Pros of confederation. What kind of government system is a confederation? Other differences between government systems


And a union united by common goals is characterized by a confederal form of government. In history there are examples of such unions that formed a confederation for external and internal political purposes. Most often, confederation countries were created to solve the following questions: army, transport, foreign policy, communication system.

A confederation is considered a rather weak form of government and has a short lifespan. The result of the activities of a confederal state may be its transformation into a federation or its cessation of existence after achieving its goals. The instability of the confederation is explained by the fact that each of its subjects, at will, can terminate the agreement on membership in this association. A striking example of a confederation is the United States, a country created as a result of a union of independent states, and subsequently transformed into a federation. The confederation is often presented as a transitional stage to the formation of a new independent state.

A confederal state has its own specific features, which characterize him as special form board. Members of the confederation are independent countries that retain their elements of the state, including the legislative and executive. The monetary system does not change, the army remains the same, and the activities of the tax authorities are preserved. A confederal state is a kind of opposite of a federation, and its participants can be members of one or more confederations at the same time.

Characterized by the presence of a budget, confederal state forms it from established contributions that all countries included in this union are obliged to pay. The confederation conducts activities own organs management, which includes members of allied

states They coordinate only those issues that contribute to achieving their goals. These authorities do not have direct power, but act exclusively through subjects. A huge advantage of a state being in a confederation is the simplification of the procedure for the movement of citizens across the territory of the allied states. Introduced visa-free regimes. It is important to note that a confederal state does not exclude the possibility of creating common policies among states and other common institutions.

The modern concept of confederation has very vague boundaries, and the existence of such independent form management discussions are ongoing. The reason for this is a fine line interactions different states, which often goes beyond the boundaries of the confederation.

Currently there are no distinct confederations in their general view, although there are associations of states that have characteristic features. The most an important condition the creation of a confederal state is legislative consolidation this fact. Therefore, many modern state unions, which include the UN and the CIS, do not belong to the confederation.

History of appearance modern states has many examples when they were created from several regions independent of each other. This was due to the development of very close social, economic, and political ties between them.

However, the main factor in unification under a single, albeit temporary, central authority was common interests. Such unions are called confederations. Therefore, it is worth examining in more detail what a confederation is and the features of its structure.

First of all, a confederation is a union of several sovereign countries that have general body, who is responsible for coordinating activities in various areas, from foreign policy and economic to military.

Important distinctive feature Such an association is that all the states included in it do not lose their sovereignty, and therefore retain their own authorities in all areas.

Often in charge union state A limited number of questions are answered. Usually it is foreign policy and defense. The decisions taken by the central body apply to all member countries of the association.

According to the information contained in Wikipedia, a confederation is currently an extremely rare form of government, the status of which is divided among politicians and economists.

Some believe that this is a full-fledged union, while others point to the temporary nature of the union. The main problem with the weakness of such entities is the lack of jurisdiction of the unifying body over the residents, so it has to act only through the subjects.

Due to this, there is a need for the central authority to approve its decisions with the member states, only after which it can be adopted.

Another negative side confederation is the absence of a single legislative body and common citizenship. Therefore, each country has the right to independently withdraw from this association and pursue its own internal policy.

This determines the weakness of this form of supranational cooperation, which covers only established areas of interaction between participants.

Examples

Most a shining example The confederate states were the United States during its formation, as well as the Swiss cantons.

Thus, at the beginning of the 18th century, the USA was an association of this type, containing a weak legislative branch And central administration. They had the right only to an advisory function, and all real power belonged directly to the local states.

If we talk about the Swiss cantons, which were formed in 1291, then they included the lands of Schwyz, Uri, and Unterwalden. They signed a charter among themselves, which served as the basis for further creation Switzerland.

The need for this lay in the confrontation between the emperor and the local authorities, which were supported by the population.

Therefore, after the declaration of independence, the created union state expanded its territory in numerous wars that took place with the Habsburgs.

In addition, in the period from the 14th to the 16th centuries, the main part of northern Europe was controlled by the Kalmar Union.

It included the following states:

  1. Denmark.
  2. Sweden.
  3. Norway.

These Scandinavian countries together they resisted the changes that occurred in the climate of Europe. Due to the cold weather, an economic crisis began, due to which the feudal lords, whose possessions included the lands of most of northern Europe, needed central power.

Another example is the Polish-Lithuanian Commonwealth, which united into one confederal state consisting of the Kingdom of Poland, as well as the Principality of Lithuania. At the same time, both subjects left control, laws, army, and also the court to the central government.

Due to this, their unification was closer in comparison with other examples of this type of state-union structure.

Another forced union sovereign states was the country of the Marathas, located within modern India.

It was created to counter the expansion of the Mughal Empire, due to which it existed for more than 100 years.

Such an association has shown high effectiveness in the fight against the Islamic state.

Signs

The main features of the confederation are as follows:

  • all members of the association retain their sovereignty;
  • in case of contradiction general laws national priority is given to the latter;
  • there is the possibility of unhindered withdrawal from the association;
  • there are general coordinating bodies;
  • decisions are made with the consent of all participating states.

In this case, all countries that are part of the association retain their complete independence in all matters, and issues are resolved jointly through the approval process by the leaders or their representatives.

For these purposes, special supranational structures are created that coordinate all tasks of interest to their members. However, decisions made by the central authority cannot contradict local laws.

Unlike the federation unitary state a confederation is a significantly weaker union of territories, and at any moment certain entities can leave it.

Worth knowing! Certain types of unitary structures with an incorrect approach to management turn out to be weaker than confederalism, due to less consideration of interests local residents and they have less freedom in making decisions.

The difference between a confederation and a federation

According to political scientists, the differences between such forms of unification of territories lie in the very principle by which distribution occurs authority.

Thus, there is an education in which the central government plays the main role, while maintaining a certain independence at the local level.

A confederation is a kind of union of independent countries, where the interests of each of them are paramount.

In short, the main ways in which one union of countries differs from another are:

  • In a federation, part of the sovereignty is given centrally to the government, whereas after confederation, the participating countries retain it completely.
  • The federal structure is divided into regional and national levels. And when united according to the confederal principle, all subjects retain own structure management.
  • A federation consists of administrative units, while a confederation consists of independent countries.
  • With a confederal structure of a union, its members can freely leave it, but with a federal structure, they cannot.
  • One state can be a member of several confederal unions at once, but can belong exclusively to one federation.

Are there any prospects for the confederation?

There are a number of reasons why the confederation turned out to be a historically unpromising type of government.

These are:

  • Absence central government with the proper strength. High level independence of the countries included in this union leads to its unstable position, and in combination with other factors can cause its collapse.
  • The temporary nature of a union is always conditioned by the achievement of certain goals, after which there is no longer a need for countries to be in it. This also leads to its disintegration.
  • Difficulty in management, which only increases when other members join the union. The reason is that making a decision requires the consent of all countries, each of which defends its national interests.

Nowadays there is no exact concept of what constitutes confederal structure, which would make it possible to determine whether a particular union belongs to a confederation.

List modern structures according to the basic principles suitable for this type of government, it contains the following associations:

  • European Union(aka EU);
  • Commonwealth Independent States(aka the CIS, which arose after the collapse of the USSR);
  • British Commonwealth (which arose after the separation of the colonies from the mother country).

The European Union includes 28 states. It was created in 1952 and has expanded rapidly since then, which is why it still exists today. Moreover, 19 of them are used as national currency single currency euro. In addition, 22 EU members are also members of NATO.

Important! The CIS is a confederal union. It was formed in the open spaces former USSR in 1991. It includes 11 countries pursuing the goals of ensuring peace and stability, economic integration and mutual assistance, and maintaining cultural and political ties.

The British Commonwealth is Great Britain and its former colonies. The union has been in operation since 1887. Total number The population of the participating countries is 2.2 billion, which is equal to about 30% of the total population of the planet. The symbolic role of governance is assigned to the British monk Elizabeth II.

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Let's sum it up

Despite the futility of the confederation in the future due to lack of clear vector of development, they exist and develop today, competing with countries with federal and unitary device. This is explained by a competent approach to management and achieving mutual understanding between all members.

    The absence of a common territory and state borders for the entire confederation.

    Lack of common legislative bodies and control systems.

    The absence of a common constitution, legislation, citizenship, and financial system for all participants.

    Lack of confederal sovereignty, but retention international status participants.

    The presence of a common confederal body consisting of delegates from sovereign states.

    Decisions of the general confederal bodies are carried out on the principle of consensus.

    Availability of the right to secede from the confederation.

Confederation- a form of government structure in which the states forming a confederation fully retain their independence and have their own bodies of state power and administration. At the same time, they create special joint bodies to coordinate actions for specific purposes (military, foreign policy).

The Confederation acts as a form of union of states that retain sovereignty in in full. Such a state structure currently does not exist anywhere, although attempts are being made to create confederations, for example, between Russia and Belarus, as well as in Western Europe. In the European Union there is already a single currency in non-cash circulation, the borders within the Union have been open for several years, there is no customs and visa control. But it’s still too early to talk about creating a confederation, although Europe is still approaching it. At different stages of history, confederations were formed, but after their short existence they disintegrated or acquired a federal form of state structure. In essence, combining the features of both an international legal and a state organization, under the influence of a number of reasons it loses the balance necessary for its preservation.

Here's an example Swiss Confederation, which was formed on the basis of a union treaty, according to which the cantons of Switzerland retained their independence, as well as all rights not delegated to the union. The cantons had their own coins, citizenship, entered into trade agreements with foreign countries, and determined the forms internal management. Residents of one canton did not have the right to settle in another canton unless there were agreements between the cantonal authorities on this matter. The Union government was left to resolve mainly political and military issues. The Swiss Parliament - the Diet - was not designed as a body of representation, but as a meeting of representatives from the cantonal governments. The Sejm delegates obeyed only the instructions given to them and accepted only preliminary decisions. Union government - Executive Council was deprived of power and independence financial base. All these issues were decided by the cantons. Since 1829, in conditions of deepening economic crisis In Switzerland, a movement began to form a new union of power. The result was the establishment of a union state that actually became federal.

Here are the features characteristic of this form of government:

    Contractual form of formation of a confederation. Most of the confederations were formed on the basis of relevant treaties.

    Freedom to secede from the confederation (secession). Unlike a federation, where an attempt at secession was considered a rebellion, leaving the confederation means terminating the contractual relationship with the union.

    The Confederation does not have sovereignty; sovereignty belongs to the states that are part of it. That is, no decisions of the union power have force on the territory of a state that is part of the confederation without their consent.

    The subjects of the confederation are limited to a list of a small and generally insignificant range of issues. These are questions of war and peace, foreign policy, formation of a unified army, common system communications, resolution of disputes between constituent entities of confederations.

    Not everyone forms a confederation government bodies, but only those that are necessary to carry out the tasks allocated under the treaty acts.

    In the representative bodies of the confederation, delegates do not represent the territorial parts or population of one state, but the sovereignty of the state.

    The permanent state bodies of the confederation do not have power. The acts of the confederal power do not contain norms direct action and are addressed to the authorities of the constituent entities of the confederation.

    Subjects of the confederation have the right of nullification, that is, refusal to recognize or refuse to apply acts of the union power.

    The budget of the confederation is formed from voluntary contributions from the constituent entities of the confederation. The confederation does not have the right of direct taxation.

    Subjects of the confederation have the right to establish customs and other restrictions that impede the movement of persons, goods, services and capital.

    As a rule, there is no one system monetary circulation.

    Military formations were staffed by the subjects of the confederation, and their double subordination to the state bodies of the confederation and its subjects was often maintained.

    There is no union citizenship in the confederation.

In conclusion, it should also be emphasized that confederations do not have a unified economic, political and legal system. This, of course, is one of its main drawbacks, since it is precisely because of their absence that confederations tend to disintegrate. Thus, the confederal form of government can serve as the basis for the formation of unitary or federal states.

    Concept and types of political (state) regime

Political (state) regime: concept and types.

Political regime- is a system of methods, means and means of exercising political power. All changes occurring in the essence of the state of this type , first of all, are reflected in his regime, and he influences the form of government and the form of government. According to some authors, the political regime and state regime same. According to other authors, the concept of “political regime” is broader, since it includes methods and techniques for the exercise of political power not only by the state, but also by political parties

, movements, associations. The concept of political regime includes the following

signs:

The degree of participation of the people in the mechanisms of formation of political power, as well as the very methods of such formation;

The relationship between the rights and freedoms of man and citizen with the rights of the state;

Guaranteed rights and freedoms of the individual;

Characteristics of the real mechanisms for exercising power in society;

The degree to which political power is exercised directly by the people; Funds position mass media

, the degree of openness in society, transparency of the state apparatus; Place and role government agencies V political system

society;

The relationship between the legislative and executive branches of government; Character legal regulation

(stimulating, limiting) in relation to citizens and officials;

Type of political behavior of leadership;

Taking into account the interests of the minority when making political decisions; Domination certain methods

(persuasion, coercion) in the exercise of political power; Political and legal status

and the role of the state’s security forces (army, police) in society;

A measure of political pluralism, including multi-party system.

There are democratic and anti-democratic political regimes.

Democratic regime (democracy).

1) the rights and freedoms of man and citizen are proclaimed and actually ensured;

2) decisions are made by the majority, taking into account the interests of the minority;

3) the existence of a rule of law state and civil society is assumed;

4) election and turnover of central and local authorities state authorities, their accountability to voters;

5) strong structure(armed forces, police);

6) methods of persuasion and compromise dominate;

7) political pluralism (any capable citizen can organize or be a member of any political party), including multi-party system, competition of political parties, existence on legally political opposition.

8) publicity, the media are free from censorship;

9) real implementation of the principle of separation of powers into the legislative (making laws), executive (implementing passed laws), judicial (resolving disputes, etc.).

Vary direct (immediate) and representative form of democracy.

Direct democracy allows the people themselves to exercise power without political intermediaries, which is implemented through the institutions of democracy: referendums, meetings of citizens, elections, rallies, demonstrations. Elections and referendums are regulated regulations , are mandatory and do not require the sanction of state structures; the remaining institutions of democracy are advisory in nature. However, regardless legal nature

of various institutions of direct form of democracy, their influence on the mechanism for making political decisions is difficult to overestimate, since the will of the people is expressed in them. TO positive aspects direct democracy can be attributed to the fact that it provides more opportunities for the expression of the interests of citizens and their participation in political process

, ensures the legitimization of power and control over the political elite. Disadvantages of direct democracy is the lack of a strong desire among the majority of the population to engage in this management activities

, low efficiency of decisions made due to the lack of professionalism of the majority. Representative democracy allows the exercise of power by representatives of the people - deputies, who are called upon to express the interests of various classes, social groups

, layers, watered. parties and public organizations. Strength representative democracy is that it gives more opportunities for adoption, since this process involves professionals and competent persons.

To the disadvantages Representative democracy includes: the possibility of unlimited development of bureaucracy and corruption, separation of government officials from voters, decision-making in the interests of not the majority of citizens.

Anti-democratic regimes are totalitarian and authoritarian.

Totalitarian The regime emerged in the twentieth century as a reaction of some states to the need for economic growth in a hostile environment. This regime is characterized by the dominance of one ideology, the presence of a leader, a developed punitive system, aggressive policies, and state control over all areas of power.

Signs of a totalitarian political regime:

1) the state strives for global dominance over all spheres of public life;

2) society is alienated from political power, but it does not realize this, because in the political consciousness the idea of ​​the unity of power and the people is formed;

3) monopoly state control over the economy, media, culture, religion, even personal life;

4) state power is formed in a bureaucratic way, through channels closed from society, surrounded by secrecy, and inaccessible to control by the people;

5) the dominant method of management becomes violence, coercion, terror;

6) the dominance of one party, the actual merging of its professional apparatus with the state, the ban on opposition-minded forces, the rights and freedoms of a citizen are of a declarative formal nature, there are no guarantees for their implementation;

7) pluralism and centralization are eliminated state power led by a dictator and his entourage.

A special type of totalitarian regime is the fascist regime, that is, radical totalitarianism. First arose in Italy (they sought to revive the Roman Empire 1922) and Germany (1933 the dominance of the Aryan race, the highest German nation). This regime is characterized by the cult of the leader, militant anti-democracy, racism and chauvinism.

Authoritarian regime is seen as a compromise between totalitarian and democratic political regimes. On the one hand, an authoritarian regime is softer than totalitarianism, on the other hand, it is harsher than a democratic one.

Authoritarian regime- this is the state-political structure of society in which political power carried out specific person(class, party, elite group) with minimal participation of the people.

1) in the center and locally there is a concentration of power in the hands of one or several interrelated bodies while simultaneously alienating the people from the real levers of state power;

2) the principle of separation of powers (legislative, executive, judicial) is ignored; often the president and executive administrative bodies subordinate all other bodies to themselves;

3) the role of representative government bodies is limited, although they may exist;

4) the court acts as an auxiliary body;

5) the scope of the principles of election of state authorities and officials has been narrowed;

6) limited censorship and semi-publicity remain;

7) there is partial pluralism;

8) the rights and freedoms of citizens are proclaimed, but are not actually fully ensured;

9) power structures are not under the control of society and are used for political purposes.

A despotic regime is arbitrary, unlimited power based on arbitrariness.

Characteristic of the countries of the Ancient East.

Tyrannical regime - based on one-man rule, usurpation of power by the tyrant and cruel methods of its implementation. Installed by force.

    A military regime is based on the power of a military elite, usually established as a result of a military coup against civilian rule. The concept and structure of the state regulation system. Kinds

social norms

Social regulation. Concept, functions and types of social norms In the very social regulation is understood as a process immanent to society and determining social order. A specific social order is established as a result of the action of many different factors. Among them are the following. 1. The so-called “spontaneous” regulators as a direct manifestation of the natural laws of nature and society. Factors of spontaneous regulation are natural in nature and can be expressed in the form of specific events of a general social scale, economic phenomena, phenomena of mass behavior, etc. These are, for example, an increase in people's life expectancy, mass seasonal diseases, demographic processes, population migration, inflationary expectations and etc. In their quest for order, society and the state strive to take control of these factors, but this is not always possible. Sometimes their influence is not reflected at all by public consciousness or is reflected inadequately. 2. Social norms as regulators associated with the will and consciousness of people. 3. Acts of individual regulation, acting in the form of targeted, targeted influence of subjects on each other. These factors can play both a stabilizing and destabilizing role in society. True, in legal literature it is generally accepted that stabilization and ordering of social relations are ensured by the action of social norms and acts of individual regulation, and the action of spontaneous regulators acts as a factor of destabilizing influence. However, if we take the criterion of sustainable functioning of society as the basis for assessment, then all regulatory factors can have both positive and negative influence. At the same time, the functional characteristics of stabilization and ordering of social relations should be attributed primarily to social norms. To understand the nature of the norms, foundations and rules of social regulation operating in society, it is necessary to distinguish between two meanings of the term “norm”. Firstly, a norm is a natural state of some object (process, relationship, system, etc.), constituted by its nature - natural norm . Secondly, a norm is a guiding principle, a rule of behavior associated with the consciousness and will of people, arising in the process of cultural development and social organization of society - a social norm. The norms that actually operate in people’s lives cannot be unambiguously classified as natural or social. Thus, natural norms can be translated into a system of technical rules (rules for working with technical or natural objects), become the basis for social regulation (for example, establishing the period for recognition of paternity after the death of a spouse), and social norms can form the character of the object, its qualitative state. Thus, depending on the relationship between natural normativity and social normativity, we can distinguish at least four groups of normative regulators operating in society. 1. Natural norms, existing in the form of formulated knowledge about the normal, natural state of an object, determined by its nature. Such norms are formed, for example, by science. 2. Rules for working with technical and natural objects developed on the basis of knowledge of natural norms. Such rules are usually called technical norms. 3. Rules of behavior based on natural norms or emerging in connection with their action. This includes most social norms. 4. Rules of conduct, the content of which is determined not so much by natural normativity as by the goals and objectives facing society, or the needs of its specific sphere. These are some legal procedural norms, rituals, etc. When discussing the role of law in the system of social regulatory regulation, the norms of the third and fourth groups are important; in the literature they are usually classified as social norms. They not only exist and act in society, but regulate social relations, people’s behavior, and normalize the life of society. Social norms have the following characteristics. 1. They are general rules. The above means that social norms establish the rules of behavior in society, that is, they determine what the behavior of subjects can or should be from the point of view of the interests of society. At the same time, social norms operate continuously over time, have multiple effects and are addressed to an indefinite circle of people (they do not have a specific addressee). 2. These norms arise in connection with the volitional, conscious activity of people. Some social norms are created in the process of targeted activity, others arise in repeatedly repeated acts of behavior, are not separated from the behavior itself and act as its samples and stereotypes, others are formed in the form of principles that are fixed in the public consciousness, etc. In other words, the analyzed norms relate differently to the will and consciousness of people, but they always arise in connection with them. 3. These norms regulate the forms of social interaction between people, i.e., they are aimed at regulating social relations and behavior in society. 4. They arise in the process historical development(as its factor and result) and the functioning of society. Social norms, being an element of society, reflect the processes of its development, influence their pace and character, in a word, they have their place in the history of society, their historical destiny. In addition, they stabilize society, which means they are included in the processes of its functioning, and are both a generation and a regulator of these processes. 5. These norms correspond to the type of culture and the nature of the social organization of society. According to M. Weber, it is culture that allows people to give meaning to the world, to create a basis for judging the interaction of people. Culture is expressed primarily in the content of social norms. From this point of view, it is not difficult to notice differences in social norms in societies belonging to different cultural traditions, such as European and Asian. We can say that the representation of cultural differences in norms is no less clear than in religious and philosophical teachings, value systems, etc. However, there are differences in the social norming of the life of societies belonging to the same cultural tradition, although not so fundamental, associated with individual the historical fate of a particular people. The nature of the organization of society largely influences the significance of one or another type of norms in society, the connections of norms in the social normative system. Thus, in non-state-organized societies, customs and traditions dominate, and in states, morality and law dominate. Thus, social norms are associated with the will and consciousness of people general rules regulation of the forms of their social interaction that arise in the process of historical development and functioning of society, corresponding to the type of culture and the nature of its organization. From the above definition it is clear that in the legal literature social norms are mainly considered as regulators of social relations. But more generally, their role is not limited to this function. Based on the above, we can name at least three functions of social norms. Regulatory. These norms establish the rules of behavior in society and regulate social interaction. By regulating the life of society, they ensure the stability of its functioning, the maintenance of social processes in the required state, and the orderliness of social relations. In a word, social norms support a certain systematicity of society, the conditions for its existence as a single organism. Estimated. Social norms act in social practice as criteria for attitudes towards certain actions, the basis for assessing the socially significant behavior of specific subjects (moral - immoral, legal - illegal). Broadcasting. We can say that social norms concentrate the achievements of humanity in the organization public life, a culture of relationships created by generations, experience (including negative) of the social structure. In the form of social norms, this experience and culture are not only preserved, but also “broadcast” into the future, passed on to subsequent generations (through education, upbringing, enlightenment, etc.). The analyzed norms have different contents, depending on the nature of the relations they regulate. Moreover, different social norms may emerge in different ways and on different basis. Some norms, being initially directly included in activity, are not isolated from behavior and are its element. Established in practice - samples Such behavior, receiving public awareness and evaluation, can be transformed into formulated rules, or can be preserved in the form of habits and stereotypes. Other norms are formed on the basis of ideas about the foundations and principles of social organization that dominate in the public consciousness. Still others are formed as the most appropriate, optimal rules for a given society (for example, procedural norms). In this regard, the classification of social norms is important for both theory and practice. Social norms can be classified according to various criteria, but the most common is their systematization based on the scope of action and mechanism (regulatory features). By sphere of action, norms are distinguished between economic, political, religious, environmental, etc. The boundaries between them are drawn depending on the sphere of social life in which they operate, on the nature of social relations, i.e., the subject of regulation. According to the mechanism (regulatory features), it is customary to distinguish morality, law, customs and corporate norms. When talking about the mechanism, the regulatory specifics of norms, the following main comparison criteria are used: the process of forming norms; forms of fixation (existence); the nature of the regulatory impact; ways and methods of provision. With this approach, the specificity of the norms appears quite clearly. This is achieved by the systematic use of criteria: some norms may not differ clearly enough according to one or two criteria, but are always clearly distinguished by the sum of all four characteristics.

Confederation is a temporary legal union of sovereign states created to ensure their common interests.

At confederal structure of the state - members of the confederation retain their sovereign rights, both in internal and external affairs.

Unlike federal structure The confederation is characterized by the following features:

  • - the confederation does not have its own common legislative, executive and judicial bodies, unlike the federation;
  • - the confederal structure does not have a single army, a single tax system, or a single state budget;
  • - retains the citizenship of those states that are in a temporary union;
  • - states can agree on a single monetary system, about the united customs regulations, on interstate credit policy during the existence of the union.

As a rule, confederal states do not last long, either they disintegrate or turn into a federation: the German Confederation (1815-1867), the Swiss Confederation (1815-1848) and the USA, when the confederation was legislatively approved in 1781.

Confederate form of government.

Confederation - a form of government in which the states forming a confederation fully retain their independence, have their own bodies of state power and administration, they create special joint bodies to coordinate actions in certain purposes(military, foreign policy).

As a form of union of states that retain full sovereignty, it currently does not exist anywhere. On different stages In history, confederations were formed, but after a short existence they disintegrated, or acquired a federal form of government. In fact, combining the features of both international legal and government organization, under the influence of one reason or another, she loses the balance necessary for its preservation. Ethnic and economic factors are of decisive importance. It is characteristic that federal form devices were transferred only to confederations with a mononational composition (USA, Germany), and confederations with a multinational composition (Austria-Hungary, Norway and Sweden, Senegambia and a number of others) disintegrated. Great value and economic factors. In fact, only they can bring down the wave of centrifugal tendencies and integrate the confederation into a single whole.

The two most famous confederations are North American and Swiss. Europe is currently striving for confederation (but only in economic issue) USA: Since independence, the American states have formed a de facto confederal state in which almost all power is retained by the individual states. The confederal form of the structure was preserved by the first national constitution - the Articles of Confederation. The Articles of Confederation provided for a body representative power- Congress of the Confederation. This refers to belonging to a single American nation, not ethnic origin; the presence of a single language accepted in public life.

The following powers were delegated to Congress: the right to declare war, conclude treaties and enter into alliances, form an army, mint coins, make loans, etc. The most important powers were exercised with the consent of 9 of the 13 states. From each state, from 2 to 7 delegates were elected to the Congress of Confederations (which constituted 1 vote). The Articles of Confederation did not provide for the establishment of an executive and judiciary. The confederation also did not have the right to collect taxes (Contributions for its needs were determined on the basis of valuation and the degree of reclamation equipment of state lands). Recruitment into the army was carried out by individual states according to quotas “commensurate with the number of the white population.” The defective nature of the confederal form of structure became apparent already during the War of Independence. Congress could not maintain an army due to the states' refusal to pay dues. Deep economic crisis, collapse of the financial system and social upheaval- this was the background against which the US Constitution of 1787 was drafted, establishing federal form state structure.

Switzerland: The fate of the Swiss Confederation was similar. Formed on the basis of a union treaty, according to which the cantons of Switzerland retained their independence, as well as all rights not delegated to the union. The cantons had their own coin, citizenship, concluded trade agreements With foreign countries, determined the forms of internal management. Residents of one canton did not have the right to settle in another canton unless there were agreements between the cantonal authorities on this matter. The allied authorities were given mainly political and military issues. The Swiss Parliament - the Diet - was not designed as a body of representation, but as an assembly of representatives from the cantonal governments. The Sejm delegates obeyed only the instructions given to them and made only preliminary decisions. The government of the union - the Executive Council - was deprived of power and an independent financial base. All these issues were decided by the cantons. Since 1829 In the context of a deepening economic crisis in Switzerland, a movement began to form a new union of power. The result was the establishment of a union state that actually became federal.

The experience of the history of North American, Swiss and other confederations made it possible to highlight following signs, characteristic of this form of government:

  • 1) Treaty form of formation of the confederation. Most of confederations was formed on the basis of relevant treaties.
  • 2) Freedom to leave the confederation (secession). Unlike a federation, where an attempt at secession was considered a rebellion, leaving the confederation means terminating the contractual relationship with the union.
  • 3) The Confederation does not have sovereignty, sovereignty belongs to the states that are part of it. That is, no decisions of the union power have force on the territory of a state that is part of the confederation without their consent.
  • 4) The subjects of the confederation are limited to a list of a small and generally insignificant range of issues. These are issues of war and peace, foreign policy, the formation of a unified army, a common communications system, and the resolution of disputes between the subjects of confederations.
  • 5) Not all state bodies are formed in the confederation, but only those that are necessary to carry out the tasks allocated by treaty acts.
  • 6) In the representative bodies of the confederation, delegates do not represent the territorial parts or population of one state, but the sovereignty of the state.
  • 7) The permanent state bodies of the confederation do not have power. Acts of confederal power do not contain rules of direct action and are addressed to the authorities of the constituent entities of the confederation.
  • 8) Subjects of the confederation have the right to nullify, that is, refuse recognition or refuse to apply acts of the union power.
  • 9) The budget of the confederation is formed from voluntary contributions from the constituent entities of the confederation. The confederation does not have the right of direct taxation.
  • 10) Subjects of the confederation have the right to establish customs and other restrictions that impede the movement of persons, goods, services and capital.
  • 11) As a rule, confederations do not have a unified monetary circulation system
  • 12) Military formations staffed by the subjects of the confederation, and their double subordination to the state bodies of the confederation and its subjects was often preserved.

There is no union citizenship in the confederation.

In conclusion, it should also be emphasized that confederations do not have a unified economic, political and legal system.

The confederal form of government can serve as the basis for the formation of sovereign unitary or federal states.

a union of states that maintain their independence and unite only to coordinate actions for certain purposes, mainly foreign policy and military (for example, the United States in late XVIII V. (1781 - 1789), Confederate States America (1861-1865), Swiss Union (1291-1798 and 1815-1848).

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CONFEDERATION

lat. confoederatio - union, association) - a form of unification of states in which they retain their international legal personality(see Legal capacity, Legal capacity). As a rule, K. provides more high degree integration in economic, social, political, military and other spheres than under normal international cooperation. K. combines the features of both international legal and state organizations. Currently there is only one C.-EU in the world. IN different time K. were: Austria-Hungary until 1918, Sweden and Norway until 1905, the USA from 1781 to 1789, Switzerland from 1815 to 1848, Egypt and Syria from 1958 to 1961, Gambia and Senegal from 1982 to 1988 K. is a transitional form either to the complete collapse of the union or to a federation. Legal basis K. serves as a contract. K. is an international legal association, union: a new state does not arise under K. It does not have a single territory: it is the totality of the territories of the states included in China. K. has no citizenship, although norms may be established to ensure the unity of individual status. She does not have unified bodies state power, although coordinating bodies are being created to conduct general affairs. Solutions coordinating body K. are implemented by decisions of government bodies member states K.. for which they, first of all, are ratified or otherwise recognized by the members of the K., and the latter have the opportunity not to recognize such decisions as binding for themselves (the principle of nullification - non-recognition of actions). By agreement of states, a single army can be created from the combined military contingents of individual states, but, nevertheless, they retain their armed forces. In K., each member has his own taxes and financial system, and the K.’s sources of funds are contributions from its members. A process of unification of currency systems is possible.

The features of K. are as follows: 1. The legal basis for the formation of K. is an international legal treaty. This is one of the main differences between Kazakhstan and a federal state. 2. A confederation is a temporary interstate entity that disintegrates after achieving the goals for which it was established. Thus, the confederal union created in 1958 by Egypt and Syria to resolve the Arab-Israeli conflict - the United Arab Republic - collapsed in 1961 (i.e., when the need for such a union ceased). The general pattern for all countries without exception is this: the country either disintegrates (most often these are multinational countries - Austria-Hungary, Sweden and Norway), or develops into a federal state (as a rule, these are mononational confederations - the USA, Switzerland, Germany ). 3. The member states of the country retain their sovereignty in full, and therefore the subjects of the country, unlike the subjects of a federal state, have the right of secession; they have the right to nullify, or refuse recognition, as well as the right to apply acts of the Union government; they have the right to establish customs and other restrictions that impede the movement of persons, goods, services and capital. 4. Supranational government bodies are being created in Kazakhstan. However, only those bodies are formed that are necessary to carry out the tasks specifically outlined in the treaty acts. None judiciary, limited circle executive bodies authorities. The Kazakh parliament is being formed representative bodies member states. Created on permanent basis government bodies of Kazakhstan are deprived of power. Acts of confederal power have significant specificity: they do not contain rules of direct action and are addressed not to citizens, but to the authorities of the member states of the Republic of Kazakhstan; the mechanism for ensuring such norms is similar to the mechanism for the operation of international legal norms.

Currently there is no K. in the world. At the same time, confederal elements are present in a number of unions, for example the European Union, the British Commonwealth, and the CIS. To a certain extent, the European Union, Benelux, Asean, and the Caribbean Community can be classified as countries.

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