Models of Usurpation of Power: the Constitutional and Legal Analysis.

The change of power is peculiar to any state with a republican form of government. However, mankind could not avoid the illegitimate way of coming to power. Despite the fact that the illegitimate way of gaining power is a frequent phenomenon, even the legal literature lacks an attempt of balanced and systematic interpretation of the concept of usurpation of power. The paper presents the constitutional and legal analysis of the issue of usurpation of power, as well as theoretical comprehension and description of models of usurpation of power. This requires studying the existing literature on the topic, determining the meaning of the concept of usurpation of power through the terms "seizure of power" and "appropriation of authorities", analyzing historical examples of usurpation of power and, on the basis of analysis, identifying models of usurpation of power that existed in different historical epochs, as well as determining the model of usurpation of power which is relevant for the present time. Conclusions. The concept of usurpation of power can be derived through the definition of close terms - seizure of power and appropriation of authorities; it is ambiguous and can be viewed from different sides depending on the usurpation model used. Various models of usurpation of power were used in the history of mankind. In different epochs and in different countries, researchers have differently assessed the models of usurpation of power used and, in general, ways to obtain power. But on the whole, it was not difficult to distinguish between usurpation and legitimate acquisition of power (it was more difficult to assess subsequent activities of the usurper, which somehow neutralized the fact of usurpation). Today, it is extremely difficult to distinguish usurpation from legal, more precisely, legitimate acquisition of power, as it has become common for usurpers to appeal to outwardly legal and democratic institutions and procedures.