Form of state government as an element of the form of state: theoretical and legal research

Abstract

The article explores the genesis of the form of the state. It is substantiated that the form of the state is an important problem of legal science. It is confirmed that the study of this problem began in the time of Aristotle, Ch.-L. Montesquieu, J.-J. Rousseau, and it was reflected in subsequent scientific developments. The form of the state is understood as a complex concept that characterizes the state from the position of the existing forms of government, forms of state structure and forms of state regime. All these elements (forms of government, forms of state structure, forms of state regime) have a legal basis – they are enshrined in the constitution, laws. However, the category «form of the state» has other approaches. Thus, the form of the state can be understood as a combination of forms of government and forms of state structure without taking into account the state regime. But this approach does not have wide support among researchers.

The form of government is understood as two main forms: republic and monarchy. A republic is a form of state government in which all higher state bodies are elected by the population or are staffed by a national representative body of power. In the modern world, three types of republics are distinguished: parliamentary, presidential and mixed. The state structure characterizes the state from the point of view of its territorial division and the corresponding organization of state bodies and manifests itself in simple and complex forms. The state regime is a set of forms and methods of exercising state power by state bodies.

The genesis of the form of government of the Ukrainian state is substantiated.

Thus, out of the three elements of the form of state: the form of state government, the form of state structure, and the form of state (political) regime, the most important is the form of state government. It is in this direction that it is necessary to work, to develop it, and, taking into account A. Kolodiy's views, it is advisable to use all forms of a mixed system and develop other elements of the political system.