1. Introduction……………………………………………………………2
2. The process of establishing the institution of presidency in the Russian Federation..3
3. The state is the leading institution of the political system.
1. Basic theories of the origin of the state. Essence, functions and structure of the state……5
4. Conclusion………………………………………………………10
Introduction
The concept of “political institution” means: 1) certain groups of people authorized by society to perform socially politically significant, and impersonal, functions; 2) organizations created in society for people to perform certain necessary functions; 3) a set of material and other means of activity that allow organizations or groups of individuals representing society to perform established political functions; 4) a set of political roles and norms, the implementation of which is vitally important for some social groups or society as a whole.
In short, a political institution is a system of institutions and organizations that organize political and other social relations with the help of material and ideal (symbolic means) and on the basis of fixed norms. The state, its bodies and institutions, parties are political institutions. Unlike social ones, political institutions operate in the sphere of political relations and ensure the exercise of public power in society; serve to satisfy political needs and interests; perform managerial functions and act as an integrative factor, since they are called upon to maintain order sanctioned by society, harmonize interests and regulate emerging social and political conflicts.
Political institutions, like political relations and interests, change along with changes in the social organisms to which they are inherent, and also as people understand the nature and role of institutions in a given historical situation.
The process of establishing the institution of presidency in the Russian Federation
The presidency is a fundamentally new state institution in Russia, which has made significant changes to the previous Soviet form of organization of power that existed at the time of its establishment. In 1990 – 1991 The post of President of the USSR was secured, presidents appeared in the republics of the former
Union. In 1991, the post of President of the Russian Federation was established; the creation of this institution was motivated by the need to strengthen executive power. The Russian state has taken an important step towards changing the form of the state.
Presidential power was called upon to establish effective government administration and implementation of laws. Its certain independence in relation to representative bodies and its strengthening with the help of a unified system of executive power were supposed to ensure the stability of the system of managing society, a prerequisite for stabilizing the situation in the country.
The establishment of the presidency took place against the backdrop of a deepening economic and political crisis, aggravation of interethnic relations, in conditions of weakening executive power and its unity.
The implementation of laws was difficult, the necessary measures for their implementation were not taken by government bodies, and the inconsistency between union and republican legislation increased. In addition, representative bodies failed to form effectively functioning government bodies and ensure proper interaction with them. Without interfering with their operational activities.
When creating the institution of the presidency in Russia, foreign experience was used. This institution is widespread throughout the world, having noticeable features in different countries. In some states, the president heads the state, as well as the government, the executive branch, and actually plays a leading role in governing the country, having a large amount of rights. In others - these are parliamentary republics - the presidency is largely a formal structure. In this case, the real functions of management are performed by the government, and its head occupies the first place in the system of executive power. In world practice, there is a combination of features of parliamentary and presidential republics - mixed forms of government, which influenced the design of the institution of the presidency in
Russia.
Finally, the president himself is elected differently. His popular election is usually characteristic of those countries where real executive power is concentrated in the hands of the president; in any case, there he, as a rule, plays a significant role in the state. When organizing presidential power in the Russian Federation, the experience of different states was used, but naturally, in the Russian Federation it has its own characteristics.
Despite the historically short period of its existence, the domestic institution of presidency has undergone noticeable changes. Status
President of the Russian Federation according to the Constitution of the Russian Federation of 1993. differs markedly from the legal position of the President, enshrined in 1991. Then the President
The Russian Federation was considered as the head of the executive branch, directing the Government, accountable and responsible not only to him, but also to the federal legislative bodies. He was endowed with the right of veto, which, however, was easily overcome by a simple majority of votes of the Supreme Council, and in relation to acts of the Congress of People's Deputies
The Russian Federation did not have such a right. The organization of power was a conglomerate of features of the presidential, mixed, and Soviet forms of government; The principle of separation of powers was implemented inconsistently. The Constitution retained provisions on the full power of the highest representative body; provisions on the administrative powers of legislative bodies remained its comprehensive competence, which, of course, influenced the legal status of the head of the executive branch.
The concept of the Constitution of the Russian Federation of 1993. marked the beginning of a new stage in the development of presidential power in the Russian Federation. It is now based on a different concept, mainly characteristic of a mixed form of government with a predominance of presidential elements. The legislative body acquired the features of a parliament operating in a regime of separation of powers.
Major changes and innovations have been made to the legal status of the President
Russian Federation, it has been strengthened.
The state is the leading institution of the political system
1. Basic theories of the origin of the state. Essence, functions and structure of the state.
There are several concepts of the origin of the state in the scientific literature. The theocratic concept connects the emergence of the state with God's institution.
Patriarchal theory considers state power as tutelary, paternal, arising as a result of the union of clans into tribes, tribes into communities.
The contractual concept removes the state from the agreement between rulers and subjects concluded for the purpose of organizing public life. The state here acts as an organ for the general reconciliation of people who, in their natural state, are constantly in conflict.
In the 19th century the “theory of conquest” arose, the founder of which was L.
Gumplowicz. He believed that the state arose as a result of the enslavement of weak groups by more organized and stronger ones. Marxism explains the emergence of the state by the development of production, property and class differentiation, and the desire of the economically dominant class to consolidate its position politically. The separation of a stratum of leaders is recognized as a transitional form to the state.
The modern theory of the state is legal, because it sees the basis of the state in the rights of peoples and connects power with human rights, that is, the basic requirements for a certain measure of human freedom in relation to power. These demands and rights of peoples are recognized and enshrined in the principles and norms of international law. Thus, the modern general theory of the state considers it as a legal form of organization and functioning of political power from the point of view of international law.
The term “state” denotes a special type of social phenomena, characterized by the following essential features: a) the relationship of power and subordination; b) the monopolistic use of violence by those who hold power; c) the existence of a legal order; d) relative constancy; e) institutional dimension. The main elements of the state are: territory, population, power.
The second constituent element of the state is the population, i.e. the human community living on its territory and subject to its authority. The population of a state may consist of one people or be multinational.
The third constituent element of the state is power, in other words, the relationship of dominance and subordination that exists between the political elite and the rest of society. The political elite coercively imposes power, using legal norms to direct the behavior of the masses in a certain direction. Based on this, M. Weber argues that “the state... is a relationship of domination of people over people, based on legitimate violence. Therefore, for the state to exist, those who are dominated must recognize the authority of those who currently dominate.”
So, a state is a political entity formed by a national or multinational community, fixed in a certain territory, where a legal order is maintained, established by an elite that monopolizes institutionalized power, having the legal right to use coercion.
In modern political science, the institutional aspect of the state is persistently emphasized. From the point of view of this approach, the state is a set of interconnected institutions and organizations that make up a special system for managing the main spheres of public life.
Such institutions and organizations include: 1) representative institutions; 2) supervisory and control authorities; 3) public order authorities; 4) armed forces.
The most common characteristics of a state are:
1) the territory delineating the borders of the state. The laws and powers of the state apply to people living in a certain territory;
2) a politically self-determining nation as a substantial element of statehood;
3) the organization of political public power, meaning its separation from society, the presence of a special coercive apparatus (army, law enforcement and security services);
4) sovereignty as a political and legal property, expressed in the independence of state power from any other, within the country and in international relations;
5) the right to standardize the life of the entire society, the right to issue laws and norms regulating public life and having a generally binding nature;
6) taxes levied on the population to cover state expenses in carrying out its functions.
The state performs a number of functions that are different from the activities of other subjects of the political system. The functions of the state are responsibilities, range of activities, role in the most concentrated, generalized form.
It is customary to distinguish between internal and external functions. Internal functions include political, legal, organizational, economic, social, educational, cultural and educational.
The political function is associated with the exercise of political power: maintaining the political dominance of the dominant class or social group in the economy, ensuring political stability, establishing relationships with political parties, public institutions, as well as developing program goals and objectives for the development of society, regulating national relations.
The legal function belongs entirely to the state, which carries out rule-making, establishing legal norms and adopting laws regulating social relations and the behavior of citizens.
The organizational function of the state is to use organizational levers to exercise power, implement the developed policy: execution of decisions on the formation and use of a personnel corps of managers, monitoring the implementation of decisions, regulations, information support for policy, implementation of measures for coordinating the activities of various subjects of the political system, etc.
The economic function is one of the main ones, although it is carried out in different volumes and contents in a particular society and at different stages of its development. In modern conditions, state participation in the economy is manifested in the development and implementation of tax policy, the allocation of loans, the use of economic sanctions, incentives for the development of economic sectors, direct influence on transport, energy, the use of long-term planning, programming, etc.
The social function of the state includes: satisfaction. people's needs for work, housing, health maintenance, implementation of social protection for the elderly, disabled, youth, unemployed, life insurance, health, property.
Educational function of the state. Many states are faced with the task of implementing a fundamental reform in the field of education, developing policies covering the entire educational process from preschool to university. And the state, first of all, ensures the democratization of education, its continuity, providing people with equal opportunities to receive it, and high-quality preparation of young people for an active life.
The cultural and educational function of the state is aimed at creating conditions for satisfying the cultural needs of people, the formation of high spirituality and citizenship. Nevertheless, state funding, taxation, and official state ideology are mechanisms of state influence that productively influence the spiritual life of society and the sphere of culture.
External functions of the state are related to the protection of borders, the territory of the country, intervention in the affairs of other states (militarily aggressive, violent), maintaining and developing interstate relations
(diplomatic), as well as the implementation of foreign trade, coordination of joint activities with other states in various fields, participation in blocs, alliances, etc.
The form of government is the external expression of the content of the state, determined by the structure and legal status of government bodies. Ultimately, the difference between the two main forms of government - a monarchy (absolute, constitutional) and a republic (presidential, parliamentary) - ultimately depends on the position and nature of the highest body of state power.
The form of government is the national-territorial organization of the state and the relationship between central and regional bodies. It gives an answer to the question: what parts does the country’s territory consist of and what is their legal status: the relationship and interrelationships of the hierarchical structures of the state.
There are two main forms: unitary and federal.
A unitary state is characterized by a single constitution adopted throughout the territory without restrictions or exceptions, single citizenship, a single system of law, a judicial system, and the absence of political independence among administrative-territorial units.
A federal form of government is a union of state entities that have legal and certain political independence. The states, cantons, lands, republics and provinces that make up the federation are subjects of the federation and have their own administrative and territorial divisions,
The features of a federation are the following: the territory of the federation does not represent a single whole in political and administrative terms. A subject of a federation, as a rule, is endowed with constituent power, that is, it is given the right to adopt its own constitution, within the established competence, publish legislative acts, and have its own legal and judicial system. The federation is characterized by dual citizenship and a bicameral parliamentary structure.
The stability of political life, its continuity and continuity determine the division of states into stable and unstable. The latter are characterized by frequent changes of presidents, governments, parliaments, constitutions, and a large number of putschs and coups.
States can also be classified according to the functions they perform.
Thus, we can distinguish a military or police state, characterized by hypertrophied development and a significant part of the structures of state violence - the army, the military-industrial complex, security, order and security agencies. The main purpose of the rule of law is seen in the development of structures that ensure the protection of the rights of all members of society.
The welfare state focuses on pursuing active social policies that help mitigate and prevent social conflicts.
Thus, the state occupies a central place in the political system. The state, possessing a special professional apparatus, performs the main functions of managing the affairs of society and maintaining public order.
Conclusion
Each political institution, be it an institution of state power or a socio-political association, has specific elements. These include formalized goals (the range of issues that constitute the scope of its activities), functions and roles arising from the goals, means
(material, symbolic or ideal), institutions, sanctions applied both to subjects - bearers of institutional functions, and to people and associations that are the object of influence of the institution.
Ministry of General and Professional Education of the Russian Federation
Rostov State University of Civil Engineering
DEPARTMENT OF HISTORY AND POLITICAL SCIENCE
in political science
on the topic: “Institutions of state power in Russia”
Completed by a student
1st year gr. B-182
Pipnik Elena
Checked by the teacher
Malyshev A.V.
References:
indicating the topic right now to find out about the possibility of obtaining a consultation.Institutions of state power- these are social formations associated with the exercise of power and management of society. The institutions of state power in modern society include parliament, government, head of state (the institution of the presidency), the court system, as well as local government and self-government bodies.
Parliament is the highest representative and legislative body of state power and administration, formed, as a rule, on an elective basis. Direct implementation of legal norms adopted by parliament is carried out by executive institutions - the government. In the system of executive power institutions, the role of local government and self-government bodies is high. The exclusive right to administer justice belongs to the institutions of the judiciary - a system of courts, including general and special courts. The institutions of state power constitute a single system, have various powers and have an independent sphere of activity.
As you can see, the mechanism for organizing state power is institutional in nature, that is, the power of the ruling political group is exercised through a set of special bodies and institutions. The system of such institutions in political and legal science is usually called bodies of state power and administration. The structure of this system is extremely complex. Its main elements are the institutions of the legislative, executive and judicial branches of government, which have different designs and names in different countries. An important place in the structure of executive power is occupied by public order and state security agencies, as well as the armed forces. Through these bodies, the state's monopoly right to use coercive measures is ensured. Due to its manifestation in the form of organizational institutions subject to established rules and norms of activity, state power in each country has a specific certainty and relative stability. This means that the appearance of a particular state is determined not so much by specific policies as by the peculiarities of the structure and functioning of its power institutions.
The functions and tasks of the state are carried out through the mechanism of the state.
State mechanism- this is a system of state bodies, institutions, organizations through which state power is exercised and state leadership of society is ensured.
The structure of the state mechanism includes: state institutions, state apparatus and state enterprises.
But the most important institution is the state apparatus, which directly exercises state power. The state apparatus is a conglomerate of various state bodies through which state power is communicated to the population.
State apparatus- this is a system of state bodies with the help of which state power is exercised, basic functions are performed, and the goals and objectives set by the state are achieved.
It operates in two forms: organizational and legal. Organizational form is aimed at introducing effective methods of labor organization into the activities of state bodies. This form helps the state apparatus to take advantage of the achievements of science and technology and keep up with scientific and technological progress.
Legal form directly aimed at the exercise of state power. It consists of three links: a) law-making, which includes the development and publication of normative legal acts; b) law enforcement - this is the power activity of the state to implement the rules of law; c) law enforcement, which is aimed at ensuring law and order.
The state apparatus consists of state bodies.
State organ- is a structural element of the state apparatus, endowed with powers, the execution of which is ensured by the coercive force of the state.
To form a government body, a legal basis is necessary, i.e. publication of a special legal act. Usually the system of organs is established in the constitution. To carry out its functions, each body has special competence within which it operates. To carry out their tasks, government bodies have the material base and financial resources.
Government bodies characterize the state as a social phenomenon. It is for their functioning in society that a special layer of people is formed, not associated with material production, but engaged only in management.
Classification of state bodies:
1) for the subjects of formation - representative bodies (parliament) and
bodies formed by other bodies (government, ministries);
2) by structure or method of organization - simple (notary) and complex
(ministries);
3) by the nature of their competencies - bodies of general competence (parliament,
government) and special competence (for example: Ministry of Internal Affairs, Ministry of Foreign Affairs, etc.).
DEVELOPMENT TRENDS OF A MODERN STATE- In the development of a modern state, two interrelated trends are observed. The first is to strengthen the role of the state in society, the growth of the state apparatus and its materialized structures. The second is the opposite of the first and is associated with the limitation of power, its withdrawal from the state to other political and non-political structures.
Both of these trends are generated by a number of reasons. One of them is explained by the need for state regulation of information and other new spheres of society, the development of appropriate legislation, the fight against new types of crimes (for example, computer crimes), and the formation of related government bodies.
The strengthening of the role of the state in the economic life of developed countries is also due to the fact that the possibilities of the market mechanism for regulating the economy have become limited. State capital began to be more actively attracted to fill economic niches with unfavorable conditions of reproduction, including the development of advanced, knowledge-intensive industries that do not provide quick returns, require significant initial costs and, as a result, are unattractive for private business. State-owned enterprises, protected by budgetary and tax incentives, are focused on achieving macroeconomic efficiency.
Other reasons have given rise to increased government influence in the economies of developing countries. They are usually associated with the weakness of national economies, insufficient accumulation of private national capital and its insufficient protection against powerful transnational corporations, as well as the unpreparedness of the archaic economic structure to accept new, progressive technologies. Along with the economic role of the state, its social role has also increased significantly. This is due to the need to regulate the social consequences of cyclical changes in production, especially in order to reduce unemployment, and pursue an active regional policy aimed at smoothing out contradictions and imbalances between individual regions of the country. The increased need to regulate social life, ensure social stability, overcome social conflicts, and provide social assistance has increased the requirements for the social role of the state.
The Constitution of the Republic of Belarus enshrines the fundamental ideas, values, principles and goals of a unitary democratic social state of law, various public associations, the main parameters of individual rights and freedoms and guarantees for their implementation, oriented towards international benchmarks and standards.
The Republic of Belarus has supremacy and full power on its territory, independently implementing 1 domestic and foreign policy.
The only source of state power and bearer of sovereignty in the Republic of Belarus is the people. He exercises power directly and through his representatives in government bodies (Constitution of the Republic of Belarus, Art. 3).
The Republic of Belarus is a democratic state. Democracy in the republic is carried out on the basis of a variety of political institutions: the institution of parliamentarism, institutions of executive power, the institution of civil service (regulating the professional activities of people belonging to a special status group), the institution of the head of state, and judicial institutions. This is consistent with the principle separation of powers(Constitution of the Republic of Belarus, Art. 6). State power is distributed between three independent branches - legislative, executive and judicial. State bodies are independent within the limits of their powers: they interact with each other, restrain each other ((Constitution of the Republic of Belarus, Art. 3).
The effectiveness of the functioning of the branches of power is achieved with the coordinating role of the Head of State. The political and ideological platform of their activities is the values of legal statehood and democracy.
The essence of the political and ideological orientation of the institutions of state power was expressed by the President of the Republic of Belarus A.G. Lukashenko: “The government cannot rise and dominate society, but on the contrary, it must be subordinate to society, controlled by it.” (Message from the President of the Republic of Belarus A.G. Lukashenko to the National Assembly of the Republic of Belarus. - Mn., 2001. - P. 35).
Political institutions also structure the field of political power relations. To ensure that public authorities do not go beyond their legal framework, do not penetrate into the area of someone else’s competence, and have the opportunity to mutually limit, balance, complement and control each other’s activities, the so-called mechanism of checks and balances. In the system of modern state political institutions, along with their specialization, the share of structures that control and monitor the activities of politicians has noticeably increased. These include judicial institutions. The judiciary is independent of the Head of State, Parliament, and Government and performs the function of monitoring the constitutionality of their normative acts.
Thus, the independence of authorities, the curbing of omnipotence, the prevention of abuse of power, the formation of equilibrium and balance of powers is ensured by their separation, the functioning of the mechanism of checks and balances and an independent judiciary.
Please note that the state regulates relations between different communities of people on the basis of the principles of equality before the law, respect for their rights and interests.
The most important political institutions of society are political parties and numerous public associations that help identify and express the political will of citizens, their social, national and other communities.
President is the Head of State, he is the guarantor of the Constitution, the rights and freedoms of citizens, personifies the unity of the people, ensures the implementation of the main directions of domestic and foreign policy, represents the country abroad, is a symbol of the unity of the nation, the supreme arbiter in disputes, guarantees the national security and territorial integrity of the country.
The institution of the presidency is over 200 years old. On July 10, 1994, the first president of the Republic of Belarus was elected. The President of the Republic of Belarus is elected directly by the people for a 5-year term. The powers of the President depend on the form of relationship between the President and Parliament, the President and the Government, and the Parliament and the Government.
The President of the Republic, not being the head of the Government, is actually the head of the executive branch. He determines the structure of the Government, independently forms it, agreeing with Parliament only on the candidacy of the Prime Minister, dismisses ministers, presides over Government meetings, has the right to cancel Government acts, and forms local executive power.
The President of the Republic of Belarus is vested with significant powers in the field of legislative power. He has the right of legislative initiative, the right to sign laws, and return them to parliament for reconsideration. Powered to issue decrees having the force of law.
The powers of the President are quite broad in the judicial and legal sphere and in the formation of the judicial system. The President proposes for election or directly appoints and dismisses the chairmen and judges of the Supreme Court, the Supreme Economic Court, the Constitutional Court, the Prosecutor General, has the right of pardon, and carries out mediation (the function of an arbitrator) between government bodies.
The President is given broad powers in the implementation of foreign policy. He negotiates and signs international treaties, grants citizenship, political asylum, appoints and recalls diplomats, accepts credentials and letters of recall, and is the Commander-in-Chief of the Armed Forces. In the event of a military threat or other emergency circumstances, introduces a state of war or a state of emergency, full or partial mobilization. He has the right to announce a referendum, which is an important instrument of political influence.
The power of the President also depends on the length of his tenure in this post. The President of Belarus has the right to be re-elected to his post an unlimited number of times.
The procedure for the election and competence of the President, his release and removal are enshrined in Chapter 3 of Section IV of the Constitution of the Republic of Belarus (Articles 79-89).
In some countries where authoritarian tendencies are very strong, the presidential republic has been transformed into a so-called super-presidential one. In super-presidential republics (Bolivia, Colombia, Honduras), the president has ultimate control over all the highest powers of all branches of government and almost single-handedly decides many issues of public administration.
Legislative branch- this is a system of powers and representative bodies of state power that develop and adopt laws that have direct effect on the territory of the state.
Legislative power is embodied and concentrated in parliament. Parliament (from the French parler - to speak) is a legislative and representative body. It was first formed in England in 1265, which gave reason to consider the first parliament of the world to be the mother of all parliaments.
There are bi- and unicameral structure of parliament. The structural units of parliament are also commissions (permanent, temporary, specialized), elected by parliament from among its members to conduct legislative work and preliminary consideration of other issues; party factions; ethnic, territorial and corporate representations (territorial associations, groups of deputies). The internal bodies of parliament are the chairman, his deputy, the Presidium, the Council, the Secretariat, the counting commission, etc.
Parliament sessions last throughout the year (with holidays). A significant place in the activities of the deputy corps is given to work in electoral districts. Deputies receive salaries, i.e. are professional parliamentarians and enjoy immunity when exercising their powers.
The highest body of representative and legislative power in the Republic of Belarus: Parliament - National Assembly of the Republic of Belarus(since 1996) . Parliament consists of two chambers - the House of Representatives and the Council of the Republic.
The election of deputies of the House of Representatives (110 people) is carried out on the basis of universal, free, equal, direct suffrage by secret ballot in single-mandate electoral districts. The second chamber of parliament - the Council of the Republic - is a chamber of territorial representation, consists of 64 members, 56 of whom (8 people from each region and the city of Minsk) are elected by secret ballot at meetings of the basic level Councils; 8 parliamentarians are appointed by the President. The term of office of parliament is 4 years. The powers of the House of Representatives may be terminated early in the event of a gross violation of the Constitution and in case of refusal of confidence in the Government. Decisions on these issues are made by the President of the country.
A deputy of the House of Representatives exercises his powers in Parliament on a professional basis and may simultaneously be a member of the Government. The House of Representatives elects a Chairman and a Deputy Chairman from among its members. The Council of the Republic also elects a Chairman and a Deputy Chairman from among its members. These leaders of the Parliament conduct meetings and are in charge of the internal regulations of the chambers. The House Council and permanent commissions operate under the House of Representatives; temporary commissions and deputy groups can be created. The Chamber Council is a permanent body reporting to the House of Representatives. The Council of the Republic has a presidium and permanent (and temporary) commissions.
The legislative power represented by the Parliament is vested with the following main powers: lawmaking, examination of bills, adoption of laws; developing the main directions for the development of society, determining the structure and content of its political system; approval of the state budget and government report on its execution; implementation of foreign policy, ratification and denunciation of international treaties, declaration of war and conclusion of peace; amnesty; participation in procedures for the appointment of key executive officials, constitutional and judicial oversight; legitimation of the President, the Government or their actions; control over the implementation of laws, the activities of officials and authorities.
Various mechanisms of checks and balances are applied to parliament. In the Republic of Belarus, legislative power is limited to a referendum, the presidential right to return a law to Parliament for re-examination and voting, the President's right to dissolve Parliament, and the Constitutional Court. The Constitutional Court can give an opinion on the inconsistency of a law adopted by Parliament with the Constitution, after which it loses force. Internal limitations of legislative power are the bicameral structure of Parliament and the presence of regulations that determine strict adherence to the lawmaking procedure.
The powers of Parliament, the procedure for introducing and considering bills, adopting laws, the main forms of activity of the House of Representatives and the Council of the Republic are enshrined in Chapter 4 of Section GU of the Constitution of the Republic of Belarus (Articles 90-105).
Lecture 7
Institutions of state power.
1. Parliament is the highest legislative and representative body of power.
2. The government is the highest executive body.
3. The head of state and his role in the structure of government institutions.
4. Judicial power, as a type of state power.
1.
The state has an extensive system of government bodies, the key roles being played by the legislative (parliament), executive (government) and judicial authorities. These bodies implement the separation of powers and carry out the real governance of the country. They must be independent and balanced with each other. Among the institutions of power, parliament occupies an important place - the highest legislative and representative body. Representative - elected or partially appointed representatives of the people - deputies - sit in it. A deputy is a person who represents the people and makes government decisions on behalf of the people.
Legislative - his task is to make law.
Parliament - the word first appeared in England. The history of representative bodies goes back centuries. They existed in Ancient Greece and Rome. There it exists in the form of a popular assembly, which elected and expelled officials, adopted or rejected laws.
The first parliament arose in 1265 in England. However, it was not in the literal sense of the word an organ of popular representation. The first parliament represented the upper classes.
Parliaments became popular representative bodies after the bourgeois revolution, with the introduction of universal suffrage.
Parliaments were called differently in different countries. Parliament - Great Britain, France; Congress - USA, Latin America; Sejm - Poland, Finland; Knesset - Israel, Federal Assembly - Russia, People's Assembly - Belarus.
Parliaments are 1-2 chamber, 1-chamber in small unitary countries - Denmark, Sweden, Greece. 2-chamber - in federal and larger states (Germany, Russia, Belarus). The UK Parliament consists of a lower house (House of Commons) and an upper house (House of Lords). In France - from the National Assembly (lower house), the Senate (upper house). In the USA - upper (Senate), lower (House of Representatives). In Russia - the lower - the Duma - the upper - the Federation Council. In the Republic of Belarus - the lower one is the House of Representatives, the upper one is the Council of the Republic.
The presence of wards has positive and negative features:
Positive:
1. Popular representation is increasing.
2. Allows you to represent the people - regions, regions, local authorities.
3. Allows you to take into account its influence.
4. Promote separation of powers.
Negative:
1. Complication of bureaucracy, adoption of laws.
The upper and lower houses have differences:
1. The lower house is almost always elected by the people, and the upper house is either chosen by the people (Poland, USA); appointed by the head of state (Canada), partially elected or appointed (Belarus), succession (Great Britain - 1360 lords).
2. The upper house has a longer term of office. In the USA - the upper house - 6 years, the lower house - 2 years. France - upper house - 6 years, lower house - 5 years. In the Republic of Belarus - for 4 years.
3. More experienced (older people) are elected to the upper house, and from 21 years of age to the lower house. In the Republic of Belarus, the upper house is from 30 years old, the lower house is from 21 years old.
4. The upper house is smaller in number than the lower house.
The upper house is elected by 8 members from the regions; 8 are from Minsk, and 8 are appointed by the president. A member of the upper house can be a person who has lived in a given territory for the last 5 years. Both chambers in the Republic of Belarus are elected for 4 years.
Parliament is a professional permanent body. It works all year round. In the Republic of Belarus the parliament meets for 2 sessions a year.
In Western countries, members of parliament cannot be civil servants, representatives of the clergy, or law enforcement agencies, because they must implement the laws passed by parliament.
Members of parliament have parliamentary immunity (deputy immunity). A deputy cannot be detained or deprived of immunity without the consent of parliament, except for treason, a serious crime, they are detained on the spot. Criminal cases are heard by the Supreme Court.
Members of Parliament have the powers:
1. The right of legislative initiative.
2. The right to vote when making a law or decision.
3. Right of request orally or in writing.
4. Have the right to elect the governing bodies of parliament.
In large countries, members of parliament have the right to create parties, parliamentary blocs. The parliament is led by the chairman, speaker).
The powers of parliament depend on the form of government. In a presidential republic or monarchy, the role of parliament is less. In parliamentary ones - big. In a parliamentary republic, the parliament forms foreign and domestic policy and elects the president.
The main powers of the Parliament of the Republic of Belarus:
1. Consider draft laws.
2. Presidential elections.
3. Appointment of the Prime Minister.
4. Hears the Prime Minister.
5. Appointment of court members.
The adopted laws are considered by the lower and then the upper house. All bills undergo 4 readings. 1) what is taken as a basis; 2) additions; 3) coordination and clarification; 4) elimination of roughness.
The law adopted by parliament is sent to the president for signature. The President can reject or make changes. This bill can be repeated if 75% of deputies vote for it. If the president does not return the bill within 10 days, it is still approved.
Parliament can be dissolved early. In the Republic of Belarus he can be dissolved if he refuses to trust the government and refuses to accept him as prime minister. Parliament can be dissolved if there is a gross violation of the law.
The dissolution of parliament is not allowed:
- within one year of work;
- in the last 6 months of the president’s work;
- when the president is removed from power (impeachment);
- in conditions of a martial law emergency.
2.
Among the bodies, the government plays a major role. It is the central institution of government. None can exist without government.
The government is the central collegial body, because this includes ministers. It carries out executive and administrative functions. In most countries, the government is called the cabinet of ministers, or the council of ministers. In Switzerland there is a federal council. The head of government is the prime minister (chairman of the council of ministers). In Austria and Germany - the chancellor. In the Republic of Belarus - Prime Minister (G. Novitsky).
The government is formed in different ways. In parliamentary republics it is formed by the parliament, in presidential republics - by the president. But in Western countries, under both forms of government, the government is formed from members who won the elections or gained a majority. In Belarus, only 5 members of the government are formed with the consent of members of parliament, and the rest are called the president.
In a parliamentary republic, the government is responsible to the parliament, in a presidential republic - to the resident.
In the Republic of Belarus, it is accountable to the president and responsible to parliament.
The government in its structure includes a ministry, a state committee, and national institutions.
In the United States, the government consists of 12 departments.
The Republic of Belarus includes 24 ministries, 12 state committees, 9 all-republican associations. In total, government agencies employ 110,000 people.
Functions of government:
1. Provides general leadership and management of internal and external affairs.
2. Coordinates and coordinates the activities of the ministry.
3. Develops a draft budget and then implements it.
4. Through the ministry, manages the economy and education.
5. Has legislative initiative.
6. Represents the country on the international stage.
The government of the Republic of Belarus exercises similar powers, but also:
1. Develops directions for foreign and domestic policy.
2. Issues resolutions.
The Prime Minister heads the government, holds meetings, signs government decisions, and informs the president about his activities.
Government activities rely on the bureaucratic apparatus.
In accordance with Art. No. 106 of the Republic of Belarus, the government can be dismissed if parliament refuses to trust it, or the president himself dismisses it.
3.
The government is the administrative body. The head of government occupies an important place. This is determined by the fact that the most democratic state needs governance. There must be a person personifying the state, a symbol - the head of state. It could be:
1. Tribal leader (Western Samoa).
2. Crown Prince (Belgium, Netherlands).
3. Designated monarch (Saudi Arabia).
4. Imperial Governor (Austria).
5. Head of the junta (Chile, Paraguay).
6. President.
In the USSR, there was the chairman of the presidium.
In the Republic of Belarus, the head was the chairman of the Supreme Council.
In 102 countries the head of state is the president.
If the monarch is inherited for life, then presidents are elected for a term and by the people. The President of Zaire and Malawia is the head of state for life.
In the modern sense, the first president is John Washington. In Rome there were Caesar - Julius and others. The president is a key figure between the legislative and executive powers. It connects and connects the legislative, executive and judicial powers - it depends on the form of government.
Forms of government: presidential, parliamentary, mixed.
In the presidential and mixed forms, powers are obtained as a result of elections. In France and Russia, the president is elected by the people. In the USA, 500 electors vote, who were elected by the people.
Under the parliamentary system, the president is elected by parliament (Latvia, Greece, Israel, Czech Republic). In Germany, an assembly of authorized states and a parliament are elected. In Switzerland there is a federal council.
In most countries, the president is elected for 5 years (Russia, France, Belarus). In the USA and Latin America - 4 years. In Switzerland - 1 year. There cannot be more than two terms in a row.
Restrictions:
1. Age.
In RB:
- the president is at least 35 years old
- no criminal record
- has lived in the Republic of Belarus for more than 5 years
- citizen of the Republic of Belarus
Powers of the President.
In presidential and mixed states there are broad powers. Has the ability to influence the legislative process, real executive power, forces of law and order, and is the commander-in-chief.
In the USA, the president is the head of state and government. Formed by parliament and can be dissolved.
There is a strict separation of powers here. Parliament cannot dissolve the government, and the president cannot disperse parliament.
In mixed states there is a double responsibility of the government.
Congrisingatura - decrees become valid if they are signed by the head of government.
In parliamentary republics: the president is the symbol of the state, signs the laws of parliament, and the prime minister directs all activities.
In the Republic of Belarus, the president occupies a special place; his powers directly or indirectly overlap all branches of government. He is the supreme commander-in-chief, the guarantor of the constitution, personifies the unity of the people, and represents the republic on the world stage.
He is not only the head of state and leads and forms the government. Can appoint and remove governors and judges. Can announce emergency events. He can dissolve parliament if the parliament passes a quota of no confidence in the president, if the parliament does not approve the prime minister twice.
The President has his own administration. The main task of the administration is to ensure the interaction of the president with the authorities.
If the president is removed, the prime minister (or vice president) takes over.
4.
Legislative bodies promulgate laws, executive bodies predetermine their implementation, and the court punishes violations of laws and their non-compliance.
Judicial power is a system of independent state bodies, courts recognized on behalf of the state to administer justice. Judicial power is exercised only by the court. Judicial power is based on authority, respect, and tradition. The decision of the judiciary is a mandatory law.
Judicial power is exercised by a system of courts: constitutional, supreme, supreme economic, regional, municipal and other courts.
The prosecutor's office plays a significant role.
Prosecutor's office:
- Supervises the precise implementation of laws, decrees, and public organizations.
- Supervision of execution of civil administrative violations, supports execution courts.
The court arose together with the state (princes, leaders)
Functions of the court:
1. Punishments - for violation of state purposes.
2. Resolution of disputes between the state and citizen.
3. Resolution of conflicts between the state and the enterprise.
4. Restoration and rehabilitation of justice.
In democracies:
1. Independence of the court.
2. Court elections (USA - life sentence).
3. Collegial consideration of large cases.
4. Right to appeal decisions.
5. Publicity.
6. Competition between judges (the prosecutor and the judge practice eloquence).
7. Equality of subjects before the law.
8. No one is guilty until the court makes this decision.
Classification of vessels:
1. Universal courts
- military.
- Disciplinary.
The court system is built on the territorial principle. The court is subject to the law and no one else.
Control over the constitution. Carried out by the Constitutional Court of the Republic of Belarus. 6 judges and the chairman of the constitutional court - appointed by the president. 6 - appointed by the Supreme Chamber. Term - 11 years, age limit - 70 years.
The Constitutional Court gives an opinion on the compliance of laws, decrees, etc. with the constitution. This is the main orbiter in legal power and legitimacy.
The Constitutional Court guarantees freedom, property rights, and international rights. Citizens of the Republic of Belarus, and those living outside, regardless of their residence, can buy housing in the republic.
1. Head of state in the system of government bodies. Institute of the Presidency.
2. Legislative branch. The concept of parliament, its structure and powers.
3. Executive power in the political system of society. Concept, powers and functions of government.
4. The place of the judiciary in the system of government bodies.
5. Local government and self-government bodies.
1. The institution of head of state is found in almost all politically organized countries. State law gives it many functions and powers, prerogatives and privileges. Their specific set depends on the status of the head of state and the form of government.
The head of state can be:
– monarch, i.e. a sovereign person who legally rules in his own right and is not bound by political responsibility;
– president, i.e. an elected official who legally rules by virtue of direct or indirect popular trust and is responsible to the people;
– a collegial body with the status of president. For example, in Switzerland, the functions of the head of state are performed by the Federal Council, consisting of seven equal members, who alternately elect a chairman (president) for a period of one year, and he carries out individual acts of the head of state. The State of Sudan is headed by the Supreme Council. A collegial body (junta) can become the head of the state not only on legal grounds, but also due to usurpation;
– several equal elected officials who collectively head the state. Thus, in San Marino a dual institution of the head of state was established - two equal captain-regents.
Carrying out a representative function in internal state relations, the head of state uses the right to address the nation, signs on behalf of the state agreements with the constituent entities of the federation and other agreements (for example, on socio-political issues with trade unions and parties), decisions on pardons, awards, etc. Monarchs and Presidents, representing their state, in some countries appoint part of the deputy corps. In addition, heads of state initiate legal proceedings in constitutional and other judicial authorities. Heads of state (their representatives) conduct legal disputes in the interests of the state.
Heads of state participate in the formation of the government, as well as other government bodies, such as courts. Monarchs and presidents are involved in military policy and in the leadership of the armed forces.
In addition, the head of state participates in the legislative process (legislative initiative, appointment of some deputies, promulgation, i.e. signing, enactment and publication of parliamentary decisions). The head of state is associated with coordination of the activities of legislative and administrative bodies - the right to convene and dissolve parliament, hold consultations with the heads of chambers and parliamentary factions, and the right to send messages to parliament.
The head of state is usually credited with the role of a symbol of the unity of the nation and the state; he is perceived as an arbiter between various political forces and parties. He is considered a guarantor of stability, territorial integrity, state security, and civil freedom.
2. Legislative authorities occupy a central place in the structure of the state apparatus. The main purpose of these bodies is legislative activity.
The dominant position of legislative bodies in the mechanism of the state determines the highest legal force of the laws they adopt and gives a generally binding character to the norms of law expressed in them. However, the supremacy of the legislative power is not absolute. The scope of its action is limited by the principles of law, natural human rights, and the ideas of freedom and justice. It is under the control of the people and special constitutional bodies, with the help of which the compliance of laws with the current constitution is ensured.
The main institution of state power that exercises legislative power is parliament. Parliament (from French) parker– speak) is the highest representative collegial body of the state. Parliament arose in England in the 13th century. and currently exists in most countries of the world.
Parliaments can be unicameral or bicameral.
The structure of parliament includes its governing bodies, parliamentary committees and commissions, party parliamentary factions. The governing bodies of parliament primarily include chairmen (speakers) of parliaments or chambers. The chairman directs the work of parliament, so his impartiality is one of the important circumstances that helps reduce the intensity of parliamentary struggle. Some collegial bodies, such as the organizing committee in the Parliament of the Czech Republic or the bureau of the chambers in the National Assembly of France, can also be included in the leadership of the parliament. These bodies are endowed with procedural, coordination and administrative rights.
Permanent bodies, usually called commissions or committees, are created in parliament. Deputies from various party factions, as well as specialists in the relevant field, take part in them. As a rule, commissions and committees do not have decisive powers. In general, their task is to prepare draft laws for decisions adopted by parliament.
Party factions are also part of parliament. They are led by party leaders. The role of factions in parliament can be very significant. It is the largest faction or group of factions that forms the parliamentary majority that preliminarily determines government candidates in parliamentary republics. The right of legislative initiative may also be assigned to them. The activities of parliament are not limited to lawmaking. The subject of his activities also includes approval of budgets, adoption of constituent decisions (on the constitution, dynasty), representation of the nation, state (for example, taking the oath of the head of state, expressing confidence in the government), participation in foreign policy (ratification and denunciation of international treaties), resolving issues about war and peace.
3. Executive authorities (government bodies) are executive and administrative bodies that carry out daily operational work on the state management of social processes in the interests of society.
Executive authorities are intended primarily to implement laws issued by legislative authorities. In pursuance of the laws, it is given the right to take active action, as well as the right to adopt by-laws. Within the limits of their competence, executive authorities are endowed with the operational independence necessary for their normal functioning. They are entrusted with all responsible tasks for legal regulation and management of various spheres of life of society and the state. These tasks, as well as the place and role of governing bodies in the state apparatus, are enshrined in constitutional and ordinary legal acts.
Executive power is exercised by the state through the government and its local bodies. The government exercises supreme political leadership and general management of the affairs of society. The government is called upon to ensure the protection of existing public order, the protection of the external interests of the state, and the implementation of economic, social and other functions in the sphere of public administration. The most significant decisions that give rise to legal consequences and responsibility for their implementation are issued by the government in the form of regulatory acts (decrees).
There are two main ways of forming a government – parliamentary and non-parliamentary. In the first case, the government is formed on a parliamentary basis and its head is, as a rule, the leader of the party that won the parliamentary elections. This method is typical for parliamentary republics and constitutional monarchies. The parliament here has the right to express a vote of no confidence in the government. In the second case, all members of the government are appointed by the head of state, who also has the right to dismiss the government at any time.
Thus, the government is a collegial body of the executive power of the state, exercising the fullness of this power in the relevant territory.
4. The judiciary is the third branch of government, which plays a special role in the mechanism of separation of powers. This power is designed to restrain the legislative and executive, which is one of the conditions for ensuring the balance of powers in the state.
Only the judiciary administers justice. It is important that the court not only implements the principle of fairness in law enforcement practice, but also acts as a kind of arbiter in the lawmaking process. Thus, the court acts as a “check and balance” in relation to the other two branches of government. Moreover, the court has certain advantages over the legislator in quickly bringing the legal order in line with the requirements of life. The court, turning to the interpretation of the constitution and law, can use the analogy of law and the analogy of law, that is, make decisions guided not only by the letter, but also by the spirit of the law, axioms and principles of law. We are talking, first of all, about extreme, exceptional situations, especially in processes that ensure such a distribution and balance of the other two branches of power, which would ultimately guarantee the dominance of law and justice in society. The basic principles of legal proceedings are:
– independence of the court;
– professionalism of judges;
– collegiality in the consideration of most cases;
– equality of the parties in the process;
– transparency in the consideration of most cases;
– the right to appeal a court decision.
The main function of the judiciary is law enforcement, and the most important way of its implementation is justice, carried out by specially created government bodies in a strictly defined procedural form.
The second most important function of the judiciary is arbitration - that is, the resolution of disputes and conflicts between the state and citizens, between government agencies, and also between individual citizens.
Decisions of the judiciary are generally binding, they have the force of law and are enforceable.
5. Local governance is a type of administrative activity, the subject of which is relations of a local nature, the interests of local communities (communes, communes, territorial collectives), providing some combination of local interests with state ones. Local government is regulated not only by municipal and administrative law, but also by state law. It defines the general conditions of local government.
To distinguish between types of local government, the following criteria should be mentioned: a) legal status of territorial communities of citizens; b) the composition of interests, the implementation of which is entrusted to the system of local government bodies; c) the means of control that the state has over the territories; d) conditions for the formation of local government bodies.
Taking these criteria into account, four types of local government are distinguished: federalism, self-government, decentralization and centralization. It should be noted that in one state there are sometimes several types of local government.
Local government is a form of organization and activity of local executive and administrative bodies to resolve issues of local importance, based on the national interests of the population living in the relevant territory. The unified system of local government bodies on the territory of Belarus consists of regional, district, city, town and village executive committees and local administrations.
The system of local self-government includes, in addition to local Councils of Deputies, also bodies of territorial self-government (councils and committees of microdistricts, housing complexes, house, street, block, village, village committees and other bodies, including individual ones). Local self-government is also implemented through the holding of local referendums, meetings of citizens and other forms of direct participation of citizens in state and public affairs. A particularly significant place is occupied by local elected representative rural, town, city, district, regional Councils of Deputies, which make up the system of Councils in the Republic of Belarus. The unity of this system is ensured by the commonality of legal norms, principles of education and activity, as well as the tasks that they solve in the interests of the population, social and economic development of the corresponding territory. According to the Constitution of the Republic of Belarus (Article 118), local Councils of Deputies are elected by citizens in administrative-territorial units for a period of 4 years.
There are 3 territorial levels of Councils in the Republic of Belarus:
– primary (rural, township, city (urban district subordination) Councils);
– basic (city (cities of regional subordination) and district Councils);
– regional (regional Councils, Minsk City Council).
In accordance with Art. 12 of the Law of the Republic of Belarus “On Local Government and Self-Government in the Republic of Belarus” Councils of Deputies are the main element of local self-government and representative government bodies on the territory of the relevant administrative-territorial units of the Republic of Belarus. They ensure coordinated activities of territorial public self-government bodies on their territory.
Security questions
1. What branch of government does the parliament, head of state, and government represent?
2. Identify the main functions of parliament.
3. How is work organized in parliament? What is a faction?
4. Name the rules for forming a government in a parliamentary republic.
5. What is the procedure for forming and the status of the government in a presidential republic?
6. What features does a government have under a mixed form of government?
7. List the main functions of government.
8. What is the difference between local government and self-government, what are their powers?
9. What is the place of the judiciary in the political system of society?