Ivshina I.N. Federalization in the States of Different Legal Systems: General and Special

Abstract: The subject of this study are historical and legal experience of establishment of a federal form of state-territorial structure (federalization) in more than fifty countries belonging to different legal systems of the world. More than half of these countries are federations at the moment. We investigated the background and reasons, the process of federalization, complex constitutional and legal provisions, what was consolidated the basis of federalism in the federations of the Anglo-American, the Roman-Germanic (including Latin American and the former socialist federations), and Muslim legal systems. As part of a holistic systems approach applied comparative legal, historical, legal and formal-legal methods, methods of system analysis and multivariate determinism in conjunction with the principle of historicism. The study highlighted features of the federalization of each legal system, as well as the general features of the federalization of any state, regardless of belonging to any legal system. The latter include: the need for a set of preconditions which have developed in different areas of public relations; the objective reasons of federalization; the passage of the three mandatory stages of federalization: protofederalizm; constitutional recognition of the federal structure, ways of reconciling the interests, legal dispute mechanisms, the guarantees the integrity of the federation; establishment of the institutions of Federal State on the basis of a written federal constitution which came into force.

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