Introduction 3

Chapter 1. Forms of state 5

1.1. Concept and classification of forms of state 5

1.2. Concepts and classification of forms of government 8

Chapter 2. Republican form of government 12

2.1. Concepts and signs of a republic 12

2.2. Presidential Republic 13

2.3. Parliamentary republic 14

2.4. Other types of republics 16

Chapter 3. Form of government in the Russian Federation 21

Conclusion 29

List of sources used 30

Introduction

Territory, population, power are the substantive characteristics of the state, which reflect what is common to all states. However, states differ very significantly from each other in terms of their internal organization, which is expressed in the concept of “state form”. Political life in society and the stability of state institutions largely depend on the form of the state. One of the elements of the form of the state is the form of government, which characterizes the formation and organization of the highest bodies of state power, their relationships with each other and the population; Depending on the characteristics of the form of government, states are divided into monarchical and republican.

By form of government we understand the system of formation and relationships between the head of state and the highest bodies of legislative and executive power. The form of government historically develops in the process of struggle and interaction of social and political forces of the corresponding society.

The form of government is fundamental for the study of constitutional and legal regulation of the organization and functioning of the state. This is not just an abstract theoretical category of science, like, say, sovereignty or democracy, but the key with the help of which we can only understand the meaning of a particular system of government bodies established by the constitution of the corresponding state.

Under the agrarian system, the importance of the form of government was reduced only to determining how the position of head of state was filled - by inheritance or by election. With the decomposition of feudalism and the transition to an industrial system, accompanied by a weakening of the power of monarchs, the emergence and strengthening of popular (national) representation, the typology of forms of government began to be enriched: the greatest significance became not whether the head of state in the country is hereditary or elected, but how relations are organized between the head of state, parliament, government, how their powers are mutually balanced - in a word, how the separation of powers works. And today, when analyzing the form of government of a particular state, we are primarily interested not in whether it is a republic or a monarchy, but in what type of republic or monarchy is established here.

Thus, forms of government differ depending on whether the supreme power in the state belongs to one person, who is also the symbol of the state, or whether it is exercised through various democratic institutions (representative bodies of government, referendums, etc.). In this regard, all states according to the form of government are divided into monarchies and republics.

The republic is characterized by a democratic method of forming the supreme bodies of the state. In developed countries, the relationships between the highest authorities are built on the principle of separation of powers; the authorities have a connection with voters and are responsible to them, which is relevant at the present time.

The purpose of this work is to study the republican form of government.

Job objectives:

Study the forms of state, the concept and classification of forms of government.

Define the concepts and features of a republican form of government. Study the types of republics, namely, presidential, parliamentary and other types of republics.

The object of this study is the form of government of the state, and the subject of study is the republic as a form of government.

Chapter 1. Forms of state

1.1. Concept and classification of forms of state

The state was created by people who intended to achieve certain goals with its help, in particular, to survive, to protect themselves and their property from internal and external attacks. At the same time, due to various circumstances, they were forced to choose the appropriate organizational and political forms of state existence to achieve their goals. With all the diversity and peculiarities of state forms, determined by climatic, ethnographic and other factors, they also have common features. A comparison of the general and the specific makes it possible to identify the statistics and dynamics of state life, to understand that state power is exercised in clearly defined structural and organizational forms, is expressed in specific areas of activity and is provided by a system (mechanism) of relevant means and institutions.

The form of the state characterizes the continuity, stability, and viability of state power as an essential manifestation of any state. Studying the form of the state is important for modern state building and improving organizational and managerial principles. The form of the state is a way of organizing political power, covering the form of government, the form government system and political regime. This is a structure that is influenced by both socio-economic factors and natural, climatic conditions, national, historical and religious characteristics, cultural level development of society, etc. 1

If the category “essence of the state” answers the question: what is the main, natural, defining thing in the state, then the category “form of the state” interprets the questions of who rules in society and how, how state power structures are structured and operate in it, how the population in a given territory is united, how it is connected through various territorial and political entities with the state as a whole, how political power is exercised, using what methods and techniques.

To study the state from the point of view of its essence means to identify the will and interests of such sections of society, groups, classes that it primarily expresses and protects. To consider the state from the point of view of content means to establish how and in what directions it acts. To study the state from the point of view of its form means, first of all, to study its structure, its main components, internal structure, and the main methods of formation and exercise of state power.

When considering the form of the state, it is important to keep in mind that the form of the state, as well as its essence and content, has never remained and does not remain established once and for all, unchanged. Under the influence of many economic, socio-political, ideological and other factors, it has always changed and developed.

Currently, the form of the state is understood as the organization of state power and its structure as a whole. The form of the state is characterized by an inextricable connection with its content. The latter makes it possible to establish the ownership of state power, its subject, and answer the question of who exercises it. The study of the forms of the state sheds light on how power is organized in the state, by what bodies it is represented, what is the order of formation of these bodies, how long is the period of their powers, finally, by what methods are the exercise of state power, etc.

It is clear that the problem of the form of the state is acquiring not only theoretical, but also paramount practical and political significance. The effectiveness of state leadership, the effectiveness of management, the prestige and stability of the government, the state of law and order in the country depend decisively on how state power is organized and how it is exercised. That is why the problem of the form of the state has a very significant political aspect.

Form of state, i.e. the structure of state power, its organization consists of three main elements:

Form of government (the order of organization of state power, including the method of formation of higher and local government bodies and the order of their relationships among themselves and with the population).

Form of government (reflects the territorial structure of the state, the relationship between the state as a whole and its constituent territorial units; according to the form of government, states are divided into unitary and federal).

Political (state) regime (is a system of methods, methods and means of exercising state power; depending on the characteristics of the data set of methods of state power, democratic and anti-democratic political (state) regimes are distinguished). 2

Thus, the form of a state is its structural, territorial and political structure, taken in the unity of the three above-mentioned components. This understanding of the form of the state did not develop immediately. For a long time it was considered to consist of a form of government and a form of government, to which a political regime and political dynamics were subsequently added.

The study of the form of the state shows how power is organized in the state, what is the order of formation of state bodies, what methods are used to exercise state power, etc., which has not only theoretical but also practical political significance. It is practice that shows that the effectiveness of state leadership, the effectiveness of management, the stability of power, the state of law and order in the country depend on how state power is organized.

There is no clear relationship between the type and form of the state. On the one hand, within the same type of state there can be various forms of organization and activity of state power, and on the other hand, states of different types can take on the same form. The originality of a specific form of state of any historical period is determined, first of all, by the degree of maturity of social and state life, the tasks and goals that the state sets for itself. In other words, the category of state form directly depends on its content and is determined by it.

The form of the state is seriously influenced by the cultural level of the people, their historical traditions, the nature of religious views, national characteristics, natural conditions residence and other factors. The specificity of the form of the state is also determined by the nature of the relationship between the state and its bodies and non-state organizations (parties, trade unions, social movements, churches and other organizations). 3

IN various countries state forms have their own characteristics, characteristic features, which, as social development progresses, are filled with new content, enriched in interconnection and interaction. At the same time, the form of all existing states, especially modern ones, has common features, which makes it possible to define each element of the state form.

1.2. Concepts and classification of forms of government

The form of government means the organization of the supreme state power, especially its highest and central bodies, the structure, competence, order of formation of these bodies, the duration of their powers, relationship with the population, the degree of participation of the latter in their formation. The form of government is the leading element in the form of the state, interpreted in a broad sense.

The form of government makes it possible to understand:

How are they created higher authorities states and what is their structure;

What principle underlies the relationship 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?

At one time, Aristotle distinguished forms of government depending on whether the supreme power was exercised individually (monarchy), by a limited number of persons (aristocracy), or by the entire population (democracy).

This criterion has remained until our time: forms of government differ depending on whether the supreme power is exercised by one person or belongs to an elected collegial body. In this regard, monarchical and republican forms of government are distinguished.

A monarchy can be called a state where the supreme power belongs to one person, who uses it at his own discretion, by right, which is not delegated to him by any other power, whereas in a republic it is delegated to one or several persons always for a certain period of time by the whole people or part of it, to which sovereignty belongs. This situation characterizes the modern monarchy, however, over the course of many centuries, the historical experience of many states has given rise to a wide variety of monarchies, which are difficult to cover with a single verified formula. The term “monarchy” is of Greek origin and means “unique power”, “single power”, although exceptions are known.

The general features of the monarchical form of government, regardless of its varieties, are that at the head of the state is a monarch who uses his power by inheritance, although options are possible when the beginning of a particular monarchical dynasty is marked by elections (the House of the Romanovs in Russia). The monarch acquires power according to the principle of blood, inheriting it by his own right (“by the grace of God,” as is usually indicated in his title, or, if elected, “by the grace of God and the will of the people”). The monarch does not bear any legal responsibility for his political actions - in the “Approved Charter” of 1613, Mikhail Romanov was assigned “responsibility in his affairs before the one heavenly king.” The fullness of supreme state power is concentrated in the hands of the monarch; the monarch acts as the source of all law; only with his will can certain decisions acquire the force of law. The monarch is at the head of the executive branch, justice is administered in his name, and he has the right to pardon. In the international arena, in relations with other states, the monarch individually represents his state. He uses the title (prince, duke, king, tsar, emperor), receives a significant allowance from the state treasury, and has the right to special protection.

In an unlimited, absolute monarchy, the monarch enjoys all the above rights unconditionally and unlimitedly (hence the name) regardless of any other power; in a limited one, through the mandatory assistance of any bodies or authorities that exist independently of the monarch. Aristotle, in his classification of monarchies, proceeded from psychological grounds - a monarchy turns from a “correct” form of government into an “incorrect” form of tyranny and despotism if, instead of the interests of everyone, the monarch pursues personal, selfish interests and rules arbitrarily. Today, legal grounds are taken into account. Constitutional monarchy is divided into representative (dualistic) and parliamentary. In both, the monarch shares power with parliament.

In dualistic monarchies (Prussia, Austria, Italy, Romania in the past), the monarch retains executive power, the right to form a government, appoint and remove ministers and other officials responsible to him (governors, prefects, etc.), he has the right of veto and the right to unlimited dissolution of parliament. However, in the legislative sphere, the right of a representative body is guaranteed by the power to vote the budget.

In parliamentary monarchies (modern England, Belgium, Norway, Sweden), ministers appointed by the head of state depend on the vote of confidence of parliament, the monarch has the right of suspensive veto, and dissolves parliament only in certain cases provided for by law. The monarch's commands acquire legal force only when countersigned by the relevant minister. The monarch's legal position is significantly limited. Even private issues of public life, such as pardoning a criminal, cannot be resolved without the consent of parliament. Parliament regulates the personal life of the monarch (marriage, palace service, etc.).

Unlike a monarchy, under a republican form of government the only source of power under the law is the popular majority. The very origin of the term “republic” is connected with the people. In a republic, power is exercised by representative bodies elected by the people for a certain period of time. There are parliamentary republics and presidential republics.

The choice of government is influenced by a number of factors, but the determining factors here should be the long-term interests of the stability of the state, and not momentary political problems and this or that balance of power.

Chapter 2. Republican form of government

2.1. Concepts and signs of a republic

A republic is a form of government in which supreme state power is exercised by elected bodies elected by the population for a certain period of time.

The general features of the republican form of government are the following:

Power comes from the people;

Election for a certain term of the head of state and other government bodies;

Legal and political responsibility of government bodies for the results of their activities;

The secular nature of the power of the head of state.

The republican form of government originated in slave states. It found its most striking manifestation in the Republic of Athens. Here, all bodies of the state, including the highest (the most important of them was the people's assembly), were elected by full citizens of Athens. As the public life it changed, acquired new features, and was increasingly filled with democratic content. However, more common in slaveholding states was the aristocratic republic, where the military and land nobility took part in the formation and work of the elected bodies of the supreme state power. 4

During the era of feudalism, a republican form of government existed infrequently. It arose in those medieval cities that had the right to self-determination (Venice, Genoa, Lubeck, Novgorod, Pskov).

Based on who forms the government, to whom it is accountable and controlled, republics are divided into presidential, parliamentary and mixed. In presidential republics (USA, Brazil, Argentina, Venezuela, Bolivia, Syria, etc.) it is the president who performs this role; in parliamentary republics (Germany, Italy, India, Turkey, Israel, etc.) it is the parliament; in mixed republics (France, Finland) , Poland, Bulgaria, Austria, etc.) – jointly the president and parliament.

2.2. Presidential republic

In a presidential republic, the president is elected independently of parliament either by an electoral college or directly by the people and is at the same time the head of state and government. He himself appoints the government and directs its activities. The parliament in such a republic cannot pass a vote of no confidence in the government, and the president cannot dissolve the parliament. However, parliament has the ability to limit the actions of the president and the government through laws adopted and through the establishment of a budget, and in some cases, to remove the president from office (when he violated the constitution or committed a crime). The president, in turn, is vested with the right of a suspensive veto (from Latin - prohibition) on decisions of the legislative body.

Thus, a presidential republic is characterized by the following features:

The combination in the hands of the president of the powers of the head of state and government;

Absence of the institution of parliamentary responsibility of the government;

Extra-parliamentary method of electing the president and forming the government;

Responsibility of the government to the president;

Concentration of enormous political, military and socio-economic power in the hands of the president.

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 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. The presidential form of 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 has been established in the Russian Federation since 1991.

Characteristic of all presidential republics, despite their diversity, is that the president either combines the powers of the head of state and head of government in one person (USA), or directly appoints the head of government and participates in the formation of the cabinet or council of ministers (France, India).

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 balances and checks that exists in modern presidential republics facilitates the harmonious functioning of authorities and avoids arbitrariness on the part of the executive branch.

In a modern civilized society, there are no fundamental differences between parliamentary and presidential forms of government. They are brought together by common tasks and goals of ensuring the most optimal organization of social life, guaranteed free development of the individual, reliable protection of his rights and various interests. 5

2.3. Parliamentary republic

A parliamentary republic is a form of government in which the supreme role in organizing public life belongs to parliament.

In such a republic, the government is formed by parliament from deputies belonging to those parties that have a majority of votes in parliament. The government is responsible to parliament for its activities and remains in power as long as it has the support of a parliamentary majority. If the majority of members of parliament lose confidence, the government either resigns or, through the head of state, seeks to dissolve parliament and call early parliamentary elections.

As a rule, the head of state in such republics is elected by parliament or a specially formed parliamentary board. 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 delegates from each region, elected by the regional council, also 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. Thus, in the Federal Republic of Germany, the president is elected by the 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 suffrage, which is typical, for example, in Austria, where the president is elected by the population for a term of six years.

The head of state in a parliamentary republic 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 head of government (prime minister, chairman of the council of ministers) is usually appointed by the president. He forms the government he heads, which exercises supreme executive power and is responsible for its activities before parliament. 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. 6

The main function of parliament is legislative activity and control over the executive branch. Parliament has important financial powers, since it develops and adopts the state budget, determines the prospects for 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.

2.4. Other types of republics

The history of state-organized society and its peoples knows several main types of republican government.

Athens Democratic Republic (V-IV centuries BC). Its features and significant democracy were determined by the social structure of Athenian society, the nature of slavery, which did not recognize the transformation of free Athenians into slaves, as well as the presence of collective slavery. During the republican period, an effective system of government bodies developed in Athens, with a clear structure and strictly defined functions. The system of government bodies consisted of a national assembly, a council of five hundred, elected officials, a jury, and the Areopagus (the highest judicial and political body). The highest body of state power in Athens was the people's assembly, to which all other bodies and officials were subordinate. Full-fledged Athenian citizens over 20 years of age took part in its work. The main function of the people's assembly was to pass laws, but a variety of administrative and judicial activities were also carried out. The People's Assembly declared war and made peace; was in charge of external relations; elected military leaders (strategists) and other officials; was in charge of religious affairs, food issues, and confiscation of property.

The highest executive body was the Council of Five Hundred. It was formed from representatives of Athenian territorial divisions and supervised the daily practical activities of the state.

The Areopagus was an extremely influential government body. He could cancel decisions of the people's assembly, control the activities of the council of five hundred and officials. The Areopagus consisted of archons (highest officials of the policies) and former archons, who were appointed for life. The reforms of Ephialtes (486) deprived the Areopagus of its highest political functions, and it turned into a purely judicial body.

In the structure of the Athenian Republic, elements of the future separation of powers are visible: the people's assembly is the legislative body; the council of five hundred is the supreme judicial power.

Spartan aristocratic republic (V-IV centuries BC). Sparta, unlike Athens, which led the democratic part of the population of the policies, united around itself mainly their aristocratic part. Along with obvious remnants of the communal system, Sparta had a strong army that kept numerous helot slaves in obedience.

Formally, the supreme power in the state belonged to two kings, but in fact it was limited in favor of the aristocracy. The kings were military leaders; in wartime, they had judicial power and were in charge of religious affairs.

Legislative power was exercised by the council of elders (gerusia). Gerusia consisted of two kings and 28 council members, elected from representatives of the aristocracy for life. The highest government power was exercised by a college of ephors, annually elected from among the honored aristocrats. The ephors exercised control over the activities of all government bodies and officials, including kings. They considered the most important civil and criminal cases, resolved issues foreign policy, recruited troops.

In Sparta, the popular assembly did not play a big role. It actually had no legislative powers. Appointments to positions and issues of war and peace, which formally fell within the competence of the national assembly, were predetermined in advance by other government bodies.

Roman aristocratic republic (V - II centuries BC). The supreme state power in Republican Rome was the Senate. Members of the Senate were appointed by specially authorized persons (censors), who in turn were appointed by the people's assembly. All issues resolved in local authorities (centuries) were previously discussed in the Senate. Formally, the Senate was subject to the decisions of the popular assembly, however, if the decisions of the latter did not correspond to the “interests of Rome”, it declared them invalid or invited the officials responsible for these decisions to resign from their positions. The prerogative of the Senate was to establish a dictatorship, after which all officials of the republic became subordinate to the dictator, whose term of office, however, was limited to six months. The Senate also had other important powers: it disposed of the treasury and state property, decided issues of war and peace, and appointed military commanders and judicial panels.

The merit of Roman statehood is that it had a great influence on the nature and structure of state power in a number of countries of later civilizations. But the provisions of Roman law were adopted to a greater extent. Roman jurists were the first to formulate the most important legal institution of a civilized society - the right of property. They divided the legal system into two parts: private law and public law. Roman public law included all those rules that relate to the "situation of the Roman state" as a whole, and private law regulated relations between individuals. This relationship between legal norms in most modern legal systems is a natural reality. The legal institutions of ownership, purchase and sale, and various forms of ownership originate from Roman law - and this is their historical and practical value. 7

A socialist republic is a special form of government that arose in a number of countries as a result of the socialist revolution and, according to the founders of Marxism-Leninism, should have become a truly democratic republic, ensuring the full power of the working people, led by the working class and its party.

Soviet legal science identified the following main features of a socialist republic:

The leading role belongs to representative bodies, which form the basis of the apparatus of state power.

A socialist republic must combine political, economic and cultural leadership of social life in a single state mechanism, which would allow state power to sovereignly dispose of the socialized means of production, regulate and control the distribution of material and spiritual goods.

In socialist republics, supreme and local bodies are united into a single representative system based on the principle of democratic centralism.

Under socialist rule, the legislative and executive powers are united in the form of working representative institutions.

The socialist republican form of government presupposes the accountability and control of the executive and administrative bodies to the legislative authorities.

A socialist republic creates the necessary conditions and prerequisites to ensure the leading role of the working class and its party in public and state life.

The theoretical foundations of a socialist republic were laid in the works of K. Marx and F. Engels. This theory was further developed in the works of V.I. Lenin and was put into practice in Russian conditions.

There are three types of socialist forms of government: the Paris Commune, the Soviet Republic and the People's Democratic (People's) Republic, which initially act as a form of dictatorship of the proletariat.

At present, the socialist form of government has been preserved only in the form of a people's republic in the PRC, Vietnam, and Cuba.

Characteristic feature mixed (semi-presidential, semi-parliamentary) republics is the double responsibility of the government - both to the president and to the parliament. In such republics, the president and parliament are elected directly by the people. The head of state here is the president. He appoints the head of government and ministers, taking into account the balance of political forces in parliament. The head of state, as a rule, presides over meetings of the cabinet of ministers and approves its decisions. Parliament has the ability to control the government by approving the country's annual budget, as well as through the right to pass a vote of no confidence in the government. 8

Chapter 3. Form of government in the Russian Federation

The Russian Federation has a presidential form of government. The post of President, elected by popular vote, was introduced in our country based on the results of the referendum on March 17, 1991.

In accordance with the Constitution, the President of the Russian Federation is the head of state. The power of the President is limited by the Constitution of the Russian Federation. The Constitution provides that the President acts in the manner established by it. The general scope of his powers is determined by the principle of separation of powers and the requirement of the Constitution, according to which decrees and orders of the President of the Russian Federation must not contradict the Constitution and laws of Russia. 9

The President of Russia, being legally distanced from all branches of government, sets rules, governs, resolves disputes, and exercises constitutional control.

The President has the right to use the right of veto at the stage of signing federal laws (Part 3 of Article 107 of the Constitution), including as a guarantee of ensuring their constitutionality. He has the right to suspend the actions of executive authorities of the constituent entities of the Federation, primarily in the event of a conflict between these acts of the Constitution of the Russian Federation (Part 2 of Article 85 of the Constitution). If the resolutions and orders of the Government of the Russian Federation conflict with the Constitution of the Russian Federation, the President has the right to cancel them (Part 3 of Article 115 of the Constitution).

Ensuring the unity of executive power in the state, the President, by his decrees, prescribes to the relevant bodies and officials the need to follow the Constitution of the Russian Federation.

The President of the Russian Federation has the right to send to the Constitutional Court of the Russian Federation inquiries about the constitutionality of federal laws, regulations of the Federation Council, the State Duma, the Government of the Russian Federation, constitutions of republics, charters, as well as laws and other regulations of the constituent entities of the Russian Federation, to apply to the Constitutional Court on issues of interpretation of the Constitution ( Art. 125). The President uses in practice these powers granted to him by the Constitution and the Federal Constitutional Law.

On the basis of the Constitution of the Russian Federation, the President ensures the unity of executive power in Russia and the exercise of the powers of federal government throughout its territory. Decrees and orders of the President are mandatory for execution throughout the territory of the federal state. 10

To resolve disagreements between government bodies at the federal level and government bodies of the constituent entities of the Russian Federation, as well as between government bodies of the constituent entities of the Russian Federation, the President has the right to use conciliation procedures. At the same time, the federal President and the Government of the Russian Federation, in accordance with the Constitution, ensure the exercise of the powers of federal state power throughout the territory of Russia.

In order to achieve coordinated functioning and interaction of government bodies, and resolve disputes about competence, the President of the Russian Federation has the opportunity to use, in addition to approval procedures, other means specified in the Constitution, including filing a request with the Constitutional Court of the Russian Federation.

The Constitution of the Russian Federation gives the President the right to address the Federal Assembly with annual messages on the situation in the country, on the main directions of domestic and foreign policy.

A citizen of the Russian Federation who is at least 35 years old and has permanently resided in Russia for at least 10 years can be elected President of the Russian Federation (Part 2 of Article 83 of the 1993 Constitution of the Russian Federation). The President of the Russian Federation is elected in accordance with the Federal Law of January 10, 2003 “On the Election of the President of the Russian Federation.”

The President, in accordance with the Constitution, appoints the Chairman of the Government of the Russian Federation with the consent of the State Duma. The President's proposal on this issue is submitted to the State Duma no later than two weeks after the newly elected President takes office or after the resignation of the Government of the Russian Federation, or within a week from the date of rejection of the candidacy for the post of Chairman of the Government by the State Duma.

The State Duma considers a candidate for the post of Chairman of the Government within a week from the date the proposal is submitted. The candidate is officially presented to the deputies by the President of the Russian Federation or his authorized representative in the Federal Assembly. Consent to the appointment of the Chairman of the Government is considered received if a majority of the total number of deputies of the State Duma votes for the proposed candidacy. If the State Duma rejects a candidacy for the post of Chairman of the Government, the President submits a new candidacy for approval by the chamber. In the event of a two-time rejection of submitted candidates for the position of Chairman of the Government, the President, within a week from the date of rejection of the second candidacy, has the right to submit a third candidacy to the State Duma. After the State Duma rejects the submitted candidates for the Chairman of the Government three times, the President appoints the Chairman of the Government without her consent, dissolves the State Duma and calls new elections (Part 4 of Article 111 of the Constitution). eleven

The President of the Russian Federation has the right, at his own discretion, to chair meetings of the Government, thereby occupying the place of the Chairman of the Government. At such meetings, the most important issues of public life are considered. This right of the President is associated with his status as the head of state, determining the main directions of the country’s domestic and foreign policy, and gives grounds to characterize the President as the head of the executive branch.

When the Government submits a resignation letter, the President may disagree with the Government’s statement and instruct it to continue performing its duties without specifying a deadline, or if he agrees with the resignation, instruct the Government to carry out duties until the formation of a new Government of Russia.

By virtue of the Constitution, the President has the right to disagree with the decisions of the State Duma to express a vote of no confidence in the Government or to refuse confidence. At the same time, the Constitution provides for the obligation of the President, under certain conditions, to announce the resignation of the Government or dissolve the State Duma (Parts 3 and 4 of Article 117). At the same time, the Constitution establishes various conditions and procedures for resolving a government crisis in connection with a vote of no confidence or denial of confidence in the Government. 12

The President of the Russian Federation submits to the Federation Council candidates for the positions of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court of the Russian Federation, and the Prosecutor General of the Russian Federation. These officials are appointed by the Federation Council. He, on the recommendation of the President, may dismiss the Prosecutor General from office. The President of the Russian Federation independently appoints judges of other federal courts. As for the removal of judges, they are irremovable by virtue of the Constitution. The procedure for terminating the powers of a judge is established by federal law.

The President of the Russian Federation heads the Security Council and forms its composition. Based on the Law of the Russian Federation of March 5, 1992 “On Security”, this constitutional body prepares decisions of the President in the field of security, considers issues of internal and external, as well as military policy of Russia in this area, strategic problems of state, economic, public, defense , information, environmental and other types of security, issues of forecasting emergency situations, taking measures to prevent them and overcome their consequences, solves other problems in the field of ensuring the security of the individual, society and the state. 13

The President of the Russian Federation, being, by virtue of the Constitution, the Supreme Commander-in-Chief of the Armed Forces of Russia, appoints and dismisses the high command of the Armed Forces (commanders of branches of the armed forces, military districts, etc.).

The appointment or recall of a diplomatic representative is preceded by consultations with committees and commissions of the Federal Assembly. According to Art. 191 of the Rules of the State Duma, such committees can be the Committee on International Affairs and the Committee on Affairs of the Commonwealth of Independent States and Relations with Compatriots. 14

Elections of deputies to the State Duma are also appointed by decrees of the President of the Russian Federation. Election day is the first Sunday after the expiration of the constitutional term for which the State Duma of the previous convocation was elected. The period from the day the President calls elections until election day must be at least four months. The State Duma meets for its first meeting on the thirtieth day after its election. However, the President may convene a meeting of the State Duma earlier than this period (Part 2 of Article 99 of the Constitution). The Constitution defines the Duma's term of office as four years (Part 1, Article 96).

The President of the Russian Federation dissolves the State Duma only in cases specified by the Constitution itself. If the State Duma three times rejects the candidates submitted by the President for the post of Chairman of the Government of the Russian Federation, the President dissolves the Duma and calls new elections (Part 4 of Article 111); if the State Duma, within three months, repeatedly expresses no confidence in the Government, the President has the right to dissolve the Duma (Part 3 of Article 117); The State Duma can be dissolved by the President if it refuses confidence in the Government when the question of such confidence was raised before it by the Chairman of the Government (Part 4 of Article 117). In the last two cases, an alternative to the dissolution of the State Duma is the decision of the President to resign the Government.

Bills submitted by the President to the State Duma as urgent are subject to extraordinary consideration at Duma meetings (Article 46 of the Rules of Procedure of the State Duma). The President approved the Regulations on the procedure for interaction with the chambers of the Federal Assembly in the legislative process.

The President of Russia is entrusted with the responsibility to sign and promulgate federal laws. This is the traditional function of the head of state, completing the legislative process by making the law binding.

From the constitutional status of the President as the head of state and guarantor of the Constitution, his obligation follows to include in the constitutional text the content of amendments and changes through the official publication of acts adopted in accordance with Art. 136 and 137 of the Constitution of the Russian Federation.

The President does not have the right to reject adopted amendments and changes to the Constitution - he is obliged to promulgate them, as in the cases provided for in Art. 107 (Part 3) and 108 (Part 2) of the Constitution, which vest the President with the authority to take certain actions to prepare adopted acts for publication.

The Constitution of the Russian Federation entrusts the President with the leadership of the foreign policy of the Russian Federation, i.e. general course states in international relations. The Constitution does not contain provisions on the goals and principles of foreign policy activities, and the place and role of the Federal Assembly in the development and approval of the concept of foreign policy is not defined. Thus, Art. 86 of the Constitution entrusts the President with exclusive responsibility for its development and implementation. For its part, the Government is taking measures to ensure the implementation of Russia’s foreign policy.

In accordance with the Constitution, the President negotiates and signs international treaties of the Russian Federation.

The authority of the head of state to negotiate and sign international treaties is recognized by the law of international treaties. According to paragraph 2 “a” of Art. 7 of the Vienna Convention on the Law of Treaties, the head of state, by virtue of his function and without the need for special presentation of powers, is considered to be the person representing his state in the performance of all actions related to the conclusion of treaties.

However, the legislator considered it necessary to incorporate this norm of international law into national legislation. So, in paragraph 1 of Art. 12 of the Federal Law of July 15, 1995 “On International Treaties of the Russian Federation” states that the President, as head of state, in accordance with the Constitution and international law, negotiates and signs international treaties of the Russian Federation without the need to present powers.

The President accepts letters of credence and letters of recall from diplomatic representatives. A letter of credence is a document issued to the heads of foreign diplomatic missions with the rank of ambassadors extraordinary and plenipotentiary or envoys to certify their representative character and accreditation. 15

The Constitution provides for broad powers of the President in the areas of organizing state defense, political leadership of the Armed Forces, and command and control of troops. The President, in accordance with the Constitution, forms and heads the Security Council, approves military doctrine, appoints and dismisses the high command of the Armed Forces, negotiates and signs international treaties on joint defense, on issues of collective security and disarmament, is the Supreme Commander-in-Chief, and introduces martial law.

In accordance with Art. 87 of the Constitution and the Federal Law “On Defense”, the President, by Decree of July 25, 1996 No. 1102, formed the Defense Council of the Russian Federation and approved the Regulations on it. The Defense Council is a permanent advisory body that prepares decisions of the President in the field of military development and the implementation of the most important decisions of the Security Council on strategic issues of defense policy. The Chairman of the Defense Council is the President, the Deputy Chairman is the Chairman of the Government. The composition of the Defense Council is approved by the President.

The President introduces martial law throughout the Russian Federation or in its individual localities with a declaration of a state of war, as well as in the event of an immediate threat of aggression. 16

Martial law is introduced by Presidential Decree with immediate notification of this to both chambers of the Federal Assembly. The Presidential Decree on the introduction of martial law requires the approval of the Federation Council (clause “b”, Part 1, Article 102 of the Constitution). 17

The President of Russia issues decrees and orders.

The current Russian Constitution of 1993 provides for the possibility of removing the President from office on the basis of charges brought against him for treason or committing another serious crime. The elements of such crimes are determined by the Criminal Code. Unlike resignation, which is voluntary, the removal of the President of the Russian Federation from office involves the forced deprivation of the head of state of his powers.

The Constitution of Russia, like the basic laws of other countries, regulates only the removal of the President from office. After impeachment, the President can be held accountable, if he committed a crime, under criminal law as an ordinary person.

Conclusion

This paper examines the republic as a form of government. Here are examples of different types of republican forms of government around the world. From this we can conclude that the worldwide processes of democratization of society are leading to the fact that the republican form of government is becoming one of the most widespread in the world.

But at the same time, in many countries, the republic as a form of government is going through evolution, gradually getting rid of elements of the monarchy, and all, more consistent with the principle of separation of powers, becoming a form of government that reflects the interests of citizens.

And in the Russian Federation these processes are not easy. But the fact is that in 1993 the Constitution of the Russian Federation was adopted, which is a guarantee that the Russian state stands in the way of the development of democracy.

Many criticize the Russian government structure. This is a normal process. State power must exercise its powers for the people and serve the people. Therefore, it can be modified during its existence in order to most fully reflect the interests and aspirations of the people.

So in France, after the short existence of the fourth republic, a new constitution was adopted and the scheme for exercising state power in the republic was adjusted, which was more suitable for a given country and a given people. Now we have received the result of this reform. According to various social indicators, France ranks among the first in the world.

This example reflects the principles of functioning of a republic in a truly democratic state, where the government exercises its powers for the people and for the sake of the people.

This example is very instructive for Russia, where participation in the process of governing the country is still considered as an opportunity to access the “feeding trough”, and the principles of democracy enshrined in the Constitution are not fully operational.

List of sources used

Regulations

Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) // Russian newspaper dated December 25, 1993 N 237 (as amended and supplemented dated December 30, 2008 N 6-FKZ and dated December 30, 2008 N 7-FKZ) // Russian newspaper dated January 21, 2009. N 7.

Federal constitutional law of May 30, 2001 N 3-FKZ "On a state of emergency" (as amended and supplemented by March 7, 2005 N 1-FKZ) // Parliamentary newspaper of June 1-7, 2001 N 99 .

Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” dated July 10, 2002 (as amended and supplemented on November 25, 2009 N 281-FZ) // Collection of laws of the Russian Federation. 2002, No. 28, art. 2790.

Resolution of the State Duma “On no confidence in the Government of the Russian Federation” dated July 21, 1995 // Collection of laws of the Russian Federation. 1995. No. 26 art. 2446.

Regulations on the plenipotentiary representative of the President of the Russian Federation in the federal district, approved by the Decree of the President of the Russian Federation. dated May 13, 2000 No. 849 // Russian newspaper. - 2000. - May 16.

Regulations on the approval of the composition of the Security Council of the Russian Federation dated November 14, 2005 // Rossiyskaya Gazeta. – 2005. – November 17.

Special literature

Baglay M.V., Tumanov V.A. Small encyclopedia of constitutional law. – M.: Beck, 1998. – 505 p.

Denisov A.I. Essence and form of the state. M., 1960. – 389 p.

Komarov S.A. Theory of Government and Rights. – M.: Norma, 2004. – 448 p.

Krasnov Yu.K., Enigibaryan R.V. Theory of Government and Rights: tutorial– 2nd ed. revision. and supplemented. – M.: Norma, 2007. – 576 p.

Kudryavtsev Yu.A. Political regimes / Yu.A. Kudryavtsev //Legal Studies. 2002. -No. 1. – P. 54 -58.

Lazarev V.V. Theory of State and Law: textbook, 2nd revision. and add. ed. – M.: Law and Law, 2002. – 520 p.

Levakin I.V. Modern Russian statehood: problems of the transition period // State and Law, 2003. - No. 1. – P. 27 – 34.

Malko A.V. Theory of Government and Rights. – M: Yurist, 2007. – 512 p.

Marchenko M.N. Theory of State and Law: textbook, 2nd ed. processed and additional – M.: TK Welby published. Prospect, 2006. – 640 p.

Morshchakova T.G. Constitutional Court of the Russian Federation. Resolutions. Definitions: textbook 5th ed. revised. and supplemented. – M.: Yurist, 2003. – 624 p.

Perevalov V.D. Theory of Government and Rights. – M.: Yurayt, 2008. – 616 p.

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   Law >> History

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COURSE WORK
Specialty 030501 “Jurisprudence”
Topic: “Republican form of government. Concepts and signs".

Completed by: student Maslyuk A.V.
Checked by: Associate Professor Lavrinenko N.I.
Submission date: "__" February 2010
Date of defense of the work: “__” February 2010
Grade: ______________

Rostov-on-Don 2010

CONTENT.

INTRODUCTION
The form of the state is one of the most important categories of the conceptual apparatus of the theory of state and law. It is largely determined by the essence of the state and is directly related to the main issue of politics - the question of the organization of state power, its structure. We can say that the form of a state is a structure, a certain model of the internal structure of the state, including its territorial organization, principles, methods of formation and interaction of public authorities, methods of exercising power, ensuring the implementation of a certain state policy. It is easy to see that all of the above affects the most important aspects of the life (functioning) of the state.
The diversity of state forms is explained by a number of reasons. The main ones among them are the following:
- historical traditions of development of national states;
- historical features of the formation of national statehoods;
- the real balance of social forces in the country;
- national composition of the country's population;
- the mentality of the population, expressed in “tolerance” towards the authorities;
- Foreign experience;
- standards of living;
- the degree of influence of the former metropolises on the choice of state form in countries previously dependent on them;
- the role of the international community.
The main components of this category are such concepts as “form of government”, “form of government” and “political regime”.
Forms of government are the structure of the highest bodies of state power, the procedure for their formation and the distribution of competence between them. There are two forms of government:
- monarchy (ancient eastern, Roman centralized, medieval early feudal, estate-representative, absolute, modern constitutional);
- republic (Athenian democratic, Roman aristocratic, Spartan aristocratic, medieval city-republics, modern parliamentary, presidential, socialist).
Monarchy (from the Greek “monarchia” - autocracy) is characterized by autocracy, i.e. ownership of power in the state by one person and a special form of transfer of power from one supreme ruler to another, usually in the order of succession to the throne. History knows several types of monarchy: absolute (or unlimited), constitutional, estate-representative and elective.
A republic (from the Latin “res” - business and “publicus” - public) is a form of government in which the organization and functioning of the highest bodies of state power are based on the principles of election and periodic turnover. In other words, under a republican form of government, the highest bodies of state power are either elected for a certain term and citizens are legally allowed to be elected, or are formed by a national representative institution. In this course work we will try to determine the main features of the republican form of government, the types of republics that exist now, and also talk about the form of government in the Russian Federation.

REPUBLICAN FORM OF GOVERNMENT.
Signs of a republican form of government.

Types of republics.

Anatomy of family regimes (the stability of super-presidential regimes turns into insoluble problems) // Kommersant. 2006. February 7.

1. Anatomy of family regimes (the stability of super-presidential regimes turns into insoluble problems) // Kommersant. 2006. February 7.
August 1979); Angola (José Eduardo Dos Santos from 21 September 1979); Egypt (Hosni Mubarak from October 14, 1981 - in September 2005, with 88.6% of the vote, was re-elected for the fifth time to a 7-year presidential term); Cameroon (Paul Biya from 6 November 1982); Mauritania (Taya Maaouaid Ould Sidi Ahmed from 12 December 1984); Uganda (Museveni Yoweri Kaguta since 26 January 1986); Zimbabwe (Mugabe Robert Gabriel since 31 December 1987); Chad (Debi Idris since December 4, 1990). 1
At the same time, regional political traditions in Latin American countries are directly opposite to African ones. For example, from the end of World War II until December 2005, Argentina and Bolivia each had 30 heads of state, and Brazil, Guatemala, Panama, Ecuador and Haiti - more than twenty.
Women are often elected to senior government positions in a number of countries. You can verify this by reading the following table

President of Liberia Helen Johnson-Sirleaf, elected November 8, 2005.
President of Chile Michel Bachelet, elected January 15, 2006.
President of Finland, Tarja Halonen, elected on January 29, 2006.
President of Ireland Mary McAleese, elected 31 October 1997
President of the Philippines Macapagal-Arroyo Gloria, elected May 10, 2004
Chancellor of Germany Merkel Angela, elected September 18, 2005 2

______________________________ ______________________________ ______
1.Presidents with the longest experience. Top 10 // Kommersant 2005. March 2
2. Vasilyeva A. Favorite women of the voter // Kommersant. 2006. February 1

The process of transfer of power.

1. Operation “Heir” (in Russia there are no mechanisms not only for democratic, but also for non-democratic transfer of power) // Kommersant. 2006. February 13.
2. IMPEACHMENT OF THE PRESIDENT.
The historical experience of a number of states indicates that society cannot be immune from unlawful actions even by state leaders. Therefore, as an administrative and preventive measure aimed not only at preventing, but, if necessary, suppressing unconstitutional actions, in states with a republican form of government, the possibility of impeaching the president of the country (including in Russia) is provided. During the period of official announcement of impeachment, the texts of the constitutions provide for restrictions on the powers of presidents related to the possibility of them introducing special legal regimes or dissolving parliaments.
The procedure for declaring impeachment is of a complicated procedural nature. The time limits and sequence of actions of the initiators of the process (deputies of parliament) determined by law are strictly regulated and controlled by the legislative and judicial branches of government. Therefore, impeachment proceedings are not resorted to very often. However, for last years The heads of several states, under pressure from parliament, had to resign early.
On charges of actions contrary to the interests of the country and not in accordance with the constitution, the following were removed from their positions: Brazilian President Fernando Color de Melo (September 29, 1992 on charges of corruption); President of Ecuador Abdalu Bucarama (February 6, 1997, accused of embezzlement of public funds and declared physically and mentally incompetent); Peruvian President Alberto Fujimori (November 21, 2001); Indonesian President Abdurrahman Wahid (23 July 2001 for a series of corruption scandals).
In early December 2003, a special commission of the Lithuanian Seimas, which investigated the scandalous history of the connection between the country's President Rolandas Paksas and the “Russian mafia,” began an official impeachment procedure, concluding that the president was not fully independent and independent in his actions. He "was and remains vulnerable, which poses a threat to the security of the country." 1
On March 31, 2004, the Constitutional Court of Lithuania, in its conclusion, recognized as fair three of the six previously formulated charges against the president:
- grossly violated the Constitution of the country by illegally granting Lithuanian citizenship to Russian businessman Yuri Borisov, the main sponsor of his election campaign;
etc.................

Being a sovereign country, Russia independently establishes its own form of government. Thus, the organization of government bodies, as well as the order of their activities, is determined.

The republican form of government in the Russian Federation is established by the Constitution. At the same time, the main feature of such a state structure is considered to be the turnover and election of the head of the country. In this, the republican form of government differs from the monarchical one. With the latter, as is known, power is more often inherited.

In Russia, the republican form of government provides for the renunciation of any continuous or independent holding of power, which will be based on individual law. Wherein political system focuses on experience and intelligence, and not on achieving an ideal goal, which, as a rule, leads to the establishment of totalitarianism. The Republican also provides for the formation of government agencies in accordance with the coordination of the interests of public administration with the steadfastness of civil freedom. The creation of governing bodies is carried out for a certain (limited) period through free elections.

The republican form of government provides for a democratic system. At the same time, democracy (as equal freedom for everyone) is a complement to the specified system of governance in the country. In turn, the republic in every possible way supports the rise and development of this freedom, equal for all, contributing to the equal distribution of social benefits. At the same time, equal elections, access to education, government positions, etc. are ensured.

There are two presidential and parliamentary.

The main political difference of the first is the concentration of powers of both the head of government and the head of the country in the hands of the President. Other features of this form of government include the extra-parliamentary method of choosing the head of the country. In this case, indirect or direct elections are used. In addition, the presidential republic also provides for an extra-parliamentary method of creating a government.

The system of higher government bodies under the parliamentary system of government is based on the principle of parliamentary dominance. At the same time, the government bears a collective responsibility to it. The government has power as long as it has a parliamentary majority.

Some modern countries with a republican form of government also have some features of a presidential system. Such states, in particular, include modern Russia. The combination of features of the two systems of government is reflected in the presence of the powerful power of the president, while maintaining the typical features of parliamentarism.

From the beginning of the formation of the constitutional system, Russia sought to strengthen the features of a presidential republic. At the same time, while ultimately having a presidential character, the public administration system retains certain external characteristics of a parliamentary country.

Today Russian Federation has a presidential-parliamentary or (as some sources call it) semi-presidential form of government. The President is elected by popular vote. It has its own prerogatives, which allow it to act independently of the government. At the same time, there is a government that is formed by ministers, has a chairman and is responsible to some extent to parliament.

Question 1. Republican form of government.

A republic (from the Latin res publica - state, public matter) is a form of government in which the head of state is elected and replaceable, and his power is considered to be derived from voters or a representative body.

Signs of a republic:

a) election of power;

b) limited term of office of the government;

c) dependence on voters.

Depending on who forms the government, to whom it is accountable and controlled, republics are divided into presidential, parliamentary and mixed. In presidential republics (USA, Brazil, Argentina, Venezuela, Bolivia, Syria, etc.), it is the president who performs this role; in parliamentary ones (Germany, Italy, India, Turkey, Israel, etc.) - parliament; in mixed ones (France, Finland, Poland, Bulgaria, Austria, etc.) - jointly the president and parliament.

In a presidential republic, the president is elected independently of parliament, either by an electoral college or directly by the people, and is simultaneously the head of state and government. The President himself appoints the government and directs its activities. The parliament in a given republic cannot pass a vote of no confidence in the government, and the president cannot dissolve the parliament. However, parliament has the ability to limit the actions of the president and the government through adopted laws and through approval of the budget, and in some cases it can remove the president from office (when he violated the Constitution or committed a crime). The president, in turn, is vested with the right of a suspensive veto (from the Latin veto - prohibition) on decisions of the legislative body.

In a parliamentary republic, the government is formed by the legislature and is responsible to it. 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 (chairman of the council of ministers, prime minister, chancellor), or a specific minister. 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 real head of state is the head of government.

A characteristic feature of mixed (semi-presidential, semi-parliamentary) republics is the double responsibility of the government - both to the president and to the parliament. In such republics, the president and parliament are elected directly by the people. The head of state here is the president. He appoints the head of government and ministers, taking into account the balance of political forces in parliament. The head of state, as a rule, presides over meetings of the cabinet of ministers and approves its decisions. Parliament also has the ability to control the government by approving the country's annual budget, as well as through the right to pass a vote of no confidence in the government.

The general features of the republican form of government are:

· the existence of a single and collegial head of state;

· election for a certain term of the head of state and other supreme bodies of state power;

· the exercise of state power not at its own behest, but on behalf of the people;

· legal responsibility of the head of state in cases provided for by law;

· binding decisions of the supreme state power.

The republican form of government was finally formed in the Athenian state. As social life developed, it changed, acquired new features, and was increasingly filled with democratic content.

There are several main types of republican government. In turn, they are divided according to the form of government into:

· parliamentary;

· presidential;

· mixed (semi-presidential).

§1. Parliamentary republic

Variety modern form state government, in which the supreme role in organizing public life belongs to parliament.

In such a republic, the government is formed by parliamentary means from among deputies belonging to those parties that have a majority of votes in parliament. The government is collectively responsible to parliament for its activities. It remains in power as long as they have a majority in parliament. If confidence is lost by the majority of members of parliament, the government either resigns or, through the head of state, seeks the dissolution of parliament and the calling of early parliamentary elections.

As a rule, the head of state in such republics is elected by parliament or a specially formed parliamentary board. 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. So in Germany, the president is elected by the federal assembly, consisting of members of the Bundestag, and the same number of persons elected by the state parliaments 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 suffrage, which is typical for Austria, where the president is elected for a term of six years.

The head of state in a parliamentary republic has the powers: he promulgates laws, issues decrees, appoints the head of government, is the supreme commander of the armed forces, etc.

The head of government (prime minister, chairman of the council of ministers, chancellor) is usually appointed by the president. He forms the government he heads, which exercises supreme executive power and is responsible for its activities before parliament. 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.

The main function of parliament is legislative activity and 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.

§2. Presidential republic

One of the varieties of the modern form of government, which, along with parliamentarism, combines in the hands of the president the powers of the head of state and the head of government.

The most characteristic features of a presidential republic:

· extra-parliamentary method of electing the president and forming the government;

· the government's responsibility is before the president, and not before parliament;

· broader powers of the head of state than in a parliamentary republic.

The United States of America is a classic presidential republic. The US Constitution, namely Article IV, states the following: “The United States guarantee to every State in this Union a republican form of government.” The republican form of government in the United States was implemented in the form of a presidential republic: the president of the republic is the head of state and government; the government is not responsible to Congress; The president does not have the power to dissolve the chambers of Congress.

The principle of separation of powers was taken as the basis for building a system of state power, which in American conditions was transformed into the so-called system of checks and balances. The Constitution created an organizational separation between the three branches of government - Congress, the President and the Supreme Court, each of which was given the opportunity to act independently within the constitutional framework. The established relationships between these organs are intended to prevent the strengthening of one of them at the expense of the other and to prevent one of the parts of this system from acting in a direction contrary to the directions of the other organs. The actual relationship between the three main authorities - Congress, the President (he is not called the President of the Republic, but the President of the United States) and supreme court are constantly changing, but the very principle of separation of powers remains unshakable.

All established legislative powers are vested in the United States Congress, which consists of the Senate and the House of Representatives. But the constitution does not speak about the legislative power in general, but only about the powers of the legislative power specified in the constitution itself. Consequently, Congress has limited legislative powers. This is due to the fact that in the United States there are another 50 state legislatures that legislate in accordance with their powers.

Executive power is exercised by the President, his powers are very extensive. The entire state administrative apparatus is under his direct subordination: ministers, heads of numerous departments, he directly manages the huge executive apparatus. The President of the Republic and the executive government apparatus form the presidential power in the United States. The president forms the administration, cabinet of ministers, and executive boards. The Cabinet of Ministers is an advisory body; the president is not obliged to follow its advice. The Cabinet of Ministers does not adopt any government acts.

As already mentioned, the executive power in the United States belongs to the president. The President of the United States is the head of state and government. His powers in the field government activities huge. Unlike the Emperor of Japan, the entire state administrative apparatus is directly subordinate to the president.

The President of the United States is elected indirectly for a term of 4 years. The same person can be elected president no more than twice. The presidential election campaign begins long before voters go to the polls to vote for electors. In early November, voters vote for state electors. Each state elects as many electors as there are elected representatives and senators from the state to Congress. When electing electors, multi-member electoral districts are established (one state - one district) and the majoritarian system of relative majority is applied. Under this system, the slate of electors from one party that receives relatively more votes than the other slates wins all of that state's seats in the Electoral College.

Once the number of electors chosen from each party is known, it effectively determines which candidate will become president. This situation has arisen due to the fact that in American practice the elector is considered not as a delegate of voters who can freely express his will, but as an agent of the party, obliged to vote for the candidate of the party from which he was elected.

In mid-December, electors meet in state capitals and cast ballots for president and vice president. The results of the state votes are sent to the President of the Senate. In the presence of members of Congress, the results are summarized and officially announced. President-elect The candidate who receives an absolute majority of electoral votes is recognized.

The president elected in mid-December takes office on January 20 of the year following the election. The president needs such a long period of time to form the presidential administration, cabinet of ministers, and executive boards.

The US Congress is elected by universal, equal and direct elections by secret ballot. The House of Representatives, consisting of 435 deputies, is elected for a term of two years in single-member constituencies. A person who has been a US citizen for at least seven years, is at least 25 years of age, and resides in the state where his constituency is located can be elected as a deputy.

The Senate consists of 100 senators: each state elects two senators for a term of 6 years. The Senate is renewed by 1/3 every 2 years. A person who has been a US citizen for at least nine years, is at least 30 years of age, and resides in the state from which he is elected can be elected as a senator.

Each chamber of Congress has its own internal ramified system of auxiliary bodies, which are designed to facilitate the implementation of constitutional powers: chairmen of chambers, committees, party factions, administrative and technical services.

The President of the House of Representatives is the Speaker, who is formally elected by the House. His election is predetermined, since he is a representative of the majority party faction in the House. The Speaker of the House of Representatives is the “third” official in the state. He takes over as President of the Republic, succeeding the Vice President in the event of a vacancy. The Senate is presided over by the Vice President. In case of his absence, a temporary chairman is elected from the majority party faction.

An important role in the activities of Congress is played by committees: joint, committees of the entire chamber, special, conciliatory, permanent. Joint committees include members of both houses of Congress (Economy, Taxation, Library of Congress) and coordinate the activities of the Houses of Congress in a particular area. The Committee of the Whole House is a meeting of the House in in full force, which acts as a committee to expedite the passage of a bill. In this case, the discussion of the issue takes place according to the regulatory procedure of the committee. Special committees are temporary in nature. They are created to solve a specific issue. Conciliation committees are established by both houses in the event of disagreement between them on a particular issue.

The decisive role in the legislative activities of the Congress belongs to the standing committees of the chambers. There are 22 standing committees in the House of Representatives. The Senate has 16 standing committees. Standing committees determine the fate of each bill. Practice shows that 90% of bills approved by standing committees are adopted by the chambers without amendments.

Financial Powers of Congress: To lay and collect taxes, duties, imposts and excises uniformly throughout the United States; pay debts, make loans, mint coins, regulate the value of U.S. currency, establish penalties for counterfeiting government securities and coins.

Powers in the field of economics and trade: make uniform laws on bankruptcy issues, regulate trade with foreign countries and between individual states.

Military powers: declare war, raise and support an army, create and maintain a navy.

Other powers of Congress: regulate the procedure for acquiring US citizenship, establish federal courts.

Having defined these powers, the Constitution stated that “Congress shall have the power...to make all laws which shall be necessary and proper” to carry out the enumerated powers. This constitutional provision allows Congress to expand its powers.

The Constitution established a number of prohibitions for Congress: not to confer titles of nobility, not to violate the procedural rights of citizens, not to impose taxes or duties on goods exported from the state, and not to issue money from the Treasury except on the basis of law.

The competence of the chambers of Congress is not the same. Finance bills can only be introduced in the House of Representatives. It also formulates impeachment charges against the President of the Republic and other senior officials, and elects the President of the Republic if no candidate receives an absolute majority of the electoral votes. The Upper House is also vested with exclusive powers. Only the Senate has the right to ratify international treaties, approve appointments to the highest positions in the state made by the president, and decide the question of guilt official by way of impeachment, elect a vice president if no candidate receives an absolute majority of the electoral votes. The Senate is considered as a body representing the interests of the states and ensuring the continuity of state power; for this purpose, the Senate is renewed in parts.

Congress exercises its powers by passing laws and resolutions. The legislative process in the US Congress is implemented, as in many other countries, from the following stages: introduction of a bill, discussion and adoption. Only members of the chambers have the right to introduce a bill. Moreover, bills, as a rule, are introduced simultaneously by representatives and senators. In practice, the legislative initiative of members of Congress is largely determined by the messages of the President of the Republic, which directly indicate what laws should be adopted. The discussion takes place in three readings. The first reading is formal, during which the bill is registered, members of the chambers are notified and the bill is sent to standing committees. Amendments are made during the second reading. During the third reading, a discussion of the bill as amended takes place; amendments (except for editorial ones) are not allowed in the third reading. After this, the bill is put to a vote. The third stage is the adoption of the bill. After a law is passed in each chamber, it is sent to the president for approval.

In case of disagreement between the chambers on any bill, a conciliation committee is created from members of both chambers on a parity basis. The text of the bill approved by the conciliation committee cannot be changed by the chambers. However, if the chambers again disagree, a new conciliation committee will be created or the bill will be considered rejected.

In lawmaking, the chambers of the American Congress have equal rights: all laws are adopted with the consent of both chambers.

The US Cabinet, in terms of its internal structure, belongs to the so-called continental system, i.e. The government includes all heads of central departments with nationwide territorial jurisdiction. The American Constitution says nothing about the cabinet. Nevertheless, by the end of D. Washington's two-term presidency, the cabinet entered into ordinary state life and acquired the features of a government, although it had no legal basis for its existence.

Currently, the cabinet includes the heads of 13 departments. In addition to the 13 heads of executive departments, the members of the cabinet are the president and vice president. The President may grant cabinet rank to certain other senior federal officials.

The American cabinet is a purely advisory body, since all decisions within the powers of the executive branch are made only by the president alone. In fact, the decision-making process can be carried out by the president without the participation of the full cabinet. For this purpose, presidents often create narrower advisory panels consisting of the most trusted people.

The Cabinet of Ministers does not have constitutional status. The Constitution enshrines the right of the President “to solicit the opinion...of the chief officer in every executive department...”. Ministers are appointed by the President “with the advice and consent” of the Senate. The Cabinet does not adopt any government acts.

A striking example of the first type is France.

“France is an indivisible, secular, democratic and social Republic.” This was established by the French Constitution of 1958. The Basic Law established a republican form of government, which has a mixed character, since it has the features of a presidential republic (the head of state is elected without the participation of parliament, the government is appointed by it) and a parliamentary republic (the government is responsible to the lower house of parliament) .

The main feature of the 1958 constitution is the concentration of political power in the hands of the executive bodies. The concentration of power in the hands of the head of state and government is one of the manifestations of the constitutionally enshrined authoritarian tendency in the French political regime. The President is at the top of the hierarchy of government bodies. Article 5 of the Constitution assigns to him the duty to ensure “by his arbitration normal functioning state bodies, as well as the continuity of the state.” The same article declares that the president is “the guarantor of national independence, territorial integrity, compliance with Community agreements and treaties.” The President has broad legislative prerogatives. He is vested with the right of legislative initiative. In relation to parliament, the president has the power to dissolve the lower house of parliament.

The legislative body of the Republic - the parliament - plays a relatively small role in the political life of the country. Parliament consists of two chambers - the National Assembly and the Senate. The main function of parliament - passing laws - is severely limited by the constitution. The Constitution precisely defines the range of issues on which Parliament has the power to make laws. Issues not included in this list are the responsibility of the government. Parliament's rights are also limited in the financial sphere. The Constitution sets a certain deadline for parliament to pass financial bills. Parliament has the right to control the activities of the government.

The Government of France - the Council of Ministers, according to Art. 20 of the Constitution, “determines and conducts the policy of the nation.” The government consists of the Prime Minister - the head of government, ministers heading ministries, and state secretaries leading the divisions of individual ministries. The government is responsible to the National Assembly. If the resolution of censure is passed by an absolute majority of the National Assembly, the government must resign. The Constitution specifically outlines the powers of the Prime Minister. He is entrusted with responsibility for national defense, he must ensure the implementation of laws and carry out rule-making activities.

The Constitutional Council is a special body that monitors compliance with the Constitution. All laws before their promulgation by the President and the regulations of the chambers before their adoption must be submitted to the consideration of the Constitutional Council, which gives an opinion on whether they comply with the Constitution. If the Constitutional Council decides that a particular act is contrary to the Constitution, it has the right to repeal it. The powers of the Constitutional Council also include monitoring the progress of presidential elections and referendums.

The process of concentration of political power in the hands of executive bodies led to a change in the status of parliament. Government power granted ample opportunities to influence parliament, and in some cases to act “over its head.”

The President of the Republic is elected for a term of seven years by universal and direct suffrage.

The President of the Republic is elected by an absolute majority of votes cast. If it is not received in the first round of voting, then a second round is held on the second Sunday following it. Only two candidates can participate in it, who - if candidates in a more favorable position are withdrawn - will be the winners greatest number votes in the first round.

The voting time is set by government decision. The election of a new president takes place no less than twenty and no later than thirty-five days before the expiration of the term of office of the president in office.

In case of vacancy of the office of the President of the Republic for any reason or in the event of obstacles to the performance of the President of his duties established by the constitutional council, which is requested by the government and which decides by an absolute majority of its members, the functions of the President of the Republic are temporarily carried out by the President of the Senate, and if he, in turn, has obstacles, then by the government.

In the event of a vacancy and if the impediment is declared final by the constitutional council, the vote for the election of a new president takes place - except in the case of force majeure - no less than twenty and no later than thirty-five days after the vacancy or the declaration of the final nature of the impediment.

If, during the seven days preceding the closing date for nominations, one of the persons who have publicly declared their decision to be a candidate at least 30 days before the said date dies or becomes impeded, the constitutional council may decide to postpone the election.

If before the first round of elections one of the candidates dies or encounters obstacles, the constitutional council decides to postpone the elections.

In the event of the death or impediment of one of the two candidates in the most favorable position in the first round before possible withdrawal of candidatures, the constitutional council shall announce a new conduct of all electoral operations; he acts in the same way in the event of death or obstacles in one of the two candidates remaining to participate in the second round.

The President of the Republic occupies the top of the hierarchy of government bodies. The formal legal powers of the president are divided into those exercised by him personally and powers that require countersignature from the prime minister or responsible ministers. In practice, there are other personal powers, in particular, the Prime Minister is appointed without countersignature.

The most important personal power of the President of France is the right to dissolve the National Assembly, which is limited by only three conditions: 1) dissolution cannot be carried out within a year following the previous dissolution; 2) during a state of emergency; 3) the interim president of the republic, i.e. Chairman of the Senate, holding the vacant position of head of state until the election of a new president.

The President may submit to a referendum any bill concerning the organization of public authorities, which, without contradicting the constitution, would affect the functioning of state institutions.

The role of the head of state especially increases when he decides to introduce a state of emergency in the country. Article 16 of the constitution allows the president to impose a true one-man dictatorship, during which he takes all measures that, in his opinion, are dictated by the circumstances. But this article stipulates two conditions for introducing a state of emergency: first, one of four requirements must be present - a serious and immediate threat either to the institutions of the republic, or to the independence of the nation, or to the integrity of its territory, or to the fulfillment of international obligations; second, the normal functioning of government bodies created in accordance with the constitution must be disrupted. This article cannot be used in other circumstances, and the President cannot introduce it whenever he wants. However, the lack of sufficient legal and political guarantees makes the right to declare a state of emergency the most formidable weapon in the hands of the president. To introduce it, the head of state is only required to obtain “official consultation” from the Prime Minister, the chairmen of the chambers and the Constitutional Council and address the nation with a message. It is not necessary to take into account the received opinions of the above-mentioned persons. The restraining body in this situation should have been parliament, but in practice it has no control functions. True, parliament cannot be dissolved at this time and it has the right to transfer the case of high treason by the president to the High Chamber of Justice, but the concept of high treason is very vague and there is no official interpretation of this term.

The president shapes the executive branch practically from top to bottom. He appoints ministers and all senior officials. The President is the head of the armed forces and presides over the highest councils and committees of national defense. Extremely important is the right of the president, which is not regulated by the constitution, to put into operation strategic nuclear forces; this right is provided for by a simple decree of January 14, 1964.

In area international relations The th president concludes and ratifies international treaties, with the exception of those that require mandatory ratification by parliament. Ratification requires the counter-signature of members of the government.

In the judicial field, the president is the holder of the traditional right of the head of state - the right of pardon. The President is at the top of the judiciary, being the guarantor of its independence.

The second part of the powers of the head of state, which requires the countersignature of the prime minister or ministers, is also very significant. He presides over the Council of Ministers, signs decrees and ordinances adopted by it; takes part in the consideration of government bills; appoints civil and military positions, accredits ambassadors and envoys extraordinary to foreign countries. With the countersignature of ministers, the right to convene parliament for extraordinary sessions is exercised; by his decision, the chambers form Congress to ratify the amendments.

In practice, the president has greater rights than the letter of the law implies. Thus, he makes decisions in areas within the competence of the government when there is a majority in parliament of the same color as the president. The president sometimes openly interferes with the prime minister's authority. Thus, the issuance of ordinances on the basis of a delegation received from parliament, raising the issue of confidence and some others cannot be done without the sanction of the president.

The President is assisted in his activities by a personal staff of several hundred people. It consists of a cabinet, a general secretariat, a military headquarters, several officials for special assignments; all employees of these services are personally appointed by the president.

The French government is a collegial body consisting of the prime minister and ministers. In accordance with the constitution, they are distinguished: the Council of Ministers - a meeting of ministers chaired by the President of the Republic, and the Cabinet of Ministers - a meeting of ministers chaired by the Prime Minister. It is the Council of Ministers that exercises the powers constitutionally vested in the government.

The government is appointed in the following way: The President of the Republic selects a candidate and appoints a Prime Minister. The prime minister selects ministers and presents them to the president, who appoints them. The president has considerable freedom when choosing a candidate for the post of prime minister. This is his personal right. The only important thing is that no confidence is given to the Prime Minister when voting in the National Assembly. In other words, the president must take into account the balance of party forces in the lower house of parliament.

The French government, as already noted, is a collegial body consisting of the prime minister and ministers. According to the constitution, they are distinguished: the Council of Ministers - a meeting of ministers chaired by the president and the Cabinet of Ministers - a meeting of ministers chaired by the prime minister. It is the Council of Ministers that exercises the powers constitutionally vested in the government. All acts emanating from this body are signed by the President of the Republic. The Prime Minister can preside over the Council of Ministers in very rare cases and only with the special authority of the President and for a specific agenda. The position of the prime minister, like the president, is very ambiguous in practice and his role in governance depends on the party composition of the National Assembly.

The powers of the government are divided into those exercised by it collectively and those exercised personally by the Prime Minister. In the first case, they are under the direct influence of the President of the Republic. An innovation was the establishment of the incompatibility of the position of a member of the government with the possession of a parliamentary mandate, with any position of professional representation of a national character, as well as with any public service or professional activity. The Constitution and organic legislation do not prohibit combining membership in the government with the possession of the mandate of municipal councilor, with the position of mayor, member and even chairman of the general and regional council. The discrepancy between the ministerial position and the parliamentary mandate has led to increased independence of the executive branch and the subordination of ministers to the direct control of the head of state, especially when the president and the majority of seats in the National Assembly belong to the same party grouping.

The prime minister has a special role in the government. He coordinates the work of ministries, controls it, and gives instructions on the drawing up of the most important acts. He chairs inter-ministerial committees; may also preside over the Council of Ministers. The Prime Minister is responsible for national defence. These powers must, however, be considered in conjunction with the very important powers of the President. The prime minister's authority to appoint military and civilian officials is residual and delegated. The activities of the Prime Minister in the field of governance are important. He “enforces the laws.” It exercises regulatory power and issues decrees that are not considered by the Council of Ministers. These decrees of no less high level, even those adopted in the Council of Ministers, are issued by the Prime Minister with the countersignature of the relevant minister.

The Prime Minister has significant powers in relation to Parliament, some of which he exercises personally, others in cooperation with the President. The prime minister can propose to the president to convene parliament when it is not in session. The Prime Minister has the right of legislative initiative, personally participates in the preparation of bills, can participate in the work of parliamentary commissions and in chambers, and must be heard there at any time.

The Prime Minister has the right to convene mixed parity commissions in case of disagreement between the parliamentary chambers regarding any bill; he may ask the President to invite Parliament to reconsider the bill; he has the right to raise the issue of confidence in the National Assembly. The Prime Minister has the personal right to submit a bill to the Constitutional Council with a demand to declare it unconstitutional, firstly, and to demand a decision on the separation of legislative and regulatory powers. He widely uses this last right.

Parliament consists of two chambers: the lower - the National Assembly and the upper - the Senate. Passive suffrage is granted for election to the National Assembly at the age of 23, to the Senate - from the age of 35. In all elections there is an electoral deposit. For elections of deputies it is 1 thousand francs per candidate, for senators - 200 francs. According to the official version, the payment of bail is explained by the need to cover election campaign to at least partially and to some extent prevent the nomination of persons who put forward their candidacy not for the purpose of election, but for other purposes.

The National Assembly is elected for a term of 5 years by universal, direct suffrage using a mixed majoritarian system: in the first round, to be elected, you must receive an absolute majority of the votes cast (one deputy is elected from the constituency). If after a week no one has received such a majority, then a second round is held a week later. Candidates who receive at least 12.5% ​​of the votes from the number of voters included in the lists are allowed into it. To be elected in the second round, it is enough to receive a relative majority of votes. Under the existing multi-party system, a small portion of seats are filled in the first round. The main battle takes place in the second round. The possibility of blocking parties determines the tactics in the second round. The parties, having aligned themselves, nominate one candidate, usually removing the rest.

The upper house - the Senate - is formed differently. According to the founders of the Fifth Republic, the special conditions for the formation of the Senate should give it a different political “face” than that of the National Assembly. This chamber is formed mainly by three-degree elections. Senators are elected to 9-year terms in colleges in each department. The Chamber is renewed by 1/3 every three years, which leads to a decrease in the influence of the electoral corps on the composition of the Senate and does not allow it to dramatically change the political course.

Elections for senators take place in the main city of the department and are carried out according to two systems. Proportional is used in departments that elect 5 or more members of the chamber. There are 13 such departments, and the number of senators from them is 69. In the remaining departments, a two-round majority system is used. Establishment various systems has a political purpose. Proportional representation from large industrial departments allows non-working-class populations to be represented in the Electoral College and then qualify for seats in the Senate. The majority system in other departments does not provide adequate representation of the urban population, which is in the minority there.

The functions of the French parliament are not much different from the functions of the central representative bodies of other foreign countries; They are divided into legislative, economic, control, judicial and foreign policy.

Parliament meets for one session a year: it opens on the first working day of October and ends on the last working day of June. In addition, it meets by full right during a state of emergency and after the re-election of the National Assembly, unless the second Thursday after the election falls during a regular session. Extraordinary sessions of Parliament are convened with a specific agenda either at the request of the Prime Minister or a majority of the members of the National Assembly. Each time the opening and closing of such sessions is carried out by decree of the President of the Republic.

To direct the work, each chamber creates a bureau. In addition to the chairman of the chamber, who plays a significant role in the lower and especially the upper house, the bureau includes vice-presidents, secretaries and quetors. The President of the Senate, in the event of a vacancy in the post of President of the Republic, temporarily performs his duties; each chairman appoints three members to the Constitutional Council; The President of the Assembly presides over Congress when constitutional amendments are submitted to it for ratification. The chairmen must be consulted by the president when he intends to declare a state of emergency. Chairmen have the right to decide whether proposals for laws and amendments are unacceptable when the government declares that the scope of these acts falls within the regulatory field. Both chairmen ensure order and operation of the chambers. They have the right to call the armed forces.

The legal status of members of parliament does not differ in any particular way from elected representatives in other countries. Parliamentarians are seen as representatives of the entire nation and perform their functions on the basis of a representative rather than an imperative mandate. In France there is no right to recall a parliamentarian. An ordinary voter can monitor the activities of his deputy based on reports in the press and media. Mandatory public meetings, provision of seats for representatives of the media, keeping a special protocol, recording the speech of each deputy and senator and publishing materials of parliamentary discussions, printing a list of deputies and senators for each vote indicating the nature of the vote of each of them, to a certain extent, provide information about the behavior of deputies.

French law seeks to ensure the independence of parliamentarians and the representative institution itself from the encroachments of the executive branch. Such measures include rules on incompatibility of positions. The law allows persons whose positions are specified in its provisions to be members of Parliament, but these persons must resign from office within a certain time if elected. These provisions are intended not only to ensure the independence of the parliamentarian, but also to provide him with the opportunity to devote himself to parliamentary activities. The personal independence of a parliamentarian includes immunity, which consists of non-responsibility and inviolability and the provision of material opportunities for the parliamentarian to ensure his activities. Irresponsibility presupposes the impossibility of prosecuting a parliamentarian for his opinions or votes. The purpose of immunity is to prevent harassment and pressure on a member of parliament.

Article 34 of the constitution sets out the list of issues on which parliament can legislate. All areas outside those mentioned in this article are the responsibility of the government. Disputes about the ownership of a particular sphere of regulation are resolved by the Constitutional Council. In addition to the established range of issues on which parliament can legislate, its powers in this area are also limited:

1) the opportunity for the president of the republic to act over the head of parliament when holding a referendum; 2) the possibility of parliament delegating its powers to the government on certain issues;

Parliament has the right to change the current constitution. Despite the fact that the economic powers of parliament include, first of all, the adoption of economic plans for the development of the national economy, control over their implementation, the adoption of financial laws and laws on budget execution, parliament has little influence on the fate of the state budget. The government plays the main role in its adoption.

The legislative initiative belongs to the prime minister and parliamentarians. The President of the Republic does not formally have the right to such initiative. Based on Art. 40 of the Constitution, bills are not acceptable if the consequence of their adoption would be a reduction in revenues or the creation or increase of state expenses. This requirement greatly reduces the possibilities of parliamentarians.

The government has the right to demand from the chamber a single vote on the entire text under discussion or part of it, taking into account only the government’s amendments. This procedure is called “blocked voting.” This procedure allows the government to interrupt the discussion at any time.

To avoid a “shuttle,” the 1958 constitution provided for a procedure for overcoming Senate resistance, but only when the government wanted it. “If, as a result of disagreement between the Houses, the bill has not been adopted after two readings in each House, or if the Government requests urgent discussion of it, then, after one reading in each House, the Prime Minister has the right to convene a meeting of a mixed parity commission authorized to continue the act relating to the provisions on which disagreements remain.” To speed up the passage of the project, the Prime Minister may therefore request the introduction of an urgent procedure.

After the bill is passed by parliament, it is submitted to the president for promulgation. The head of state may, however, require parliament to reconsider the law or some parts of it. Such consideration cannot be refused. The law is countersigned by the Prime Minister and the relevant minister and published.

The delegation of powers to the government is carried out under two conditions - if the government has a program and receives the authority of parliament. The transfer of powers is limited to a certain period of time. Subject to these conditions, the government can, by issuing ordinances, take measures that are usually within the scope of legislative regulation.

The French parliament uses almost all known forms of control over government activities; the exception is interpellation. Although Article 156 of the Rules of Procedure of the National Assembly mentions it, this right of parliamentarians must be subject to the same rules as the resolution of censure. All forms of control can be divided into two large groups: 1) not containing direct sanctions against the government, other than public disclosure; 2) containing such a sanction leading to political responsibility of the government. The first group is carried out in both houses of parliament, the second - only by the National Assembly.

Associated with the control powers of parliament are the rights of petition and the activities of the parliamentary mediator. The right of petitions is that various types of appeals are sent to the chairmen of the chambers. Petitions can also be submitted to parliamentarians, who write in the margin and sign it.

The political responsibility of the government means that members of the National Assembly can force the government to resign, either by passing a resolution of censure or by withholding the confidence requested by the government. Only the Assembly can decide the issue of political responsibility.

The French Parliament is characterized by significant restrictions on the use of votes of confidence and resolutions of censure. The issue of trust is a double-edged sword, since both the government and the National Assembly could be out of work as a result of a negative vote.

The issue of confidence in connection with the adoption of the bill is the government's open pressure on the National Assembly in order to force it to adopt a favorable draft. The debate is then adjourned for 24 hours to allow the deputies to introduce a resolution of censure, which is passed under stricter rules than the issue of confidence. By raising the issue of confidence on the basis of the third paragraph of Article 49 of the Constitution, the government seems to be calling the Assembly against itself, but on unfavorable terms.

The Assembly's most formidable weapon, the resolution of censure, is severely limited by a number of procedural clauses in favor of the government. Firstly, the right to introduce such a resolution is not granted to an individual parliamentarian, but only to a group of deputies. Secondly, a resolution can only be voted on 48 hours after it is introduced. Third, the adoption of a resolution requires an absolute majority of votes of the members constituting the National Assembly. The last restriction is the prohibition for the authors of a resolution to introduce a similar one during the same session, regular or emergency. The prohibition does not apply to cases where deputies introduce a resolution of censure in response to a question of confidence being raised. As a result, if the opposition has two hundred seats in the National Assembly, then during the session it can introduce 3-4 resolutions of censure.

The foreign policy powers of parliament come down to two - declaring war and introducing a state of siege in the country and ratifying international treaties.

The second type of mixed republican form of government is the form of government established in Switzerland. Switzerland has a constitution that combines the features of presidential and parliamentary forms of government. Although parliament elects the government, it cannot be recalled by it. In turn, the government does not have the right to make decisions regarding parliament. Government post and parliamentary mandate are incompatible. The government forms a collegial body, and also has - in contrast to the presidential system - the formal possibility of legislative initiative.

Conclusion

Characteristic of all presidential republics, despite their diversity, is that the president either combines the powers of head of state and head of government and participates in the formation of the cabinet or council of ministers (France, India). The president is also vested with other important powers: as a rule, he has the right to dissolve parliament, 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.

In civilized countries presidential republic 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.

In Latin American countries, “super-presidential republics” are often found. This form of government is practically independent, weakly controlled by the legislative and judicial authorities. This is a special conglomerate of a traditional form with semi-dictatorial management.

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

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