Institutions of state power. Legislature
1. Legislative branch. The concept of parliament, its structure and powers.
2. Executive power. Concept, powers and functions of government.
3. Place of the judiciary in the system of authorities state power.
4. Head of state. The place and role of the president in the system of government bodies.
5. Local government and self-government.
1. Legislative branch. The concept of parliament, its structure and powers. To solve the problem of abuse of power, the theory and practice of separation of powers is used. The origins of the development of this concept are the French philosopher Charles Montesquieu and the English philosopher John Locke. “Everything would perish,” wrote C. Montesquieu in his treatise “On the Spirit of Laws,” “if in one and the same person or institution... three powers were united: the power to create laws, the power to enforce decisions of a national nature and the power judge crimes or lawsuits of private individuals.” Currently, the principle of dividing state power into three independent branches is enshrined in the constitutions of many states.
The Constitution of the Republic of Belarus also provides that state power is exercised on the basis of its division into legislative, executive and judicial. Art. 6 contains 4 universal elements of the theory of separation of powers. These include:
1) the existence of three branches of government: legislative, executive and judicial;
2) relative autonomy and independence of the legislative, executive and judicial branches of government within the limits of their powers;
3) interaction between branches of government;
4) mutual checks and balances between government bodies.
Legislature- this is, first of all, one of the types of state power, which, in unity with other branches of government, is a mechanism for the functioning of democracy. The legislative power is represented by a system of state bodies that have and exercise the right to adopt laws. It is an institution of state power representing the interests social groups, society as a whole. Legislative authorities occupy a central place in the structure of the state apparatus. The main purpose of these bodies is legislative activity.
As D. Locke notes, “the legislative power must of necessity be supreme and all other powers in the person of any members or parts of society flow from it and are subordinate to it.” The legislative authorities have supremacy, since it is the legislative authority that establishes the legal principles of state and public life, the main directions of internal and foreign policy countries.
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.
The main institution of state power that exercises legislative power is parliament. Parliament(from fr. Parler - to 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.
general characteristics Parliament as an institution of state power provides for the vesting of parliament with power. They are usually enshrined in the state constitution in the form of prerogatives, within the framework of which parliament has the right to make political decisions. It is also important that any parliament is a collection of statesmen who make only collegial decisions and bear collegial responsibility for them.
Parliament is a representative body and this characteristic means that at least some of its members are elected by the people and represent their interests. In a number of countries, the legislature consists of both elected and appointed members. These bodies should be considered parliaments, even if the electoral principle is poorly reflected in them. For example, in Brunei, the Sultan appoints 11 deputies, and only 10 members of parliament are elected. In Great Britain, power in the upper house of parliament is generally inherited, and its deputies bear virtually no responsibility to voters.
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), and resolving issues about war and peace.
The structure of parliament is quite complex. Its main element is the board of deputies itself. State law usually requires that the assembly of deputies be a truly functioning body. In particular, one of the conditions for decision-making is the presence of a certain number of deputies. In most cases this is half of the total number of members of the chamber.
Many parliaments, forming a single body, consist of not one, but two chambers. The division of parliament into two chambers serves the purpose of protecting voters from their own errors, preventing the legislature from becoming a spokesman for the immediate interests of society. It is for this reason that the terms of office of the houses of parliament differ. Moreover, the powers of the upper house are usually longer than the lower one, which, coupled with a more conservative composition, makes it possible to make informed decisions, restraining the possible radicalism of the lower house of parliament.
The powers of the chambers of parliament are not equal. If the constitution provides for the resignation of the government by decision of parliament, if early dissolution of deputies is allowed, then these decisions, as a rule, are made by the lower house. The main burden in legislative work is also borne by the lower houses of parliament, while the upper houses approve the decisions made.
The structure of parliament also includes its governing bodies. First of all, these include chairmen (speakers) of parliaments or chambers. The chairman directs the work of parliament and his impartiality is one of the important circumstances that helps reduce the intensity of parliamentary struggle.
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. Parliamentary committees and commissions can be permanent or temporary. In most countries, standing commissions are created to carry out legislative work on a predetermined range of issues - budgetary, military, socio-economic and others.
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 auxiliary part in the structure of parliament is represented by special advisory services. In the Republic of Belarus, these include, for example, the Secretariat of the House of Representatives of the National Assembly.
The Parliament of Belarus, in accordance with the Constitution, is National Assembly. It consists of two chambers - House of Representatives and Council of the Republic. Deputies of the House of Representatives (110 in total) are elected in accordance with the law on the basis of universal, free, equal, direct suffrage by secret ballot.
The Council of the Republic is the chamber of territorial representation. They are elected from each region and city of Minsk by secret ballot at meetings of local Councils of Deputies basic level each region and the city of Minsk has 8 members of the Council of the Republic, and 8 members are appointed by the President.
The term of office of parliament is four years. The powers of the House of Representatives can be terminated early if there is a refusal of confidence, a vote of no confidence in the Government, or a two-time refusal to give consent to the appointment of the Prime Minister. The powers of both chambers may be terminated early based on the opinion of the Constitutional Court in the event of systematic or gross violation chambers of the Parliament of the Constitution of the Republic of Belarus. The main purpose of the parliament - the National Assembly of the Republic of Belarus - is its legislative competence.
The House of Representatives has the following powers:
– considers, at the proposal of the President or at the initiative of at least 150 thousand citizens of the Republic of Belarus who have the right to vote, draft laws on amendments and additions to the Constitution, on the interpretation of the Constitution;
– considers draft laws in all areas of the country’s internal and external spheres of activity; calls the election of the President;
– gives consent to the President for the appointment of the Prime Minister, hears the Prime Minister’s report on the program of government activities and approves or rejects the program, and rejection of the program means an expression of a vote of no confidence in the government;
– considers, at the initiative of the Prime Minister, the issue of confidence in the government;
– accepts the resignation of the President, brings charges against the President of committing high treason or another serious crime.
The Council of the Republic approves or rejects draft laws adopted by the House of Representatives, cancels decisions of local Councils of Deputies, considers Presidential decrees on the introduction state of emergency, full or partial mobilization.
The Council of the Republic has extensive powers in resolving personnel issues. He agrees to the appointment by the President of senior officials, elects 6 judges of the Constitutional Court and 6 members of the Central Commission for Elections and Republican Referendums.
Any bill is first considered in the House of Representatives, and then in the Council of the Republic and is finally signed by the President. Decisions of the House of Representatives are taken in the form of laws and resolutions, decisions of the Council of the Republic - in the form of resolutions.
2. Executive power. Concept, powers and functions of government. Executive authorities (bodies government controlled) 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, first of all, 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. 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.
In contrast to the legislative power, which is of a primary, supreme nature, the executive (administrative) power is essentially secondary, derivative in nature.
The essential features of executive power are its universal and substantive nature. The first sign reflects the fact that the executive power and its bodies operate continuously throughout the entire territory of the state. In this they differ from legislative and judicial bodies. Another sign means that the executive power, also, unlike the legislative and judicial power, has a different content, since it relies on human, material, financial and other resources, uses a tool for career advancement and a reward system. In the hands of the executive branch is very formidable force, because the existence of state power finds its expression precisely in its officials, army, administration, and judges. Among them, a special role belongs to armed formations: the army, security agencies, militia (police). Here, effective mechanisms of checks and balances, effective levers of political responsibility both on the part of the legislative branch (through developed legislation - legal laws) and on the part of the judicial branch (through judicial control and constitutional oversight) are extremely important.
Executive power is exercised by the state through government and its organs in place. The government exercises supreme political leadership and general management 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 government (president) makes appointments to the highest military and civilian positions, and is in charge of the administrative apparatus.
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). In addition to its own regulatory power, the government may have the right to issue delegated legislation. The governments (prime ministers) of most countries have the right of legislative initiative and can have a decisive influence on the legislative process.
For the course conducted and carried out management activities The government bears, as a rule, joint political responsibility. Denial of confidence in the government is expressed in strict legal form and through a special parliamentary procedure. A vote of no confidence leads to the resignation of the government and general rule to replace it with a new one. However, a defeated government (in order to balance the powers) may, without resigning, resort to early dissolution of parliament (lower house) and holding early general elections.
Thus, government- is a collegial body of executive power of the state, exercising the fullness of this power in the relevant territory.
The government in the Republic of Belarus is Council of Ministers– a collegial central body of government, exercising, in accordance with the Constitution, executive power and management of the system of government bodies and other executive bodies subordinate to it.
The government in its activities is accountable to the President of the Republic of Belarus and responsible to the parliament.
The Constitution does not contain an exhaustive list of persons included in the government. In accordance with Article 6, it consists of the Prime Minister, his deputies and ministers, as well as a number of heads of republican government bodies. The number of members of the Government is determined by the President.
The formation of the government is carried out by the Head of State, who is independent in his choice. In practice, the Prime Minister submits relevant candidates for consideration by the President. The Constitution of the Republic of Belarus does not specifically define the term of office of the government. It says that it resigns its powers before again elected President, which brings the government's term of office to the President's term of office.
TO exclusive competence The Council of Ministers includes issues of preparation and execution of the republican budget, the formation and use of state extra-budgetary funds, draft programs for economic and social development of the Republic of Belarus, the main directions of its domestic and foreign policy.
According to the law, in order to promptly resolve issues within the competence of the Council of Ministers, the Presidium of the Council of Ministers, consisting of the Prime Minister and his deputies, acts as its permanent body.
Article 108 of the Constitution of the Republic of Belarus provides that the government issues regulations that are binding throughout the territory of Belarus. The Prime Minister has the right to issue orders within his competence. Government decisions must comply not only with the Constitution, laws and decrees, but also with decrees of the President of the Republic of Belarus. Government decrees can be canceled by presidential decrees, and also declared to have no legal force in whole or in part by the Constitutional Court. The National Assembly of the Republic of Belarus is not vested with the right to cancel acts of the Government, however, it can submit a corresponding proposal to the President or the Constitutional Court.
3. The place of the judiciary in the system of government bodies. 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, and not the legislative or executive, administers justice. This guarantees the independence of the court, the rights and freedoms of citizens and statehood in general. 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.
Main function judicial power is law enforcement, and the most important way of its implementation is justice, carried out by government bodies in a strictly defined procedural form. Decisions of the judiciary are generally binding, they have the force of law and are enforceable. Judicial power in the Republic of Belarus belongs exclusively to the courts. The court system is built on the principles of territoriality and specialization. When administering justice, judges are independent and subject only to the law. Any interference in the activities of judges in the administration of justice is unacceptable and entails liability under the law. Cases in courts are considered collegially, and in cases provided for by law - by individual judges.
Issues of combating crime are identified as a priority for the entire system of law enforcement agencies, courts and prosecutors, as their main task.
Control over the constitutionality of normative acts in the state is carried out Constitutional Court of the Republic of Belarus(Art. 116). The Constitutional Court is formed on a parity basis: 6 judges are appointed by the President, 6 judges are elected by the Council of the Republic. The Chairman of the Constitutional Court of the Republic of Belarus is appointed from among the judges by the President with the consent of the Council of the Republic. The term of office of members of the Constitutional Court is 11 years.
According to Article 38 of the Law of the Republic of Belarus “On the Constitutional Court of the Republic of Belarus”, the conclusions of the Constitutional Court are final and are not subject to appeal or protest, and Article 9 of the Law of the Republic of Belarus “On the Constitutional Court of the Republic of Belarus” provides that normative acts recognized by the Constitutional Court as inconsistent with the constitution , are considered to have lost force in whole or in a certain part from the moment determined by the Constitutional Court.
The Constitutional Court of the Republic of Belarus has the right to submit proposals to the chambers of parliament, the President, the Council of Ministers and other state bodies on the need to make changes and additions to the acts of current legislation, and to adopt new regulations. These proposals are subject to mandatory consideration.
The Constitutional Court of the Republic of Belarus does not have the right to initiate cases at its own discretion and at the request of citizens. This function belongs to the President of the Republic of Belarus, the House of Representatives and the Council of the Republic of the National Assembly, the Supreme Court of the Republic of Belarus, the Supreme Economic Court of the Republic of Belarus, the Council of Ministers of the Republic of Belarus.
4. Head of state. The place and role of the president in the system of government bodies. 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, that is, a sovereign person, validly ruling in his own right and not bound by political responsibility;
– the president, that is, an elected official who legitimately rules by virtue of direct or indirect popular trust and is responsible to the people;
– 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. They are elected in turn to the post of chairman (president) for a period of one year. The State of Sudan is headed by the Supreme Council. A collegial body (junta) can become the head of the state not only for legally, but also due to usurpation;
– several equal elected officials, collectively heading 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 domestic 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 and others. Monarchs and presidents, representing their state, in some countries appoint part of the deputy corps, that is, they introduce into the parliament deputies who are not directly responsible to voters, but express national interests. 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 address messages to parliament. These rights can acquire exceptional political significance. Thus, if the President's message to the US Congress is political program, then the address of the Mexican president not only serves as a legislative initiative, but also acts as an instruction from the leader of the dominant party to the parliamentary majority.
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.
Monarch represents a very common type of head of state. Currently, about 40 crowned heads reign in their countries, including states that are members of federal unions. Like any head of state, the monarch is endowed with formal or actual powers of a political nature.
Legal status president much more modest, which does not relate to his political powers. As a rule, the powers of the head of state are limited by time. Although it must be borne in mind that the post of president can be occupied for life by a person about whom a corresponding reservation is made in the basic law. But under any conditions, the presidency is not inherited.
The institution of the presidency is one of the main elements of state power in countries with a republican form of government. Currently, the position of president exists in more than 140 countries.
The institution of the presidency is a Western invention. The term "president" itself comes from Latin word « praesidens", i.e. "sitting in front." IN ancient times President was the name given to those presiding over various meetings. The term “president” began to be used only at the end of the 18th century, when the first institution of the presidency was established in the United States.
The presidential office is filled through elections, which may be direct, indirect or parliamentary. The assumption of the presidency and tenure in this position is usually accompanied by a number of conditions. The president must be a citizen, meet the age requirement, cannot perform any paid work, be a deputy, be in another service, participate in the management of income-generating facilities, or in general commercial activities.
Like the monarch, the head of the republican state enjoys immunity. Attempts on his life can be classified as crimes that the criminal law prosecutes more harshly than attacks against other citizens.
The President is a responsible person. However, his regime of responsibility is special. The political responsibility of the head of the republic is very conditional. This is a responsibility to voters. Moreover, voters can, as a rule, express their negative attitude towards the president’s policies only at the next election and only on condition that the president runs again. The president's responsibility to citizens is reflected in the success of his political party, which voters may refuse to support if they consider the activities of the head of state unsuccessful.
State law regulates relations related to the departure of the president before the expiration of his term of office. It can take place in the event of his death, removal from office (impeachment), or impossibility of fulfilling the duties of the head of state.
The current version of the Constitution of the Republic of Belarus also supplements the traditional triad of powers with a fourth – the presidential power.
According to Article 79 of the Constitution of the Republic of Belarus, the President is called upon to ensure “interaction between government bodies, to mediate between government bodies,” that is, to take the branches of government under his patronage, to restrain and balance the latter, to be an arbiter in disputes between them. This trend is objective reality, inherent not only in Belarus, but also in many modern states.
The Belarusian Institute of Presidency basically contains French model. Modern performance about the presidency is based on its identification with the Head of State.
The countdown of the current system of state power in the Republic of Belarus can rightfully be traced back to 1996, when the presidential version of the new edition of the Constitution was adopted at a republican referendum with a completely new model government system and with the function of the Head of State.
According to the Constitution, the President of the Republic of Belarus occupies a special place in the state mechanism and the system of separation of powers: organizationally, he is independent (elected by the people), is not included in any of the branches of government and does not bear political responsibility to them.
The Belarusian presidential model of power has its own specifics under a presidential system of government, which is expressed as follows:
– powers of a special institution of presidential power in all spheres of government;
– unites all authorities for coordinated and effective functioning;
– the mediation of the President has been removed from the sphere of public authorities and extended to the relations of public authorities, the state and society;
– presidential powers from the point of view of separation of powers do not fit into the classical triad of power and are allocated in a separate chapter in the Constitution.
The main distinctive features of the Belarusian model of presidency, the originality of the Belarusian concept of separation of powers lies in the recognition of presidential power as the fourth branch of government, which, thus, pushes the institution of the media to the place of the fifth power in society.
Presidential powers, in essence, cover all areas of the organization and exercise of state power and, thus, provide direct influence on the formation of the ideology of the legislative, judicial and, in particular, executive power and the state apparatus.
By the way, it should be noted that the idea of the necessary constitutionality of the fourth branch of government is by no means Belarusian. Its ancestor is considered to be French political figure B. Constant (1767–1830), who developed the doctrine of the four powers to revise and develop ideas about the separation of powers in constitutional monarchy. The essence of the concept is that the three classical branches of government should be supplemented with one more, which would take care of the conflict-free, coordinated functioning of other authorities.
Giving the President of the Republic of Belarus such a “non-government” status and scope of powers allows him to carry out constitutional functions to formulate the main directions of domestic and foreign policy, protect sovereignty, national security and territorial integrity, supporting stability in the state, civil peace, as well as ensuring the unity of state power, sustainable management and coordinated functioning of the branches of government.
The structural and functional content of the institution of presidency in the state mechanism of Belarus also reveals the role of the Head of State in the formation of the ideology of the Belarusian state. IN political system society, the President of Belarus fulfills the following obligations under the Constitution: Features:
1) warranty The President is the guarantor of the Constitution itself, sovereignty, independence and territorial integrity of the state, human and civil rights and freedoms, economic and political stability.
2) arbitration-integrative function as originating from the “non-government” nature of presidential power. The Constitution places the President as an arbiter in relations between the branches of government for coordinated interaction, stable cooperation and unity, and not as a person who concentrates in his hands the powers of other branches of government.
One of the forms of implementation of the arbitration-integrative function is the President’s Appeal to the people, to the electoral electorate on holding a referendum on a controversial issue or early dissolution of Parliament. This allows conflicts between branches of government that may arise on the basis of double democratic legitimacy to be resolved in a civilized way, since the President and Parliament are elected in democratic elections.
3) control function. It is ensured by the control powers of the President under the Constitution or established by him in fact: government accountability, direct subordination of a number of ministries and departments to the Head of State, the repeal of government regulations in relation to the executive branch. In relation to Parliament and the Court, these are actually developing relations, for example, the President suspending the action of decisions of the Councils, raising the question before the Constitutional Court about the existence of facts of systematic and gross violation of the Constitution by the Chambers of Parliament. All this confirms the real control of the Head of State in the management of society.
Let us especially note that the role of the President as a guarantor of the rights and freedoms of man and citizen is brought to the same level as the role of the guarantor of the entire constitutional system.
5. Local government and self-government. Local governance is a type of administrative activity, the subject of which is relations of a local nature, the interests of local communities (communes, communities, 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 General terms local government.
To distinguish between types of local government, the following should be mentioned: criteria: A) legal status 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 into account these criteria, 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 self-government in the Republic of Belarus is an element of the constitutional system, as well as one of the forms of exercising the power of the people. It is a form of active participation, organization and activity of citizens for independent decision directly or through their elected bodies of social, economic, political and cultural affairs local significance, based on the interests of the population and the development features of administrative-territorial units, based on its own material and technical base and raised funds.
According to the Constitution (Article 117), in the Republic of Belarus there is a system of local government and self-government, which includes 4 elements: local Councils of Deputies; executive and administrative bodies; bodies of territorial public self-government; local referendums, assemblies and other forms of direct democracy.
The system of local self-government also includes 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, 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;
– base– city (cities of regional subordination) and district Councils;
– regional– regional councils, Minsk city council.
In accordance with Article 12 of the Law of the Republic of Belarus “On Local Governance 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.
The exclusive competence of local Councils of Deputies includes:
– approval of economic and social development programs, local budgets and reports on their implementation;
– establishment of local taxes and fees in accordance with the law;
– definition within, established by law, the procedure for managing and disposing of communal property;
– appointment of local referendums. Local Councils of Deputies, executive and administrative bodies, on the basis of current legislation, make decisions that are binding in the relevant territory.
Thus, the institutions of state power, implementing the functions assigned to them, play a vital role in the political system of society. The branches of government not only exercise state power, but also represent the interests of society.
The activities of parliament and the president are especially important in this direction, since these are the institutions of state power that are elected by the people. Receiving credit of trust, these bodies must guard the constitutional order. The existing system of institutions of state power, in each specific case, becomes a marker of the existing balance of power in a particular political system.
Control questions
1. Why the legislative branch occupies the most important place in the system of branches of government.
2. What are the features of the functioning of the executive branch?
3. Specify the functions of the judiciary.
4. Highlight the place of the Head of State in the system of government bodies.
5. What is the importance of local governments?
In the Russian Federation, the state power is exercised by:
1. President of the Russian Federation - The role of the president in parliamentary republics comes down to coordinating the actions of the three branches of government; he performs the functions of the head of the state. (Italy: formally the president has great powers, but in fact, in accordance with the constitution, no act of the president of the republic is valid unless it is counter-authorized by the ministers who proposed it, who are responsible for this act. Acts having the force of law are counter- are also allocated by a representative of the Council of Ministers. Counter-signature is the signature of the minister).
In a presidential republic, the president is not only the head of state, but also the executive head. authorities (USA: the US president is not accountable to any bodies in his activities, the cabinet consists of ministers appointed by the president, they are accountable to him).
In Russia, the institution of president was introduced in March 1991. The legal status of the president of the Russian Federation is the head of state. The President of the Russian Federation is not directly included in any of the branches of government; his role is defined. track.:
Guarantor of the Russian Federation Consciousness;
Guarantor of human and civil rights and freedoms;
State guarantor integrity, independence and sovereignty of the Russian Federation;
Activity coordinator power structures state;
Representative of the Russian Federation within the country and internationally. relationships.
2. Federal. assembly - parliament of the Russian Federation - Feder. the meeting will present. and legislator. organ of the Russian Federation. Feder. The assembly is a bicameral body. It is believed that the two-fingered structure is reflective. federate. RF device. The Federation Council includes 2 representatives from each subject (1 - executive power, 1 - representative power). Maksim. Number of senators: number of subjects *2.
Basic F-tion Federal. meetings: the function of legislation, here the main role is played by the state. thought. A draft law is submitted to it, it undergoes readings, and it is adopted. state Duma, then the Federation Council.
3. Government of the Russian Federation - The representative of the executive branch is a collegial body. In comp. rights include the heads of ministries and center departments. In decomposition In countries, the law is called: Council of Ministers, Cabinet of Ministers, Federal. government... The status and role of government depends on the form of government. The order of government formation also depends on the form of government: parliamentary and extra-parliamentary. Parliament. way used in countries with a parliamentary form of government. In this In this case, the government is formed by that watered. party, cat has a majority of seats in parliament. The traditional way of forming rights is concluded in: 1. Head of state. appoints the head of government (president, queen...), 2. The head of government forms the composition of the government and submits it to parliament for approval.
4. Courts of the Russian Federation - The judiciary is the right, opportunity and ability of a specialist. created by state institutions - courts influence the behavior of people and social. processes specifically defined by legal. measures established laws. 1.Only the courts can exercise judicial power. 2. These state establishment beings inherent only they have a method of action, namely judicial proceedings in the adoption of a generally binding court. solutions. 3. Courts use specifically defined means of punishment, fixed in law. F-ii court. authorities: 1. Justice, 2. Limitation and control over government activities. bodies for the execution of laws (restraint, balance of 2 other branches of government), 3. Interpretation of legal norms. The form of interpretation of law is the decision. Constitutional Court, Guiding Clarification supreme court, as a rule, take the form of a resolution and are mandatory. 4. Official certification of facts of legal significance (only a court can declare a person dead who has been absent for a long time).
In accordance with the nature of the functions and powers, the institutions of government in countries with democratic political regimes are divided into three relatively independent branches: legislative, executive And judiciary.
6.1. Legislative power: essence, structure, powers
The highest body of legislative power, representing the people as its sovereign source, is parliament.
The word "parliament" and its corresponding authority first appeared in England in 1265. English word parliament comes from Latin parlare- speak.
However, Iceland claims the right to be called the birthplace of the first representative and legislative body of government, where since the 9th century. Representatives of the Vikings gathered to discuss and resolve their issues in a special place - the Althing. The Icelandic parliament still bears this name.
The highest legislative and representative body of power has different names in different countries: in Great Britain and Italy - parliament, in the USA - congress, in Israel - the Knesset, in Belarus and many other countries - the National Assembly, in Russia - Federal Assembly, in Germany – the Bundestag, etc. The word “parliament” is usually used to designate the highest representative and legislative body of power of any modern democratic state.
All parliaments perform four main functions:
Rice. 7. Functions of Parliament
Legislative function Parliament is implemented in the legislative process, which includes four stages:
legislative initiative;
discussion of the bill;
adoption of the bill;
promulgation (approval) of a bill.
The right of legislative initiative, that is, to submit a draft law for consideration by parliament that has the legal form of a draft law, is vested in all members of parliament, the head of state, the government, and large (several tens or hundreds of thousands) groups of citizens by collecting signatures. In accordance with Article 97 of the current Constitution of the Republic of Belarus, the House of Representatives of the National Assembly considers draft laws on amendments and additions to the Constitution and on the interpretation of the Constitution on the initiative of at least 150 thousand citizens of Belarus who have the right to vote.
The discussion of the bill takes place during the readings. At the first reading, it is submitted for consideration and submitted to parliamentary commissions. Their comments, proposals and additions are considered at a parliamentary meeting in the second reading. After amendments are made, the bill is discussed article-by-article in the third reading.
Promulgation(from English promulgation– promulgation, publication) is the entry into force of a law after it is signed by the head of state and officially published. In presidential and mixed republics, the head of state has the right to return the draft law after its adoption by deputies to parliament for additional revision.
Parliaments in democratic states have the exclusive right to carry out the most important economic functions of the state: approving revenues and expenditures of the state budget, adopting legislative acts regulating economic activities, establishing the types and amounts of national taxes and fees, ratifying interstate economic treaties and agreements.
Since the legislative acts and constitutions of states define the place, role and structure of parliaments in different ways, they are usually classified according to the structure and structure of the highest state power.
By structure, parliaments are divided into unicameral and bicameral, including an upper and lower house.
The lower houses are formed, as a rule, by popular election of deputies by voters living in a certain district. The upper houses are formed in different ways: the House of Lords in Great Britain - according to the principle of inheritance, in Canada - according to the principle of appointment by the head of state, in the USA, Italy, India - according to the principle of popular election.
Parliament - the National Assembly of the Republic of Belarus - consists of a lower house - the House of Representatives and an upper house - the Council of the Republic. Deputies of the House of Representatives are elected by universal, direct, secret ballot. The lower house includes 110 deputies, the upper house includes 64 members of the Council of the Republic. The upper chamber - the Council of the Republic - is formed on the principle of territorial representation (8 members from each region and the city of Minsk are elected by deputies of local councils at the base level of each region and the Minsk City Council, 8 members are appointed by the President).
The need for the upper house is dictated by the fact that it can more effectively represent the interests of the constituent entities of the federation (in federal states), as well as serve as a counterbalance and deterrent in cases where the lower house makes not entirely well-thought-out decisions, both in federal and unitary states.
According to the structure of the highest state power and the degree of power, parliaments are divided into four groups.
1. Parliaments of responsible government, characteristic of parliamentary republics and monarchies in which parliaments have the right to approve the composition of governments and dismiss them (Great Britain, Spain, Italy, etc.).
2. Parliaments of presidential rule who do not have the right to dissolve governments (USA, Mexico, etc.).
3. Parliaments of mixed government who have the right to dismiss governments, but the president also has the right to dissolve parliament (France, Finland, Russia, etc.). According to Article 97 of the Constitution of the Republic of Belarus, the House of Representatives of the National Assembly may express a vote of no confidence in the Government of the Republic of Belarus.
4. Consultative (or deliberative) parliaments, who do not have real powers of authority, which are sometimes convened for the purpose of ascertaining public opinion in a number of Islamic countries (Kuwait, Bahrain, United Arab Emirates). In countries such as the DPRK, Cuba, China, Vietnam, parliaments are elected by the people, but are convened for 2-3 days a year to formally approve laws and decisions prepared by the party-state apparatus. The Supreme Soviet of the USSR had a similar actual status until 1989.
In order to streamline and increase the efficiency of the work of parliaments, they are given an internal structure.
The leadership of the parliament is represented by the chairman (speaker, in English). to speak- speak) and his deputies (vice-speakers), who are usually elected by deputies for the entire term of parliament. The chairman of parliament represents it in relations with other government bodies and in the international arena, determines the priority of consideration of issues, conducts parliamentary meetings, manages the parliamentary budget, hires and manages employees and technical personnel.
In each of the chambers, parliamentary commissions (committees) are created from among the deputies, headed by chairmen. Standing commissions are responsible for certain areas of parliamentary activity and are engaged in the development of bills or the analysis and refinement of received legislative initiatives. Among such commissions are the commissions on the budget, on international affairs, on science, education and culture, etc. Temporary parliamentary commissions are created to perform a specific task, for example, to investigate serious incidents.
Standing parliamentary commissions play a significant role in the preliminary discussion of bills; in many countries, without a positive conclusion from the commission, bills are not even put to a vote in parliament.
Factions are formed from the members of parliament (from lat. fractus- broken), which unite deputies belonging to a certain political party and movement, or similar in their views on solving a set of problems. Factions receive official status in parliament, have the right to representation in the governing bodies of parliament (faction leaders can be vice-speakers, i.e. deputy chairmen of parliament), and are consulted by the chairman of parliament on issues of its activities. In some countries, parliamentary factions are called parliamentary groups or clubs.
The activities of the parliaments of many countries around the world are actively influenced by the so-called lobbies (from the English lobby - lobby, sidelines, walking room adjacent to the premises where the legislative bodies meet) - individual people or groups who, on the basis of secret agreements of certain forces with deputies outside Parliament seeks to adopt (as a rule, not selfishly for themselves and legislators) beneficial political decisions and bills. Officials belonging to other branches and levels of government are also subject to the influence of lobbyists. Although in the strict sense lobbies exist outside government bodies, they are nevertheless often identified with specific groups of deputies and officials pursuing certain interests.
The reasons for lobbying are rooted in the presence of personal, ethnic, family, religious and other connections between legislators and certain figures and forces, the opportunity and temptation for legislators and officials to use their proximity to power for personal gain of a material and other nature. Lobbying, depending on the nature of its subjects, appears in various forms:
Regional lobbying – promoting the interests of certain territories (for example, the north and south of Kyrgyzstan, the west and east of Ukraine, the southern states of the USA, etc.);
Social lobbying - support for bills that benefit specific social groups and communities (entrepreneurs, workers, peasants, women, etc.);
Religious lobbying – defending the interests of religious denominations;
Ethnic lobbying - support for making political decisions beneficial to individual nationalities and ethnic communities;
Economic lobbying – creating a favorable legal environment for certain enterprises, industries, corporations, monopolies;
Foreign lobbying is the pushing of decisions that reflect the interests of foreign states on the territory and in the foreign policy activities of the country, the citizens of which are the deputies and officials recruited by the lobby;
Family-clan lobbying is legislative and government support for certain families and clans. This type of lobbying is most characteristic of countries with stable traditions of tribal relations, but is also found in developed countries (in the USA there were lobbies of the Roosevelt, Kennedy, Bush clans, etc.).
Lobbying as a phenomenon of political life can be assessed in two ways. On the one hand, it allows us to better identify and implement in the work of the branches of government the diversity of interests in society. On the other hand, in many cases it is accompanied by bribery, blackmail, and the desire to achieve, at any cost, decisions beneficial to individuals and forces, illegally and to the detriment of others.
Members of parliaments in most countries have parliamentary privileges. These include the following:
immunity (from lat. immunitas– exemption from public duties, benefit), – parliamentary immunity, which assumes that a deputy cannot be brought to administrative and criminal liability without the sanction of parliament;
indemnity (from English. indemnity– compensation, reimbursement) – release of a deputy from responsibility for the content of his speeches in parliament and for the results of those events that he supported by voting.
The state apparatus includes the following main elements: bodies of representative power (central and local), executive and administrative bodies (ministries, local authorities executive power), prosecutorial authorities, courts, public order authorities (militia, police), defense authorities state security, government control bodies, armed forces.
Parliament is the highest legislative body in the state, elected by citizens and representing their interests. Main functions of parliament:
- - legislative,
- - representation of citizens' interests.
The powers of parliament also include: a) approval of the state budget and a report on its implementation, b) participation in the formation of the government and control over its activities, c) determination of the state’s foreign policy course, etc.
Structure: parliament is bicameral (one chamber usually represents all citizens equally, the other - territorial or national-territorial communities); and unicameral, presupposing ethnic and socio-cultural homogeneity of society. The procedure for forming parliament depends on its structure.
In our state, the parliament is called the National Assembly of the Republic of Belarus and consists of two chambers - the Council of the Republic and the House of Representatives. The Council of the Republic (upper house) is formed on the principle of territorial representation (eight people from each region and the city of Minsk, and another eight members of the chamber are appointed by the President of the Republic of Belarus). The House of Representatives is elected by citizens of the Republic of Belarus.
The head of the lower house or unicameral parliaments (by tradition he is called the speaker) in most cases is elected by deputies from among their members. The position of the chairman of the upper house is handled differently in different countries. In our country, both leaders are from their own composition. Important elements in the structure of the chambers are commissions (committees) formed by deputies to solve legislative and other problems. Parliamentary commissions can be temporary or permanent. Associations of deputies based on party affiliation are called factions. The faction has its own leadership.
The government (together with the Presidential Administration) forms the executive branch. The government is a state institution, a management system that has the right to the monopoly use of physical coercion to enforce laws and customs on the territory of a given country. Implements major policy decisions made by the legislature; can make political decisions itself (within the framework of its powers defined by the constitution and laws); leads the state. Main functions of government:
- - ensuring the security of the country and protecting the rights of citizens;
- - development of a program for the socio-economic development of the country;
- - formation of the state budget;
- - development and financing of investment programs;
- - personnel policy;
- - participation in legislative activities (legislative initiative, publication of normative legal acts, development of bills);
- - conducting international negotiations and concluding agreements, maintaining relations with international organizations.
Institutions of state power are social entities associated with the exercise of power and management of society. To 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 are unified system, have various powers and have an independent field of activity. They closely cooperate with each other in order to effectively implement the tasks facing the state.
Power is a defining element (attribute) of the state. The state makes its decrees binding on the entire population. These orders are expressed in the form of legal norms (laws) adopted by authorized state bodies. It is through the legislative bodies of the state that the ruling political group conveys its will to the governed. The obligation of the population to comply with legal norms is ensured by the activities of executive and administrative government bodies, courts, other legal institutions, as well as a special enforcement apparatus. The latter consists of detachments of people deliberately organized for this purpose and having the appropriate material resources.
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 various countries different design and title. 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 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.
Finally, the state is a sovereign organization of power, i.e. state power on the territory of the country acts as the highest power, and in the world community - as an independent, independent power. This means that state power is legally superior to the power of any other institution located on the territory of a given country. In international relations, the sovereignty of a state is expressed in the fact that its authorities are not legally obliged to carry out orders or commands of other states.