Which states are federal. Which states are federal. The main features of a federated structure
State as a system political power organizing and subordinating to itself large groups people and territory, experienced various forms of the device.
The territorial extent of the state, the nationalities and peoples living in it, the diversity of their cultures and traditions, as well as the desire of the authorities to take into account the interests of various groups of the population - all this led to the emergence of a federation.
Federation is a form state structure, which is a union of separate state units (subjects of the federation) into an integral structure. Moreover, each of its constituent state entities simultaneously has some political independence from the center and is subject to uniform federal norms.
The opposite of federation is unitary state... It means a state that is divided into administrative-territorial parts that do not have political and legal independence.
Federation should not be confused with. It, unlike the first, unites entire independent states.
Federation signs
Most federal states are characterized by the following features:
Two kinds supreme power: federal (central) and regional (local).
Legal independence of federal units. With the obligatory subordination of the general Constitution, the subjects of the federation can create their own legislative bases (local constitutions, statutes), have their own regional symbols of power: coat of arms, anthem, flag, - the capital, etc. However, they do not have state sovereignty.
Territorial division into parts: regions, counties, states, republics, emirates, etc.
Consolidation of the representative function for the federal government. She conducts foreign policy activities, represents the country on the world stage.
The subjects of the federation cannot participate in international relations while being part of the federation.
Federation types
The classification of federations is diverse and has several branches. So, depending on the constitutional and legal status of the subjects, the federation can be:
- symmetrical;
- asymmetric.
In the first case, the subjects of the federation are equal in status, in the second they are not. For example, the United States of America is endowed with the same rights, and the regions of the Russian Federation, which includes both subjects without national status, and national republics and autonomous regions, have varying degrees of political rights and freedoms.
In accordance with the principles of territorial formation, federations are divided into:
- territorial (the subjects of the federation are united on a geographic basis);
- national (association on a national basis);
- mixed (combination of signs).
According to the method of formation, the following are distinguished among federations:
- contractual (arising through the conclusion of an agreement between states);
- constitutional (in most cases, transformed from unitary states on the basis of the constitution).
According to the degree of centralization, federations are:
- centralized (providing for the subordination of the subjects of the federation to the central government);
- decentralized (in which the center gives the subjects a significant amount of power).
Modern federations
Currently, a fairly large number of states are formed on a federal basis, among them:
- Federal Republic of Germany;
- Kingdom of Belgium;
- Islamic Republic;
- Malaysia;
- United Arab Emirates;
- Republic of India;
- Sudan;
- Republic of Ethiopia;
- Canada;
- United Mexican States;
- Australian Union, etc.
A federation is a voluntary union of several previously independent state entities into one union state.
A federal state (from the late Latin foederatio - "union, association") is a form of state or national-territorial structure in which the members of the federation - states, states, cantons, provinces, republics, emirates, etc. - have their own subjects of jurisdiction , including legislative competence, as well as legislative, executive and judiciary... The constituent parts of the federation are called subjects of the federation and have their own administrative-territorial structure, their own constitutions (states in the USA, lands in the Federal Republic of Germany, republics in the Russian Federation) or basic laws that are not called constitutions (for example, statutes of regions, territories and autonomies in the Russian Federation) ... Such acts establish the organ system state power subjects of the Federation, their powers, etc. The federal constitution and federal laws, as well as general federal bylaws, federal government bodies, and federal courts are in force throughout the Federation. Unlike autonomous entities, the subjects of the Federation adopt their own constitutions.
The federal state structure is not homogeneous. In different countries, it has its own unique features, which are determined by the historical conditions of the formation of a particular federation and, first of all, by the national composition of the country's population, the originality of the way of life and culture of the peoples that are part of the union state.
Federated states have emerged in different ways. Some of them were formed on the basis of the union previously independent states that became members (subjects) of the federation (the United States in 1787 as a result of the unification of the states, Tanzania as a result of the unification of Tanganyika and Zanzibar in 1964, the United Arab Emirates in 1971). The USSR was formed in the same way on December 31, 1922. Elements of the unification process took place in Malaysia. Many federations were, however, created when constitutions or special laws were adopted (India, Pakistan, etc.), while others combined one way or another (Russia).
There are a number of signs by which a federation can be distinguished from other forms of government:
· There are two levels of the state apparatus: federal, union and republican (state, canton, land). At the highest level, the federal character of the state is expressed in the creation of a bicameral union parliament, one of the chambers of which reflects the interests of the subjects of the federation (upper). In its formation, the principle of equal representation is used, regardless of the size of the population. Another chamber is formed to express the interests of the entire population of the state, all of its regions. A federation may also have a state apparatus at the local level;
· The presence of dual citizenship. Every citizen is considered a citizen of the federation and a citizen of the corresponding state entity, and this is enshrined in the constitutions of the states;
· A legal system based on the principle of centralization and unity is functioning. But the subjects of the federation can also create their own legal system. Most often, although not always, they are given the right to adopt their own constitution, but at the same time the principle of subordination (hierarchy of laws) is established, where the federal constitution and federal laws are in the top position;
· The highest legislative, executive and judicial power belongs to the general federal bodies - the federal president, government, parliament, courts;
· The subject of the federation has the right to have its own judicial system. The Constitution defines the order of organization, procedures and the subject of activity of judicial and other law enforcement agencies, establishing a module for building a judicial system in the subjects of the federation;
· A two-channel system of taxes is used: federal and taxes of the subject of the federation. As a rule, the collected taxes go to the general treasury, and then they are distributed among the subjects;
· The presence of a unified armed forces, police, security services, customs, subordinate to the central office.
The main issue of any federation is the delimitation of competence between the union and the subjects of the federation. The practice of federal states shows that the issue of the powers of the federation and local authorities is resolved on the basis of three principles:
The principle of the exclusive competence of the federation, i.e. determination of the subjects of reference.
The principle of shared competence, i.e. the establishment of the same list of subjects of jurisdiction, both of the federation and of the subjects.
The three-spheres principle presupposes the establishment of federal powers.
In modern legal theory, it is customary to distinguish several types of federal states: based on a national-territorial basis, and other (territorial and national) federations; federations are symmetrical and asymmetrical; contractual and constitutive (constitutional).
Territorial federation.
The territorial federation is based on the principle of dividing the country on a territorial basis. This is done for the convenience of management, as a rule, in very large states (USA, Mexico, Brazil). Also, federations are divided according to territoriality, because the number of their subjects does not correspond to the number of national groups. "There are no compactly living nationalities in the United States, but there are 50 states, in Switzerland there are four language groups (French, German, Italian, Romansh languages are used) and more than 20 cantons, Germans live in Germany (there is a compactly living Slavic minority - Serbs), but created 16 lands (subjects of the federation) ". Latin American federations (Argentina, Brazil, Mexico, Venezuela), Australia, many federations in new states that emerged on the site of former colonies (Indonesia, Libya, Kenya, the federation of Egypt and Syria, etc.) were built on the territorial principle. Basically, the territorial principle underlies the federation in Malaysia, Pakistan.
National Federation.
In national federations, subjects are created on the basis of the division of the residing population by nationality. The thesis of the creation of federations only on ethnic grounds was an unconditional requirement of the Marxist-Leninist theory of state issues. Thus, federations were built in the USSR and the RSFSR, in Yugoslavia (the Union of Serbia and Montenegro), this approach was used in 1968 in Czechoslovakia. The federation in the countries of totalitarian socialism was viewed only as a means of solving the national question, uniting the disintegrated multinational country, overcoming national contradictions and establishing their cooperation. National federations are the most complex formations. They have all the features of a federation, but besides them, there are many features. This kind of federation has a number of features:
1) The subjects of such a federation are national states and national-state formations, which differ from each other in the national composition of the population, culture, way of life, traditions and customs, religion and beliefs.
2) This kind of federation is based on the principle of voluntary unification of its constituent entities.
3) Higher government bodies national federations are formed from representatives of the subjects of the federation, that is, the central government is created to solve the problems of each nation and nationality living on the territory of the federation.
4) The National Federation ensures the state sovereignty of large and small nations, in other words, their freedom and independent development.
5) In a national federation, a feature is the legal status of its subjects. In such federations, the fundamental principle is "the right of nations to self-determination." That is, the right of a national entity at its discretion to withdraw from the federation if it no longer wants to be in an alliance with other subjects of the federation. Moreover, the consent of the subjects of the federation for this, as a rule, is not required.
Among other things, the so-called mixed federations can be found on the modern political map of the world. They are a special kind of federation - national-territorial federations , the formation of the subjects of which is based on both national and territorial principles. Examples of national-territorial federations are: the Russian Federation (32 constituent entities that were created on the basis of a nationality residing in it, including one that does not have a majority in the constituent entity, 57 constituent entities are territorial entities where mainly the Russian population lives); Federal Republic of Germany (consists of 16 territorial subjects of lands, the population of which in the past was related to German peoples). This principle of state organization undoubtedly justifies itself in federations with vast territories and a heterogeneous population.
Symmetrical federation
Ideally, for a legally symmetrical federation, all of its constituent parts are the same and equal. Such a federation consists only of the subjects of the federation having the same legal status. Only the subjects are parts of the federation in Germany (lands), in the UAE (emirates), Argentina (provinces), Russia (different names of subjects are used). However, there are no absolutely symmetrical federations, since there are some elements of differences between the subjects. In Germany, the lands have an unequal number of votes in the upper house of parliament - the Bundesrat (from three to six votes regardless of the number of representatives of the land), in the unicameral deliberative National Assembly of the UAE, the emirates have from 8 to 4 representatives, in Russia some subjects have their own constitutions and are called in the federal Constitution by states, others are not, etc. On the this moment only in Austria, Mexico, Brazil and Argentina the structure of federations in terms of the legal status of its constituent parts is close to the ideal of a symmetrical federation.
Asymmetric Federation
An asymmetric federation consists of various parts that are not the same in their legal status (subjects and non-subjects), and the status of subjects, in turn, may not be the same. In the United States, in addition to the states (subjects), there are small territories (possessions) - the Virgin Islands, Eastern Samoa, the District of Columbia, Puerto Rico, which do not enjoy the rights of the states (their population, in particular, does not participate in the elections of the US parliament). India has six "union territories" whose status is lower than that of the states: the states have local parliaments, governments, and the territories are administered by federal authorities. A similar situation exists in Australia and some other states.
As already noted, the status of the subjects themselves may not be the same. "In India, some states (the state of Jammu and Kashmir) have broader rights than other states (for the first state, many exceptions were made to the constitution, the laws of parliament related to Sikkim require agreement with it), the rights of small states (Methalaya, Nagaland ) are truncated, although with the permission of the governor, federal legislation may not apply on some issues governed by tribal customs. " In Malaysia, the heads of four of the 13 states do not participate in the election of the head of state. In Russia, as noted, there are only subjects in the federation. Although the Constitution says that they are all equal, under the same Constitution their legal status is not exactly the same. Republics are considered states, have their own constitution, can have their own citizenship and official language... The other five types of subjects (oblasts, territories, federal cities, autonomous oblasts and autonomous okrugs) do not have such rights.
Non-traditional federations
Along with the aforementioned federations, there are also treaty, constituent and constitutive federations. Treaty federations are created as a result of the free association of a number of states and state formations enshrined in the treaty (USA, USSR). Constituent federations arise as a result of the transformation of unitary states and treaty federations, they themselves create their own subjects, endowing them with a part of sovereignty (Russian Federation). Constitutive or constitutional federations are created "from above" through the adoption of a constitution (reforming the federation in Pakistan in 1973), amendments to it (in Belgium in 1993) or a law of parliament (reforming the federation in India in 1956).
At the same time, one can single out the most general features that are characteristic of most federal states:
1) The territory of the federation consists of the territories of its individual subjects: states, cants, lands, republics, etc.
2) In a union state, the supreme executive, legislative and judicial power belongs to the federal state bodies.
3) The subjects of the federation have the right to adopt their own constitution, have their own supreme executive, legislative and judicial bodies.
4) In most of the federation, there is federal citizenship and citizenship of federal units.
5) Under the federal state structure, the parliament has a chamber that represents the interests of the members of the federation.
6) The main national foreign policy activities in the federations are carried out by the federal federal bodies. They officially represent the federation in interstate relations (USA, Brazil, India, Germany, etc.).
Any federal system can be effective only when its activities are carried out within the strict framework of the constitution and current legislation, when the spheres of activity and competence of central and local state bodies are clearly delineated, when the rights and freedoms of citizens are strictly observed. It is also important to proceed from the fact that federalism is not a one-dimensional, but a multidimensional phenomenon, that it has not only a static but also a dynamic character. When it comes about the multidimensionality of federalism, meaning the existence of different, more or less equally significant sides or aspects of it: historical, political, cultural, ideological, etc. Federalism, regardless of the country in which it is established - in the United States, Germany, Russia, Canada - does not exist on its own and not for itself as an end in itself, but acquires meaning only in serving society, an individual.
Federalism has at least five main goals. Among them:
· Reconciliation of unity and diversity;
· Protection from tyranny of the central government;
· Creation of conditions for the participation of the population in political processes at several levels of government;
· Creating conditions for increasing production efficiency through regional competition and acting as a form or path to stimulate innovative ideas in regional governments.
The main goal is to provide comprehensive support for the process of free development of various nationalities and nationalities, the principle of pluralism and democracy, guarantee of the rights and freedoms of citizens.
Thus, in a federal state there are supreme bodies of state power and administration, both for the state as a whole and for its subjects. The type of state and the correlation of class forces exert the most serious influence on the federal forms of organization of power.
Federations are countries that are divided into separate administrative-territorial units, each of which has legal and political independence, chooses its own head, but at the same time obeys a single center.
The main features of a federated structure
- The territory of the state is divided into separate independent administrative units. They are called differently: states, cantons, republics.
- The supreme power belongs exclusively to the center. The relationship between the subordinate territories is established by the constitution.
- The administrative structure is structured in such a way that, despite the fact that there are state bodies of judicial, legislative and executive power, power is structured in the same way in every republic. The state can adopt its own constitution.
- The federal countries of Foreign Europe have a bicameral parliament structure. The first chamber represents national interests and the population elects its deputies from all over the country. And the second one consists of representatives of the republics. The task of the deputies of the lower chamber is to protect the interests of the territories they represent.
Countries of Foreign Europe with federal administrative territorial division
In total, there are five countries in Europe with such a state form. Consider a list of them:
- Germany;
- Austria;
- Belgium;
- Switzerland;
- Spain.
State structure of Germany
Germany is a classic example of a federation. The lands that make up the composition are not just provinces, but separate small states with their own constitution, strictly observing the principles of democracy. In the states of Germany there are elected bodies - the Landtags, which represent the power.
Fig. 1. Administrative division of Germany
According to the law, the head of state is the federal president. Its main function is to elect and present the prime minister to parliament. He is called the chancellor. It is in the hands of the Chancellor that all power in Germany is concentrated. He represents the interests of the country at the international level, governs the lower and upper chambers. Thus, although the president is a top official, the prime minister controls the country. For 12 years, the position of the Federal Chancellor of Germany has been held by a woman - Angela Merkel.
State structure of Austria
Austria is a democratic federal republic. This means that the main power belongs to the people of Austria, who elect the president and parliament. Geographically, Austria is divided into 9 districts. It became a federation in 1955, although the constitution was adopted much earlier in 1920 and since then there have been no significant changes in it. The head is the president.
State structure of Belgium
Belgium is a federal republic, but its system is very interesting. It is a constitutional parliamentary monarchy. This means that along with the elected bodies (parliament), the country is ruled by the heir to the dynasty. A monarch is a ruler whose power is very limited. The country is divided into 10 provinces. 
Fig. 2. Administrative divisions of Belgium
The people love their monarch very much and call him “King of the Belgians”. Since 2013, the throne has been occupied by Philip Leopold Louis Maria. His main powers include the appointment of the prime minister (the actual head of state), the appointment of 14 ministers. Seven of them must be fluent French, the rest - in Dutch.
State structure of Switzerland
Switzerland is very small, but very strong country... Its territory has been indestructible since the end of the 17th century. In addition, it is the only state in Europe that was not touched during the First and Second World Wars. There are now 20 cantons in Switzerland - the so-called administrative units. All issues related to the improvement and life of people are resolved locally. Federal bodies are responsible for global problems: war and peace, the country's financial budget, transport links. 
Fig. 3. Switzerland political map
State structure of Spain
Spain has a unique history. After the death of dictator Franco in 1975, power returned to the hereditary monarch, who announced the beginning of a democratic foundation. The form of government has survived: a constitutional monarchy. Most of the powers are concentrated in the hands of parliament, but the king remains the head of state and represents Spain internationally.
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The countries of Foreign Europe with a federal structure are Germany, Austria, Belgium, Switzerland and Spain. Belgium and Spain have their own monarch, who decides on the appointment of the head of government. In Germany, all power is concentrated in the hands of the Federal Chancellor. Austria and Switzerland are governed by a president.
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The main features of a federal state
In a federal state, in contrast to a unitary one, there are two systems of supreme authorities (federal and subjects of the federation); along with the federal constitution, the subjects of the federation have the right to adopt their own normative legal acts of a constituent nature (for example, constitutions, statutes, basic laws); they are empowered to make regional laws; the subjects of the federation, as a rule, have their own citizenship, capital, coat of arms and other elements of the constitutional and legal status of the state, with the exception of state sovereignty.
At the same time, the subject of the federation does not have the right to secede from the federation (secession) and, as a rule, cannot be the subject of international relations. The subjects of the federation can have different names, which, as a rule, are determined by historical or legal factors: states, provinces, republics, states or federal states (as in Germany and Austria) and others. A federation should be distinguished from a confederation, which is an international legal union of sovereign states. However, in practice, it is very difficult to distinguish the legal nature of certain formations. For example, in science there is still no unified approach to what the European Union is.
The most common features that are characteristic of most federal states can be identified:
- The territory of the federation consists of the territories of its individual subjects: states, cantons, republics.
- In the union state, the supreme legislative, executive and judicial power belongs to the federal state bodies. The competence between the federation and its subjects is delimited by the federal constitution.
- The subjects of the federation have the right to adopt their own constitution, have their own supreme legislative, executive and judicial bodies.
- Most federations have uniform federal and federal citizenship.
- The main national foreign policy activities in the federations are carried out by union state bodies. They officially represent the federation in interstate relations (USA, Germany, Brazil, India, etc.).
- A mandatory feature of the federal form is the bicameral structure of the union parliament. One chamber is considered as a body of all-union representation, deputies to it are elected from all over the country. The second chamber is intended to represent the interests of the members of the federation.
Imitation of federalism
In theory, a situation is possible when a colonial empire can "disguise" itself as a federation by transferring some administrative functions and symbols of independence to the forcibly annexed provinces and declaring them constituent parts of a federation.
Types of federations
According to the peculiarities of the constitutional and legal status of the subjects of the federal state, symmetric and asymmetric federations are distinguished. In the first, the subjects have the same constitutional and legal status (for example, the Federal Democratic Republic of Ethiopia, the United States of America), and secondly, the constitutional and legal status of the subjects is different (for example, the Republic of India, the Federal Republic of Brazil). The question of which of the types the Russian Federation belongs to is controversial in science. In any case, it is noted that absolutely symmetrical federations do not exist today: they all have some signs of asymmetry.
Federations are built on territorial and ethnic grounds, which largely determine the nature, content, and structure of the state structure.
"Soft Federation"
"Soft federation" - a federation, the subjects of which have the right of secession. It is assumed that in the future the now confederal Union of Russia and Belarus will become such. The subjects of federations can themselves be federations (there are such subjects in federal Bosnia and Herzegovina, and also were in the USSR). Formally, the "soft federation" was the Union of Soviet Socialist Republics. Subjects of such federal states as Canada and Saint Kitts and Nevis have the right to withdraw from the federation. Before the collapse of the USSR, it was assumed that the "renewed" Union of Sovereign States would also be a "soft federation".
Modern federal states
Modern federal states on the world map
See what "Federated States" are in other dictionaries:
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Federated States of Micronesia- (Republic of Micronesia) (Federated States of Micronesia) Federated States of Micronesia, association island countries located at about 600 islands in the Caroline Islands archipelago in the west. parts of the Pacific Ocean, north of the equator; pl. 701 ... ... Countries of the world. Vocabulary
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- Tax systems of foreign countries. Textbook, Tyutyuryukov Nikolai Nikolaevich, Gurnak Alexander Vladimirovich, Knyazeva Anastasia Viktorovna. The article considers taxation in foreign countries with which Russia forms international economic blocs (EAEU, BRICS), and countries that are most closely linked by trade relations ...
Federation is a common form of government. Today, there are about 30 federal states in the world, most of them are large communities in terms of territory and population. Among them are politically and economically powerful states (USA, Canada, Germany, Australia), and states with a high (Switzerland, Austria, Belgium) and an average level of industrial development (Argentina, Brazil, Venezuela, Mexico, India, Pakistan) , and developing countries (Malaysia, Nigeria, United Arab Emirates, Comoros).
A federation, as mentioned above, is a form of government in which several state entities unite and create a new union state. The state formations that make up the federation (states, republics, lands, provinces, cantons, etc.) are its subjects with a certain political and legal independence.
2.1 Modern federations and their subjects
The structure of modern federations includes a different number of subjects:
USA - 50, Australia - 6, Canada - 10, Austria - 9, Belgium - 3, Germany - 16, Switzerland - 23, Argentina - 22, Brazil - 26, Venezuela - 20, Mexico - 31, India - 25, Pakistan - 4, UAE - 7, Malaysia - 13, Nigeria - 21, Comoros - 3. The largest number of subjects is part of the Russian Federation. Modern federations are created on various grounds. The most common are federations built on a territorial basis (USA, Germany, Austria, Mexico, Australia, Argentina, Brazil, Venezuela, etc.). In the past, there were federations based on a national - territorial basis (USSR, Yugoslavia, Czechoslovakia).
However, these federations fell apart, failing to stand the test of time. Life has shown that in such federations the threat of national separatism persists.
Under certain circumstances, disintegration, separatist tendencies can prevail and lead to the disintegration of a single federal state. This is exactly what happened with these federations, when the republics that are part of them, under the flag of the self-determination of nations, separated and created sovereign states.
The Russian Federation belongs to the mixed federations. It includes subjects that are national - state and national - territorial formations (republics, autonomous regions, autonomous okrugs), as well as administrative - territorial formations (territories, regions, cities of federal significance).
Nevertheless, multinationality is an essential feature of Russia, and therefore the national factor is decisive in the federal structure of the state.
Federation is a state-legal association. It is consolidated in the form of a single state. Its constituent entities do not have the right to violate the territorial integrity of the federation, unilaterally withdraw from it, although in practice this took place. In a federal state, the subjects of jurisdiction and powers are distributed between the federal center and the subjects of the federation. As a rule, such states have a bicameral parliament. One chamber (upper) expresses the interests of the subjects of the federation (states, provinces, lands, cantons, republics, etc.), the other (lower house) is the body of federal representation. This is one of the fundamental differences between a federal state and a unitary one.
Federalism cannot be confused with decentralization and autonomous self-government. The state can be extremely centralized but federal. And, conversely, the state can be built on the broad autonomy of the parts and at the same time it can be non-federal.
The subject of the federation, as a rule, is endowed with constituent power, that is, it is given the right to adopt its own constitution, which must comply with the federal constitution. He has the right to issue legislative acts that are valid only on the territory of this subject and comply with federal legislation (the principle of priority of federal legislation). The subject of the federation has its own legal and judicial system. However, the principles of organization and the limits of jurisdiction of the judiciary and other bodies are determined by the constitution of the federation.
The subjects of the federation have representation and participate in the work of the highest bodies of state power, primarily in the parliament. In a bicameral parliament in many countries, an equal number of deputies from each constituent entity of the federation are elected to the upper house, although there are exceptions. So, in Australia, the upper house (senate) consists of 76 people - 12 from each of the six states and two from two territories, which are elected by proportional representation. In the US Senate, the chamber that represents the interests of the states, there are 100 people - two from each of the 50 states, regardless of the population of the state. The Council of Cantons of Switzerland has 46 deputies - two from 22 cantons and one from half cantons. Some of them are elected by local parliaments, some are appointed by the governments of the cantons. The Federation Council of the Federal Assembly of the Russian Federation includes two representatives from each constituent entity of the Federation, that is, one from the representative and executive bodies of state power.
