Swiss Confederation. Reference

Switzerland is in the heart of Europe. The borders with Italy, Austria and France run along the mountain ranges of the Alps and Jura, and with Liechtenstein and Germany along the Rhine river valley. Almost 2/3 of the country's territory is located in mountainous areas. On the territory of Switzerland is the peak Dufour with a height of 4634 meters, which is considered the highest point in the Alps.

In the center of the country lies the Swiss Plateau. A special decoration of the landscapes of Switzerland are rounded green hills and large lakes - Geneva, Zurich, Neuchâtel. Due to the diversity of the relief, the climate in different regions of the country has significant differences. In the Alps, winter air temperature often drops to -10 -12 ° C. In mountain depressions and river valleys, the climate is more soft temper. For example, in the so-called Italian Switzerland, palm trees, magnolias and many other heat-loving plants grow even in open ground.

August 1 is considered a national holiday. It was on August 1, 1291 that three cantons - Unterwalden, Ure and Schwyz, entered into an "eternal alliance" to defend their independence from the encroachments of the Austrian Habsburgs. In 1481, already 10 cantons declared themselves an independent state. The Swiss Confederation received international recognition in 1648. On April 12, 1798, the Helvetic Republic was created, which lasted until 1803. At the Congress of Vienna, which took place in 1814 - 1815, the borders of Switzerland were determined and its "eternal neutrality" was declared. The constitution adopted on September 12, 1848 declared that Switzerland is a single federal state. Now the Federation includes 23 cantons. The president is the head of state. The bicameral Federal Assembly is the legislative body. The government is formed by a coalition of different parties that received the most votes in the elections.

AT international relations Switzerland adheres to the principles of neutrality. Due to the country's neutrality, various international meetings are held.

Switzerland is a highly developed industrial country. In terms of income per capita, the state ranks first in Europe, and in terms of industrial production - 14th in the world. The lack of own minerals and energy carriers forced industrial production to be oriented towards the manufacture of products that require not volume, but high quality and, accordingly, high cost. finished products. AT industrial production the machine-building and chemical industries are the priority ones. Mechanical engineering specializes in the manufacture of watches, ultra-precise machine tools, printing complexes, turbines for nuclear, thermal and hydroelectric power stations and electronic measuring equipment. Chemical industry The country is focused on the production of medicines, vitamins and dyes. Switzerland exports almost half of its watches and vitamins to world markets.

In the agricultural production of manufactured products is animal husbandry. Dairy farming is in the first place. One of the most important exports of the agricultural sector of the economy is Swiss cheese. .

Only 6% of the country's area is involved in agricultural production. The vast majority of agricultural land is sown with wheat. They also grow potatoes and tomatoes. large areas set aside for gardens. In some regions of the country, vast areas are occupied by vineyards, apricot and apple orchards.

Switzerland is located at the crossroads of many European trade routes, so it has a well-established transport infrastructure. Railway transport plays an important role in the transport links of the country. More than 50 countries of the world are connected with Switzerland by direct flights.

Four nationalities peacefully coexist in Switzerland: Italian Swiss, German Swiss, Franco-Swiss and Romansh. They differ in language, cultural characteristics and ethnic identity.

The 4.2 million Swiss Germans mostly live in the central, northern and northeastern cantons of the country. Franco-Swiss live mainly in the western and southwestern regions. Almost 230,000 Italo-Swiss are concentrated in the southern regions. The Romansh people live in the canton of Graubünden.

Forms and types of rural settlements depend on the terrain. On the Swiss plateau, large villages predominate, and in the highlands - small farms, consisting of 1 - 5 households. A characteristic development of rural yards is the unification of residential and utility buildings under one roof. Although design features and design are very different.

Different areas of Switzerland differ not only in the tradition of building, but also in the variety of traditional dishes. Pa-tape - thick corn porridge, is a favorite dish among the highlanders, and for the inhabitants of the central regions of Switzerland it is a wonderful animal feed. In the region of the Central Plateau, they mainly eat food from cereals and flour. In the northern alpine regions, where animal husbandry is widespread, milk and dairy products are consumed the most.

Folk clothes in the everyday life of the current Swiss are rarely used. Although peasants, and sometimes city dwellers, wear folk costumes on holidays. Women's costume consists of a jacket with a bodice and a skirt with an apron. The men's festive costume resembles the characteristic clothes of shepherds. It consists of a white shirt, red waistcoat, white or yellow trousers with suspenders, white knitted stockings, and buckled shoes. And now many Swiss wear shoes hollowed out of wood or with wooden soles.

Bern is the current capital of Switzerland. It was founded in the 12th century. It is located on the high bank of the river. The central part of the city remained the same as it was in the XVIII - XIX century. Narrow streets, grey-green residential buildings with arcades, many old fountains. The city center is the City Hall, built in the 15th century.

An hour and a half drive south of Bern is Geneva. It is located at the foot of the Alps, on the shores of Lake Geneva, where the Rhone River originates from it. This city is one of the oldest in Europe. In the Middle Ages, it was a city-republic, and became part of the Swiss Confederation only in 1815.

Switzerland's largest city - Zurich. It is located on the shore of the lake of the same name. The history of the city has more than 2 thousand years. Here are the ruins of a Roman circus. An outstanding landmark of the city is the Grussmünter Cathedral and two bell towers located nearby. One of them is decorated with the figure of Charlemagne. Nearby are the buildings of the Town Hall and the House of Craft Corporations, which are more than three hundred years old. The modern, business part of the city is located on the opposite bank of the Limmat River.

The city of Basel is located in the northern part of Switzerland, almost on the border with Germany and France, on both banks of the Rhine River. The first mentions of locality on the site of modern Basel date back to 372 BC. Like many cities in Switzerland, Basel plays an important role in European trade. At present, it is also a large industrial center. In the central part of the city, many historical sights have been preserved: the cathedral, the house of the merchant guild and others. The attraction of the city is the art museum, which exhibits a small but very valuable collection of paintings.

Switzerland is undoubtedly one of the smallest federal states in existence. For example, the United States is 227 times larger than Switzerland. Switzerland has a population of approximately 6.3 million. However, Switzerland is divided into 26 cantons, each of which is a state with sovereign jurisdiction. The canton of Appenzell Innerrhoden has only 14,000 inhabitants. It has fewer residents than civil servants in the city of Zurich. But these small democracies can thrive in today's high-tech and superpower environment, where the economy requires large territories and large markets. Historically, Switzerland as a country emerged on the site of a traditional confederation of old medieval states. Although institutionally Switzerland became a federal state, it is still called a Confederation.

Switzerland

Switzerland's highest executive body. Federal Council (government). Major cities in Switzerland. Zurich, Geneva, Basel, Lausanne, Lucerne.

Official language Switzerland. German, French, Italian, Romansh. Religion in Switzerland. 50% - Catholics, 48% - Protestants.
Ethnic composition Switzerland. 65% Germans, 18.5% French, 10% Italians. Swiss currency. Swiss franc = 100 centimes. Climate of Switzerland.
Due to its geographical position, Switzerland is influenced by four climatic zones: mid- and north-Atlantic, Mediterranean and continental. in Geneva average temperature January is about 0 °С, July + 19 °С, at the foot of the Jungfrau - respectively - 14 °С and 0 °С.
The Alps are a barrier to cyclones that carry moisture, so the level of precipitation in the intra-Alpine regions is significantly lower than in the outer regions.

Swiss Confederation

It is of fundamental importance that the Swiss Constitution begins with the words: “We, the people of Switzerland and the cantons”, which gives reason to speak, as already emphasized above, about the special principle of sovereignty, as well as a kind of cantonal and communal loyalty, organically supplemented by loyalty to the federation as a whole. . Constitutions of European States: V.3 // Ed. Okunkova L.A.

Info

M., 2001. P. 531. It is necessary to emphasize the nature of the political culture of the Swiss, which largely determines the appearance of this country. As Daniel Eleiser argued, despite the many dividing lines, Swiss political culture is federalist in all its manifestations (including institutional ones), especially in the organization of civil society cells in the ability to create consultative mechanisms with the aim of making decisions based on consensus.

At the federal level, the autonomy of the cantons is protected not only by the Constitution, but also by political practice, which often goes beyond the existing legal framework, but ultimately receives institutional implementation. Switzerland is an ethno-nationally "variegated" country, consisting of four main ethnic groups: German 65%; French 18%; Italian 10%; Romansh 1% (represented by Swiss Romansh). In accordance with the Constitution, all these groups are equal in rights and all four languages ​​are state (however, Romansh is “limited” state, that is, not all official documents published in that language). Linguistic composition The population is as follows: German (63.7%), French (19.2%), Italian (7.6%), Romansh (0.6%).

Such laws also cannot be challenged in court. A feature of the legislative process in Switzerland is the introduction of constitutional amendments or additions based on the results of referendums, which are considered the most effective way to influence legislative decisions, provided for by the Constitution of the country.

50 thousand citizens may demand a referendum on the decision of the Federal Assembly. Thus, the Swiss political tradition favors popular initiatives and referendums. According to the Swiss themselves, in a system where power is transferred to the cantons and communes, the principles of representative democracy play a secondary role. At the cantonal level, legislative power is exercised by the Grand Council or the Council of the Canton, or the Council of the Land.

The Swiss Confederation historically switzerland as a country originated

GDP: 386.1 billion USD (2007) GDP per capita: 51.4 thousand USD Form of government: federalism Form of government: parliamentary republic Legislature: bicameral parliament Head of state: president Head of government: prime minister Party structures: multi-party system Fundamentals of government In the early Middle Ages, almost the entire territory of Switzerland was part of the Frankish state.

After the collapse of the empire of Charlemagne, Switzerland was divided into many practically unrelated lands - cantons (from the French canton - district). In August 1291, in order to jointly act against the territorial claims of the Habsburgs, the forest cantons of Switzerland entered into an “eternal alliance” among themselves, which laid the foundations of the Swiss Confederation (Swiss Union), which had broad rights within the Holy Roman Empire.

What form of government does switzerland have

Switzerland Swiss Confederation Date of creation of an independent state: August 1, 1291 Area: 41.3 thousand square meters. km Administrative-territorial division: 26 cantons Capital: Bern Official languages: German, French, Italian and Romansh Currency: Swiss franc Population: 7.5 million (2007) Population density per sq. km.

km: 181.5 people Proportion of urban population: 68% Ethnic composition of the population: German-Swiss, Franco-Swiss, Italian-Swiss and Romansh; OK. 20% of the country's population are foreigners (Italians, Spaniards, Germans, French, etc.) Religion: Catholic Christianity dominates (42% of the population), in second place is Protestantism (33% of the population) Basis of the economy: industry, banking services Employment of the population: in service industry - St. 70%; in industry - approx. 26%; in agriculture- OK.

Switzerland as a confederation

The reason for this confusion lies in the peculiarities of the translation. Switzerland is called "Schweizerische Eidgenossenschaft" in German.

The German word "Eidgenossenschaft" does not translate into French, Italian, or even English languages. This German word literally means that Switzerland is a country based on the agreement of "sworn".

Each subject of the Swiss Confederation has its own constitution, legislature and government, but their rights are limited by the federal Constitution: according to Art. 3 of the Constitution, the cantons are sovereign to the extent that their sovereignty is not limited by the federal Constitution. Taking into account all these circumstances, the researchers point out that Switzerland is divided into 26 cantons, each of which "is a state with sovereign jurisdiction" of the Constitution of European States: Vol. 3 // Ed. Okunkova L.A. M., 2001. S. 540..

Switzerland confederation or federation

The cantons may provide that newly settled persons may exercise the right to vote at the cantonal and communal level at the most after the expiration of three months from the date of settlement. The cantons may conclude agreements among themselves on issues of legislation, administration, justice, and form joint organizations and institutions.

Attention

The Confederation may participate in these agreements within its powers. Inter-cantonal agreements must not be contrary to the law, or the interests of the Confederation, or the rights of other cantons.

Agreements must be brought to the attention of the Confederation Any separate alliances and treaties of a political nature between the cantons are prohibited In the event of disputes between the cantons, they are obliged to refrain from violent and military actions Relations between the Confederation and the cantons Principles.

switzerland confederations

The successor to the Swiss Communist Party (KPSh), founded in 1921 and defunct in 1944, was the Swiss Party of Labor (SPT). In the last quarter of the twentieth century. The SPT has reconsidered its positions, previously oriented towards the achievement of socialist ideals, and has moved closer to the democrats. The Swiss People's Party (SNP) has existed since 1971. Under its wing, people from the Party of Peasants, Burghers and Craftsmen (founded in 1919) and the Democratic Party of Switzerland (founded in 1941) united. New parties include the Evangelical People's Party, the Swiss Democrats and the Greens.

The name comes from the name of the canton of Schwyz, derived from the ancient German "burn".

Capital of Switzerland. Berne.

switzerland square. 41284 km2.

Population of Switzerland. 7300 thousand people

Administrative divisions of Switzerland. Switzerland is a federation of 23 cantons (3 of them are divided into half-cantons).

Form of government of Switzerland. Federal parliamentary republic. Each canton has its own constitution, parliament and government.

Head of State of Switzerland. The president is elected by parliament for a year from among the members of the government.

Switzerland's highest legislative body. Federal Assembly (bicameral parliament), consisting of the National Council and the Council of Cantons and elected for a term of 4 years.

Supreme executive body of Switzerland. Federal Council (government).

Major cities in Switzerland. Zurich, Geneva, Basel, Lausanne, Lucerne.

Official language of Switzerland. German, French, Italian, Romansh.

Fauna of Switzerland. Animal world represented by: chamois, marten, hare, marmot, fox, etc. For birds, the climate of the Alps provides a unique opportunity for fast seasonal ones, so there are a large number of them. There are many swans and ducks on the lakes and floodplains. A Swiss national park has been created along the border with Italy.

Switzerland is officially confederation(which means the union of several independent states), but in essence it is a federal republic, uniting several sovereign cantons under a single authority and with a single federal center.
This discrepancy arose due to the historical name of the country in Latin - Confoederatio Helvetica, corresponding to the state structure before 1848.

In 1848, a new Swiss constitution was announced, according to which several separate cantons united into a strong union state with a single political system. From this moment begins the modern history of Switzerland as a country with a complete order in the political system. The new constitution also laid the foundations federal parliamentary system which are still in effect.

Switzerland cannot be called a real parliamentary or presidential republic, as the country has unique rules in the state structure. Legislative power belongs to the bicameral parliament - the Federal Assembly, which is divided into the National Council and the Council of Cantons, which are completely equal. The National Council consists of 200 deputies elected for 4 years by popular vote. The Council of Cantons consists of 2 representatives from each canton and one from the half-cantons.

Any laws that are passed must be approved by the deputies of both chambers in order to minimize the risk of passing laws that do not meet the interests of the country's inhabitants. In addition, within 10 days after the adoption of any law by the Parliament, a national referendum is held, in which at least 50,000 signatures must be collected for approval. This is how the policy of direct democracy is implemented in Switzerland. Amendments to the Constitution are approved only through a nationwide mandatory referendum.

Members of Parliament appoint 7 members of the Federal Council, which is the government with executive power. Each year, one of these 7 representatives is appointed to the presidency, thus the head of state changes every year. The remaining members of the Federal Council head departments or ministries, one of them is also appointed vice president. The composition of the Federal Council is selected in such a way that it includes representatives of all major political parties and geographical regions of the country.

All government bodies are located in the capital of the country, the city of Bern. The Swiss Federal Court, which has the highest judicial authority, is located in Lausanne. Although this body is essentially the state's supreme court, it cannot declare federal laws unconstitutional.

Switzerland consists of 26 cantons and half-cantons, each of which has its own authorities and its own constitution, limited by the main Swiss constitution. Federal authorities decide questions of war, foreign policy, army, conducting the federal budget, railways. Executive power in the cantons belongs to the government council, consisting of several members - from 5 to 11 people, with the president at the head. In smaller cantons, the government operates on a voluntary basis.

State in Central Europe.
Territory - 41.3 thousand sq. km. The capital is Bern.
Population - 7 million people. (1998).
The official languages ​​are German, French and Italian, the state languages ​​are German, French, Italian and Romansh.
Religion - 46% of believers are Catholics, 40% are Protestants.
In 58 BC. e. The territory of modern Switzerland, which was inhabited by the Celtic tribes of the Helvetians, was conquered by the Romans. From 536 - as part of the Frankish state. The official founding date of the Swiss Confederation is August 1, 1291, when 3 cantons - Schwyz, Uri and Unterwalden - entered into a military alliance of friendship and mutual assistance and created an independent formation within the Holy Roman Empire. During the XIII - XVI centuries. 10 more cantons joined this union. In 1499, Switzerland gained de facto independence. In 1798 French troops entered the country. Congress of Vienna 1815 restored the national independence of Switzerland and proclaimed its "perpetual neutrality". AT civil war 1847 federal troops crushed the union of backward Catholic cantons. This made it possible to eliminate the remnants of feudalism and to centralize the country. In 1848, the Constitution was adopted, officially declaring Switzerland a federal state.

State structure

Despite the fact that the official name of the country is the Swiss Confederation, in terms of the form of government it is a federal state. It consists of 23 cantons, 3 of which are divided into half-cantons. Switzerland has a diverse system various forms local government and self-government; each canton independently determines the issues of their organization. Most cantons are administratively divided into districts and communities. In the small cantons and semi-cantons there are only communities. Each canton has its own constitution, parliament and government. The boundaries of their sovereignty are defined in the federal Constitution: "The cantons are sovereign to the extent that their sovereignty is not limited by the federal constitution. They exercise all rights that are not transferred to the federal government" (Article 3).
The current Constitution was adopted by referendum on April 14, 1999 and entered into force on January 1, 2000. It did not introduce radical changes in state structure country, but only combined the accumulated numerous amendments to the former Constitution of 1874 into a new text. Anachronisms have been removed from the latter and some new provisions have been introduced, which, as a rule, enjoy wide support among the population. Thus, the updated Basic Law includes articles that enshrine the rights of children, youth, and the right to strike.
According to the form of government, Switzerland is a parliamentary republic of the original type. Political regime- democratic.
Legislative power is exercised by the Parliament - the Federal Assembly, which consists of 2 chambers - the National Council and the Council of Cantons. The National Council consists of 200 deputies elected for 4 years by universal suffrage on the basis of proportional representation. The Council of Cantons has 46 deputies (2 each from the cantons and 1 each from the half-cantons); some of them are elected by local parliaments, some are appointed by the governments of the cantons. The term of office of members of the Council of Cantons is from 3 to 4 years. The Constitution establishes that regular sessions of Parliament are held once a year. They are convened by the federal government. Extraordinary sessions may be convened at the request of the government, members of parliament or several cantons.
Permanent and temporary commissions are formed as working bodies in both chambers. So, in the commissions, the initial consideration of bills, which are then submitted to the plenary sessions of the chambers, takes place. At the plenary sessions, after the discussion of the bill by the deputies, it is put to a vote. If a majority in both houses votes for it, the bill is considered passed. When the opinions of the chambers differ, a conciliation commission is formed from their representatives on an equal footing. If it does not come to a positive decision, the bill is no longer considered.
In addition to legislative activity "in all matters relating to the jurisdiction of the federation", the Federal Assembly is endowed with a number of other functions defined by the Constitution. It elects the government, the federal court, the chancellor and the commander in chief of the army. The Federal Assembly determines the budget, ratifies treaties with foreign states, has the right to declare war and make peace. Its competence includes the approval of the constitutions of the cantons and the adoption of decisions on measures to ensure the fulfillment by the cantons of their federal duties. The Federal Assembly is also empowered to decide on measures to protect "internal order" and to prevent the "threat to the Federation." It also controls the federal administration, the armed forces, and has the right to pardon. Control over the activities of the government is expressed mainly in the form of interpellations and consideration of the annual reports of the government on its activities. However, Parliament does not have the right to demand the resignation of the government or its individual members.
The supreme executive power is exercised by the Federal Council - the government of Switzerland. It consists of 7 people elected by the Federal Assembly. The government is formed from representatives of coalition parties that have a majority in parliament. The Federal Council is headed by the President, assisted by the Vice President. Both are elected annually by the Federal Assembly from among the members of the government. The same person cannot be elected President or Vice President 2 times in a row. The President presides over the Federal Council and acts on behalf of the federation in relations with other states. He has no other prerogatives compared to other members of the government.
Elections for members of the Federal Council take place every 4 years after the election of the National Council. Members of parliament elected to the Federal Council can no longer exercise parliamentary powers, and also be in the service of the federation or cantons. The powers of the Federal Council are quite extensive: it is in charge of economic, financial and social issues at the federal level, national defense, and intelligence. The government directs foreign policy, resolves disputes between the cantons over the application of federal law. He has the right to take emergency measures.
Certain powers are vested in the Federal Council in the field of legislation. He has the right of legislative initiative, considers bills submitted by the chambers of the Federal Assembly or the cantons, and gives opinions on them. The government can independently issue various normative acts, and in the exercise of emergency powers - generally binding resolutions. Government meetings are held every week, decisions are made unanimously. The management of various spheres of public life is distributed in the government between departments (internal affairs, foreign affairs, finance and customs, etc.).

Legal system

general characteristics

The Swiss legal system is part of the Romano-Germanic legal family. The first ever provisions of Swiss law proper were formulated in an agreement on the formation of the Swiss Union, concluded by free peasants of 3 cantons (Schwyz, Uri and Unterwalden) in 1291. This agreement, which laid the foundation of Swiss statehood, at the same time consolidated the principle of independence of legal systems and judicial bodies of each from the cantons. The only exceptions were questions of joint armed struggle against the Habsburgs, as well as uniform criminal prosecution of the most dangerous crimes - murder, arson, robbery. Over the next centuries of the existence of the Swiss Union, to which all new cantons successively joined (by the beginning of the 16th century there were 13 of them and until 1789 there were 13), in some of its parts there were their own collections of legal customs of urban and rural areas (urban and zemstvo law ). Unwritten customary law, the basic norms of which were announced by the elders of towns and villages on the eve of court hearings, over time began to be written down and even acquired a more or less codified character. For example, in the canton of Glarus, in 1387, a constitution and rules of judicial procedure were written down, and in 1448, a zemstvo code was issued. Such rules and codes were often borrowed by the cantons from their neighbors.
Over time, joint acts adopted by all or most of the cantons became an important source of law. For example, the so-called Priestly Charter of 1370 made a clear distinction between secular and ecclesiastical jurisdiction, and also forbade anyone living in the territory of the Swiss Union to apply to foreign courts with statements of claim, with the exception of certain categories of marriage and ecclesiastical matters, which are under the jurisdiction of the episcopal court in Constance.
As in other parts of medieval Europe, individual principles and norms of Roman law, as well as "Carolina" - a criminal code, published in 1532 by the Holy Roman Emperor Charles V. often served as a significant addition to local sources of law. mercenaries in foreign military service, "Carolina" was officially recognized as valid Swiss criminal law, and in 3 cantons it was subject to application to all citizens.
During the period of the Helvetic Republic (1798-1803), proclaimed on the territory of Switzerland after the entry of French troops there, a number of legislative acts were issued with the goal of creating and strengthening a "one and indivisible" state. Among them is the Criminal Code of 1799, modeled on the French Criminal Code of 1791. It abolished torture, mutilation and other corporal punishment, and instead of qualified types of death penalty (burning, quartering, etc.) introduced the guillotine. However, the abolition of the Helvetic Republic, the return of Switzerland to a confederation, and then (according to the Constitution of 1848) the formation of a federation of cantons led to the creation of such a legal system in which federal (general federal) legislation is in fairly certain (for a particular period), but historically changing relationship with the legislation of individual cantons.
With early XIX in. In Switzerland, there was a process of gradual displacement of outdated norms of medieval customary law, including codified ones, by legislative acts that were more in line with the capitalist relations that were developing in the country. At the same time, for a long time, the decisive role in the development of legislation belonged to individual cantons, and not to federal authorities.
Since, until 1814, Switzerland was dependent on Napoleonic France, its legislation was strongly influenced by French laws, primarily the Civil Code of 1804 (this influence was also felt many decades after Switzerland gained full state independence). Following the model of the French Civil Code, civil codes were drawn up in cantons with a French-speaking population. The cantons with a predominance of German-speaking citizens were guided by the Austrian Civil Code of 1811. Thus, for example, quite original civil codes of the cantons of Bern (1824) and Zurich (1853) were drawn up, which in turn served as a model for the codes of a number of other cantons. But at the same time, in several cantons throughout almost the entire 19th century. customary law remained the main source of law, including in the sphere of civil and commercial relations.
The process of unification of legislation in Switzerland began in essence only with the adoption of the Constitution in 1874 and, in particular, with the introduction of amendments to it in 1898, providing for the expansion of the powers of the federation and the transfer to its jurisdiction of the main issues of civil and practically all issues of criminal law. In the same 1874, the Federal Law on Civil Status and Marriage (subsequently repealed) was issued, and in 1881 the Federal Code of Obligations, which regulated a wide range of issues, primarily related to trade. The Code of Obligations, drawn up with the participation of the prominent Swiss lawyer I. Bluntschli, was aimed at facilitating civil circulation between multilingual cantons. Tendencies to unify legislation throughout the country were also revealed in the draft of the all-Swiss Civil Code, adopted in 1907. It was prepared by the famous Swiss civil lawyer E. Huber on the basis of a thorough study of the system and history of civil law of the cantons and taking into account the experience of legislation in the field of civil law in other European states.
The Swiss Civil Code became a significant milestone in the history of bourgeois civil law. In some countries, such as Turkey, it served as a model for the preparation of the reform of national legislation. This was largely facilitated by the simplicity and clarity of the wording of the Code, since it was drawn up based on its correct understanding not only by lawyers, but also by citizens (including non-professional judges). In addition, the Code was subject to translation and publication in all 3 official languages ​​- German, French and Italian.
The Swiss Civil Code came into force only in 1912, since with its adoption it was necessary to make many changes in the legislation of both the federation and the cantons, in each of which rather lengthy laws were issued to put the Code into effect. As a result, in the sphere of civil and commercial law, only separate, not so significant issues remained within the competence of the cantons (regulation of property relations between neighbors, between brothers and sisters, etc.).
During the validity of the Constitution of 1874, several dozen amendments were adopted to it, with the help of which the competence of the federation was consistently more and more expanded at the expense of the competence of the cantons. The powers of the federation bodies include the solution of the most important issues of state life, legislation in the field of finance, industry, transport, communications, labor, social insurance, civil and criminal law. The competence of the cantons, although they have their own constitutions, is limited on some of these issues only by the ability to issue regulations detailing or supplementing federal legislation. The most important subject that remains in the jurisdiction of the cantons is the regulation of the judiciary, the judicial procedure in civil and criminal cases and the activities of the police.
Among the sources of Swiss law, the main role belongs to legislation, and the Constitution occupies a dominant position in it. Questions about changing the Constitution, as well as about issuing other federal laws of national importance, should be put to a popular vote if this is required by collecting the signatures of 30 thousand citizens or the authorities of 8 of the 26 existing cantons and half-cantons (optional referendum). However, the government can declare the bill it has introduced "urgent" and thereby avoid a referendum. In recent decades, the adoption of by-laws (ordinances) by the government or, on its behalf, departments of the federation has become increasingly common.
After the Second World War, much work was done to codify the current federal legislation, culminating in the publication of a carefully prepared, thematically compiled Systematic Collection of Federal Laws adopted from 1848 to 1947. Those legislative acts that were not included in the 14 volumes of the Systematic Collection, from January 1, 1953 (the date the Assembly came into force) were considered invalid. Legislative acts adopted after 1947 are published in chronological collections and in additions to the volumes of the Systematic Collection. Since 1986, federal legislation has been published not only in French, German and Italian, as previously established, but also in a fourth language, Romansh. The cantons also have their collections of laws: in many of them there is a very long tradition of publishing well-prepared collections of this kind. They are published, as a rule, in the language of the majority of the population of the respective canton.
In addition to legislation, the source of law in Switzerland can be local and commercial customs, when this is expressly prescribed by the Civil Code, or if gaps in the law are found. Under certain conditions, judicial decisions, primarily issued by the Federal Court, can also act as a source of law. The Civil Code allows that if there are gaps in the law, judges have the right to "replace" the legislator.
Research on legal matters is carried out mainly under the auspices of the law faculties of the universities in Basel (founded in 1460), Bern, Geneva, Lausanne, Neuchâtel, Friborg and Zurich. Teaching is conducted in German or French(in Friborg - on both).

Civil and related
branches of law

Turning to the current state of the main branches of Swiss law, it should be noted that in regulating relations in the field of civil and commercial law, the decisive role now still belongs to the Civil Code of 1907 with laws and by-laws supplementing it. It consists of a small introductory chapter (10 articles) and 4 parts, which regulate the following issues: individuals and legal entities (Part I), family law (Part II), inheritance law (Part III), property law, including property issues, restrictions on property rights and possession (Part IV). As a section (or part V), the Civil Code often includes an independent Code of Obligations of 1881, which underwent significant revision in 1911 (on the eve of the entry into force of the Civil Code) and in 1936. It, in turn, consists of sections containing general provisions on obligations, norms governing certain types of contracts, obligations from offenses, the law of trading companies, including limited liability partnerships, the legal regime of securities, etc.
It is typical for the Swiss Civil Code to provide participants in legal relations, primarily private owners and their associations, with very wide opportunities to act at their own discretion when concluding contracts and creating legal entities. Restrictions are dictated only by the need to observe the most important interests of the state and society. The Code also provides for fairly wide limits of judicial discretion. An essential feature of Swiss legislation in recent decades is often the simultaneous regulation of substantive and procedural law (for example, in 1985, such additions to Article 28 of the Civil Code regarding the protection of citizens' personal rights came into force).
AT last years the process of revising the norms of the Civil Code regulating issues of family law and inheritance began. Extended rights married women, including in inheritance (laws 1984 and 1987), a reform is being prepared in the area of ​​the divorce procedure and its legal consequences. Trade law and the activities of companies are regulated by the norms of the Civil Code and, in particular, the Code of Obligations, as well as a number of other federal laws: on banks of 1934 (contains rules on the protection of "bank secrecy", the disclosure of which is declared a crime), on cartels of 1985, on unscrupulous competition of 1986 (aimed at creating conditions for fair competition "in the interests of all participants in the trade turnover").
The powers of the federation include the regulation of major issues labor law. Since 1911, the Code of Obligations contains norms on the collective labor contract. These norms have been repeatedly changed (in particular, as a result of the reform of 1956), and now it is mainly the collective agreement that determines the wages and working conditions of workers (some provisions on labor protection are formulated in cantonal legislation). It is a common practice for employers to commit themselves in collective agreements not to resort to lockouts, and for workers to waive their right to strike in return.
Social insurance issues are regulated for the most part at the level of federal legislation, however, for certain types of insurance, the cantons are free to determine how mandatory it is. Social insurance systems, funded jointly by the federal and cantonal authorities, private institutions and public organizations, as well as by the insured themselves, did not develop for the most part until after the Second World War. Pensions and benefits are paid for old age, for the loss of a breadwinner, for disability, illness, etc. Since 1951, insurance against accidents at work and the payment of unemployment benefits have been introduced. Environmental matters are regulated in Switzerland both by federal law and by cantonal regulations. Created in 1971 federal government environmental protection authorities have been established in each canton. At the federal level highest value in this area they have the following acts: on the protection of waters - 1955 and 1972, on the protection of nature and landscape - 1966, on national parks - 1980, on hunting and protection of birds and mammals - 1986 and, finally, the 1988 decree on emergency measures for the conservation of forests.
Since the Constitution of the Swiss Confederation left justice issues in the jurisdiction of the cantons, there are 26 cantonal codes of civil procedure in the country and the corresponding federal Code of Civil Procedure of December 4, 1947, which regulates the procedure for hearing cases in the Federal Court. These codes were adopted in different time and reflect local characteristics, but they also have a lot in common: they all recognize the possibility for the parties to freely formulate their claims and allow a fairly active role of the judge, in particular, in family lawsuits and small property disputes, if the parties are not represented by lawyers. The arbitration procedure, which is often resorted to by participants in commercial transactions, is now regulated by the 1969 Inter-Cantonal Arbitration Convention (almost all cantons have joined it).

Criminal law and process

The development of criminal law in Switzerland after the abolition of the Helvetic Republic and its legislation in 1803 was determined by conflicting trends - towards particularism (initially stronger) and towards the unification of cantonal legislation, which was dictated by the needs of more effective fight with crime (eventually it prevailed). Some cantons after 1803 retained the Penal Code of the Helvetic Republic as cantonal law, others declared the medieval "Caroline" as their current criminal and procedural law. Finally, in a number of cantons were published in 1803 - 1848. own criminal codes, drawn up under the strong influence of the legislation of neighboring states, primarily the French Criminal Code of 1810, the Austrian Criminal Code of 1803, the Bavarian Criminal Code of 1813. 1853 Swiss Union Criminal Law Act. This Law consisted of the General and a small number of norms of the Special Part, establishing responsibility for national crimes. Its adoption stimulated the renewal of criminal codes in many cantons (some of them followed the model of the German Criminal Code of 1871). However, in 2 cantons, even in the 20th century. common law continued to apply.
At the end of the XIX century. In Switzerland, work began on the preparation of a draft general penal code, which was supposed to completely replace the cantonal penal codes. These works were headed by the Bernese professor Karl Stoss. His project, based on comparative analysis cantonal and contemporary foreign criminal law, in 1896 was approved by an expert commission. As a result, after a popular referendum, Article 64 bis was included in the Swiss Constitution in 1898, declaring that "the Union has the right to legislate on matters of criminal law." However, the publication of the all-Swiss Criminal Code, despite the presence of the project of K. Stoss, was delayed for several decades, during which more than one preliminary draft was drawn up. After a discussion that began in 1928 and ended in 1937, the Federal Assembly approved the text of the "Civil Criminal" (as it is called in contrast to the Military Criminal) Code. In contrast to the Civil Code of 1907, it had to be put to a national referendum, since about 70,000 voters demanded it. Entrance of the referendum "for" expressed 53% of the voters. It entered into force on January 1, 1942, after the authorities of each canton issued laws on its entry into force. The jurisdiction of the cantons (according to Article 335 of the Criminal Code) remains only the establishment of penalties for certain minor criminal acts not provided for by the federal Criminal Code, for violation of cantonal administrative and procedural regulations, as well as cantonal tax legislation.
The Swiss Criminal Code reflects contradictory trends in the development of bourgeois criminal law, connected primarily with the ideas of the sociological school of criminal law, one of the prominent representatives of which was K. Stoss. The Code has established wide limits of judicial discretion in the choice of punishment (other measures). At the same time, the introduction of the Criminal Code of 1937 was associated with the implementation of a number of liberal reforms: the death penalty for common crimes was abolished (before that it had been retained in some cantons; the death penalty was completely abolished in 1992), the scope of probation and probation was expanded. early release, etc.
The contradictory tendencies in the development of Swiss criminal law are also evident in the reforms to which the Code has undergone since its entry into force. Thus, in 1950, the sanctions for crimes of a "political nature" were strengthened and, at the same time, the possibilities for issuing conditional sentences were expanded. In 1966, norms were introduced into the text of the Criminal Code aimed at strengthening the educational impact of imprisonment imposed on minors and young people under the age of 25 years. In 1971, a major reform of the system of punishments was carried out: in essence, the differences in conditions of detention in a hard prison and in "ordinary" imprisonment were abolished, the widespread use of the "semi-freedom" regime for prisoners was provided, the separate detention of persons sentenced to imprisonment for the first time, and etc. Subsequent reforms of the criminal law concern mainly changes in the Special Part of the Criminal Code (in particular, punishments for participants in armed robberies and other violent crimes have been increased).
The regulation of criminal (as well as civil) proceedings is within the competence of the cantonal legislature, with the exception of the activities of the Federal Court, guided by the rules issued by the federal authorities (the most important act among them is the Federal Law on Criminal Justice of 1934 with subsequent amendments). The cantons have their own judiciary laws and codes of criminal procedure, most of which have been significantly updated since the Second World War. During these reforms, some rights of the accused were expanded, but at the same time, the procedure for investigating cases of minor crimes was significantly simplified, in particular, the possibility was established for the application of penalties by the police without taking the case to court. In the sphere of regulation of the cantonal authorities are also issues of execution of sentences, including those related to deprivation of liberty, although a number of very important norms in this area have been included in the last decades in the all-Swiss Criminal Code.

Judicial system. Control bodies

The Swiss judicial system includes federal courts (only at the highest level) and cantonal courts, both of which can apply both general Swiss law and the law of individual cantons.
The Federal Court, which traditionally sits in Lausanne, consists of 26-28 judges and 11-13 their deputies - all of them are elected for a period of 6 years by the Federal Assembly (re-election is allowed). In the composition of the court, according to the Constitution, all 3 official languages ​​​​of the federation must be represented. The chairman and vice-chairman of the court are elected by the Federal Assembly every 2 years (without the right to re-election) from among the senior judges in terms of age and experience. As part of the Federal Court, which almost never meets in full force, there are permanent chambers of 5-7 judges each. 2 of them deal with constitutional and administrative law, 2 with civil law, 1 chamber deals with debt collection cases and 1 with bankruptcy cases, and finally, the chamber, called the Court of Cassation, deals with criminal law issues. In addition, if necessary, other chambers are created - on a temporary basis.
The competence of the Federal Court includes consideration as the first and only instance of constitutional disputes between the authorities of the federation and the cantons, between the cantons, as well as citizens' complaints about violations of their constitutional rights. The Court shall adjudicate civil law disputes between the federation and the cantons among themselves, with associations and citizens, as well as other civil disputes, if both litigants so request and if the amount of the claim reaches the amount established for a given period. The federal court hears in first instance, with the participation of a jury, criminal cases of treason, crimes against international law, crimes and misdemeanors of a political nature, and crimes of federal officials. It acts as the highest court of cassation in civil, criminal and administrative cases, hearing appeals on matters of entitlement to decisions and sentences of the higher courts of the cantons (there are some restrictions on applying to the Federal Court).
As a relatively independent division of the Federal Court, the Federal Court of Social Security sits in Lucerne. It consists of 7 judges and hears appeals against decisions of the cantonal courts in matters of pensions and benefits.
The judicial systems of individual cantons, enshrined in their constitutions, are notable for their considerable originality, which is expressed even in the names of the respective judicial instances. Thus, the highest courts of the cantons can be called cantonal, supreme, cassation or appeal. In most cantons they act as the highest court to which decisions and sentences of lower courts can be appealed, and only in a few cantons do they hear certain categories of civil and criminal cases at first instance. The lower courts in civil cases are either justices of the peace, which consider small claims, or district courts (sometimes called courts of first instance), which hear the bulk of civil cases (with a relatively small amount of a claim, the case is usually heard by a single judge). The first instance in criminal cases is either police courts, in which a single justice of the peace hears cases of minor criminal offenses, or correctional tribunals (composed of 3 judges) in cases of crimes and misdemeanors of medium gravity, or, finally, jury courts - according to serious crime cases. Criminal offenses and misdemeanors by teenagers are dealt with in juvenile courts.
In some cantons, usually larger ones, there are also other specialized courts. In particular, commercial courts have been set up to deal with commercial disputes, which include both professional judges (usually 2-3) and representatives of business circles elected by cantonal councils. Labor disputes are dealt with by labor courts, which are composed of a professional judge and representatives of employers and employees. In 1-2 cantons there are also property rental courts. In a number of cantons and at the federal level, there are special bodies (commissions, etc.) of administrative justice.
Judges in the cantons are elected to their positions either by the population or by cantonal councils for various terms (from 3 to 8 years), with the exception of a number of cantons, where judges of lower courts are appointed by higher courts. In the lower levels of the judiciary in many cantons, the positions of judges are held by persons who do not have a legal education.
The investigation of criminal cases is carried out by the police under more or less strict, depending on the canton, the control of the prosecutor's office. The prosecution in court is usually supported by the cantonal prosecutor (he is appointed by the cantonal authorities) or his representatives. In the Federal Court of Justice and in some cases in the cantonal courts, the prosecution is supported by a federal prosecutor (appointed by the Swiss government) or other officials of the federal prosecutor's office.
In most cantons, defendants in criminal cases can only be defended by professional lawyers who have a university degree in law and have been admitted after passing the relevant examinations to the cantonal bar associations. Civil litigants are also often represented by professional lawyers, but in some cantons and in Federal Court cases their participation is not considered mandatory.

Literature

Swiss Criminal Code. M., 2000.