LawState and Law

Federated State - the optimal form of government

The federal state is by far the most acceptable form of state-territorial organization of large states or states in which the population is located on a national basis.

Today, scientists do not give a single definition of a federal state, however, having analyzed most of the positions, this type of state can be defined as a complex state, consisting of two or more administrative territories united by a single center on the basis of the Constitution. As a rule, such a state is characterized by certain signs:

  1. The distribution of power - the "center" and the subjects of the federation stipulate in the Constitution their competence in solving state problems;
  2. Division of the legal system into a federal system (universally binding for all citizens of the country) and a system of subjects of the federation (acting only in the territory of the subject of the federation);
  3. The supremacy of the central legal system over the system of the subject of the federation;
  4. Bikameralizm - the interests of the subjects of the federation are represented in the upper house of parliament;
  5. The fact that the subjects of the federation does not have the right to withdraw from the federation;
  6. The principle of dual citizenship is the citizenship of the federation and the subject.

The federal state today is typical for 24 countries, including Switzerland, the United States, Brazil, Canada and Russia. All of them were created in three main ways: transition from a confederation to a federation on a contractual basis or a transition from a unitary state to a federation.

Unitary and federal state .

Disputes about which form of administrative-territorial structure is better are held among lawyers for several years. As a rule, each of the scientists leads his arguments in favor of one form or another. A unitary state is an acceptable form for small states, in which one nation lives. The territory in this case is divided into areas that are subject to the legal regime established by the central administration. The experience of modern states shows that a unitary form is also suitable for multiethnic states in which public authorities can ensure their unity.

The federal state is suitable for the states in which the association occurred on the basis of national, territorial or economic interest. In this case, the federal center regulates general issues of public life, allowing the subjects of the federation to solve specific issues arising in the process of administering a specific subject of the federation. A federal state can be an ideal solution for states that are unitary and are in a state of "frozen conflict". However, in this case it is necessary to determine in advance the type of federation - centralized (center - strong, subject - weak) or decentralized (the center sets the general concept of development, the subject solves all other issues).

The unitary and federal state is by far the most widespread form of the administrative-state system. This provision is understandable, because It is these two forms of government that are ideally suited for building a rule-of-law state.

Russia is a federal state .

For such a diverse on the economic and national basis of the country as Russia, the federal form of state-territorial arrangement is the best option.

The emergence of Russia as a federation was due to the historical process of development. However, the leading role in this process is played by the Constitution of 1993, in which legislators took into account the experience of predecessors and provided fairly broad rights to the subjects of the federation. So, according to the text of the initial Constitution, Russia was a decentralized federation. But over the past 10 years, there has been a clear trend towards a centralized federation. This transition is connected with the large territory and multinational composition of the population of the country, the control of which is determined by the need to eliminate the secession processes before their theoretical occurrence on the territory of Russia. The federal state for this period of time meets the conditions for the normal functioning of the Russian Federation from both a legal and an economic and social point of view.

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