the organization of higher state authorities, the order of their education, their relationship between themselves and with the population, the degree of participation of the population in their formation. It is customary to distinguish between two F.P. - Monarchical (monarchy) and republican (republic).

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FORM OF GOVERNMENT

the procedure for organizing public authority, including a method for the formation of higher and local state bodies and the procedure for relations between them and with the population. Depending on whether the power is carried out by one person or belongs to the collective electoral body, the monarchical and republican f.p. (See Monarchy, Republic).

With monarchical F.P. The carrier and the source of state power, according to the current laws, is the monarch. With the Republican - elected body.

At the present stage of the development of society and the state, there are two species monarchies - dualistic and parliamentary. A characteristic feature of the dualistic monarchy is the formal legal separation of state power between the monarch and parliament. The executive power is directly in the hands of the monarch. Legislative - Parliament. The latter, however, actually obeys the monarch. The parliamentary monarchy is characterized by the fact that the status of the monarch is formally and actually limited in all areas of state power. Legislative power is fully owned by parliament. Executive - the Government, which is responsible for its activities to parliament. The participation of the monarch in the formation of the government is purely symbolic. Examples of the parliamentary monarchy can serve as the United Kingdom, Holland, Sweden, etc.

Modern republics can be divided into two types: presidential, whose feature is the connection in the hands of the president of the powers of the head of government and the state, and parliamentary, for which a rather weak power of the president is characteristic. A feature of the parliamentary republic is also the presence of the post of prime minister, which performs both the functions of the head of government and the leader of the ruling party or party coalition.

Examples of the Presidential Republic can serve as Argentina, Brazil, USA, parliamentary - Greece, Germany.

The intermediate view between the parliamentary and presidential republic is the semipal republic (see the republic of a mixed type). Such a republic exists in France, Portugal, Poland and a number of other countries.

RF - Presidential Republic. According to the Constitution of the Russian Federation, the President as the head of state determines the main directions of the country's internal and foreign policy, solves the nodal personnel problems, represents the Russian Federation and in international relations, appoints elections in the State Duma, dissolves it in cases and procedure provided for by the Constitution, assigns a referendum, has the right to legislative initiative.

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Ticket 13 Question 1 Organization of power and social norms of primitive society.

Social power and norm of primitive-communal system

To protect against the external environment and co-mined, primitive people created associations that were unstable and could not provide the necessary conditions for survival. Economy in primitive community associationscharacterized by the assignment form, as the mined foods were distributed equally and ensured the minimum needs of its members.

Primary association of organizing people- Rod, in which the relationship of his members had a bloodworm character. With the development of life, childbirth was combined into the tribes, the unions of the tribes.

At the head of the births were leaders and eldersthe behavior of which was an example for others. In the daily life of the leaders and elders of the genus were recognized as equal to among the equal. General Meeting of the entire adult populationrecognized with the highest power, which also possessed both the judicial function. Relations between tribes were regulated council of Elders.

Over time, the association of people began to need social regulation, as before them became the need to coordinate activities that would be aimed at a certain purpose and would ensure their survival. In the early stages of primitive-communal system man's behavior was regulated at the level of instincts and physical sensationsestablishing numerous prohibitions

in the form of spellings, vows, rods and taboos, as the primitive society did not know the norms of morality, religion and rights.

The main forms of the norms that have been regulated by the behavior of people in the primitive community strictly:

1) myth (Epos, legend, legend)- Artistic and imaginary or immemberment form of information on forbidden behavior or necessary behavior. Information transmitted through the myth acquired the nature of holiness and justice;

2) custom- Transfer of regulatory and behavioral information from generation to generation. In the form of customs, the behavior of people behavior in socially significant situations, expressing the interests of all members of society. According to its content, customs could be moral, religious, legal, as well as include simultaneously moral, religious and legal content. Customs regulated all areas of activity in primitive society. Their strength was not in coercion, but in the habit of people to be guided and follow the custom. Subsequently, in society, customs began to be used in conjunction with the norms of morality and religious dogmas;

3) ritual- a set of actions that were committed consistently and had a symbolic nature;

4) religious ritual- A set of actions and religious signs aimed at symbolic communication with supernatural forces.

Ticket 13 2 Release of the Board: Concepts and types.

Form of Public Management: Concept and Types

Form of government- organization of higher state power, the procedure for the formation of higher state bodies and their relationship with the population.

Types of Board forms:1) monarchy,in which all state power is concentrated in one person - a monarch performing both the functions of the head of state, legislative and executive power, as well as controlling justice and local self-government.

Signs of the monarchy:

a) the presence of the sole chapter of the state;

b) the transfer of power to the inheritance to representatives of the ruling dynasty;

c) the exercise of the supreme power is solely, life and indefinitely;

d) the lack of a specific legal responsibility of the monarch for the results of its activities.

Types of monarchy:

but) absolute(unlimited), in which all of the fullness of state authorities belongs to the law to one person - a monarch (in Saudi Arabia, Oman, Qatar, Bahrain);

b) constitutional(limited), in which the power of the monarch is limited to other high authorities:

– parliamentary- Power is carried out by the government formed by Parliament from representatives of the victim in the election of the party, and the commandments of the monarch acquire legal force only with the consent of the relevant minister, which is a member of the government (in England, Denmark, Belgium, Japan, etc.); - dualistic- all state power is divided between the parliament and the formed by the monarch of the government (in Morocco, Bhutan, Jordan, etc.); 2) republic,in which the people of state power are transferred to elective bodies who perform their functions together with the executive and judicial authorities.

Signs of the Republic:

a) the formal legal recognition of the people as a source of power;

b) transfer by the people of state power to the collegial body of the Board;

c) separation of authorities to legislative, executive and judicial branches;

d) replacing and election of representative power;

e) accountability and responsibility (legal and political) power for the results of its activities.

Types of republics:

but) presidential- Power is distributed among the president and parliament (in the US, Mexico, Argentina);

b) parliamentary- Parliament (in Germany, Italy, India) has all the power;

in) semoupresident and semi-parliamentaryrepublic (France, Finland).

Also allocate mixed forms of the reign of the republic and the monarchy (Malaysia), the absolute and limited monarchy (Kuwait).

Ticket 14 Question 1 Decomposition of the primitive-communal system and the emergence of the state. Decomposition of the primitive communal system and the emergence of the state

The development of social production could not stop at the primitive level. The next evolutionary stage is associated with the transition from the assignment farm (hunting, fisheries, the collection of fruits) to the producing - cattle breeding I. Plumber (arable) agriculture. This process, according to archeology I. Ethnography, began 10-12-thousand. years ago and lasted from different peoples - several millennia. He received the name of the Neolithic Revolution , Since it happened in the era of the late Neolithic (new stone century), at the turn of the transition to the era of bronze, when a person learned to pay and use the downloaded "soft" colored metals - copper, tin, bronze, gold, silver, and then iron. These stages, as well as mastering the culture of agriculture and cattle breeding, including selection, passed all the tribes and peoples that joined the path of development of civilization. eight

With the advent of fundamentally new productive forces, major social consequences were associated. Referring to the economic consequences, F. Engels, in accordance with the Marxist concept, noted the emergence of the private property of individual families and major public division of labor, the first of which he called the release of the shepherd tribes from the entire mass of the barbarians. nine

Modern ethnographers and archaeologists at least in the Neolithic Revolution are discharged development B. IV-III millenniums AD Agriculture, which gave in the districts of the Middle East and ancient Egypt, an incredibly high grain yields. This causes the rapid growth of the population of small Asia, two-frequencies, the valleys of the Nile, the Mediterranean, a number of other European regions. With the development of agriculture in the I-II centuries. BC. And the first millennium AD. The increase in the population of mesocamerics and the flourishing of early rasmalelalectric crops at the Maya tribes, Aztecs, Incans, Mexican Indians (I-II centuries BC was associated with the (I-II century. BC).

From the point of view of modern historical science and ethnography, the neolithic revolution was possible not only due to the appearance of cattle breeding. It was the transition to arable farming to the highest least contributed to the rapid progress of the economy (including cattle breeding), the growth of the population, the development of crafts, art, the emergence of the first cities, writing and other achievement of material and spiritual culture. The culture of the most ancient societies of the transition to civilization was the name of the early-siselalectory culture. 10

The main consequence of the Neolithic Revolution was the growth of wealth: agriculture and cattle breeding made it possible to obtain an excess of the product (the surplus product), which could not provide an assigning farm. On this basis there was a regular exchange of products between tribes, which gave the opportunity to accumulate new wealth, which previously, with natural economy, were unavailable. Excess the products of production also created the ability to attract additional workforce required to care for livestock and field processing. Such labor was supplied by war: prisoners of war began to turn into slaves, as a result of which "the first major separation of society into two classes - gentlemen and slaves, exploiters and exploited" appeared. eleven

Here, however, refinement is required. Not everywhere and not always slavery became the basis of the farm of the early-siselalectile (including cattle) societies. In the ancient Sumer, Egypt and in many other societies of the Basic Enthera Related Economics, the work of free ordinary, communities served , And the property and social differentiation developed in parallel with the functions of the management of agricultural work (especially with irrigation agriculture) and the distribution of products in the form of the creation of an accounting device and administrative functions in the face of scribes, crop guardians, etc. An important place was occupied by military functions in such differentiation, the execution of which led to division at military leaders, chiefs of friends and ordinary warriors. At the same time, the formation of priests that had a large spiritual and cultural influence on society took place. Finally, thanks to the development trade I. Crafts arose class (strata) of merchants, artisans and urban planners.

Ranneselylectile societies were associated with the emergence of state cities where the main agricultural population fell into dependence on urban centers, which focused not only the craft and trade, but also managerial, military and spiritual to know. Therefore, the most ancient view of the social differentiation of the Company was not division of slave owners and slaves, but a socio-functional stratification for unequal groups and layers of society. Such stratification in the form of division on closed caste (Varna, class, etc.) with deep antiquity was consecrated by religions and existed not only in the state, but also in the community strictly of the early-siselacial societies of the Ancient East, Mesoamerics, India, as well as Scythians, Persians , other Eurasian tribes 12. Slavery in these societies was originally palace, or family, character I. Only later used in production (for example, during the construction of cities and temples).

The main workers of the population were ordinary communities who were lower castes and felt petach. In addition to processing their posts of land and cattle breeding, they performed public works on land irrigation, served by ordinary warriors.

Nevertheless, the overall conclusion that the manufacturer as its growth and improvement led to public division of labor, to social, including class, differentiation, to the property bundle of the population on the rich and poor, on the Lords and slaves or servants, Non-equivalent caste, remains faithful for the transition period from the generic system to the first civilizations. Gradually, the peoples of antiquity (ancient Greece, ancient Rome, Troy, Carthage and other antique policies) division on free and slaves has become the main one. In the first millennium AD. In Europe, the decomposition of the generic system led to the emergence of feudal formation.

Another important social consequence of the Neolithic Revolution was the transition from the generic community to individual families and the neighboring (peasant) community.

F. Engels called the greatest revolution of the coup in the genitalian, which led to the replacement of the matriarchate patriarchy. Occupation cattle breeding I. Agriculture has already become possible not yet. native, and individual families. Family (most. Peoples she. Consisted of representatives of two or three generations) could well feed and put himself. Therefore, the Public property of the Motherhood passes gradually to the private property of individual families who have become independent economic units. At the same time, the head of the family and the owner of the main means of production - livestock, guns of agriculture and products of the new production - becomes the main worker - shepherd and plower, man. In a large family community, the domination in the house, up to full power over the woman and children, passes towards her patriarchal chapter - a senior in the family. The property and power are inherited by the male line, from the Father - to the eldest son on the right of the birthright (in Slavs - to the elder, with the consent of all sons) 13. Thus, the transition to private ownership of families was not only fixed, but also established inequality among members of the patriarchal community family. It was a fatal crack in the generic stroke.

The emergence of the state in different peoples was caused by a number of others, in addition to social and economic, reasons.

The generic community was based on personal corporate relationship. The genus and the tribe had their territory, and to live on it and enjoy the rights of the community member only members of the family. "Frames" could only use hospitality or should have been taken into generic, blood fraternity. With the development of producing farms and exchange in the territory of the genus and the tribe, merchants, artisans, navigators and other alien, participating in the economic circulation, inter-barded connections have become increasingly often. Many of them began to settle in cities.

This stage of evolution is characterized by the resettlement of various peoples. As a result, in one territory, heated groups were settled, whose mutual interests could not be regulated by the customs of the generic system, which knew only blood bonds. Meanwhile, the interests of the "supplied" population and the members of the genus are closely intertwined, without which the trade was impossible in which the population was interested, there was no dispute resolution. New conditions demanded a new territorial organization covering the right and obligations of both the indigenous population and the supplied.

The transformation of the former generic community to the neighboring (peasant) is associated with this general-year interest. Such a community, like the genus, consisted of several families. But in contrast to the family, the family was the owner of their property (for example, livestock, buildings) and product of labor (for example, harvest). The neighborhood (peasant) community, being a social organism, served as the organization of common affairs (for example, joint use of land, irrigation, deforestation). But she herself was no longer the owner of the property and product of labor. The neighboring community developed diverse relations of mutual assistance, donation, services not related, however, with public property that existed in the generic community.

One of the most important social conditions for the transition from the generic building with its public authority to the state is the increased importance of wars and military organization tribes during the formation of early-siselectory and early refortel societies. In connection with the growth of the public wealth of the war between the tribes, they were carried out mainly with the purpose of robbery and became a means of constant enrichment by capturing livestock and slaves. However, the military organization served to protect his own interests tribes.

In the period under review, processes are activated migration B. Searches for the best territory and for its conquest. These processes are known in Europe, in particular in the Middle Eastern Plain, in Asia (for example, the conquest of Ariyev in India), in the Mountain Peru, where the conquest of the Inics of other tribes occurred. In such conditions, not only the conquest, but also the Military Organization of the tribes contributed to the gradual transformation of the bodies of public power tribes to the military democracy bodies in the form of elected military leaders, squads, the troops in parallel the power of military leaders, Bazilev, Rex, the Orange and Scythian "kings" . They received significant privileges not only for the best stake of production, but also to the Supreme Power, applying for the transfer by inheritance, to the priority to the People's Assembly, by that time turned into a collection of squads, troops. In their hands, the power of the Supreme Priest (Egyptians, Babylonian, Sumerov, Scythians), Supreme Judge, was gradually focused.

Military life contributed to the unification of related tribes into a single people. This, in turn, led to usurpation by one of the military leaders (kings) of the most severe tribe of the authorities of the leaders of other tribes. So there was becoming the formation of statehood in ancient Egypt, Akkada, the Scythians, the Mayan and Inca tribes in Mesoam Erik. Therefore, we can say that wars and strengthening of the military organization influenced the nature of the power tribes that turn into a single people in some cases not only contributed to the formation of classes or stratification of the Company, but also initiated these processes.

A significant impact on the process of occurrence of statehood, especially the most ancient peoples, has provided religion. Religion played a big role in the unification of individual clans and tribes into single peoples. In primitive society, every kind was worshiped with his pagan gods, had her "Totem" (his "idol"). In the period of association, tribes, religious norms contributed to strengthening the authorities of the "kings", Bazilevs, Supreme (often military) leaders. The dynasties of the new ruler sought to unite the tribes with common religious canons. Artyhasaster had such importance in ancient India, the cult of the Sun and God of Osiris in ancient Egypt, the cult of the patronage of the greek polishes, etc. There was a gradual adaptation of religious standards to consolidate the supreme power of the dominant tribes in the Indians Maya and Inca, the Scythians. This power was associated with the transfer of her from the gods and was fixed first by the extension of the elected period, and then - for life and hereditary (for example, the genus of the Inca).

Thus, recognizing the primary importance of production progress, as well as the property and social, including class, differentiation as the causes of the transformation of the primitive-communal system in civilized societies. And the birth controllers in the state, modern science cannot assume that the conditions and conditions are exhausted by these factors - Then the emergence of the state. The latter should include the transformation of the generic community into individual families and rural communities, the transition to the territorial organization of the population, as well as the strengthening of wars and military organization tribes, the influence of religion to unite the tribes into a single people and to strengthen the Supreme Tsarist state power.

The form of state reign is the system of higher gossi authorities. This concept includes the structure of their formation and the procedure for the distribution of powers between them. Monarchy and the Republic are the main forms of government.

The first - monarchy is characterized alone (or almost sole) by power. With such a system, power is usually inherited.

The origin and development of the monarchical form of state administration was held in the conditions of a slave-ownership. In the feudal period, this system has become the main one. It is believed that the most ancient monarchical dynasty in the world is Japanese.

The classic monarchy is endowed with the following basic characteristics:

The presence of the sole chapter of the state, endowed with the authorities and I use it for life (Pharaoh, Sultan, Emir, Shah, Emperor, King, King);

Implementation of the continuity of the power of hereditary order;

The presence of legal irresponsibility at the monarch (the inability to apply to the head of the state of the impeachment process (accusations)). It should be noted that in history there is quite a lot of examples, both conspiracies against monarchs and the creation in the country in order to overthrow the self-adjustment.

They call such a form of government, in which all the supreme power in accordance with the law belongs to a fully one person.

With the constitutional autocracy, the authorities of the head of state are largely limited to a representative body. As a rule, such restrictions defines the constitution, which, in turn, approves the Parliament. Change the constitution is not entitled.

In allocate dualistic and parliamentary forms of state reign.

Under the parliamentary system of government, the formation of a government comes from representatives of a particular party (or several parties), which most votes received in the elections. The head of state is the leader of the party that has the largest number of deputy places. For the parliamentary form of state reign, the lack of the monarch of the actual authority in the judicial, executive and legislative field. With such a system, parliament takes legislative acts, the head of state formally signs them. The Constitution provides for government responsibility not before the self-container, but before parliament. This public administration system exists, for example, in Denmark, Belgium, Great Britain.

It has a dual character. The actual and legal is carried out in the government, which is formed by the Parliament and the monarch.

The republic is called the form of government in the state, in which election bodies carry out the supreme power. Elected these bodies with the population for a prescribed period.

The general features of such a form of state reign include:

The presence of a collegial or sole chapter of the state;

The election of the supreme authorities (including the heads of state) for a certain period;

Implementation of management (power) on behalf of the people, and not at its discretion;

The obligation of all solutions to the Supreme State Requirement;

The presence of legal responsibility provided for by the law in the head of state.

There is a parliamentary and presidential form of government in the state. Both varieties are modern power systems.

With a dominant role in the formation of life in the country belongs to parliament. In the presidential form of the board, together with parliamentarism, the powers of the government and the state chapter are connected.

Inseciously linked. The study of the state and law should be started from the origin of the state. The emergence of the state was preceded by the primitive community system, in which the basis of production relations was public ownership of the means of production. The transition from the self-government of primitive society to state administration lasted centuries; In various 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 slave-owned. Together with the state, the right as an expression of the will of the dominant class appeared.

There are several historical types of state and law - slave-owned, feudal, bourgeois. The state of the same type can have different forms of the device, government, political regime.

Form of state Indicates how the state and right are organized, as they function, and includes the following elements:

• the form of the Board - determines who owns power;
• the form of the state device - determines the relations of the state as a whole and its individual parts;
• political regime is a set of methods and methods of implementing state power and management in the country.

Form of State Board

Under form of Board It is understood to the organization of the highest bodies of state power (the order of their education, relationship, the degree of participation of the masses in their formation and activity). With the same type of state, there may be a variety of remedies.

The main forms of government are the monarchy and the republic.

Monarchy - The form of the board, in which the Supreme State Power belongs to one person (the monarch) and is inherited;

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

Monarchy can be:

• absolute (Vse the Head of State);
• constitutional (Monarch's powers are limited to the Constitution).

The republic can be:

• parliamentary (President - Head of State; The Government is responsible only to Parliament);
• presidential (President - Head of State; The Government is responsible to the President);

Presidential republic It is characterized by a compound in the hands of the president of the powers of the head of state and the head of government. The formal distinguishing feature of the Presidential Republic is the absence of the position of the Prime Minister, as well as the rigid separation of the authorities.

The peculiarities of the Presidential Republic are: the extra-parliamentary method of election of the president and the formation of the government; Lack of parliamentary responsibility, i.e., the possibilities of the dissolution of parliament by the president.

IN parliamentary Republic The principle of the rule of parliament is proclaimed, which the government is politically responsible for its activities. The formal distinguishing feature of the parliamentary republic is the presence of the post of Prime Minister.

In the second half of the XX century. There were mixed forms of government, combining the features of the presidential and parliamentary republics.

Forms of the State Device

State device - This is an internal national territorial organization of state power, dividing the territory of the state to certain components, their legal status, the relationship between the state as a whole and its components.

Form of state device - This is an element of the form of a state that characterizes the territorial organization of state power.

According to the form of the state, the state is divided into:

• Unitary
• Fively
• Confederate

Previously, there were other forms of the state device (empire, protectorates).

Unitary state

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

Signs of a unitary state:

• the existence of a single-level legislation system;
• division for administrative and territorial units (ATE);
• the existence of only one citizenship;

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

Centralized Unitary states are distinguished by the lack of autonomous formations, that is, ATE has the same legal status.

Decentralized Unitary states - in their composition autonomous education, whose legal status differs from the legal status of other ATE.

Currently, the tendency towards an increase in the number of autonomous formations and to an increase in the diversity of autonomy forms is clearly marked. This reflects the process of democratization in the organization and implementation of state power.

Federative state

Federated States - These are allied states, developing from a number of state entities (states, cantons, land, republics).

The federation has such signs:

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

Federations can classify:

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

Confederation

Confederation - Temporary Union of States, created to jointly solve political or economic tasks.

The confederation does not have sovereignty, since there is no general central state apparatus and a single system of legislation.

Distinguish the following types of confederations:

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

Political regime

Political regime - The system of methods, techniques and means by which political power is carried out and is characterized by the political system of this company.

Political regime can be: democratic and antidemocratic; state - legal, authoritarian, totalitarian.

Characteristics of the Russian state

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

Russia includes 89 constituent entities of the Russian Federation: republics, edges, autonomous region, region, federal significance, autonomous districts. All these subjects are equal. The republics have their own constitution and legislation, the rest of the constituent entities of the Russian Federation are their charters and legislation.

In art. 1 It is said: "The Russian Federation - Russia is a sovereign federal state created by historically united in him with nations."

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

The concept and main provisions of the constitutional (state) law

Constitutional (state) law is a fundamental Russian Federation.

Constitutional law enshrines the principles, the main start-up, which should be guided by all other branches of law. It is the constitutional right that defines the economic system of the Russian Federation, the position of the individual, records the state structure of Russia, the system of judicial authorities.

The main regulatory source of this branch of law is the Constitution of the Russian Federation, adopted by a popular vote on December 12, 1993. The Constitution has consolidated the fact of Russia's existence as an independent independent state, which is known, occurred on December 25, 1991.

Basics of constitutional building Fixed in the first chapter of the Constitution. The Russian Federation is a democratic federal legal state with a republican form of government.

The democracy of the Russian Federation is primarily manifested in the fact that a person, his rights and freedoms declared a constitution by the highest value, and the state takes on the duty to recognize, abide by and protect human rights and freedoms. The democracy of the Russian Federation also consists 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 legislation. This is the federal structure of Russia.

However, federal Device of Russia It 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 Russia, and the territory of our country itself is ensured by integrity and integrity.

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

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

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

The basis of economic relations are the norms relating to property. Russia is recognized and received equal protection for private, state, municipal and other forms of ownership. This principle relating to the property applies to one of the most important riches of the country - to Earth. Land and other natural resources can be in private, state, municipal and other forms of ownership.

In Russia, the ideological and political diversity is proclaimed and is carried out. In this case, no ideology can be established as state or mandatory.

Russia - a secular state. And this means that no religion can be introduced as a state or mandatory, and the church is separated from the state.

The Constitution of Russia has established the basic principles of building a legal system and legislation.

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

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

Any regulations (and not just laws) affecting cannot be applied if they are not officially published for universal information.

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

The form of the Board is the organization of higher state authorities, their structure, education procedure, distribution of competence and relationship with the population.

An Aristotle tried to develop the classification of states by the criterion of the Board. He allocated several forms of government: the republic, the monarchy, despoty, as the basis for the classification of the methods of formation of state bodies, their ratio, admission to state power. Currently, the modern theory of state and law can offer a deeper and fairly reasonable understanding of the form of government as one of the main characteristics of the device's device, to give a more suspended classification of these forms, outline a more real forecast for their development. No less important to take into account the factors that were previously excluded from the science of scientific consideration: historical traditions, national psychology, religiosity, etc.

Distinguish two main forms of government - monarchical and republican.

Monarchicalthe form of the Board - (Greek. Monarchia - One-Silty) is a very ancient form of government. In this form of the Board, the supreme power is carried out alone and is inherited.

The main signs of the classical monarchical form of the Board are:

the existence of the sole chapter of the state that uses its authority for life (King, King, Emperor, Shah, Caesar, Pharaoh);

hereditary procedure for the continuity of the supreme power;

state representation by the monarch at its discretion;

legal irresponsibility of the monarch;

monarch is not elected by the people;

monarch can not be forced dismissed from office (except for a revolutionary coup);

the legal irresponsibility and independence of the monarch, which emphasizes the Institute of Counterignature (order in which the law approved by the Monarch is subject to compulsory assurance with the Signature of Prime Minister (less often than one of the ministers) responsible for the execution of this law.)

The monarchical form of the board arose still at a slave-owned strict and continued to develop with time while maintaining its traditional features.

Absolute Monarchy - This form of the Board, in which all the supreme state power under the law belongs to one person - the king, king, pharaoh, the emperor. According to Hammurapi's legis, the legislative, judicial and executive - belonged to the king, who was the governor and the servant of God on Earth. According to the military charter of Peter I, the sovereign - "Self-Textian Monarch, who should not give anyone in the world about his affairs" see: Titov Yu.P. "Readings on the history of the state and law of Russia", M: Prospekt, 2000, p.169. Thus, the main sign of the absolute monarchical form of the Board is the absence of any state bodies (parliament, Congress, the Federal Assembly or General States), limiting the powers of the monarch, where the will of the monarch is a source of law and law. Also in the absolute monarchy there is no constitution and separation of the authorities, and the presence of a permanent army led by the monarch. At the present time, some monarchy of the Middle East are absolute (Saudi Arabia and Oman).

Limited Monarchy, this form of the monarchy, in which the power of the monarch is limited to a representative body, i.e. In England, this parliament, in France - the National Assembly. There is a peculiar duality of state power, which was expressed in the fact that although the monarch was legally and actually independent of the parliament in the field of executive branch, at the same time he was often forced to reckon with the activities of parliament. He prescribed the government, which was liable to him, but the activity of this government could be subject to discussion, criticism in parliament. The monarch had a strong influence on parliament: he could put a veto on his laws, had the right to appoint deputies to the upper chamber, could dissolve parliament. However, the representative institution in the monarchy acquires control functions, performs the law-based body, with which the monarch is forced to be considered. There are varieties of a limited monarchy: parliamentary(constitutional) and dualistic.

Parliamentary (Constitutional) Monarchy-this such form of the monarchy, in which the power of the monarch is limited in the legislative sphere by Parliament, and in the executive-government. In the conditions of the parliamentary monarchy, the king is not real power and does not interfere in the policies of the state. This does not mean that the king does not play any role in the state. His powers who traditionally belong to the head of state (an advertisement for an emergency and military situation, the right to announce the war and the conclusion of peace, etc.), sometimes called "sleeping", as the monarch can use them in a situation of threats to the existing state (Spain, 1981) .

This form of the monarchy is also called constitutional, because the power of the monarch can also be limited to the Constitution. For an example of the Constitution of the Japanese Empire of 1889, the power of the emperor was limited to the imperial parliament, he considered, approved and took bills that the emperor offered. Thus, in the constitutional monarchy, all acts emanating from the monarch acquire legal force if they are approved by the Parliament and are based on the Constitution, that is, they cannot contradict the constitution. Monarch in the constitutional monarchy plays mainly a representative role, is a kind of symbol, decorum, representative of the nation, people, states. He reigns, but not rules.

Parliamentary (constitutional) monarchy is characterized by significant signs:

parliament is elected by the people;

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

the party leader, which has the highest number of deputy places, becomes the head of state (Prime Minister in the UK actually rules the country);

in the areas of legislative, executive and judicial power, the monarch is actually absent, it is symbolic;

legislative acts are accepted by parliament and formally signed by the monarch;

the government under the Constitution is responsible not to the monarch, but before the parliament;

Only in some parliamentary monarchies, the monarch has real government management levers (the parliament dissolves, is the head of the judiciary, the head of the Church - the United Kingdom).

At the present time, almost all European monarchs are parliamentary monarchies: United Kingdom, Sweden, Spain, Belgium, Holland, Denmark, Norway, Japan and others.

Dualistic Monarchy is an intermediate, transitional option from absolute to parliamentary monarchy. In the dualistic monarchy, the separation of power is formally legally between the monarch and parliament. That is, laws take only parliament, and manages the monarch's country through the government appointed and responsible for him. If the monarch is deprived in the parliamentary monarchy, then in the dualistic only legislative.

The dualistic monarchy became the embodiment of a compromise, where the monarch at the same time expresses the interests of the feudalists (nobility), and the parliament represents the interests of the bourgeoisie and to a certain extent of other segments of the population (most often the "third class").

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

with its decrees (decrees), he is the social spheres of society, such decrees did not require the approval of the parliament;

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

the appointment of members of parliament (or one of his chambers) by the monarch (unlike the parliamentary monarchy, where the parliament is elected by the monarch);

had the right to dissolve parliament;

i had the right to appoint a date of new elections.

The dualistic monarchy existed in Germany (1871--1918), Turkey, Kuwait, Jordan, Libya, Nepal and other countries. Until 1990. Nepal and Kuwait were absolute monarchies, but by virtue of historical events (popular uprising in Nepal in 1990, Kuwait War with Iraq in 1991), democratic reforms began in them and today Kuwait and Nepal moved from absolute to dualistic monarchies.

Republic (Translated from Latin - nationwide). See: Dictionary of Foreign Words - 19th Edition, M, 1990, p. 441.

This is a form of government, in which the Supreme Power in this State is carried out by elective authorities.

Republics, like monarchies, there is a huge amount. The source of power in the republics is the people who, after certain intervals, elects the highest representative bodies of the state. This manifests folk sovereignty - one of the fundamental principles of modern democratic statehood. The people are elected by the Supreme Legislative Body - Parliament and in some cases - president. All other higher state bodies 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 the possible usurpation of power.

Republican Board is based on the principle of separation of the authorities. Principles of separation of the authorities -the separation of unified state power on legislative, executive and judicial, when various states of the state entrust to carry out various functions of government management: Parliament (the People's Assembly, the National Assembly, the Duma, the Supreme Council, Congress, etc.) entrustes the laws; government and its bodies (executive and administrative authorities) - to fulfill laws, organize their execution; judicial authorities - carry out control over the execution of laws, involve themselves for their violation, etc.

By the nature of the relationship between the legislative and executive authorities distinguish parliamentary, presidentialand mixed(or semoupresident)republic.

Parliamentaryrepublic. Legislative power is strong here, and the executive power is subordinate to it. This form of the Board is characterized by the rule of parliament that implements the legislative power. The government is formed by Parliament and responsibly in front of him. Thus, the elections at the same time decide on the composition of the composition and parliament, and the government.

In the Parliamentary Republic, the position of the president may be provided, but it does not have such broad powers (first of all - in relation to parliament and the government), which president has in the presidential republic, and in its activities depends on the government. The president is the head of state, but not the head of government; He is not responsible for government actions. Usually, the president in the parliamentary republic is not much elected (one of the few exceptions is Bulgaria) so that he, using the support of the people, could not oppose the parliament. The election of the president is carried out by or parliament or a specially created board. The President represents the state in the field of foreign policy, but here it is forced to coordinate his actions with the government. The president, as a rule, has no right to hold a referendum, to introduce a state of emergency, to dismissal at its own discretion of the head of government, it is usually no right to impose a veto to the laws taken by Parliament. Formally, the president may be the Supreme Commander, but the actual leadership of the armed forces is carried out by the Minister of Defense, which is subordinated to the head of government.

Significant place in the Parliamentary Republic is held government heads -prime Minister (in Germany This post is called "Federal Chancellor", and the state is called in the literature sometimes by the Chaccertel Republic). As a rule, it is the leader of the ruling party or party coalition; He elected parliament. The government is formed by the leader of the victim in the election of the party and is in power until the support of the majority of parliamentarians is supported. Government members are responsible for the parliament for their activities. Parliament can make a vote distrust to the government or its individual members, and then they resign. Depending on whether it is possible to form a party majority in parliament, as well as in the case of parliamentary monarchies, it is possible to talk about parliamentarism and ministerialism.

Parliamentary republics in the world are not a lot: Germany, Finland, India, Turkey, Hungary, Czech Republic, Slovakia, Estonia, Italy and some other states.

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

In the Presidential Republic, the legislative power belongs to the Higher Representative Body - Parliament, which gives the laws, and the executive to the government. However, Parliament does not form the executive power, the latter does not bear responsibility. Parliament cannot be resigned by executive officials (only in the event of a crime, gross violation of the Constitution), if the deputies do not agree, for example, with the government pursued by the Government.

The President is the head of state and the head of the executive. Usually he independently appoints ministers and forms the government. The government (ministers) is responsible to the president and not responsible before the parliament for its activities, the president can independently displaced the members of the government. As a rule, the President is elected by a nationwide vote. The president has the right to undeclose veto on the laws adopted by the Parliament.

In the Presidential Republic, the president has broad powers in various fields of activity. The presidentually has the right to legislative initiative, the appointment of a referendum, the right to introduce a state of emergency, independently solves certain most important personal affairs, is the commander-in-chief of the Armed Forces, has the right to conclude the world, declare war, etc. The President within its competence independently issues regulations, which occupy an important place in the system of legislation of a country.

The Presidential Republic is a fairly common form of government. Presidential republics are US, many states of Latin America (Brazil, Argentina, Mexico, etc.), Africa (Zimbabwe, Nigeria, etc.), Asia (Philippines, etc.).

Parliamentary and presidential republic - two basic varieties of this form of government. Each has its own advantages, and its drawbacks.

The advantages of the Presidential Republic should include a sufficiently high degree of efficiency of state leadership by society: after all, the president, possessing broad powers, largely determines the policy of the state. Management impact is more purposeful if it comes from one center. Effective management is especially important in periods of reforms, major social transformations, the conclusion of the country from the crisis. The main disadvantage of the Presidential Republic: the extensive powers of the president can lead to excessive centralization of power, to the usurpation of power and abuse.

The advantages of the Parliamentary Republic can be obtained in large guarantees of real incarnation in the public administration of the Society of democracy, since among the states of the state there is no unity of the authority endowed with the wide competence. Therefore, there are no objective prerequisites for establishing whose dictatorship. The main drawback of the Parliamentary republics is that with a multi-party system, when it is not possible to form a parliamentary majority, it is almost impossible to conduct a well-thought-out, targeted policies, government crises.

In many states, attempts were made to combine the traits of the parliamentary and presidential republics in order to overcome the shortcomings and maintain the advantages inherent in these forms of government. It seems possible to even talk about the "intermediate" form of the Board - semoupresident(or mixed)the republic in which various combinations use elements characteristic of classically h.forms of government.

There is a strong president elected by the people. He, as a rule, is the head of executive and leads the government. But in the formation of the latter, Parliament (for example, claims the candidates submitted by the President) at the formation of the latter. The government should enjoy the confidence of the majority in parliament, must be responsible and before the parliament. Thus, it is the formation that is, and even more - the responsibility of the government is a factor that legal science is considered key in distinguishing the varieties of republican rule.

The president of the Constitution may have extensive powers, but in practice it can not use some. In the semipsections of the government, the importance of the government increases, the importance of the head of the government is increasing, compared with the presidential republic, where such a post may not be, or there is a so-called administrative prime minister, which only coordinates the activities of industry bodies.

The form of the Board in Switzerland is originally. The government (Federal Council) is appointed by Parliament (by the Federal Assembly) and accountable to him, but the political responsibility of the government before the parliament is not provided.

Sometimes it is generally difficult to hold a line between the parliamentary and presidential republic (Turkey, Sri Lanka, Peru, Russia, Ukraine, etc.). In certain cases, there is essentially a new form of the republic: the semi-represented, semi-parliamentary, with a predominance of the features of a republic or another republic, and sometimes with such features that did not have a presidential or parliamentary republic.

The republican form of government is characteristic of modern constitutional states with a democratic political regime, however, it is necessary to keep in mind two points.

First, the republics also existed in a slave-owned society, and under the feudalism of the truth, in a limited territory: as a rule, these were city-republic.

Secondly, the externally democratic republican form of government may well be authoritarian political regime.

In a number of tropical Africa countries, where monarchical traditions were particularly strong, such a phenomenon is known as "Monocratic republics". Formally, the separation of the authorities was proclaimed there, but the president's power is practically not limited and really quite a few different from the absolute monarchy. The power is acquired, as a rule, an illegitimate way (usurped). The next elections of the president, if those are held (for example, in accordance with the Constitution of Malawi, the president is in his position for life), are decorative. The president may be the head of the only political party, and even the creator of the official and only admitted state ideology (for example, Ghana under President Kwame Nkrum, Guinea under the President of the Seco Tour, Zaire under President Mobutu, etc.). The president's change occurs as a result of a military coup or his natural death.

For the same reason, the president's huge and actual unlimited power - many states of Latin America received names "SuperPresident"republics The so-called "socialist" or "peace-democratic" republic arising after World War II was actually the form of dictatorship of the Secretary-General and the Central Committee of the relevant Communist Party.

Under the conditions of military regimes is created presidential-Military Republic.This is, although temporary, but not such a rare form: since the occurrence of independent states in Latin America, Asia, Africa, Oceania, as well as, although to a lesser extent, about 700 of the successful military coups occurred in Europe. In some countries, such a form of government existed for more than 10 years (Algeria, Nigeria, etc.), and in some of them, the military government, interming with civil regimes, was covered by a significant period of the existence of an independent state (Nigeria, Pakistan, etc.).

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

In recent years, changes in the theoretical understanding of the form of the Board are taking place, since such models of the organization of higher government bodies appear, which are not possible with full confidence to one or another group in accordance with traditional classifications. Above already mentioned the difficulties arising from clear boundaries between the absolute and dualistic, between the dualistic and parliamentary monarchies, between parliamentary, semi-presidential and presidential republics. In addition, monarchical and republican principles sometimes combine in the form of the board of specific states.

Previously, it was about the selection of monarchs in the United Arab Emirates and Malaysia, and the election (as opposed to inheritance) of the head of the state is the most important sign of the republican form of government. There are also republics with life presidents. At one time, such a situation characteristic of the monarchies took place, for example, in the Central African Republic, in Tunisia. The functioning of the highest authorities in modern Western constitutional monarchies and in parliamentary republics does not differ in principle.

In developed countries, the differences between the monarchy and the republic practically do not matter; According to the degree of democracy, the British monarchy is not much different from the Republic of France. However, in developing states, these differences may be principled.