f 1 907, which fixed the main civil rights, the principle of division of the powers alongside with conservation of the significant political prerogatives of the shah and shiit clergy [10]. In 1 911 there was adopted the electoral law, in which there were fixed such principles of the electoral r law, as general, direct and secret elections on the proportional base, canceling the property requirement.2 of Additions to the Main Law provides the council from five ulems (the Islamic theologians), which task was realization of check on discrepancy of the adopted laws to the principles of Islam. In 1978, in conditions of the growing political crisis shah Mohammed Resa Pehlevi offered to found the given body, however this initiative failed. Quite often the head of the state applied the right of dismissal of the Iran parliament -Medszelis, whose legislative activity was under checking of the Shah government.the forcible dethronement of the dynasty Pehlevi on February 11, 1979 there was organized the referendum on the question of the future state system, on which results Iran on the April 1 of the same year was proclaimed Islamic Republic. The conceptual bases of such state have been worked by the leader of the anti-shah leader Ayatollah Ruholla Musavi Homeyni and in detail stated in the work the way of ruling in the Islamic Republic laquo ;. Here the author initially postulated the need of formation of the Islamic state possible in two variants. First provided leadership of the state on the part of the hidden imam Mahdi or niominated by him. In this case Homeyni did not motivate the choice of the form of ruling, as Mahdi personally installs the laws, appoints executive and judicial bodies, leads the army and its arms, organizes the finance. He brings into operation whole mechanism of authorities, the whole administrative and financial system .second variant is connected with absence of the true" imam, under which the most identical for Iran shiits, according to Homeyni, there can be solely the Islamic republic as the democratic system, the people possess the sovereignty, and the people express the general will to elect the state bodies and to deliver them the power. In this connection, in the printed additions of the study of the East there was noted that in this concept Homeyni has come into opposition with the leading concept of the shiit direction in Islam about hereditary nature of the power, which can possess solely descendants of the prophet.argumentation of the legitimacy of electoral bodies of the power Homeyni actively applied the theoretical arsenal of the Islam law and theologies:
the thesis about that fetvs of those is worthy to stand them in accordance with Shariat to proclaim the Islamic resolutions, should be performed by all, who do not possess such qualities;
the position about the council, according to which, when arising doubts on any question should be put on discussion;
the key position about the supreme mission about the Islamic lawyer of high rank ), according to which, those who correspond to the rank of mudzhtechid [11] and possesses the brilliant ability of interpretation of fundamentals of Islam, is given the right of authorities on the part of property and citizens of the society raquo ;. In spite of the fact that this power is not equivalent to authorities of the true imam, it is wholly sufficient for governing affairs of the society;
the thesis about the necessity to do well and to remain from evil action. Homeyni noted that its details are stated in the book of fikchs, in which there are considered conditions, borders and the spheres of its application .. Homeyni classified the bodies of power in the Islamic republic as follows: the body of decision making, founded on the Shariat; the consultative body; the executive body of the power. The body of decision making was made as the specific symbiosis of the legislative body and the body of the constituent power, consisting of the most authoritative theologian. The decisions in the form of unanimously taken fetvs in the established order should be founded solely on the Islamic firsthand books (Koran, Sunne), to regularize them and to bring into action. After decision making on the disputable question the rest standpoints were necessary to be given to oblivion moreover supporters of these or that mudzhtechid should not know, to whom from the composition of this body the project of the decision belong.consultative body was provided as strictly parliament , which deputies were elected by the people raquo ;. On the bases of fetvs, taken by the body of decision making, parliament must discuss different projects of the state affairs raquo ;, to take them in accordance with needs of the country and to send them to the executive body. In composition of the parliament there was reserved representation of...
