Common signs republican form boards 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;

· 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 the public life 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 shape government structure on the:

· 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 constitutional boundaries. 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 called not the President of the Republic, but the President of the United States) and the Supreme Court is constantly changing, but the principle of separation of powers itself 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 selects as many electors as the number of 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. The candidate who receives an absolute majority of electoral votes is recognized as the elected president.

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, has reached the age of 25, 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 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. The House of Representatives has 22 standing committees. 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 excise taxes 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, decide on the guilt of an official through impeachment, and elect a vice president if no candidate receives an absolute majority of 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 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. Also, the powers of the Constitutional Council include monitoring the progress presidential elections, holding 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 the two candidates who, if the more favored candidates are withdrawn, will be the ones with the most votes in the first round may participate.

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 the 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 in practice very ambiguous 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 a deposit is explained by the need to cover the election campaign at least partially and to some extent prevent the nomination of persons who are nominating 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 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 imposing 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, a presidential republic is distinguished by a strong executive power, along with which the legislative and judicial powers function normally according to the principle of separation of powers. An effectively functioning mechanism of costs and balances that exists in modern presidential republics facilitates the harmonious functioning of authorities and avoids arbitrariness on the part of the executive branch.

In countries Latin America“super-presidential republics” are common. 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.

Bibliography

1. Modern foreign constitutions. - comp. Maklakov V.V., M., 1992

2. Foreign constitutional law. - ed. Maklakova V.V., M., 1996

3. F.M. Reshetnikov. Legal systems of the countries of the world. -, M., 1993

4. Mishin A.A., Barbashev. State law of bourgeois and developing countries. - M., 1989

5. Radugin A.A. "Political science". – M., 1999

6. Khropanyuk V.N. - “Theory of State and Law” Moscow 1993

7. General theory of law “Textbook Moscow 1993

8. “State law of bourgeois and liberated countries.” Textbook Moscow 1988

9. Matuzov N.I. , Malko A.V. “Theory of State and Law.” - M.: 1997.

A republic (from Latin res publica - public matter) is a form of government in which supreme power is exercised by elected bodies, i.e. elected by the population or other government bodies for a certain period.

A republic is a form of government in which the government is collegial, elected for a certain period of time and responsible to the population.

A republic is a form of government in which the highest state power belongs to government bodies elected for a certain period of time, elected by the population.

The features of a republic are:

The people are recognized as the source of power. The people exercise power through referendums, elections of supreme and local representative bodies of government, as well as local self-government bodies;

election for a certain term of the head of state, parliament and a number of other supreme bodies of state power. As a rule, legal acts clearly define the term of office of certain bodies;

legal responsibility of the head of state. Officials elected bodies of state power bear political responsibility to their voters. It can be expressed in such forms as early recall of a deputy, dissolution of parliament, resignation of the government, removal of the president from office;

in cases provided for by the Constitution, the president has the right to speak on behalf of the state;

The highest state power is based on the principle of division of state power according to a clear delineation of powers.

The principle of division into branches can also be present in a monarchy (for example, in Great Britain). Therefore, all signs must be considered together. Mazutov N.I., Malko A.V. Theory of state and law.-M.:Yurist.2007.-P.68.

Types of republican forms of government

The classification of republics is connected with the way in which state power is exercised and which of the subjects of state-legal relations is endowed with a large number of powers.

Republics are divided on three grounds: how parliament is elected, how the government is formed, and what extent of powers belongs to the president.

1. presidential republic - characterized by a significant role of the president in the state system. bodies to combine the powers of the head of state and the head of government.

The following can be distinguished as features of a presidential republic:

as a rule, an extra-parliamentary method of electing the president and forming the government;

the government's responsibility is to the president, not to parliament;

the president forms the government

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

The elected head of state is usually also the head of government.

Classic presidential republic - USA (the basis of the constitution is the principle of division of power into branches, the legislative belongs to the Congress, the executive belongs to the president, the judicial belongs to the Supreme Court). The president forms the government from persons belonging to his party.

Advantages of a presidential republic:

According to Morozov L.A. “The advantages of a presidential republic usually include its stability and greater efficiency, since the president, having broad powers, largely determines the policy of the state, and managerial influence is more targeted, since it comes from the center.” Morozova L.A. Theory of State and Law. - M.: Yurist. 2002.-P.78.

Disadvantages of a presidential republic:

According to Morozov L.A. The main disadvantage of a presidential republic is the excessive concentration of power in the hands of one person - the president. Hence the possibility of its abuse, which often leads to a cult of personality and the transformation of a presidential republic into a super-presidential one, when representative bodies practically lose their significance.

A parliamentary republic is a type of republic with a preponderance of powers in favor of parliament. The government is formed from the party (majority in parliament).

Signs of a parliamentary republic (my point of view):

The government is formed by the legislature.

Responsibility of the government to the legislature.

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.

The president has a less wide range of powers, in particular, regulations issued by the president must be approved by the government or parliament (Germany, Austria, Italy) Has the following powers: promulgates laws, issues decrees, appoints the head of government, is the supreme commander of the armed forces, etc. .d.

The head of state is elected by parliament or by a specially formed wider electoral college that includes, along with members of parliament, representatives of regional self-government bodies. 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.

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.

Countries: Italy, Turkey, Germany, Greece, Israel, Austria, Switzerland, Iceland, Ireland.

Advantages of a parliamentary republic:

According to Morozov L.A. “A parliamentary republic is considered more democratic, since the government is formed by a collegial body - parliament, and not by one person, as in a presidential republic. Therefore, there are no objective prerequisites for the concentration of power in one hand.” Morozova L.A. Decree. Op.-P.79.

Disadvantages of a parliamentary republic

According to L.A. Morozov, “the main disadvantage of a parliamentary republic is that with a multi-party system, frequent government crises are possible. An example is Italy, where until the 90s, the government changed almost every year.” Morozova L.A. Decree. Op.-P.79.

A mixed republic is a form of government that combines the characteristics of both a parliamentary and presidential republic.

Signs:

The President is elected extra-parliamentarily

The government is formed by the president from the leaders who win the parliamentary elections

Dual responsibility of the government: to parliament and to the president. Accordingly, the government is responsible both to the parliament (vote of no confidence) and to the president (resignation).

The President has the right to dissolve parliament

There is a post of prime minister

Countries: (Poland, Portugal, Bulgaria, Russia, etc.).

For example, along with a strong president, who is also the head of the government, parliament also participates in the formation of the government, for example, it approves ministerial candidates nominated by the president. At the same time, the government is responsible not only to the president, but also to parliament. “Another option for a mixed republic is increased independence of the government, an increased role of the head of government.” Buslenko N.I. Legal dictionary-reference book.-M.: Rostov-on-Don.1996.-P.254.

This form of republic was first established in 1958 in France on the initiative of Charles De Gaulle, who sought strong presidential power, but took into account the traditions of parliamentarism in his country.

Advantages: the ability to overcome the shortcomings of a parliamentary and presidential republic.

Even the ancient Greek historian Polybius wrote that only a wise legislator is able to overcome the cycle of political forms. To do this, it is necessary, Polybius assured, to establish a mixed form of state, combining the principles of monarchy, aristocracy and democracy, so that each counteracts the other. “Such a state would invariably remain in a state of uniform fluctuation and equilibrium.” At the same time, he especially singled out Rome, where all three elements were represented: monarchical (consulate), aristocratic (Senate) and democratic (national assembly).

Super-presidential republic: A. Fish, systems where the legislative power is weak and systems in which the president has such powers as dissolving parliament, he calls the system of a super-presidential republic. Chirkin also identifies this type of republic as a super-presidential one. Professor Chirkin (article atypical forms of government: he Russian Federation refers to the super-presidential due to its extensive powers.)

From a formal legal point of view, Russia is also a semi-presidential republic, in which, in addition to the post of president, there is a parliament (Federal Assembly) and a government. In reality, the existing model government controlled closer to a presidential republic. At the same time, the Russian Constitution allows for the possibility of changing the form of government towards a parliamentary republic. For example, the President of Russia has the right to form the government of the country from the parliamentary majority. At this stage, such a trend is visible.

The history of Russia, as well as foreign historical experience, testifies to the need to centralize public administration in countries not only with a large territory, but also with big problems. Russia has both modern stage historical development is available in sufficient quantities. It should be noted that strong power and authoritarianism are far from synonymous. For example, the Chancellor of Germany has a very large amount of power, but he can hardly be called a dictator.

Republic, being an ancient form public organization, is currently the most widespread and in demand in the world as a method of government, regulated by the majority of its citizens.

According to republican principles of government, citizens of the state exercise their political rights and freedoms by regularly electing their representatives (deputies, president) to higher authorities authorities and thereby controlling their composition.

Thus, in a republican state, the powers of the supreme authorities (parliament and president) must be based on popular trust. The people determine who should take a place in the structure of state power that represents their interests.

Republic- This is a form of government, which is based on the electoral principle. The highest authority under a republican form of government, as opposed to monarchical, carried out at the will of the people or the institution representing them (parliament).

* is a form of government in which the lifelong right to supreme power is inherited by one person (the monarch).

History of the origin of the republic

The republic appeared in antiquity as a contrast to the monarchy. She opened new way government structure - on democratic principles. Full citizens of the polis were given the opportunity to govern the ancient city-state by taking part in an assembly or council.

Etymologically, “republic” goes back to the Latin res - business and publicus - public, nationwide, which in combination translates as “public, people's business”.

Signs of a modern republic

Since antiquity, the world has developed, and the republic, without losing its key democratic principles, acquired new features. Among the main features of the republic are:

• The presence of a main person (president) or collegial body (parliament) representing the state and carrying out the functions of legislative and/or executive power.
• Election of the head of state and supreme authorities for a certain period of time.
• Subordination of the head of state to the Constitution.
• Mutual responsibility of the individual and the state before the law.
• The principle of separation of powers into three branches (in most republics).

Varieties of republic

Republics, depending on who has more powers in governing the state, the president or parliament, as well as on the mechanism for exercising power, are divided into:

• presidential, in which the parliament is subordinate to the president, who forms and manages the government;
• parliamentary, in which the parliament appoints the president, convenes the government and controls it;
• mixed, in which the presidential and parliamentary powers are balanced or struggle with each other: the government is formed by them jointly and is responsible to both; Moreover, who has real power, the prime minister or the president heading parliament, depends on the number of votes they receive.

From the point of view of the state structure and territorial integrity of the republic, there are:

• Unitary - territorially united states, such as Italy, France, Japan, Poland.
• Federative - consisting of parts (subjects of the federation) that share power with the governing center (president and/or parliament). These republics include: Russia, USA, Germany.
• Union - part of large state associations with a republican or monarchical form of government (USSR, Islamic Republic).

Republics in the modern world

Parliamentary republics appeared first as a result of bourgeois revolutions in Holland, England and France and spread throughout modern Europe and the world. Today the parliamentary republics are: Austria, Greece, Ireland, India, Portugal, Germany. All these countries are represented by the prime minister, who heads the government and the parliamentary majority.

The United States is considered the first presidential republic, in which the president opposed himself to parliament, which became effective way management of the confederation. Now the presidential republics are: Russia, Mexico, Argentina, Brazil, etc.

IN modern world there are also:

• super-presidential republics, with unified power in the person of a president supported by the army (Syria, Latin American countries);
• military-presidential republics headed by a revolutionary military council;
• presidential monocratic republics, with an unlimited term of government for the president (Iraq, Tunisia, Guinea).

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 votes, 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 precautionary 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.................

Republic(lat. state, public affairs) 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:

1. 1. election of power;
   2. limited term of office;
   3. dependence on voters.

Types of republics:

The provision contained in Art. 1, the Russian Constitution makes a clear choice between two forms of government known to the modern state: republic and monarchy. The Russian Federation has been proclaimed a republic, which means that the head of state is elected. However, having made this primary choice, the Constitution did not go further and did not define the type of republican form of government. Meanwhile, three types of republic are known to world constitutional theory and practice:

• • parliamentary;
  • presidential;
  • semi-presidential.

In a parliamentary republic the head of state (president) is elected by parliament, the head of government is the leader of the party that wins the elections. Parliament exercises control over the government. If parliament passes a vote of no confidence, the government automatically resigns (or the prime minister raises the issue of dissolving parliament and calling new elections). Ministers are appointed from among members of parliament and retain their seat in it. Examples: Italy, Germany.

In a presidential republic the head of state (president) is elected by the population () and himself forms a government that is accountable only to him. Parliament does not have the right to pass a vote of no confidence. The President does not have the power to dissolve parliament. Ministers cannot simultaneously be members of parliament. Examples: USA, Mexico.

In a semi-presidential republic the head of state (president) is elected by the population (citizens) and himself forms a government that is accountable to him. Parliament has the right to express no confidence (censure) in the government, but the issue of resignation is decided by the president. The President has the right to dissolve parliament. Ministers are not members of parliament. The government has the rights to put pressure on parliament, but parliament also retains elements of control over the government. Example: France.

Close to this form of government is the so-called parliamentary-presidential republic (Ukraine), in which powers are divided between the president and parliament, but the parliament plays a more significant role, including in the formation of the government.

These are the most common features various types republican form of government, which vary differently even in the countries given as examples within the same form of government. Features are characteristic of almost every country, since no one wants, and due to circumstances, no one can blindly copy the model of another country. But if you try to compare the current Russian form of government with the above, it will become clear that it is more of a semi-presidential republic, but with broader powers of the president.

A note on the possibility of restoring the monarchy in Russia

Let us consider the question of the possibility of restoring the monarchy in Russia. IN modern Russia There are political movements advocating the restoration of the monarchy. What are the legal arguments for or against the monarchists' position?

On March 2, 1917, Emperor Nicholas II abdicated the throne and resigned his supreme power. However, he did not transfer it to the heir-in-law, Tsarevich Alexei, explaining this by his reluctance to part with his son, but announced the transfer of the inheritance to his brother, Grand Duke Mikhail Alexandrovich, and blessed him to ascend to the throne of the Russian state. But on March 3, the Grand Duke refused to accept supreme power, declaring his decision “in that case, to accept, if so, our great people, who must, by popular vote through their representatives in the Constituent Assembly, establish the form of government and new fundamental laws of the state of Russia -siysk".

The Provisional Government has prepared the Regulations on Elections in constituent Assembly, approved on September 23, 1917, but on September 1 proclaimed Russian republic, for which it certainly did not have any legitimate authority (the State Duma did not actually work). Regarding the October Revolution and the establishment Soviet power in the form of a republic of Soviets, then monarchists, not without reason, note that the legitimacy of all constitutional institutions of this period is more than questionable, since the Bolsheviks dispersed the Constituent Assembly, which, however, managed to proclaim Russia a republic on the first day of its work . And although free elections were not subsequently held in the country (until 1989), the 1993 referendum and the approval of the Constitution with a republican form of government can be considered the legitimate conclusion of the dispute about the fate of the monarchy in Russia. To challenge this conclusion, monarchists have to seek evidence in favor of the illegitimacy of the Constitution of the Russian Federation itself and presidential power, although the latter was established, again, by an all-Russian referendum (1990) and has been repeatedly confirmed by presidential elections.