The Russian Federation is a state with a form of government. Form of government: concept and types

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

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

There are several historical types of state and law - slave, feudal, bourgeois. A state of the same type may have different shapes device, government, political regime.

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

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

Form of government

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

The main forms of government are monarchy and republic.

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

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

Monarchy can be:

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

A republic can be:

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

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

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

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

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

Forms of government

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

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

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

  • Unitary
  • Federative
  • Confederation

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

Unitary state

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

Signs of a unitary state:

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

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

Centralized unitary states are distinguished by the absence of autonomous entities, that is, ATEs have the same legal status.

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

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

Federal State

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

The Federation imposes the following criteria:

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

Federations can be classified:

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

Confederation

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

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

Distinguish the following types confederations:

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

Political regime

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

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

Characteristics of the Russian state

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

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

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

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

Concept and basic provisions of constitutional (state) law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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Form of government and government in the Russian Federation.

Constitutional system of the Russian Federation (concept, content, main features). Sovereignty.

The foundations of the constitutional system are the main pillars of the state, its basic principles, which are designed to ensure its character as constitutional.

Constitutional system of the Russian Federation

Civil society

Democracy Human rights and freedoms

Fundamentals of the Constitutional system

Characteristic features for the Russian Federation:

· Welfare state;

· Federal state;

· Sovereign State;

· Constitutional state;

· Economic basis- variety of forms of ownership;

· Secular state;

· Republican form of government;

· Separation of powers.

Chapter One of the Constitution is devoted to the fundamentals of the Constitutional system.

Civil society is a system of independent and independent of the state social instruments and relations that provide conditions for the realization of private interests and needs of individuals and groups, for the functioning of the social, cultural and spiritual spheres, their reproduction and transmission from generation to generation.

Sovereignty is a mandatory feature of any modern state lies in the supremacy of state power, its autonomy and independence. Supremacy is that:

1). state power extends to the entire territory, the entire population, parties, general. organizations, etc.;

2). State power belongs only to the legislatively established system of state bodies;

3). The state has special means of influence (army, police, etc.);

4). Independence in resolving foreign policy issues.

The bearer of sovereignty is the people and exercises it directly or through representative bodies of power.

The form of the state answers the questions on what principles and how territorially state power is built, how the highest bodies of the state are created, how they interact with each other and the population, and by what methods it is implemented. Thus, the form of the state is determined by the form of government and the form of government.

In accordance with Art. 1 of the Constitution of the Russian Federation, Russia is a democratic federal legal state with a republican form of government. Federal structure is dedicated to ch. 3 of the Constitution of the Russian Federation.


A federal state is a union of state entities, each of which has a certain independence. The subjects of such a union state have the same status and equal rights.

The federal structure is based on the principles:

State integrity;

Unity of the system of state power;

Distinctions of subjects of jurisdiction between federal government bodies and state bodies. authorities of the constituent entities of the Russian Federation;

Equality of subjects.

The federal structure is determined by the constitutional and legal status, which is characterized by:

Sovereignty of the Russian Federation;

Territorial unity;

Single citizenship;

The presence of a unified federal legal system;

The presence of a unified monetary and credit system;

The presence of unified armed forces;

The presence of state symbols.

Basic principles of the Russian Federation:

Voluntary association of nations and nationalities;

The presence of national-territorial associations along with administrative-territorial ones;

State integrity and inviolability of borders;

Distinction of subjects of jurisdiction between the Russian Federation and its subjects;

Equality of subjects of the Russian Federation.

There are 88 subjects in the Russian Federation: 21 republics, 9 autonomous okrugs, 6 territories, 49 regions, 1 autonomous region, 2 federal cities.

The form of government reveals the method of organizing the supreme state power, the order of formation of its bodies, their interaction with each other and the population, the degree of participation of the population in their formation.

In the Russian Federation, the form of government is a republic, i.e. The highest state power belongs to elected bodies, elected for a certain period of time and responsible to voters.

Parliamentary republic - the parliament is endowed not only with legislative powers, but also with the powers to demand the resignation of the government. The President is only the head of state, not the head of government. The government is formed by the majority party in parliament.

Presidential - with a certain parliamentary control, forms a government that is responsible to it. There is usually no position of prime minister, since the president himself often combines these two positions.

There are mixed forms.

Political regime, in the broadest sense, is the methods of implementing political power(the main types are totalitarian and democratic).

Enshrined in the Constitution of the Russian Federation, the republican form of government has become the subject of scientific discussions about what type of republics the modern domestic form of government should be classified as. The legal uncertainty of the constitutional formulation has led to the severity of disputes regarding the qualifications established by the 1993 Constitution. models of organization of state power in the Russian Federation. IN specialized literature, political practice has revealed different approaches to the problem. Some authors evaluate the form of government Russian state as a mixed (semi-presidential) republic; others view it as neo-presidential. Many scientific publications have characterized the Russian form of government as “super-presidentialism”, “super-presidentialism” and “elected non-inheritable monarchy”.

It is obvious that a conclusion about a specific type of form of government of the Russian state is possible on the basis of a systematic interpretation of the provisions of Articles 1, 10, 11 of the Constitution of the Russian Federation, as well as the provisions of its chapters 4-6.

In the Constitution of the Russian Federation, adopted on December 12, 1993. by popular vote, from the text of Art. 1 it follows that Russia is a rule of law state with a republican form of government.

In the Russian Federation, legislative, executive and judicial power is exercised by bodies whose formation and powers are determined by its Constitution and laws. Yes, Art. 11 of the Constitution of the Russian Federation is a direct continuation of the content of Art. 10, which, as I said above, enshrines the principle of separation of powers. In Art. 11 federal government bodies are named. These bodies are the President, the Federal Assembly (Federation Council and State Duma), the Government and the courts of the Russian Federation. Their “role” is revealed in Chap. 4-7 of the Constitution. A special role in this system of government bodies belongs to the President.

The President of the Russian Federation acts as

system-forming factor. He is the guarantor of the Constitution and ensures the coordinated functioning and interaction of government bodies.

The very concept of “president” in the constitutional and legal sense means the head of state. For this reason, this institute was created in world practice.

The institution of the presidency is designed to ensure sustainability

The main task of the president is to personify the state inside the country and outside. That is why presidents are vested with the powers of supreme command of the armed forces, awarding orders and other insignia. In Part 2 of Art. 80 The Russian Constitution proceeds from the fact that modern civilization cannot abandon the ancient principle of the sole guardian of the foundations of the existing order. Therefore, the President is provided with the powers necessary for him to perform functions aimed at protecting the essential values ​​of society, which are listed in Art. 80.

The President of the Russian Federation is the pinnacle of state power. Although the President, due to a number of his powers, both by tradition and in reality, is closest to the government than to other government bodies, nevertheless, he is legally distanced from all branches of government. Legally, the President has become more protected, which allows, in turn, to strengthen the authority of the federal government as a whole.

The president in Russia, as in France and the United States, actually heads the executive vertical.

The President is a key, powerful figure in power structures Russian Federation. The mere fact that “the President of the Russian Federation, in accordance with the Constitution of the Russian Federation and Federal laws, determines the main directions of internal and foreign policy state" (Part 3 of Article 80) speaks for itself.

The President carries out the domestic and foreign policy of the state, represents Russia at international level. In addition, he addresses the Federal Assembly with annual messages that formulate the main directions of foreign and domestic policy countries, being mandatory for the executive branch and setting guidelines for the activities of other branches of government. The Federal Assembly is the representative and legislative body of Russia and consists of two chambers - the Federation Council (two representatives from each subject of the Russian Federation) and State Duma(450 deputies), who sit separately. The Federal Assembly began work at the beginning of 1994, after, along with the vote on the Constitution on December 12, 1993, elections to the State Duma were held. The State Duma gives its consent to the appointment and dismissal of key government positions (chairman of the government, judges of the Constitutional Court, Prosecutor General of the Russian Federation), as well as the decision to trust the government. According to the Federal constitutional law dated December 17, 1997 N 2-FKZ (as amended on March 12, 2014) “On the Government of the Russian

Federation" Article 7 The Chairman of the Government (Prime Minister) is appointed and dismissed by the President of the Russian Federation, the President of the Russian Federation notifies the Federation Council and the State Duma of the Federal Assembly about the dismissal of the Chairman of the Government of the Russian Federation on the day the decision is made. This means that the dismissal The Chairman of the Government of the Russian Federation simultaneously entails the resignation of the Government of the Russian Federation.

The government is accountable to the President and the Federal Assembly (Article 38 of the Federal Law “On the Government of the Russian Federation” states that “members of the Government of the Russian Federation are obliged, at the invitation of the chambers of the Federal Assembly, to attend their meetings and answer questions from members of the Federation Council and deputies of the State Duma in the manner determined by the regulations of the chambers "). But due to the fact that the Government is not directly responsible to Parliament under the Constitution, all those “attacks” that the State Duma dared to make hung in the air. The legislative branch has the power of impeachment of the President.

One of the most important components of the Russian form of government is the relationship between the legislative and executive branches of government. The main aspects of this relationship are, of course, the participation of the president and the government in the legislative process, the political responsibility of the government and the dissolution of the State Duma.

According to Part 1 of Art. 104 of the Constitution of the Russian Federation, the President and the Government, along with other entities, have the right

legislative initiative. At the same time, in last years The President introduces bills to the State Duma on key issues of the country's sociopolitical and economic life. The analysis showed that during 2008-2010. specific gravity legislative initiatives of the President of the Russian Federation amounted to more than 8%. At the same time, all legislative initiatives of the head of state were embodied in federal constitutional and federal laws adopted by parliament.

According to Part 3 of Art. 107 of the Constitution of the Russian Federation, the President has the right of veto, or the right of a suspensive veto, which can be overridden by only 2/3 of the votes of each chamber of parliament.

Of course, it is impossible to deny that the President is of key importance in the mechanism for applying constitutional responsibility both in relation to the Government and the State Duma. After the State Duma expresses no confidence in the Government, the President has the right to announce the resignation of the Government or disagree with the decision of the lower house of parliament (Part 3 of Article 117 of the Constitution of the Russian Federation). Likewise, if the State Duma refuses to trust the Government, then the President makes a decision to dismiss the Government or dissolve the State Duma and call new elections (Part 4 of Article 117 of the Constitution of the Russian Federation). Thus, it is impossible to deny that the government in Russia is responsible to the president.

Taking into account all of the above, we can conclude that the institution of parliamentary responsibility of the government in Russia is actually absent, and as a result, it is not relevant in the conditions of Russian reality. The institution of parliamentary responsibility is typical for countries with parliamentary rule and, to some extent, for mixed republics. Classifying the Russian Federation as a parliamentary republic is quite problematic.

Also, we can say that according to the series characteristic form of the Russian Federation, its characteristics cannot be classified as mixed, that is, semi-presidential. The Government of the Russian Federation is formed and is responsible mainly to the President and to a much lesser extent to the State Duma, this will be the main difference between the Russian Federation and this form of government. Hence, we can say that the State Duma does not have enough power to compete with the President on the issue of forming the Government. But still, the introduction by the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of December 30, 2008 No. 7-FKZ “On the control powers of the State Duma in relation to the Government of the Russian Federation” in paragraph “a” of Art. 114 of the Constitution of the Russian Federation, amendments strengthen the fundamental powers of the State Duma. In accordance with the innovations, the Government of the Russian Federation “submits annual reports to the State Duma on the results of its activities, including on issues raised by the State Duma.” Thus, the Government is constitutionally obliged to report annually to one of the chambers of the Federal Assembly of the Russian Federation.

In connection with all of the above, it would be logical to conclude that Russian model the organization of state power, due to its virtual absence of parliamentary responsibility of the Government, presupposes the functioning of the state precisely on the model of a presidential republic. However, it is worth taking into account that the President has the right to dissolve one of the chambers of the Russian parliament, which contradicts the classical ideas about this form of government. Thus, the analysis shows that Russian uniform board has significant features. At the same time, criticism of the Russian form of government comes from two positions, namely legal and political science. Lawyers pay attention to the purely legal aspects of the organization supreme power in the country: the right of the president to issue decrees, the fixation in the Constitution of the Russian Federation of the norm on the determination by the president of the main directions of domestic and foreign policy, the impeachment procedure, the procedure for the “continuity” of power.

Political scientists focus on the influence of power configurations on social and political processes. In particular, it is argued that the Russian form leads to an underdeveloped party system, undermines incentives for party activity, entails corruption, swelling of the state apparatus, the growth of informal decision-making procedures and other harmful consequences.

Most researchers assessing the Russian form of government believe that its main drawback is its tendency towards authoritarianism. Many authors draw attention to Russia’s attraction to a “pure” presidential system, taking into account both its constitutional, legal and factual characteristics.

At the same time, when analyzing the features of the Russian form of government, attention is drawn to the following: firstly, all shortcomings in the organization and functioning of power should not be attributed only to the form of government. The fact is that in Russia informal practices play a large role in the decision-making process. Much is determined by the “shadow” struggle of interest groups in the presidential administration and government, as well as the influence of interest groups on the executive branch; secondly, the Russian form of government also has advantages. These usually include: strong presidential power, which is necessary in “transitional” conditions; the president as the guarantor of the Constitution, rights and freedoms, stability in the country; democratic nature of direct presidential elections; clear choice of the electorate with an undeveloped party system; continuity and consistency of the political course; low risk of extremists and radicals coming to power.

We should agree with the opinion of A. N. Medushevsky, who believes that its main and decisive advantage is “ensuring political stability in conditions transition period"; Thirdly, criticism of the existing form of government in Russia does not at all mean a proposal to introduce a parliamentary or other system. It is problematic that the advantages of these forms will be realized in Russian conditions; moreover, these forms themselves are not without drawbacks.

In political science, attention is also paid to this dignity of the form of government modern Russia, as its correspondence to a certain social formation, while it is noted that the level of its institutionalization is not low. In explanation of this, it is emphasized that after 1993. there was no constitutional crisis in the country, no dysfunction or paralysis of power, no delegitimation state system generally. Contrary to the sad forecasts of 1993. the form of government demonstrated high vitality and, despite obvious defects, survived, retained its efficiency, became a certain stabilizer of the state and political system generally. Adaptability Russian system board was also manifested in the fact that it remained the same during the change political leader and ruling elites. It is noted that the Russian form of government has adapted to changes in the environment and political course.

The foregoing allows us to come to the conclusion that the form of government of the Russian state is close to a model of the organization of state power that is close in its typological characteristics, qualified as a presidential form of government.

At the same time, preserving fundamental differences from this model of government, indicates a discrepancy between the constitutionally established form of government and the typological characteristics of the presidential form of government. Taking this into account, it seems justified the opinion of Russian scientists who classify the form of government of the Russian state as a quasi-presidential republic, or sub-presidential, that is, close (similar) in meaning to the presidential form of government. Formulated in the early 2000s. This conclusion, I think, remains the most accurate in assessing the organization of the state structure of modern Russia. It seems that in practical significance the conclusion about the presidential form of government in modern Russia is promising, most consistent with the practice of Russian constitutionalism.

  • Chirkin V. E. Atypical forms of government in modern world/ State and law. 1994. No. 1.S. 23.
  • Varnavsky A.G. Form of government of the modern Russian state as an object of Constitutional regulation // Journal of socio-economic phenomena and processes, 2011, No. 1-2

Form of government is an organization higher authorities state power, the nature and principles of their interaction with other state bodies, with political parties, classes and social groups.

Based on the forms of government, all states are divided into two large groups:- monarchy;

Republic.

Monarchy- this is a form of government in which the authority of supreme power belongs to one person: king, czar, sultan, shah, emperor, etc. Under this form of government, all supreme legislative, executive and judicial powers belong to the monarch. Vlada of the monarch is transmitted, as a rule, by inheritance.

Sometimes the monarch may be elected. For my government activities The monarch is accountable to no one and bears no legal responsibility. As a rule, such monarchs are responsible only to God.

All monarchies are divided into: absolute, limited, dualistic, theocratic, class-representative.

At absolute monarchy, the power of the monarch is unlimited and has everything characteristics, which are set out in the definition. Such monarchies were most common during the era of slavery and feudalism. Today there are very few of them left, particularly in Morocco, United Arab Emirates, Kuwait, etc.

In the last century, the most common are limited monarchy. Sometimes they are called parliamentary or constitutional. They are characterized by the fact that the power of the monarch is limited by parliament or constitution. In such forms of government, the monarch is the head of state, but he can significantly influence the legislative activities of parliament and the formation of the government. Sometimes the monarchical form of government has formal character. Limited monarchies include Spain, Sweden, Japan, which can also be called constitutional monarchies. England can be considered a parliamentary monarchy.

Dualistic Monarchy is a form of government when the monarch, the head of state, himself forms the government and appoints the prime minister. In such a monarchy, there are two highest government bodies - the monarch and the government headed by the prime minister. There may also be other higher state bodies, in particular judicial ones.

Theocratic Monarchy is a form of government where the absolute power of the religious leader merges with state power. The religious leader is also the head of state. For example, the Vatican, Tibet.

Estate-representative Monarchy is characterized by the fact that next to the monarch - the head of state there is some kind of deliberative representative body of certain classes or the entire population. Such states include Russia before 1917, Poland in the 17th-18th centuries.

Republic- this is a form of government in which the powers of the highest state bodies are exercised by representative elected bodies. Republics do not have a monarch. In the republic, the highest representative bodies and their highest officials are elected for a specified term. They are periodically changed and re-elected. For their activities they are accountable to the people and bear legal responsibility (constitutional, criminal, civil, administrative and disciplinary).

All republics are divided into three type: presidential republic, semi-presidential (or mixed), parliamentary.

Presidential The republic is characterized by the fact that the president is elected by the entire population, as is the parliament. In such a republic, the president forms and heads the government, is the head of state and is not formally accountable to parliament. For example, in the USA, Mexico, Iraq.

Semi-presidential or mixed- this is a republic when the president, the head of state, is elected by the people, as is the parliament. In such a republic, the government is elected (appointed) by parliament on the recommendation of the president. The government is accountable to both the president and parliament. The president does not head the government and is not legally responsible for its activities. For example, France, Finland, Ukraine, Russian Federation.

Parliamentary The republic is characterized by the central position of parliament (legislative power), which elects the head of state - the president and the government - the executive branch. They are accountable to parliament. Sometimes the president is not elected, and the prime minister becomes the head of state. For example, Italy, Germany.

In Art. 1 of the Constitution of the Russian Federation stipulates that Russia has a republican form of government. This means that the highest state power belongs to elected bodies, elected for a certain period of time and responsible to the voters. The modern republican form of government is based on the principles of democracy (Article 3), recognition, respect and protection of human and civil rights and freedoms (Article 2), and separation of powers (Article 10).

Republics are divided into parliamentary and presidential. They differ mainly in which body - parliament or the president - forms the government, and, accordingly, in whether the government reports to parliament or to the president. Analysis of constitutional provisions makes it possible to characterize Russia as presidential republic, where the Government is formed by the President and is responsible to him.


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Form of government of modern Russia

According to part one of article one of the 1993 Constitution of the Russian Federation: Russian Federation - Russia is a democratic federal legal state with a republican form of government.

According to the constitution, the balance of executive and legislative powers is structured in such a way that Russia is defined as a mixed republic (this form of government can also be designated as a presidential-parliamentary, semi-parliamentary or semi-presidential republic. According to the Chairman of the Constitutional Court of the Russian Federation V.D. Zorkin, Russia is more accurately called a mixed presidential -parliamentary republic.

Government

Article 10 of the Constitution establishes that state power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. The legislative, executive and judicial authorities are independent. Thus, the recognition of the principle of separation of powers is constitutionally enshrined.

Article 11 of the Russian Constitution specifies as subjects of the exercise of state power: the President of the Russian Federation, the Federal Assembly (Federation Council and State Duma), the Government of the Russian Federation, the Courts of the Russian Federation.

It is separately emphasized that state power in the constituent entities of the Russian Federation is exercised by the state authorities formed by them. Moreover, the delimitation of jurisdiction and powers between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation is carried out by the Constitution of Russia, the Federal and other treaties on the delimitation of jurisdiction and powers.

According to Art. 12 local governments are not included in the system of state authorities. However, they are independent within the limits of their powers, and in the Russian Federation local self-government is recognized and guaranteed.

Head of State

The head of the Russian state is the President of the Russian Federation (Article 80 of the Constitution).

In 1991-1993, the post of vice president existed, but it was abolished by presidential decree; The 1993 Constitution no longer mentions the position of vice president.

The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. In accordance with the procedure established by the Constitution of the Russian Federation, it takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, and ensures the coordinated functioning and interaction of government bodies. In accordance with the Constitution of the Russian Federation and federal laws it determines the main directions of the state’s domestic and foreign policy. As head of state, he represents the Russian Federation domestically and in international relations.

The President is elected on the basis of universal equality and direct voting rights by secret ballot. The same person cannot hold the position of President for more than two consecutive terms.

Initially (in 1991) the President of Russia was elected for a term of 5 years. In the Constitution of the Russian Federation of 1993, the term of office of the President was reduced to 4 years. However, according to paragraph 3 of the Final and Transitional Provisions of the Constitution, the President exercised his powers until the expiration of the term for which he was elected. Based on amendments to the Constitution that came into force on December 31, 2008, starting with the 2012 elections, he is elected to a six-year term of office.

Legislature

Federal Assembly

The legislative and representative body of state power (parliament) of the Russian Federation is the Federal Assembly of the Russian Federation (Article 94 of the Constitution of the Russian Federation). It is a permanent body (Article 99 of the Constitution of the Russian Federation).

The Federal Assembly consists of two chambers: the upper house - the Federation Council (full name - the Federation Council of the Federal Assembly of the Russian Federation) and the lower house - the State Duma (full name - State Duma of the Federal Assembly of the Russian Federation). The Federation Council and the State Duma sit separately, but can meet together to hear messages from the President of the Russian Federation, messages from the Constitutional Court of the Russian Federation, and speeches by leaders of foreign states.

The powers of the chambers of the Russian parliament are described in Art. 94-109 of the Russian Constitution of 1993.

The procedure for forming the Federation Council and the procedure for electing deputies to the State Duma are established by federal laws. Since the adoption of the constitution, they have been changed several times.

The procedure for forming the Federation Council

The Federation Council includes two representatives from each subject of the Russian Federation: one each from the executive and legislative authorities of the subject. Since the composition of the Russian Federation changed due to the unification of the federal subjects, the number of members of the Federation Council also changed accordingly.

In 1994-1995, there was an elected Federation Council (in accordance with the transitional provisions of the Russian Constitution), in 1996-2002, the Federation Council included the heads of the executive branch and parliaments of the constituent entities of the Russian Federation, and after the 2000 reform proposed by the president, they were replaced by representatives of these bodies, delegated on an ongoing basis. The rotation was mainly carried out in 2001-2002. The term of office of members of the Federation Council coincides with the term of office of the bodies that appoint (elect) them.

Procedure for electing the State Duma

The State Duma consists of 450 deputies. A citizen of the Russian Federation who has reached the age of 21 and has the right to participate in elections can be elected as a deputy of the State Duma (moreover, the same person cannot be simultaneously a deputy of the State Duma and a member of the Federation Council). A deputy of the State Duma of the first convocation could simultaneously be a member of the Government of the Russian Federation (according to the transitional provisions of the Russian Constitution).

Since 2007, deputies of the State Duma have been elected using a proportional system (based on party lists). Previously, Russia had a mixed electoral system, since half of the total number of deputies was also elected according to the majoritarian system (according to single-mandate constituencies). The term of office of the State Duma is 5 years.

Legislative issues

Federal laws are adopted by the State Duma, approved by the Federation Council and signed by the President. The State Duma can override the veto of the Federation Council by re-adopting the law with a two-thirds vote. A presidential veto can be overridden only if the law is re-adopted by both the Federation Council and the Duma by a 2/3 majority vote of the total number of members of both chambers.

A federal constitutional law is considered adopted if it is approved by a majority of at least three-quarters of the votes of the total number of members of the Federation Council and of at least two-thirds of the votes of the total number of deputies of the State Duma. The adopted federal constitutional law must be signed by the President of the Russian Federation and promulgated within fourteen days.

Executive branch

Executive power is exercised by the Government of the Russian Federation. The Chairman of the Government is appointed by the President with the consent of the State Duma. If the State Duma rejects the candidacy of the Chairman of the Government three times or if the Duma passes a vote of no confidence in the Government, the President has the right to dissolve the State Duma. The Government includes, in addition to the Chairman, his deputies (“vice-premiers”) and federal ministers. The government heads the system of federal executive bodies: ministries, federal services and federal agencies.

Judicial branch

The highest judicial bodies in Russia are the Constitutional Court, Supreme Court and Supreme Arbitration court. The judges of these three highest courts are appointed by the Federation Council on the proposal of the President. The Supreme Court is at the head of the system of courts of general jurisdiction, the Supreme Arbitration Court is at the head of the system of arbitration courts. The highest courts and their subordinate courts make up the federal court system. Subjects of the Federation have their own constitutional or statutory courts that are not part of the federal system. The newly introduced magistrate judges are also not considered federal judges.

The chapter of the Constitution on the judiciary also mentions the Prosecutor's Office of the Russian Federation. However, the Prosecutor's Office is not part of the judicial system and is independent from all branches of government. The Prosecutor's Office system is headed by the Prosecutor General's Office of the Russian Federation, headed by the Prosecutor General. He is appointed to the position by the Federation Council on the recommendation of the President.

Local government

Chapter 8 of the Constitution determines that local self-government in the Russian Federation ensures that the population independently resolves issues of local importance, ownership, use and disposal of municipal property. It is carried out by citizens through a referendum, elections, other forms of direct expression of will, through elected and other local government bodies (Article 130).

Local government bodies independently manage municipal property, form, approve and execute the local budget, establish local taxes and fees, maintain public order, and also resolve other issues of local importance. They may be endowed by law with separate state powers with the transfer of the material and financial resources necessary for their implementation. In this case, the implementation of delegated powers is controlled by the state (Article 132 of the Russian Constitution).



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