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State system of the Federal Republic of Germany and the German Democratic Republic. Bonn Constitution. Economic development of the FRG and the GDR Comparison of the GDR and the FRG table

The Federal Republic of Germany and the German Democratic Republic that arose in the post-war period on German soil for forty years, as it were, personified two socio-economic and political systems, two ways of life - capitalist (FRG) and socialist (GDR). Each of them, in its own way, "worked" for the authority of the corresponding system.

However, this economic competition ended up not in favor of the socialist model. So, in the late 1980s, labor productivity in the GDR was much lower than in West Germany and a significant part of the enterprises in the country were unprofitable, but it must be borne in mind that this was based not only on institutional reasons, but also on the political pressure of the West.

The starting conditions after the war were similar, the political split of Germany led to the economic disintegration of countries, to the split of a single economy. But the main disproportions arose between the relatively developed manufacturing industry on the territory of the GDR and the extremely insufficient coal-metallurgical raw material and energy base, which remained in the West. The war did more damage to the eastern part of Germany, where the main fighting. Here, 45% of industrial funds were destroyed, including 30% of the capacities of energy facilities, transport was completely disorganized, industrial development was not provided with coal, oil, iron ore, and non-ferrous metals. There was no basis for heavy industry, historically established in West Germany.

Given the almost complete absence of foreign currency loans (the USSR provided them, but not in such volumes as the United States under the "Marshall Plan" for the FRG), the burden of reparations (the FRG paid to a lesser extent) and the costs of maintaining Soviet troops (they were limited to 5% annual budget of the GDR only after 1953), the economic achievements of the GDR in the 1950s can be called phenomenal. If the FRG (and its growth rates were many times higher than those of Great Britain and France) increased from 1950 to 1958. industrial output by 210%, then the GDR - by 241%. The average annual increase in industrial production in the GDR in 1950-58. was 10%, and in Germany - 8.5%. In 1957, the GDR surpassed the FRG in terms of industrial growth in comparison with 1936. If we take the level of this year as 100%, then in 1957 the industrial potential of the GDR increased 2.4 times, and the FRG - 2.26 times. Moreover, the starting positions of both countries in 1950 were approximately the same: the GDR - 110.6% of the 1936 level, the FRG - 110.9%. However, these impressive figures masked serious structural problems in the GDR economy.

By developing heavy industry and contriving to avoid inflation and a state budget deficit, the government of the GDR had to seriously limit the growth in the production of consumer goods. The unrest of the population in June 1953 was largely due not only to an increase in the already high production rates, but also to interruptions in the supply of certain products, as well as high prices in state trade for meat, butter, fabrics, clothes, leather shoes and utensils. As a result, the government of the GDR made a massive redistribution of investments from heavy industry in favor of industries that directly satisfied the needs of the population. However, the new direction of the state's investment policy made it impossible to radically re-equip the fixed assets of the fairly outdated industry of East Germany. Most of its enterprises remained at the technological level of 1939, while in the FRG the equipment in the industry (and so much less affected by the war than the industry of the GDR) was upgraded twice after 1945.

And if initially the redistribution of funds in favor of the light and food industries was justified, then in the specific conditions of the industrially developed GDR it dragged on too long. The country still objectively could not feed and clothe itself at the expense of internal resources. Consequently, it was necessary to increase exports, and the main export commodities of East Germany have always been industrial equipment and products of the chemical industry. But since these industries did not receive sufficient funds, their products became morally obsolete and every day became less and less competitive in the West. Accordingly, foreign exchange earnings were reduced, which could be used to purchase food and high-quality consumer goods, many of which (for example, coffee and chocolate traditional for consumption in Germany) could not be supplied from the countries of the socialist camp. It turned out that the West Germans by the mid-50s were already getting a taste of the so-called. southern fruits (i.e. bananas, pineapples, etc.), while there was still not enough good coffee for the inhabitants of the GDR. Moreover, it is very interesting that these problems were well understood in the USSR, although for many it seemed insignificant. But if the Soviet workers and peasants in the 1950s were unpretentious in the choice of consumer goods, and the absence of certain things was not perceived by them as hardships and hardships, then the Germans traditionally had a higher culture of consumption. The lack of coffee was very sensitive for them. In addition, the GDR had before it the example of the FRG, and the survival of the German workers' and peasants' state really depended on whether it could provide its citizens with at least a standard of living comparable to that of the FRG. From year to year, the GDR was forced to import (mainly from the USSR) a significant part of the food consumed in the country. 25% of grain, 11% of meat, 7% of butter and 8% of eggs were bought abroad.

It is clear that in the GDR they formed the same economic structure as it was in the USSR, which entailed the processes of nationalization and stateization. In 1952, production cooperatives began to be created in the villages, with the use of both economic and administrative pressure. The peak of forced collectivization in the GDR came in 1960. During this year, as much agricultural land was collectivized as in all the previous eight years. By the end of 1960, more than 80% of the agricultural land in the GDR had been nationalized. Similarly, the policy was built in the industrial sector, and if in the early 1960s the socialist industrial sector produced 85% of the total social product, then by the beginning of the 70s the share of people's (state) enterprises in industrial production was already 94.9%.

In Germany, by the mid-1950s, after some slowdown economic growth a new upsurge began, caused by an influx of capital, a significant renewal of technical production, and government measures to revive heavy industry. In 1953-56, the annual increase in industrial output was 10-15%. In terms of industrial production, Germany ranked third in the world after the United States and Great Britain, and surpassed Great Britain in some types of production. At the same time, small and medium-sized businesses formed the basis of the rapidly growing economy: in 1953, enterprises with less than 500 employees provided more than half of all jobs in the economy, unemployment had a steady downward trend (from 10.3% in 1950 to 1.2% in 1960).

By the beginning of the 1960s. In terms of industrial production and exports, Germany was second only to the United States. It accounted for more than 60.5% of coal production, about half of steel production, about 40% of exports and 35% of imports of the EEC ("Common Market"). successfully developed and Agriculture. For example, in 1934–1938, the average annual wheat yield in the country was 22.3 centners per hectare, while in 1967 and 1968 it was 41.2 and 42.3 centners per hectare, respectively. A special mention deserves the agrarian reform, which betrayed the bulk of the land to small and medium-sized owners.

Among the factors that contributed to such a successful development of the German economy, the following should be mentioned:

the western part of Germany has historically been formed as the industrial center of the country, where the most qualified labor force is concentrated;
significant start-up assistance in the initial period of recovery of the national economy under the Marshall Plan ($ 3.9 billion), especially supplies industrial equipment that contributed to the inclusion of Germany in the scientific and technological revolution;
governmental support entrepreneurial activity, bet on the creation of medium-sized enterprises. Already in 1953, more than half of all employees worked at enterprises with up to 500 people;
rooting in all branches of the national economy of the latest achievements of scientific and technological revolution;
minimum military spending: until 1955-1957 they were limited only to financing the occupying forces, which cost the country 2–2.5 times cheaper than maintaining its own army;
a multimillion-dollar influx of refugees from the Soviet occupation zone, which became an additional source of labor. For the economy of the FRG, refugees from the GDR gave a lot, so the cost of human capital transferred from the GDR was 2.6 billion marks annually in the FRG in the 50s (savings in education and training of personnel). In 1960, the share of refugees and migrants (not only from the GDR, but also from other countries of Eastern Europe) amounted to 30.7% of all wage laborers in the FRG;
maintaining "class" peace in the country thanks to a reasonable social policy of the state.

The fact that as early as 15 years after the Second World War, Germany came out on top in Europe in terms of economic development, having outstripped its winners in economic terms, speaks of the high efficiency of the reforms at the turn of the 1940s-1950s, which became a reliable launching pad for the development of the West German economy. For the socio-economic model of the GDR, all the shortcomings characteristic of the command-administrative system of state socialism were inherent. Thus, the planned economy largely deprived the citizens of the GDR of personal initiative and independence, it was completely eliminated middle layer societies as the basis of economic development, entrepreneurship and labor activity were paralyzed. As a result, the productivity of the economy was relatively low compared to Western countries. In 1979 it was 46% of the Western level and by 1989 it had fallen to 30-40%.

Today, many Germans fundamentally do not want to divide the country into West and East and prefer to forget about the remnants of the past. However, even more than twenty years after the unification, significant economic and institutional differences remain between the two parts of the country, not in favor of the eastern region of Germany.

Differences between East and West Germans are increasingly disappearing (Part 1)

Berlin is cut into two parts by a concrete wall - this is symbolic. This is the language of the Cold War, when the border of the worlds passes through one city, one country. Let me remind you that Berlin is the capital of a united Germany, created by Otto von Bismarck in 1871, and that it was so until 1945. Since 1701, this city was the capital of Prussia, and then the whole of Germany.

As for me, the division is more interesting not into East and West Germany, but into South and North, Catholic and Lutheran. Indeed, there are important cultural differences. Now the old line of division into North and South is returning - this is a demarcation line that has very deep historical roots that go back to the time of the Reformation in Europe.

The difference between Germany and the GDR

The main difference is that West Germany was a capitalist country included in the Western European cultural society. It was also significantly Americanized in many ways, in terms of politics and culture.

East Germans continued to live under totalitarianism, although it was a completely different totalitarianism. They were limited in their cultural and tourist opportunities, did not know the world. The socialist planned economy determined everyday life.

The difference between the classical Prussian and the Francophile parts of Germany is also clearly visible. There the inner mood of people is different. The Prussian tradition is discipline, work, order, while the Francophile one encourages you to enjoy life.

Bavaria is a "free state"

There are also a number of divisions within the eastern and western parts of Germany. Saxony, Bavaria are very specific federal lands (the so-called free states), and their inhabitants identify with them. Do not forget about the difficult relations with Austria and Switzerland. Germany is much more diverse than many people think. For southern Germans, the north of their country in many ways seems like a different country. Politically, however, Germany is united and united.

German unification

The question of German unification has always been on the agenda after 1945. Even in the anthem of the GDR there was a line that it should unite. For a long time, West Germany did not recognize the East German state.

After the unification in 1990, the economic factor played an important role. East Germany joined West (ie the GDR to the FRG). Many people forget that demographically, western Germany is much larger than the eastern part, that is, 65 million against more than 16 million people.

Therefore, East Germany is only a small piece of the whole of Germany. East Germans wanted economic benefits from the union, as well as freedom of movement and democratic freedoms and rights.

West Germans were generally positive about the fact of unification. For some, this was very important, but for many it was understandable, natural, and therefore neutral. There are Germans from the western part of the country who have never been to the east until now.

Stasi - East German "KGB"

A few words about the Stasi, a kind of "East German KGB". This institution was less bloody than the Russian counterpart, but penetrated deeper into society. Surveillance in the GDR was carried out much more vigilantly than in the USSR. A large percentage of the population of eastern Germany took part in the work of this special service as "informers". The minority - by conviction, the majority - through pressure and coercion.

Ministry of State Security of the GDR

We are talking about numbers from tens to hundreds of thousands. Many suffered from this activity: someone was thrown behind bars, but mostly careers and families were destroyed. The lustration was serious and detailed, but not tragic: those who lost their jobs through it became pensioners. Pensions are worthy, such that a person can afford to relax in Spain once a year.
To be continued…

After the defeat of Germany in World War II and the surrender of the Nazi army, the territory of Germany was occupied by the troops of four allied states: the USSR, the USA, England and France. In accordance with the decision of the Potsdam Conference (July 17 - August 2, 1945), the country was divided into 4 occupation zones. Management was carried out by the Allied Control Council. Krasheninnikova N. A. History of the State and Law of Foreign Countries. Part 2. Textbook for high schools. 2nd edition. - M.: NORMA publishing group - INFA M, 2004. - p. 236. In January 1947, the British and American occupation zones merged into Bisonia.

Later, in July 1948, on the orders of the Western occupying powers, a separatist state was established on their territory. On August 1, 1948, the French occupation zone and the Anglo-American merged into Trizonia, and already on September 1, the Western powers approved the Parliamentary Council. The council consisted of 65 deputies elected by the Landtags and 5 representatives from West Berlin with an advisory vote. In May 1949 they drafted a constitution for West Germany, which included the territories of the three western occupation zones.

On May 8, 1949, the Parliamentary Council, which met in Bonn, adopted the draft Basic Law and submitted it for ratification to the Landtags (representative bodies of the Lands).

Between 18 and 21 May 1949, the parliaments of all states except Bavaria approved the draft Constitution. When adopted, this act was called the Basic Law and was considered as temporary: it was believed that the constitution would be adopted for the whole of Germany after overcoming its split.

The new Constitution of the Federal Republic of Germany came into force on May 23, 1949. This is considered the day of the founding of Germany.

In accordance with the Potsdam Agreement, the eastern part of Germany: the lands of Brandenburg, Mecklenburg, Thuringia, Saxony, Saxony - Anhalt was occupied by the USSR. To manage the eastern part of Germany, a special body of the Soviet military administration in Germany, SVAG (Soviet Administration of Military Germany), was created.

The Socialist Unity Party of Germany (SED), which was formed in April 1946 as a result of the merger of the communist and social democratic party organizations, was involved in government activities. In September-October 1946, elections were held throughout East Germany to local governments and land parliaments - landtags (legislative bodies of the lands). The SED received over 50% of the vote in the general elections and 47% in the Landtag elections.

Also, the eastern part of Germany was subjected to socialist reforms: the property of the monopolies was confiscated, and agrarian reform was carried out. Orientation towards the collectivization of agriculture was taken.

In March 1947, the German People's Congress of East Germany determined further fate states. He elected the German People's Council and instructed it to draw up a constitution for the future GDR.

On October 7, 1949, the People's Council announced the enactment of a new constitution and the creation of the German Democratic Republic as an independent state. At the same time, the People's Council reorganized itself as the Provisional People's Chamber of the GDR.

Already the Provisional People's Chamber adopted a law on the formation of a provisional government of the GDR and its formation was entrusted to Otto Grotenwohl, who was nominated for the post of prime minister of the SED faction.

On September 7, 1949, the Bundestag was declared and a coalition government headed by Konrad Adenauer was formed from representatives of the Christian Democratic Union (CDU), the Christian Social Union (CSU), the Free Democratic Party and the German Party, which completed the state split.

The SED and the Soviet military administration that collaborated with it were fully convinced that only a complete break with the past based on the domination of capitalism could guarantee for the future that German imperialist aggression would not be repeated.

The leadership of the GDR, when creating a separate state, pursued the main goal - preventing a new war in Europe. In the field of internal development, the GDR had to become a socio-political alternative to the imperialist FRG.

State system of Germany

The new constitution of the Federal Republic of Germany came into force on May 23, 1949. This is the fourth Constitution in the history of Germany (three constitutions were adopted in 1849-1919). The Basic Law was developed by a commission of German jurists who acted on the instructions of the prime ministers of the West German lands, elected by the Landtags (legislative, usually unicameral, body of each land), but also subordinate to the governors of the three occupation zones, which were under the control of Great Britain, the USA, France.

The governors were appointed by the victorious powers after the defeat of Hitler's Germany. The German constitution rejected the old fascist order and proceeded from the principles of universal values: democracy, equality in the separation of powers, and justice. All power came from the people, who exercised it through elections and various kinds of voting, as well as through special bodies - legislative, executive and judicial. Baglai M.V. Constitutional law foreign countries. - M.: "Norma", 2000. - p. 485.

Germany is built on the principles of federalism. It was formed from 10 lands, independent in their budget and independent of each other. Each of the lands had its own Landtag and its own government, which had considerable autonomy.

Legislative power belonged to the Bicameral Parliament: the upper house - the Bundesrat (Union Council), the lower - the Bundestag. The Bundesrat, according to its tasks and position, was an independent supreme federal body that managed its own affairs, was not subject to supervision by another body and was not bound by any directives. It elected its chairman for a one-year term. He regulated his work by regulations. Likewise, the Bundesrat conducted its own affairs; had an independent budget within the framework of the federation, its chairman was the head of the service department of officials in the Bundesrat. The Bundesrat did not consist of members elected by the people, but of representatives appointed and recalled by the governments of the states. The Bundesrat expressed the interests of the subjects of the federation. The number of members that each land could send to the Bundesrat was determined by the number of votes in that land. Each land had at least 3 votes; lands with a population of up to 2 million people have 3 votes, from 2 to 6 million - 4 votes, and over 6 million - 5 votes. The Bundesrat consisted of 41 voting members.

The Bundestag was elected by the entire people of Germany and consisted of 496 members. He was also not subject to supervision by another authority and was not bound by any orders. The Bundesrat elected its own chairman, his deputies and secretaries. He himself determined his organization and procedure with the help of regulations - an autonomous charter.

Half of the deputies were elected in the constituencies according to the majoritarian system of relative majority by direct voting. The other half - according to party lists, put up in each land according to the proportional system. Each voter in Germany was given two votes. The first - for the election of a deputy in the constituency, the second - for the elections on the land lists. The party that collected less than 5% of the second votes divided the representation in the parliament.

If the organization of the Bundestag can be attributed to the classical type of a bourgeois parliamentary chamber - it has a chairman, a bureau of the chamber, commissions, its deputies are united in factions, then the Bundesrat has specific features. It is characterized by the principle of coordinated voting, i.e. the votes of the representatives of the states shall be cast as one vote. Its members had an imperative mandate. Land governments told their representatives how they should vote on issues under discussion.

The system of central government bodies was based on the principle of separation of powers.

According to the constitution, the head of the Federal Republic of Germany and the head of the executive branch was the Federal President, who was elected for 5 years - by a specially assembled Federal Assembly - a body that consists of members of the Bundestag and the same number of members elected by the landtags on the basis of proportionality. Every German with active suffrage and over 40 years of age could be elected. The president could participate in government meetings, could in some cases dissolve the Bundestag. However, most presidential acts required the mandatory countersigning of the federal chancellor or the relevant minister.

The real executive power was concentrated in the Government, and especially in the hands of its chairman - the Chancellor. Chancellorship is proposed by the President. He is then elected by a majority vote of the Bundestag. The chancellor appoints and dismisses ministers, determines the domestic and foreign policy of the state. He is the only minister constitutionally responsible to the Bundestag.

The federal government has the right to issue regulations for the implementation of federal laws, as well as issue general administrative regulations. The government is actively involved in the legislative process. It has the right to invite the President of the Republic, with the consent of the Bundesrat, to declare a state of legislative necessity. The Bundestag is thus excluded from passing laws.

The constitution established a complex procedure for issuing no confidence in the government. A chancellor can only be removed by electing a new chancellor.

In the system of central state bodies of Germany, a special place was occupied by the Federal Constitutional Court, consisting of two senates of 8 judges each. Judicial power is concentrated in its competence. The members of the court are elected in equal numbers by the Bundestag and the Bundesrat.

The Constitutional Court has broad competence - interpretation of the Constitution, verification of the conformity of federal law and the law of the Länder with the fundamental law, consideration of constitutional and legal conflicts between the Federation and the Länder or between different Länder in cases of disagreement about the rights and obligations of the Federation and the Länder, resolution of disputes of a public law nature between the Federation and the Länder or within the same Länder, consideration of questions of consistency in the form and content of land law with the Basic Law or other federal law. The Court can also strike down parliamentary laws if they are inconsistent with the Basic Law.

By 1960 the party politic system Germany was formed from three parties. Its peculiarity was that the parties that formed the government were two main political organizations: Social Democratic Party Germany (SPD) and a bloc of two clerical-Christian parties - the Christian Democratic Union (CDU exists in all states of Germany except Bavaria) and the Christian Social Union (CSU, operates within the same land of Bavaria). The third bourgeois-liberal Free Democratic Party (FDP) entered the government as a "junior partner", a balance of power.

The three-party West German model could only be called conditionally, since the parties were unequal to each other.

State system of the GDR

The People's Chamber was proclaimed the supreme body of power in the Constitution. It consisted of 400 deputies, 100 deputies and 66 representatives of the city of Berlin with an advisory vote. Deputies were elected for 4 years by universal, direct and equal elections by secret ballot. The People's Chamber elected its Presidium, in which each faction was represented, numbering at least 40 deputies. The chamber established the principles of government policy, approved the composition of the government, exercised control over the activities of the government and its recall, managed and controlled all the activities of the state, made decisions on the state budget, national economic plan, etc. The government of the lands was carried out by the Chamber of Lands, which was elected by the landtags of the lands. The Chamber of Lands received limited rights: it could protest within 14 days against the law adopted by the People's Chamber, but the final decision belonged to the latter.

The competence of both chambers included the election of the President. The scope of powers of the President was rather narrow. He was elected for 4 years, represented the republic in international relations, received diplomatic representatives, exercised the right to pardon jointly with the People's Chamber, etc. The SED representative Wilhelm Pick was elected as the first president.

The Government was proclaimed the supreme body of executive power. It was formed by a representative of the faction, which was the strongest in the People's Chamber. The People's Chamber approved the composition of the government and its program. The government was responsible to the People's Chamber.

In 1949, the first elections to the People's Chamber of the GDR took place. They were held on the basis of a common electoral program with general lists candidates of the National Front of Democratic Germany.

In 1952, the historical division of the country into lands was abolished and a new administrative-territorial division of the GDR into 14 districts and 217 districts was established. The Chamber of Lands and Landtags were abolished. Local authorities began to be exercised by district and district assemblies, which elected their own councils (executive authorities).

In 1952, at a conference of the SED, it was decided that the German Democratic Republic is a socialist state and will follow the socialist path in the future. Sixteen years later, the new constitution of the GDR in 1968 declared the victory of socialist relations of production.

The new Constitution expanded the scope of constitutional regulation of the socio-political system. It consolidated the principles of organization and functioning of political systems, interaction of parties, public organizations, labor collectives. Marxist-Leninist communist workers' parties were consolidated as the main political institutions, recognized as the only "leading and guiding force" of public and state life. The constitution also recognized a multi-party system, stressed the importance of mass socio-political associations and popular movements.

Public property (state (public) and cooperative) and national economic planning were indicated as the economic basis of socialist society. In the system of public authorities, the President of the GDR was replaced State Council which is headed by a chairman. A wide list of rights and freedoms of citizens and universal suffrage were consolidated. The deprivation of the right to vote by the court was abolished. In the new version of the constitution of 1974, the GDR was proclaimed "an integral part of the socialist community", and allied relations with the USSR were proclaimed "eternal and inviolable."

Formally, in accordance with the Constitution, the GDR was one of the most democratic states in the world. No law could enter into force except for the People's Chamber, the activity of which was regulated by rules that took into account the best traditions of German parliamentarism. A carefully designed electoral system created the preconditions for revealing the will of the majority of the population.

The main political party of the GDR was the Socialist Unity Party of Germany (SED). She represented the working class and defended its interests. Other segments of the population recognized were defending four parties: federal democratic germany constitution

- Christian Democratic Union (CDU);
- Liberal Democratic Party of Germany (LDPD);
- Democratic Peasants' Party of Germany (DKPG);
- National Democratic Party of Germany (NPD).

The multi-party system also predetermined the fact that the unified youth organization of the GDR was not formally tied to the SED, but united young people of different beliefs and religions in its ranks.

The trade unions of the GDR (Associations of Free German Trade Unions, OSNP), which have considerable influence, represented almost all the working people of the republic.

However, the democratic scenery remained only a disguise for the absolute dictatorship of a narrow group of persons representing the "party-state leadership" of the republic, but in fact one person who headed the ruling SED and the state it created.

Regardless of the constitutional norms, all party bodies decided, and the rest of the instances only confirmed what had already been decided. But the most important thing that caused general rejection was the presence everywhere of the Ministry of State Security (MGB), whose agents penetrated literally everywhere.

The date of formation of Germany (in the form in which it is now) is October 3, 1990. Prior to this, the country's territory was divided into two states: the Federal Republic of Germany (FRG) and the German Democratic Republic (GDR). Today we will take a closer look at what the FRG and the GDR are, and get acquainted with the history of these states.

a brief description of

On May 23, 1949, the Federal Republic of Germany (FRG) was proclaimed. It included sections of Nazi Germany located in the British, American and French zones of occupation. A special article of the constitution of the FRG assumed that in the future the rest of the German territories would also be part of the newly formed state.

Due to the occupation of Berlin and giving it a special status, the country's capital was moved to the provincial town of Bonn. On October 7 of the same year, the German Democratic Republic (GDR) was proclaimed in the Soviet zone of occupation. Berlin was appointed its capital (in fact, only the eastern part of the city, which was under the control of the GDR). For the next 40+ years, the two German states existed separately. Until the 1970s, the authorities of the country of Germany categorically did not want to recognize the GDR. Later, she began to recognize "neighbours", but only partially.

The peaceful revolution in the GDR, which took place in the autumn of 1990, led to the fact that on October 3 its territories were integrated into the FRG. Then the capital of Germany was returned to Berlin.

Now let's get acquainted with these events in more detail.

The division of Germany after the surrender

When the Allied troops (America, the USSR, Great Britain and France) captured Nazi Germany, its territory was divided between them into four zones of occupation. Berlin was also divided, but it received a special status. In 1949, the Western Allies united the territories subject to them and called this region Trizonia. The eastern part of the country still remained under the occupation of the Soviet Union.

Education Germany

On May 24, 1949, the Parliamentary Council, which met in Bonn (a city that belonged to the British occupation zone), proclaimed the Federal Republic of Germany under the strict control of the military governors. It included areas newly created by that time, belonging to the British, American and French occupation zones.

On the same day, the constitution was adopted. The 23rd article of the document declared its extension to Berlin, which formally could only partially enter the FRG. The main provisions of this article also provided for the prospect of extending the constitution to other German lands. Thus, the foundation was laid for the entry into the Federal Republic of Germany of all the territories of the previously existing German Empire.

The preamble to the constitution explicitly stated the need to unite the German people on the basis of a reconstituted state. The document itself was positioned as temporary, so officially it was even called not the constitution, but the "Basic Law".

Since Berlin was endowed with a special political status, it was not possible to keep the capital of the Federal Republic in it. In this regard, it was decided to appoint the provincial city of Bonn, in which the proclamation of the country of the Federal Republic of Germany took place, its temporary capital.

Creation of the GDR

The German lands of the Soviet occupation zone did not intend to recognize the laws of the Federal Republic of Germany adopted on May 23, 1949. On May 30, the delegates of the German People's Congress, elected two weeks earlier, adopted the constitution of the GDR, recognized by the 5 states of Soviet occupation. On the basis of the adopted constitution in the republic, which also called itself East Germany, state authorities were created.

On October 19, elections were held for the Chamber of Lands and the People's Chamber of the first convocation. Wilhelm Pick, chairman of the Socialist Unity Party of Germany (SED), became president of the GDR.

Political status and prospects for the expansion of Germany

From the very beginning, the government of the Federal Republic of Germany clearly defined what the FRG is. It positioned itself as the only representative of the interests of the German people, and the FRG itself as the only follower of the German Empire. Therefore, it is not surprising that it had claims to all the lands belonging to the empire before the start of the expansion of the Third Reich. These lands included, among other things, the territories of the GDR, the Western part of Berlin, as well as the "former eastern regions" that went to Poland and the Soviet Union. In the first years after the founding of the FRG, its government tried in every way to avoid direct contact with the government of the GDR. The reason is that he could testify to the recognition of the GDR as an independent state.

America and Great Britain also remained of the opinion that the FRG was the legitimate successor of the empire. France, on the other hand, believed that the German Empire had disappeared as such back in 1945. Harry Truman, the 33rd President of the United States, refused to sign a peace treaty with Germany because he did not want to recognize the existence of two German states. In 1950, at the New York conference, the foreign ministers of the three countries nevertheless came to a common denominator on the question "what is the FRG?" The claims of the Government of the Republic concerning the sole representation of the German people were recognized. However, they refused to recognize the government as the governing body of all Germany.

Due to the refusal to identify the GDR, the German legislation recognized the existence of a single German citizenship, therefore it called its citizens simply Germans, and did not consider the territory of the GDR as a foreign country. That is why the country had a law on citizenship, adopted back in 1913. The same law was valid until 1967 in the GDR, which was also a supporter of single citizenship. In practice, the current situation meant that any German living in the GDR could come to the FRG and get a passport there. To prevent this, the leaders of the Democratic Republic banned its inhabitants from obtaining passports in the Republic of Germany. In 1967, they introduced the citizenship of the GDR, which received official recognition in the FRG only 20 years later.

The reluctance to recognize the borders of the Democratic Republic was displayed in maps and atlases. So, in 1951, maps were published in Germany, in which Germany had the same borders as in 1937. At the same time, the division of the republic, as well as the division of lands with Poland and the Soviet Union, were marked with a barely noticeable dotted line. On these maps, the toponyms that had gone to the enemy remained under the old names, and there were simply no signs of the GDR. It is noteworthy that even in the maps of 1971, when the whole world clearly understood what the FRG and the GDR were, the situation did not change much. The dashed lines became more visible, but still differed from those that would mark borders between states.

Development of Germany

The first chancellor of the Federal Republic was Konrad Adenauer, an experienced lawyer, administrator and activist of the Center Party. His concept of leadership was based on the social market economy. He remained in the position of Chancellor of the Federal Republic of Germany for 14 years (1949-1963). In 1946, Adenauer founded a party called the Christian Democratic Union, and in 1950 he headed it. The head of the opposition Social Democratic Party was Kurt Schumacher, a former Reichsbanner fighter who had been imprisoned in Nazi concentration camps.

Thanks to the assistance of the United States in the implementation of the Marshall Plan and Ludwig Erhard's economic development plans for the country in the 1960s, the German economy rushed upwards. In history, this process was called the "German economic miracle." To meet the demand for low-cost labor, the Federal Republic supported the influx of guest workers, mainly from Turkey.

In 1952, the states of Baden, Württemberg-Baden and Württemberg-Hohenzollern were merged into a single state of Baden-Württemberg. Germany became a federation consisting of nine states (member states). In 1956, after a referendum and the signing of the Luxembourg Treaty with France, the Saar region, which was previously under the protectorate of France, became part of the FRG. Its official accession to the Republic of Germany (FRG) took place on January 1, 1957.

On May 5, 1955, with the abolition of the occupation regime, the FRG was officially recognized as a sovereign state. Sovereignty extended only to the area of the provisional constitution, that is, it did not cover Berlin and the former territories of the empire, which at that time belonged to the GDR.

In the 1960s, a number of emergency laws were developed and implemented, which imposed a ban on the activities of a number of organizations (including communist party), as well as some professions. The country led an active denazification, that is, the fight against the consequences of being in power by the Nazis, and tried with all its might to ensure the impossibility of the revival of the Nazi ideology. In 1955 Germany joined NATO.

Relations with the GDR and foreign policy

The government of the Republic of Germany did not recognize the GDR and until 1969 refused to enter into diplomatic relations with states whose position on this issue differed. The only exception was Soviet Union, which recognized the GDR, but was part of the four occupying powers. In practice, this reason led to the rupture of diplomatic relations only twice: with Yugoslavia in 1967 and with Cuba in 1963.

Back in 1952, Stalin spoke about the unification of the FRG and the GDR. On March 10 of the same year, the USSR invited all occupying powers to work out a peace treaty with Germany as soon as possible in cooperation with the all-German governments, and even drafted this document. The Soviet Union agreed with the unification of Germany and, on the condition of her non-participation in military blocs, even allowed the existence of an army and a military industry in it. The Western powers effectively rejected the Soviet proposal, insisting that the newly united country should have the right to join NATO.

Berlin Wall

On August 11, 1961, the People's Chamber of the GDR decided to build the Berlin Wall - a 155 km long engineering and defensive structure that strengthens the border between the two German republics. As a result, on the night of August 13, construction began. By one in the morning, the border between West and East Berlin was completely blocked by the troops of the GDR. On the morning of August 13, people who habitually went to western part cities to work, faced resistance from law enforcement and paramilitary patrols. By August 15, the approach to the border was completely blocked with barbed wire, and the construction of the barrier began. On the same day, the subway lines that communicated two parts of the city were closed. Potsdamer Platz, which was located in the border zone, was also closed. Many buildings and residential buildings adjacent to the line of division between East and West Berlin were evicted. The windows that overlooked the German territory were bricked up. Later, during the reconstruction of the barrier, the buildings adjacent to it were completely demolished.

Construction and refurbishment of the structure continued until 1975. It was originally a fence concrete slabs or brickwork equipped with barbed wire. In some sections, these were simple Bruno spirals that could be overcome with a deft jump. At first, this was used by defectors who managed to bypass police posts.

By 1975, the wall was already an impregnable and rather complex structure. It consisted of concrete blocks 3.6 meters high, on top of which cylindrical barriers were installed. A restricted area with a large number of obstacles, guard posts and a lighting device was equipped along the wall. The exclusion zone consisted of a simple wall, several strips of anti-tank hedgehogs or metal spikes, a metal mesh fence with barbed wire and a flare system, a path for patrols, a wide strip of regularly leveled sand, and finally the impregnable wall described above.

Chancellor change

When Willy Brandt took over as chancellor of the Federal Republic of Germany in 1969, a new round began in relations between the FRG and the GDR. The Social Democrats, who came to power, weakened the legislation and recognized the inviolability of the post-war state borders. Willy Brandt and his follower Helmut Schmidt improved relations with the Soviet Union.

In 1970, the Moscow Treaty was signed, in which the FRG renounced its claims to the eastern regions of the former German Empire, which were ceded to the USSR and Poland after the war. The document also declared the possibility of unification of the republics. This decision marked the beginning of the New Ostpolitik. In 1971, the FRG and the GDR signed the Fundamental Treaty governing their relationship.

In 1973, both republics joined the UN, despite the fact that the FRG still did not want to recognize the international legal independence of the GDR. Nevertheless, the status quo of the Democratic Republic, enshrined in the Founding Treaty, contributed to a thaw in relations between the "neighbors".

"Peaceful Revolution"

In September 1989, the New Forum opposition movement emerged in the GDR, partly composed of members of political parties. The following month, a wave of protests swept across the republic, the participants of which demanded the democratization of politics. As a result, the leadership of the SED resigned, and representatives of the discontented population took its place. On November 4, a massive rally agreed with the authorities took place in Berlin, the participants of which demanded respect for freedom of speech.

On November 9, citizens of the GDR received the right to free (without good reason) travel abroad, which led to the spontaneous fall of the Berlin Wall. After the elections held in March 1990, the new government of the GDR began active negotiations with representatives of the FRG on the prospect of unification.

German unification

In August 1990, the FRG and the GDR signed an agreement on the unification of the country. It provided for the liquidation of the Democratic Republic and its entry into the Republic of Germany in the form of five new states. In parallel with this, the two parts of Berlin were reunited, and he again received the status of the capital.

On September 12, 1990, representatives of the GDR, the FRG, the USA, the USSR, Great Britain and France signed an agreement that finally settled the German issue. According to this document, an amendment was to be included in the constitution of the FRG that, after the restoration of the state, it renounces claims to the rest of the territories that once belonged to the German Empire.

In fact, in the process of unification (the Germans prefer to say "reunification" or "restoration of unity") no new state was created. The lands of the former territory of the GDR were simply accepted into the FRG. At the same moment, they began to obey the "provisional" constitution of the Republic of Germany, adopted back in 1949. The reconstituted state has since become known simply as Germany, but from a legal point of view, this is not a new country, but an enlarged FRG.

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Plan

Introduction

1. Formation of the FRG and the GDR. Comparative characteristics their state systems

2. Bonn constitution. Its main provisions and changes after the reunification of Germany

Conclusion

Bibliography

INconducting

The unification of the GDR and the FRG on October 3, 1990 significantly changed the status of Germany. Today Germany is one of the richest and most prosperous countries in the world. Among European countries, Germany has the most powerful economic potential. The studies of many research centers predict further prospects for Germany's economic growth, the solution of problems in the social sphere, and promise social stability.

Germany's policy of 1969-1972 deserves special attention, which was aimed at agreement with the East and an agreement to put into effect the principle of non-violence. This principle subsequently became the main one in the Final Act of the Pan-European Convention on Security and Cooperation (1975). It was later confirmed in the 1990 Paris Charter. This policy was aimed at refraining from the use of force and the threat of force against the territorial integrity and political independence of any state, the establishment of peace and security, the establishment of cooperation in Europe.

The relevance of this topic is determined by the role of a united Germany in further world events. It was thanks to the unification of Germany that the subsequent creation of a united Europe became possible. Revolutionary events of 1989-1990 became the impetus for the establishment of harmony between European states. One of the explosive political knots of post-war Europe, the division of the German nation, has disappeared. These events had great importance for the fate of Germany and Europe.

It is important to note that the unification of Germany was the beginning of the disintegration of the systems of the socialist community throughout the world. The fall of socialist regimes came as a surprise to many theorists and politicians. The crisis in the GDR showed that a society without democracy, without freedom of the individual, is incapable of self-development and is gradually entering a stage of political, economic and spiritual disintegration.

1. EducationGermanyAndGDR.Comparative characteristicAndas their state systems

On May 8, 1949, the Parliamentary Council, which met in Bonn, adopted the draft Basic Law and submitted it for ratification to the Landtags (representative bodies of the Lands).

The new Constitution of the Federal Republic of Germany came into force on May 23, 1949. This is considered the day of the founding of Germany.

In March 1947, the German People's Congress of East Germany determined the fate of the state. He elected the German People's Council and instructed it to draw up a constitution for the future GDR.

State system of Germany

The system of central government bodies was based on the principle of separation of powers.

The constitution established a complex procedure for issuing no confidence in the government. A chancellor can only be removed by electing a new chancellor.

By 1960, the party political system of Germany had developed from three parties. Its peculiarity was that the two main political organizations acted as parties forming the government: the Social Democratic Party of Germany (SPD) and the bloc of two clerical Christian parties - the Christian Democratic Union (CDU exists in all states of Germany, except Bavaria ) and the Christian Social Union (CSU, operates within the same state of Bavaria). The third bourgeois-liberal Free Democratic Party (FDP) entered the government as a "junior partner", a balance of power.

The three-party West German model could only be called conditionally, since the parties were unequal to each other.

State system of the GDR

The competence of both chambers included the election of the President. The scope of powers of the President was rather narrow. He was elected for 4 years, represented the republic in international relations, received diplomatic representatives, exercised the right of pardon together with the People's Chamber, etc. The SED representative Wilhelm Pick was elected as the first president.

In 1949, the first elections to the People's Chamber of the GDR took place. They were carried out on the basis of a common electoral program with common lists of candidates of the National Front of Democratic Germany.

Public property (state (public) and cooperative) and national economic planning were indicated as the economic basis of socialist society. In the system of public authorities, the President of the GDR was replaced by the State Council, which was headed by the chairman. A wide list of rights and freedoms of citizens and universal suffrage were consolidated. The deprivation of the right to vote by the court was abolished. In the new version of the constitution of 1974, the GDR was proclaimed "an integral part of the socialist community", and allied relations with the USSR were proclaimed "eternal and inviolable."

Christian Democratic Union (CDU);

Liberal Democratic Party of Germany (LDPD);

Democratic Peasants' Party of Germany (DKPG);

National Democratic Party of Germany (NPD).

The trade unions of the GDR (Associations of Free German Trade Unions, OSNP), which have considerable influence, represented almost all the working people of the republic.

2. Bonn Constitution. Its main provisions and changes after German reunification

In 1990, on October 3, German Chancellor Helmut Kohl, Foreign Minister Hans Dietrich Genscher and USSR President M. S. Gorbachev agreed that the number of new German armed forces would not exceed 346 thousand people, which finally completed the unification of Germany. From that moment on, the state and legal order of the GDR ceased to exist, and the state and legal order of the FRG extended to the entire territory of the former GDR. From the point of view of international law, the GDR ceased to exist as a subject of international law, and from the point of view of state law, the five lands of the former GDR became constituent parts of the German Federation. Strashun B. A. Constitutional (state) law of foreign countries. General part. - M .: BEK, 2000. - p. 303.

The fact that Berlin will be the capital of the united country was fixed in the 1949 Constitution of the Federal Republic of Germany even before the unification. German jurists, when creating the Basic Law, took care of resolving the issue of the capital. Bonn was recognized as the temporary capital of West Germany - that is, the country that was then called the FRG. This was fixed in the Law and in the program of the ruling Christian Democratic Union and also the Free Democrats.

For decades, the Christian Democrats and other forces in Germany have been saying that Berlin would be the capital after reunification. But after the unification, protests and speeches arose in the parties. They advocated a socio-political democratic character, established after the Second World War in the western part of Germany, and the symbolism of Bonn, precisely as a capital and symbol.

Many perceived the return of Berlin as a symbol of the past Germany, a symbol of the Reich, as a symbol of the First and Second World Wars.

Voting on June 20, 1991, with an advantage of only 17 votes, approved the decision to move the capital to Berlin (against - 337 "for" and 320 "against"). The decision was made by a minimum majority vote.

Bonn is today recognized as the administrative capital of Germany. It remains the political center and receives the status of a "federal city". Alabastrova I. A. Constitutional (state) law of foreign countries. - M.: Jurisprudence, 2000. - p. 152.

Other ministries will have their representations in Bonn. A number of higher federal bodies will be moved to Bonn from other cities.

Since the unification of Germany, no new constitution has been adopted. The Basic Law of the Federal Republic of Germany of 1949 became the single law for a united Germany. Thus, in accordance with the Constitution, the Federal Republic of Germany is a democratic and social federal state. The Federal Republic of Germany began to consist of 10 "old" and 5 "new" lands. The constitutional system of the lands must comply with the basic principles of a republican, democratic and social-legal state. The Basic Law cannot be amended by amendments relating to these principles, as well as human rights, the division of the Federation into Länder and the principles of participation of the Länder in the legislation of amending the Basic Law. This requires the adoption of a special law by a two-thirds vote of the members of both houses of parliament. Berlin becomes the capital of a united Germany.

The Basic Law contains a list of human rights and freedoms and proclaims their binding on the legislative, executive and justice. At the same time, the Constitution also provides for the possibility of depriving the Federal Constitutional Court of fundamental rights of those who abuse freedom of opinion, the press, teaching, assembly, association, secret correspondence, postal and telecommunications, property, or the right of asylum. Political parties can also be banned on the same basis. In addition to introducing the possibility of banning parties recognized as unconstitutional, the Basic Law abandoned popular presidential elections and significantly limited his powers, refused to hold referendums at the federal level, and introduced a mechanism designed to prevent a protracted government crisis.

According to the Basic Law, the system of public authorities in Germany is based on the principle of separation of powers.

The highest legislative power in Germany belongs to the bicameral parliament: the lower house - the Bundestag and the upper house - the Bundesrat have different status in terms of both the order of their formation and the scope of powers. Legislative initiative belongs to the members of both chambers and the Federal Government. The Bundestag plays a leading role in the legislative process. The government submits bills to the Bundesrat, which must submit its opinion to the Bundestag no later than six weeks later. In particularly urgent cases, the government may, after three weeks, submit the bill directly to the Bundestag.

The Bundestag is elected for 4 years by general, direct elections by secret ballot. Citizens who have reached the age of 18 participate in the elections. Half of the deputies are elected in single-mandate constituencies covering the territory of the entire country, according to the majoritarian system. The other half of the deputies are elected from land party lists in multi-member constituencies. Each voter thus casts two votes: for an individual candidate and for a party list. Half of the seats in the Bundestag are distributed among the parties in proportion to the number of votes received. Since the proportional electoral system in its purest form guarantees representation even for small parties, this can create difficult problems in the formation of government. In Germany, a five percent barrier has been introduced. Bundestag seats are awarded only to parties that either receive at least 5 percent of the votes cast for party lists or win at least three single-mandate constituencies. As a result, small parties have almost disappeared from the political arena in Germany. For the formation of a party (or inter-party) faction in the Bundestag, the presence of at least 5 percent of deputies is required.

According to the old German constitutional tradition, the President of the Bundestag is elected from the members of the strongest parliamentary faction. Together with four deputies, he forms the presidium of the Bundestag. The meetings of the Bundestag are chaired by one of the members of the Presidium.

The Basic Law of the Federal Republic of Germany rejects the imperative mandate, in which the party imposes on its members a certain decision on the issue of voting. According to the Constitution, direct fractional coercion is not allowed for deputies when voting. But even if he is expelled from the party or faction for violating party discipline, he retains his deputy mandate.

The Bundestag plays a fundamental role in the field of legislation: it adopts laws and has the right to propose bills. In addition, he elects the Federal Chancellor, takes part in the elections of the Federal President and federal judges, participates in the formation of the government, exercises current control over the activities of the government, has the right to submit a constructive vote of no confidence in the Federal Chancellor in order to force him and his government to resign .

The Bundesrat is the upper house of the German parliament, representing the interests of the 16 states of Germany. The President of the Bundesrat is elected only from the minister-presidents of the states for a period of one year in the following sequence: first from the largest state, then descending to the smallest. The powers of the Federal President in the event of his inability to perform his functions or early dismissal are exercised by the President of the Bundesrat. Like the Bundestag, the Bundesrat forms various committees.

The Bundesrat, as the legislative body of the Federation, has the right of legislative initiative, the right to express its attitude to the draft laws of the federal government, to approve or disapprove laws, the adoption of which requires its consent (first of all, these are laws affecting the interests of the lands, as well as laws on amending in the Basic Law), the right to participate in the formation of the policy of the Federation on European issues, to participate in the election of the Federal Constitutional Court. The approval of the Bundesrat is also required by regulations and administrative acts issued by the Federal Government, if they directly or indirectly affect the interests of the Länder. The Bundesrat must approve (or reject) the declaration of a defensive war.

The head of state in Germany is the Federal President. Its powers are deliberately limited in favor of the Federal Government and the Federal Chancellor who heads it. The federal president performs primarily representative functions, personifying the state (all presidents renounced their party membership while in office) and, if necessary, acting as a mediator and arbitrator in conflict situations. The real role of the president largely depends on his personal authority. Topornin BN State law of Germany. - M.: Institute of State and Law of the Russian Academy of Sciences, 1994. - p. 75.

The Federal President is elected by the Federal Assembly - a body formed specifically for this purpose from members of the Bundestag and an equal number of representatives of the lands elected by the Landtags (land parliaments). Authoritative public figures, scientists, artists who are not members of the Landtags are often delegated to the Federal Assembly. The candidate who receives the majority of votes of all members of the Federal Assembly is considered elected. If neither the first nor the second round of elections bring victory to one of the candidates, in the third round of elections it is enough to get the majority of the votes of the members participating in the voting.

The right to be elected president is exercised by German citizens who have the right to be elected to the Bundestag and have reached the age of 40. President can only be elected for two terms.

The Federal President may not hold any other paid office or exercise commercial or professional activity, be a member of the governing bodies of profit-making enterprises.

The laws adopted by the Bundestag, according to the constitution, are drawn up by the Federal President and published. If the President believes that the adopted law violates the Constitution, and the Bundestag does not agree with it, he can apply to the Federal Constitutional Court.

The highest body of executive power - the Federal Government - consists of the Federal Chancellor and the Federal Ministers.

The chancellor, as head of government, has a special status under the Basic Law. He receives power directly from the Bundestag and is elected on the proposal of the Federal President without debate. As a rule, the president nominates a representative of the party or government coalition that won the elections to the Bundestag. The candidate must gain an absolute majority of the votes of the members of the Bundestag, the so-called. Once elected, the Federal President appoints him to the post of Federal Chancellor. But the Basic Law provides for another option.

Throughout the existence of the Federal Republic of Germany, the Federal Chancellor has always been elected during the first round of elections. However, if the candidate proposed by the president is not elected in the first round, then a second round is called. Within 14 days, the Bundestag, by a majority vote of its members, can choose its own candidate for the post of Chancellor. If the election does not take place this time, a third round is held. If the person elected in the third round has collected the votes of a majority of the members of the Bundestag, the Federal President must appoint him Chancellor within seven days of the election. If the elected received only a majority of the votes of the deputies present, then the president must decide within seven days: either appoint him or dissolve the Bundestag.

The appointment and dismissal of Federal Ministers is made by the Federal President on the proposal of the Chancellor. The Bundestag does not have a formal say in this matter. The chancellor is personally responsible to the Bundestag for the policy of the state. The federal government is in power for the entire period of the legislature of the Bundestag, i.e. for four years.

The dissolution of the Federal Government is possible in the event of the resignation (or death) of the Federal Chancellor; in a successful constructive vote of no confidence; in connection with the rejection by the Bundestag of the question of confidence raised by the Federal Chancellor and the dissolution of the Bundestag in this case by the Federal President.

The Basic Law established a federal form of territorial structure in Germany. After the unification, all 16 lands together make up a single state (Federation). The federal structure is the historical heritage of Germany, which over the centuries was fragmented into many large and small states, and after their unification in 1871, it remained a federation all the time, with the exception of 12 years of the Nazi regime and four decades of separate existence of the GDR (in which the federal principle was abolished) and Germany.

The Basic Law proclaims the inviolability of the federal structure of Germany. However, this does not mean a guarantee of the existence of specific lands, as well as the inviolability of their territories. Within the framework of the Federation, the territory of the lands may change, from the existing lands, a new or with a different composition of the land may arise, several lands may merge into one new one, or one land may become an integral part of another. All such changes in the territorial-administrative structure can only be carried out through a federal law, which must be approved by the Bundesrat, as well as by a referendum held in the Länder or parts of the Länder concerned. For example, in May 1996 a referendum was held on the possibility of merging the federal states of Berlin and Brandenburg. He gave a negative result.

The federal states are not sovereign states. They do not have the right to secession. Any action aimed at secession of a part of the federal territory is punishable by law. Although in general questions foreign policy belong to the jurisdiction of the federation, the lands are allowed, with the consent of the federal government, to conclude agreements with foreign states (an example is the concordat concluded by Bavaria in 1965 with the Vatican).

The constitutional system of the federal lands must comply with the basic principles of a republican, democratic and social state governed by the rule of law.

In Germany, there is an extensive judicial system that does not have any one supreme judicial body either in the federation or in the states. This is a specialized court system. In addition to constitutional justice - the Federal Constitutional Court and the Constitutional Courts of the Länder - there are five branches of justice: general, administrative, labor, financial and social justice. Each branch of the judiciary has its own supreme body (Supreme Court), which is called differently: the Federal Judicial Chamber (heads the system of general courts), the Federal Administrative Court, the Federal Financial Court, the Federal Labor Court, the Federal Court of Social Affairs. The constitution establishes that the federation may create other courts, in particular a military criminal one, and they exist. These five supreme judicial bodies are independent in relation to each other and to other bodies. If disagreements arise between them, then a meeting of representatives of these bodies is convened, which makes decisions that ensure the unity of judicial practice.

Each branch of the judiciary (except for constitutional justice) has several instances: four instances - at the general courts, three - at the remaining courts.

The special body of constitutional control in Germany is the Federal Constitutional Court (FCC). The FCC is an independent and independent federal body of power, which has equal rights with other federal bodies. The first judicial body with such powers was created in 1949.

The FCC consists of two chambers (senates), with 8 judges in each. Both chambers have strictly defined powers: one considers constitutional complaints and decides on the procedure for monitoring the operation of applicable norms; the second makes decisions on matters of state organization. The activities of the court and its senates are regulated by special legislation on the FCC.

Conclusion

In 1990, on October 3, when German Chancellor Helmut Kohl, Foreign Minister Hans Dietrich Genscher and USSR President M.S. Gorbachev came to an agreement that the number of new German armed forces would not exceed 346 thousand people, the state and legal order of the GDR ceased to exist, and the state-legal order of the FRG extended to the entire territory of the former GDR. After analyzing the paths of the constitutional development of the two German states of the GDR and the FRG, it becomes clear that the capitalist, free and truly democratic Western state had reached a political, economic and spiritual upsurge by the time of unification. In turn, East Germany was in crisis in all areas. public life. The experience of the GDR showed that the socialist political system was incapable of self-development.

The division of the German nation itself was seen as the division of one people into "us" and "them". It is important to note that in the 1949 Constitution of the Federal Republic of Germany, German jurists considered the German people as one and considered the unification of Germany inevitable.

The main feature of the German unification process is its time frame. From a historical point of view, it happened just like lightning.

From a constitutional point of view, it is necessary to emphasize that such a state as the GDR completely lost its constitutional development and entered the scope of the Basic Law of the FRG (the Bonn Constitution).

However, the experience of German unification has shown that even states with different state structures are able to unite within a very short period. The unification of the German nation can serve as an example for the emerging trend towards rapprochement between some CIS countries and Russia. For example, some elements of such an unification should be studied in detail and could be applied to the unification of Russia and Belarus.

Listliterature

1) Alabastrova I. A. Constitutional (state) law of foreign countries. - M.: Jurisprudence, 2000. - 304 p.

2) Baglai M.V. Constitutional law of foreign countries. - M.: "Norma", 2000. - 832 p.

3) Krasheninnikova N. A. History of the state and law of foreign countries. Part 2. Textbook for high schools. 2nd edition. - M.: NORMA publishing group - INFA M, 2004. - 754p.

4) Mikhaleva N. A. Constitutional law of foreign countries - M.: Jurist, 1999, - p.352.

5) Mishin A. A. Constitutional law of foreign countries. M.: Infra-M, 2000. - 332 p.

6) Strashun B. A. Constitutional (state) law of foreign countries. General part. - M.: BEK, 2000. - 656 p.

7) Topornin BN State law of Germany. - M.: Institute of State and Law of the Russian Academy of Sciences, 1994. - 359 p.

8) Chirkin. Constitutional law of foreign countries. - M., Jurist, 1997. - 568 p.

9) Yakushev A.V. Constitutional law of foreign countries. Lecture course. M., "Prior", 2000. - 410 pages.

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State system of the Federal Republic of Germany and the German Democratic Republic. Bonn Constitution. Economic development of the FRG and the GDR Comparison of the GDR and the FRG table

The difference between Germany and the GDR

Bavaria is a "free state"

German unification

Stasi - East German "KGB"

a brief description of

The division of Germany after the surrender

Education Germany

Creation of the GDR

Political status and prospects for the expansion of Germany

Development of Germany

Relations with the GDR and foreign policy

Berlin Wall

Chancellor change

"Peaceful Revolution"

German unification

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