal system, the throne is inherited by a specific person, in advance defined by law. The personal system has several varieties:

a) Salic system - in which only men can be heirs (Japan);

b) Castilian (English) system - when the number of heirs can include both women and men. But men have an advantage (UK, Spain, Monaco, Portugal);

c) the Austrian (semi-Salic) system - in which women have the right to take the throne only if there are no men in all generations of the dynasty (Austria, Russian Empire, Greece, Bavaria);

d) the Swedish system, in which men and women inherit the throne on equal terms by primogeniture (Sweden (since 1980), Belgium, Denmark);

The essence of the family (clan) system of inheritance is that the monarch is chosen by the reigning family itself (often together with senior clerics) or the reigning monarch, but only from persons belonging to a given dynasty (Saudi Arabia).

Main types of monarchy:

Absolute (unlimited);

Dualistic;

Parliamentary (constitutional);

Absolute monarchy - This is a form of monarchy in which the power of the monarch is legally and actually unlimited by anyone or anything. In the absence of parliament, legislative power is concentrated in the hands of the monarch, whose decrees have the force of law. The executive power also belongs to him: the government is formed by the monarch and is responsible to him. An example of an absolute monarchy in the modern world is the Sultanate of Oman. In history, such countries were Russia XVII - XVII and France before the revolution of 1789.

Dualistic monarchy- This is a transitional form of monarchy, which is characterized by two centers of power, power is equally divided between parliament and the monarch. A dualistic monarchy is being formed in conditions of aggravation political struggle bourgeoisie and nobility, being a kind of compromise between them. Legislative power is actually divided between the monarch and parliament: no law can be passed without the approval of a representative body. However, the head of state remains in the hands of such effective levers of influence on the legislative branch, such as the virtually unlimited right to dissolve parliament, the right of absolute veto on its decisions, as well as the right to issue decrees that have the force of law during breaks between parliamentary sessions or during emergency situations. The monarch concentrates executive power in his hands, appoints and dismisses the government. There are no mechanisms for parliamentary control over the actions of the Cabinet of Ministers. The judiciary is vested in the monarch, but can be more or less independent. The Russian Empire was a dualistic monarchy in 1906-1917. German Empire in 1871-1918, Japan in 1889-1945. Some modern monarchies (Jordan, Morocco, Nepal) have certain features of dualism, but in their “pure” form dualistic monarchies do not exist in the world today.

Parliamentary monarchy(constitutional) is a form of monarchy in which the power of the monarch is limited in the legislative sphere by parliament, and in the executive sphere by the government (“the monarch reigns, but does not govern”).

The power of the monarch is limited in all areas of government;

Executive power is exercised by the government, which is responsible to parliament;

The government is formed from representatives of the party that wins the parliamentary elections;

The head of government becomes the leader of the party that has the majority of seats in parliament;

Laws are adopted by parliament, they are signed by the monarch, but this is a purely formal act, since he does not have the right of veto.

Legislative power belongs to parliament. The monarch has the right of veto over laws passed by parliament, but does not use it. Extraordinary decree legislation of the monarch is provided for, but is also not used. He cannot make laws. All acts emanating from the monarch are usually prepared by the government; they must be sealed (countered) by the signature of the head of government or the relevant minister, without which they have no legal force. The head of state exercises the right to dissolve parliament only on the recommendation of the government. Formally, he is the head of the executive power, although in reality it is exercised by the government. The Cabinet of Ministers is formed based on the results parliamentary elections the winning party or coalition. The government is responsible to parliament.

In a parliamentary monarchy, the king has no real power and does not interfere in politics, but this does not mean that he does not play any role in the state. His powers, which traditionally belong to the head of state (declaring a state of emergency and martial law, the right to declare war and make peace, etc.), are sometimes called “sleeping”, since the monarch can use them in a situation where a threat to the existing order arises. This is exactly what the King of Spain did in 1981, when he, being the constitutional commander-in-chief, played a decisive role in suppressing the putsch of right-wing officers who sought to restore fascist order in the country. The presence of a monarchy is considered one of the factors

internal stability state system. The monarch stands above the party and demonstrates political neutrality. In his addresses to parliament, he can raise problems that are important for the state, requiring legislative solutions and the consolidation of society. Parliamentary monarchies - Great Britain, Belgium, Japan, Denmark, Spain, Liechtenstein, Luxembourg, Monaco, the Netherlands, Norway, Sweden, Thailand, Nepal, etc.

Atypical forms of monarchy.

Elective monarchy- the king is elected for 5 years from among the hereditary sultans of 9 states, combines elements of a monarchy and a republic (Malaysia);

Collective monarchy- the powers of the monarch belong to the Council of Emirs of the seven federated emirates (United Arab Emirates);

Patriarchal monarchy- where the king is essentially the leader of the tribe (Swaziland);

British Commonwealth Monarchy- The head of state is formally the Queen of Great Britain, represented by the Governor General, but in reality all her functions are carried out by the government (Australia, Canada, New Zealand).

Of particular note theocratic monarchy - a form of monarchy in which the highest political and spiritual power in the state is concentrated in the hands of the clergy, and the head of the church is also the secular head of state (Vatican).

Republic- This is a form of government in which supreme power is exercised by elected bodies elected by the population for a certain period of time.

The main features of the republican form of government:

The people are recognized as the source of power;

Collegial (collective) principle of decision-making;

All supreme bodies of state power are elected by the population or formed by parliament (the principle of election);

State authorities are elected for a certain period, after which they resign their powers (the principle of removability);

Supreme power based on the principle of separation of powers, a clear delineation of their powers;

Officials and government bodies are responsible for their actions (principle of responsibility).

Currently, the republican form of government is the most common in the world. There are two main types of republican form of government:

Parliamentary republic

Presidential republic

Mixed Republic

Parliamentary republic- this is a form of republic in which the central place in the system of supreme bodies of state power is occupied by parliament, which forms the government and makes appointments to other senior positions.

The most essential feature of a parliamentary republic is that any government is only competent to govern the state when it enjoys the confidence of parliament.

Characterized by the following main features:

Executive agency state power is formed by parliament;

In a state there is a position of president, but real power belongs to to the Prime Minister;

There is no possibility of dissolving parliament;

The government is responsible to parliament. Manifests itself in a constructive vote of confidence to a vote of no confidence;

Parliament is vested with broad powers in the field of economic, social, political and external relations.

In such a republic, the government is formed only by parliamentary means from among the leaders of the party that receives a majority in parliament, and remains in power as long as it has the support of the parliamentary majority. The party leader heads the government. Parliament can, by voting, express a vote of confidence or a vote of no confidence in the activities of the government as a whole, the head of government (prime minister, chairman of the council of ministers, chancellor), or an individual minister. The government is collectively responsible to parliament for its activities.

Officially, the head of state is the president, who is elected either by parliament, the electoral college, or the direct vote of the people. However, he occupies a modest place in the system of government bodies: his duties are usually limited to representative functions, which are not much different from the functions of the head of state in constitutional monarchies. The appointment of the head of state by parliament is the main type of parliamentary control over the executive branch. The procedure for electing the head of state in modern parliamentary republics is not the same. In Italy, for example, the president of the republic is elected by members of both chambers at their joint meeting, but three deputies from each region, elected by the regional council, participate in the elections. In federal states, the participation of parliament in electing the head of state is also shared with representatives of the members of the federation. This is how the president is elected in Germany Federal Assembly consisting of members of the Bundestag, and the same number of persons elected by the Landtags of the states on the basis of proportional representation. Elections of the head of state in a parliamentary republic can also be carried out on the basis of universal voting rights, which is typical for Austria, where the president is elected for a term of six years.

The main function of parliament is legislative activity and exercising control over the executive branch. Parliament has important financial powers, since it develops and adopts the state budget, determines the prospects for the development of the country's socio-economic development, and resolves major issues of foreign policy, including defense policy. The parliamentary form of republican government is a structure of the highest bodies of state power that actually ensures democracy in public life, personal freedom, and creates fair conditions for human life, based on the principles of legal legitimacy. Parliamentary republics include the Federal Republic of Germany, Italy (according to the 1947 constitution), Austria, Switzerland, Iceland, Ireland, India, etc.

Presidential republic- This is a form of republic in which the head of state is a president, elected by universal suffrage and combining in one person the powers of the head of state and the head of the executive branch.

Characterized by the following main features:

The President is elected in general elections, thereby receiving his mandate from the people;

The president single-handedly forms the government. Often he leads it himself;

Extensive economic and external political powers.

The government's responsibility is to the president, not to parliament.

The President can be elected by popular vote, parliament or any institution (Constituent Assembly, Congress people's deputies and etc.). Once elected, the president in a presidential republic receives the following advantages: he cannot be recalled or re-elected without emergency circumstances provided for by the Constitution; enjoys the constitutional right to convene and dissolve parliament (subject to certain procedures); the right of legislative initiative; dominant participation in the formation of the government and in the selection of its head - the prime minister. He is the supreme commander in chief, declares a state of emergency, approves laws by signing them, often represents in the government, and appoints members of the Supreme Court.

The United States of America is a classic presidential republic. In accordance with the US Constitution, which is based on the principle of separation of powers, it is clearly defined that legislative power belongs to parliament, executive power to the president, and judicial power to the Supreme Court. The President of the United States is elected by the population of the country through indirect voting (elections) - through the Electoral College. The number of electors must correspond to the number of representatives of each state in parliament (congress). The government is formed by the president who wins the election, from persons belonging to his party.

Presidential uniform government in different countries has its own characteristics. In France, the president is elected by popular vote. The candidate who receives the absolute number of votes is considered elected. The same procedure for electing the president was established in Russia in 1991.

In civilized countries, a presidential republic is distinguished by a strong executive power, along with which the legislative and judicial powers function normally according to the principle of separation of powers. An effectively functioning mechanism of costs and balances that exists in modern presidential republics facilitates the harmonious functioning of authorities and avoids arbitrariness on the part of the executive branch.

A type of presidential republic is "Super-presidential republic".

Characterized by the following main features:

The powers of the head of state are unlimited;

The leadership of the state relies on law enforcement agencies and structures;

There is no procedure for removing the head of state;

This form of government is practically independent, weakly controlled by legislation and judiciary. This is a special conglomerate of a traditional form with semi-dictatorial management ( Latin America; Belarus; Turkmenistan).

Mixed (semi-presidential) republic - a form of government in which the features of parliamentary and presidential republics are combined and coexist. As in both presidential and mixed republics, the head of state is elected extra-parliamentarily, that is, by popular vote. The government is formed by the president based on the results of parliamentary elections and must receive a vote of confidence from the highest representative body. The government is headed by the prime minister. The Constitution establishes the government's dual responsibility: to parliament and to the president. In cases provided by law, the president has the right to dissolve parliament. Although the president in a mixed republic is the head of state, his powers to exercise executive power are limited by the government. Examples of mixed republics are France, Russia.

In all types of republican form of government, the president has the right of suspensive veto, which can be overridden by a qualified majority vote of parliamentarians. However, the head of state widely uses this right only in presidential and mixed republics.

Atypical types of republics:

Theocratic republic - a system of government in which important public affairs are decided by divine instructions, revelation, or laws. According to another definition, a political system in which religious figures have a decisive influence on state policy (Iran, Afghanistan).

Presidential monocratic (unique) republic- some African countries are characterized by a peculiar form in a one-party political regime, the leader of the party was proclaimed president for life, the parliament had no real powers (Zaire, Malawi).

Republic of Soviets- for a long time in domestic legal science, a special form of republic was considered . Its signs were: class character(dictatorship of the proletariat and the poor peasantry); lack of separation of powers, with the absolute power of the Soviets; strict hierarchy of the latter (binding decisions of higher Councils for lower ones). The right to recall council deputies by voters before the expiration of their term of office (imperative mandate); a real redistribution of power from the sporadically meeting Soviets in favor of their executive committees. But the collapse of the socialist system in the USSR led to the establishment of a mixed type of republic in our country.

In modern civilized society, there are no fundamental differences between forms. They are brought together by common tasks and goals.

3. Form of government: concept and types.

Form of government - this is the way territorial structure state, which determines the order of relationships between central, regional and local authorities.

In contrast to forms of government, the organization of the state is considered from the point of view of the distribution of state power and state sovereignty in the center and locally, and their division between the constituent parts of the state.

The form of government makes it possible to understand:

What parts does the internal structure of the state consist of?

What is the legal status of these parts and the relationship of these bodies;

How are relations between central and local government bodies built?

In which state form the interests of each nation living in this territory are expressed.

There are the following main forms of government:

- unitary state;

- federal state;

- confederal state(Lazarev V.V.; Malko A.V.)

Unitary state- is a simple, unified state, parts of which are administrative-territorial units that do not possess signs of state sovereignty. The territory of a unitary state is directly divided into administrative-territorial units that do not have any political independence. However, in the economic, social and cultural spheres their powers can be quite broad.

A unitary state is characterized by the following features:

The state apparatus is a unified structure throughout the country. The competence of the highest state bodies is neither legally nor actually limited by the powers of local bodies;

Citizenship is single; administrative-territorial entities do not have their own citizenship;

There is a unified legal system. There is one constitution, the rules of which apply throughout the country without any exceptions;

Local authorities are obliged to apply all regulations adopted by central authorities. Their own norms are of a purely subordinate nature and apply only to the relevant territory;

A unified judicial system administers justice throughout the country, guided by general legal norms. Judicial bodies are parts of a single centralized system;

The tax system is single-channel: taxes go to the center, and from there they are distributed among the regions;

Has unified armed forces, which are led by central government bodies;

Main types of unitary state:

Centralized;

Decentralized;

Centralized unitary state(simple) - a small territory, the presence of a single constitution and uniform legislation, real power on the ground belongs to officials appointed from the center who control the work of local governments (France; the Netherlands; Norway).

Decentralized unitary state(complex) - within the territory of the state there are autonomous entities, only elected bodies or officials exist locally (Ukraine; Turkmenistan; Italy).

A unitary state, on the territory of which small nationalities live, allows the formation of autonomies. Autonomy - this is the internal self-government of regions of the state that differ in geographical, national, and everyday characteristics (Crimea in Ukraine, Corsica in France, the Azores in Portugal).

There are two forms of territorial autonomy:

- administrative (local)

- political (legislative).

IN political autonomy its bodies have the right to issue local laws on strictly defined issues, precisely stated in the constitution or other laws of the state. Autonomy of this kind exists, for example, in Finland (Aland Islands, inhabited mainly by Swedes).

Administrative autonomy does not have the right to issue its own local laws (it can only issue decrees and other regulations), however, compared to ordinary administrative-territorial units, it is endowed with some additional rights (for example, in China such autonomies can participate in foreign economic relations with other states).

In some countries, where nationalities do not live compactly, but scattered, they are creating national-cultural autonomies. Such autonomies are extraterritorial in nature. Representatives of a certain nationality of these autonomies create their own elected bodies, sometimes send their representative to parliament, and have their own representation in the government of the state. They are consulted when resolving issues related to language, life and culture.

Federation- representing a complex union state that arose as a result of the unification of a number of states or state entities with relative political independence.

The federal government structure is heterogeneous. In different countries it has its own unique characteristics, which are determined by the historical conditions of the formation of a particular federation and, above all, by the national composition of the country's population, the uniqueness of the life and culture of the peoples included in the union state.

A federal state is characterized by the following features:

The territory of the federation includes the territories subjects of the federation, who have their own Administrative division. Subjects of the federation have partial sovereignty and a certain political independence.

Two levels of the state apparatus: federal and federal subject level. The parliament has a bicameral structure, with one of the chambers reflecting the interests of the subjects of the federation and in its formation the principle of equal representation of all subjects of the federation is used, regardless of the size of the population living on their territory.

Citizenship is dual: each citizen is a citizen of the federation and the corresponding subject of the federation.

There are two legal systems: the federal system and the system of federal subjects. The latter has the right to adopt its own constitution. The principle of hierarchy of laws has been established: the constitution and laws of the constituent entities of the federation must not contradict federal legislation.

Along with the federal judicial system Subjects of the federation may have their own courts. The Federal Constitution establishes only general principles of the judicial system and legal proceedings.

The tax system is two-channel: along with federal taxes going to the federal treasury, there are also taxes from the constituent entities of the federation.

The federal government system is characterized by the USA, Germany, Russia, India, etc.

Distinctive features federations:

1. Large territory;

2. Multinationality;

3. Lack of a unified legislative system;

4. There may be no single constitution;

5. Subjects are endowed, within their competence, with sufficient powers.

Main types of federation:

National-state;

Administrative-territorial;

Symmetrical;

Asymmetrical;

Negotiated;

Constituent;

National-state- usually take place in a multinational state, and its creation is determined by national factors. Subjects in such a federation are formed on a national-territorial basis (partially in the Russian Federation).

Administrative-territorial- as a rule, they are based on economic, geographical, transport and other territorial factors (Germany, USA, etc.).

The main difference between a territorial and a national federation lies in the varying degrees of sovereignty of their subjects. The central government in territorial federations has supremacy over the highest government agencies members of the federation. Nation state limited to the sovereignty of national state entities.

Symmetrical federations– all subjects have the same legal status and enjoy the same powers.

Asymmetric federations– subjects have different legal status.

Treaty federations- are created as a result of the free association of a number of states and state entities, enshrined in an agreement (USA, USSR).

Constituent federations- arise as a result of the transformation of unitary states or treaty federations, they themselves create their own subjects within themselves, endowing them with part of the sovereignty (Russian Federation).

One of complex issues federation is the question of the right of nations to self-determination and secession from the federation (the right of secession). Secession - This is a unilateral withdrawal of a subject of the federation from its composition. In the vast majority of modern federations, this right is not constitutionally enshrined (Ethiopia is an exception). However, in the Constitution of the USSR of 1977, the union republics had such a right, which was the formal basis for their secession in 1990-1991.

After the Second World War, a new form of territorial-political structure emerged, which differs from both a complex unitary state with autonomy and a federation. The territory of such a state consists of autonomous entities that have the right to pass local laws, but the scope of local legislation is clearly outlined in the constitution and controlled by a special representative of the center. However, unlike a federation, they do not have joint competence with central authorities. Lawyers call this Regionalistic and consider this form as transitional from unitarism to federalism.

Confederation is a permanent legal union of sovereign states created to ensure their common interests.

Some legal scholars identify this type as a form of government . But they do not form this interstate association of sovereign states and a new state.

The Confederation is characterized by the following features:

It does not have its own territory - it consists of the territories of its member states.

The subjects of the confederation are sovereign states who have the right to freely withdraw from its composition.

This union forms central authorities, which are vested with powers delegated to them by the member states of the confederation. These bodies do not have direct power over the states that are part of the confederation. Their decisions are made on the principle of unanimity and are carried out only with the consent of the authorities of the relevant states. Confederate bodies can adopt regulations only on those issues that fall within their competence. These acts do not apply directly on the territory of the member states of the confederation and require ratification by their parliaments.

There is no nationality in the confederation: each member state has its own nationality.

There is also no unified judicial system.

The confederation's budget is formed from voluntary contributions from member states of the confederation; there are no taxes.

The last existing confederation was Serbia and Montenegro (Serbia + Montenegro, 2003-2006).

In recent decades, many forms of economic, political, cultural and other unification of states have emerged in the world: commonwealth, community, etc. These include the European Union, which was previously called the Economic Community, then simply the Community. As a result of strengthening integration processes, this association is evolving towards a confederation.

After the collapse of the USSR, the Commonwealth of Independent States (CIS) arose in its geopolitical space. Today the CIS includes 12 members - former Soviet republics. Another example of a supranational association is the British Commonwealth of Nations, consisting of England and its former colonies. It was formed after the Second World War as a result of the collapse of the British Empire.

Atypical forms of government:

Union(“monarchical union”) is a union (community) of states headed by one monarch. The international significance of the union is not great; the union has a more noticeable effect on the state, but on the form of government. Political significance also not noticeable, but appears in the event of war. Participants in the union retain their statehood, and the sovereignty of their monarch increases. One person becomes the owner of the sovereign rights of several states. There is a personal union and a real union, differences in the conditions of participation and withdrawal from them (Australia, New Zealand, etc.).

Protectorate- one side recognizes the supreme sovereignty of the other, primarily in international relations, maintaining autonomy in internal affairs and its own dynasty of rulers (Georgia in 1786-1801 under the patronage of Russia; Bahrain, modern Botswana, was a British protectorate.)

Empire- a hereditary unification of states, carried out either by conquest or by creating another type of pressure (economic; political). But there is also voluntary (negotiable) entry into the empire; this happens when the people of a state are threatened with destruction by another state (Russian Empire; Byzantine Empire; France under Napoleon; Third Reich).

The concept of “form of government” (or simply “form of government”) answers the question of who “rules” in the state, that is, who exercises the highest (supreme) power in it.

Characteristics of the form of government require paying attention to the following points:

The structure of the highest bodies of state power (their composition, competence, principles of interaction);

The nature of the relationship between the highest state authorities and other state bodies and with the population;

Order of education;

The degree of participation of the population in the formation.

There are two main forms of government - monarchy and republic.

Monarchy - autocracy, autocracy (from the Greek "monos" - one and "arche" - power, that is, "monarchy") - a form of government where all supreme power for life belongs to one person - the monarch (pharaoh, king, king, shah, the sultan, etc.), who inherits it as a representative of the ruling dynasty, acts as the sole head of state and is not responsible to the population for his governmental actions.

Typical features of a monarchical form of government:

a) the existence of the sole bearer of supreme state power;

b) dynastic inheritance of supreme power;

c) lifelong ownership of power by the monarch: the laws of the monarchy do not provide for the removal of the monarch from power under any circumstances;

d) the power of the monarch appears as non-derivative from the power of the people (power is acquired by the “grace of God”);

e) the lack of legal responsibility of the monarch for his actions as head of state (according to the Military Regulations of Peter I, the sovereign is “an autocratic monarch who should not give an answer to anyone in the world about his affairs”).

The form of government depends primarily on the type of society. The monarchy arose in a slave society. Under feudalism, it became the main form of government. In states of the bourgeois type, only formal features have been preserved monarchical rule. At the same time, the monarchy is a very flexible and viable form of government, which undoubtedly has a number of positive qualities that have not lost their significance in modern times. Thus, in 1975, the people of Spain spoke in a plebiscite in favor of establishing a monarchy. Monarchical sentiments also exist in modern Russia.

In the historical aspect, monarchies can be divided into ancient oriental despotisms based on the Asian mode of production (Babylon, India, Egypt), ancient slaveholding (for example, the ancient Roman monarchy), feudal (early feudal, estate-representative, absolute).

From the point of view of the complete power of the monarch, we can distinguish such types of monarchy as absolute (unlimited) and constitutional (limited).

Under the conditions of an absolute monarchy as a form of government, the monarch by law has all the fullness of the supreme state power - legislative, executive, judicial. In such a state there is no parliament - legislature elected by the population; there are no constitutional acts limiting the power of the monarch. An example of an absolute monarchy currently is Saudi Arabia. The Russian Empire was such a monarchy for a long time (before the tsar issued laws in 1906). Absolute monarchy inherent in an authoritarian regime.

A constitutional monarchy is a form of government in which the power of the monarch is constitutionally limited representative bodies. Constitutional monarchy arises during the formation of bourgeois society and currently exists in England, Denmark, Belgium, Spain, Norway, Sweden, Japan, etc. States of this form of government function in a democratic regime.

A constitutional monarchy can be dualistic and parliamentary. In a dualistic monarchy, the organization of the highest bodies of state power is dual in nature: the monarch concentrates executive power in his hands, forms a government responsible to him, and legislative power belongs to parliament. (At the same time, however, the monarch has the right to impose an absolute veto on laws passed by parliament.) Such a monarchy was, for example, royal Russia after the creation of the Duma. Currently - Morocco, Jordan, Kuwait, Bahrain and some other countries. Practically dualistic monarchy as a form of government has become obsolete.

The parliamentary monarchy is characterized by the following features:

a) the power of the monarch is limited in all spheres of state power, there is no dualism of any kind;

b) executive power is exercised by the government, which, in accordance with the constitution, is responsible to parliament and not to the monarch;

c) the government is formed from representatives of the party that won the elections;

d) the head of state becomes the leader of the party with the largest number of seats in parliament;

e) laws are passed by parliament, and their signing by the monarch represents a formal act.

A typical example of a parliamentary monarchy is Great Britain.

The republican form of government is more widespread than the monarchy in the modern world.

A republic (from the Latin “res publica” - a public matter, a nationwide one) is a form of government in which the highest state power is exercised by collegial elected bodies elected by the population for a certain term.

The republican form of government is characterized by the following features:

a) election of the highest bodies of state power and their collegial (collective) nature;

b) the presence of an elected head of state;

c) election of bodies of supreme state power for a certain period;

d) the derivative of state power from the sovereignty of the people: “res publica est res populi” (“the state is a matter of the whole people”);

e) legal responsibility of the head of state.

A modern republic can be presidential or parliamentary.

A presidential republic is characterized by:

a) the combination in the hands of the president of the powers of the head of state and government (USA, Argentina, Brazil, Mexico);

b) the president is elected by the population or its representatives in elections (electors);

c) the president independently (parliamentary control is not excluded) forms the government, and it is responsible to the president, and not to parliament;

d) the president is endowed with powers that largely allow him to control the activities of the highest legislative body (the right to dissolve parliament, the right of veto, etc.), and to assume the functions of parliament in emergency cases.

A typical example of a presidential republic is the United States.

Home distinctive feature Parliamentary republic is the principle of political responsibility of the government to parliament. In general, it is characterized by the following features:

a) supreme power belongs to parliament, elected by the population;

b) the president is the head of state, but not the head of government;

c) the government is formed only by parliamentary means from among the deputies belonging to the ruling party (having a majority of votes in parliament) or to a party coalition;

d) the government is responsible to parliament;

e) the president is elected either by parliament or by a special board formed by parliament;

f) the presence of the position of prime minister, who is the head of government and leader of the ruling party or party coalition;

g) the government remains in power as long as it has the support of the parliamentary majority (in bicameral parliaments - the majority of the lower house), and if it loses such support, it either resigns, which means a government crisis, or through the head of state seeks the dissolution of parliament and calling early parliamentary elections;

h) the president, as the head of state, promulgates laws, issues decrees, has the right to dissolve parliament, appoints the head of government, is the commander-in-chief of the armed forces, etc.

The parliamentary republics are Italy, Germany, Greece, Iceland, India, etc.

Some countries are classified as “semi-presidential” (presidential-parliamentary) republics (France, Finland, Russia).

The form of government of a totalitarian state is called a “perverted form of republic” or a “partocratic” republic, which has all the features of a totalitarian organization.

The history of the formation of the republican form of government also knows such varieties as democratic (Athenian Democratic Republic) and aristocratic (Spartan, Roman). There were also feudal city-republics, which, as a result of strengthening their power, moved from city self-government to state sovereignty. Such city-republics were Florence, Venice, Genoa - in Italy, Novgorod and Pskov - in Russia. There were also free cities in Germany, France, and England.