The form of government, national and state and administrative- territorial structure, political and legal regime.
The structure of the form of the state is characterized by the following three elements: the form of government, national, state and administrative-territorial structure, political and legal regime.
Government - an organization of supreme bodies of state power, their structure, procedure, the distribution of competences and relations with the public. Prof. S.A. Komarov determines the form of government as a set of methods of organization of state power. Doctor of Law, Professor A.S. Pigolkin emphasizes that «the form of government, determines the structure and powers of the supreme bodies of state power, the order of their formation and relationship to each other, the degree of participation in the formation of these bodies and their influence on the decisions they make».There are two main forms of government:
1. The monarchy is a form of government in which the supreme power is vested in one person receiving this power is usually inherited. Monarchical form of government is very diverse, so much so that on each of these attributes can be found exception. Because of this, many of monarchies do not fully meet the proposed definition. The monarchy is of three types: a) unlimited (absolute) monarchy. The main feature of the absolute monarchy is the concentration of all power in the hands of the monarch. In this case, the legal restrictions on the powers of the monarch do not exist. Absolute monarchies are most typical traditional states with different varieties of authoritarian political regime. As we know, the first state in the land was in the form of government absolute monarchies. This form of government had so-called Oriental despotism, the state in Western Europe in the early and late feudalism.
b) limited monarchy (the title of this form of government speaks for itself), when the power of the monarch legally restricted, as a rule, law, and the existence of a representative body.
Here we can talk about the implementation of a more or less of the principle of separation of powers. c) the dual monarchy, an intermediate option between absolute and parliamentary monarchies, the original form of a limited monarchy. Is a form of government in which already more or less held the principle of separation of powers: the monarch is the executive branch and the legislative vested in parliament.2. Republic (in Latin-public matter) - is a form of government in which the supreme power in the State, the elected bodies. Republics, as monarchies, abound. Among the many varieties of them, however, it's possible to identify the main and the most characteristic features of a republican form of government. Source of power in the country is the people that after a certain period of time elected supreme representative bodies of the state. This reflects the sovereignty of the people is one of the fundamental principles of a modern democratic state.
a) In a parliamentary republic strong legislature and the executive is subject to it. This form of government is characterized by the rule of Parliament to legislate. The government is formed by the Parliament and responsible to it.
b) A presidential republic. This form ofgovernment is characterized by the fact that the President was in the government are very significant place. So sometimes it is similar to the monarchies called dualistic Republic, as in it there are two main centers of power, the parliament and the president.
In a presidential republic legislative power belongs to the highest representative body, the Parliament, which makes the laws, and the executive and the government. However, the Parliament does not form the executive branch; the latter shall not be responsible to it.
Known textbook authors, recognized as one of the best in the CIS on the theory of state and law, Doctor of Law, Professor V.V Lazarev, S.V. Lipen and A.H. Saidov: «The advantages of a presidential republic include a sufficiently high degree of efficiency of the state management of society: for the president, with a broad mandate, largely determines the policy of the state.
Management acts more directly if it comes from a single center. It is especially important during periods of good governance reforms, major social transformations, and the country's crisis». The Republic has the following legal properties limit the power of the head of state, legislative and executive bodies of state specific term, the election of the head of state and other sovereign governments, heads of state responsibility in cases provided by law office the Head of State of the State in international relations on behalf of the voters, bound decisions of the supreme state authority for all other state agencies, the protection of citizens' interests, mutual responsibility of the individual and the state. Some legal scholars perceive the advantages of a parliamentary republic, «with greater guarantees of reality in public administration society began democracy, because of the state of no sole body with a broad remit».The form of government - is the political-territorial division of the state, the relationship between central and local authorities. Unitary state (from the Latin word «unus» - one) - is a single state, parts of which do not have the attributes of statehood. The unitary states are, for example, the Republic of Belarus, the Republic of Kazakhstan. A unitary state is divided into administrative units. They do not have political autonomy, but in the economic, social and cultural fields may exercise considerable competence to control the territory in view of its features. Federation (from the Latin word «foedus» - Union) is a complex state, parts of which have the attributes of statehood. Confederation (translated from the Latin word «community») is association of states to deal with any political, military, economic and social objectives. Subjects of confederation retain sovereignty in almost full. They continue to have their own state agencies, citizenship, territory, its own constitution and laws, their sources of income.
Federation can be formed or by agreement between the previously independent states, or by joining the State territories while preserving their particular political independence, or because of the development aspirations for statehood in the administrative-territorial units or autonomous unitary states.
Today in the world there are 24 federations: Austria, Germany, Russia, India, Malaysia, Nigeria, Tanzania, USA, Canada, Mexico, Argentina, Brazil, Australia, etc.Commonwealth is an association of states which characterized some uniformity. Some jurists consider this community form an even more amorphous and uncertain than Confederation (A.V Malko, V.A. Chetvernin). Community of nations - is a form in which basis the interstate agreement. This point of view is shared by V.V Luzin.
Form of political (state) regime is a set of methods and techniques for the implementation of the government, as well as the level of political freedom in society and the nature of the legal status of the individual in society. The political regime is democratic and anti-democratic (autarkic).
Even under a democratic rights and freedoms are protected and guaranteed. Power is realized for the benefit of individuals and society. Democratic regime types: slave-owning democracy (the aristocracy, democracy), the feudal democracy, bourgeois democracy, socialist democracy.
When anti-democratic regime in power in the hands of the reaction and is dictatorial methods.
Signs of a democratic regime:
a) the existence of guaranteed rights and freedoms;
b) the proper functioning of representative institutions;
c) the election and turnover of central and local government bodies, and their accountability to voters, transparency and control of the population for political decision-making;
d) separation of powers;
e) the restriction of state violence predominantly area of deviant behavior of citizens;
f) political pluralism, free activity of opposition political parties;
g) the existence and development of civil society;
h) is dominated by persuasion, negotiation, compromise. Undemocratic regimes characterized by the following features or
characteristics:
a) lack, limitation, to minimize or eliminate any were civil rights and liberties;
b) the absence of the restriction or elimination of the representative bodies of the state;
c) the lack of control on the part of the population for the exercise of power, the formation of its institutions through private channels;
d) the concentration of all power in the hands of one person (monarch, dictator), several persons or a body;
e) rigid command-and-control, and sometimes the terrorist methods of the government, tyranny, violence;
f) lack, limitation or elimination of the progressive political parties and public associations;
g) the domination of one ideology;
h) the absence or limitation of civil society, the scope of free expression of interest.
In legal literature, «according to the proposed criteria are three basic forms of state: polycratic, monocratic («autocratic») and segmental, which occupies an intermediate position between them. Each of them can have a republican and monarchical form of government, unitary and federal territorial and political unit, a different state regime».Questions for the self-control:
1. What means the «political regime»?
2. What are the peculiarities of the authoritarian regime?
3. What are the differences between the democratic and non-democratic regime?
4. What is the difference between the community of the states and common wealth of the states?
5. What the principle of the federation?
Taskfor srs:
Please, explain the different forms of the state.