Scientific Journal of KubSAU

The process of Anglo-Saxon law system development has been considered in the article. The main sources of Anglo-Saxon law have been analyzed and the interrelation of law and judicial precedent has been taken up

Features of judicial precedent are revealed in the article and its determination in classical view is given as well. The relation to the precedent law in Russian state on different stages of its historical development: in prerevolutionary Russia, in Soviet state and post-Soviet Russia has been shown

Features of judicial precedent are revealed in the article and its determination in classical view is given as well. The relation to the precedent law in Russian state on different stages of its historical development: in prerevolutionary Russia, in Soviet state and post-Soviet Russia has been shown

The article shows that in new and the newest time in Germany and France the normative element of legal system has been formed, basic features of which are the same for both countries. At the same time the author indicates to differences in normative element of legal systems of Germany and France. There were considered the specificity of national legal systems of Italy and Spain

In the article we examine Roman-Germanic legal family. Sometimes this legal family is called the family of continental legal systems, which underlines the fundamental difference of RomanGermanic law, which arose on the European continent, from common law, arising also in Europe (in England), but outside of that continent. The legal family is called family civil rights arising from the Latin term "civil law" or "civil jus", meaning the use of Roman law for only Roman citizens or "cives". In this case, the article shows the huge impact of Roman law on the law of continental Europe. Roman-Germanic legal family is the most common in the world. It includes the countries of continental Europe, Latin America and many other countries. In such a vast country we can allocate appropriate legal panel involving certain national legal systems that have similar features. Such legal groups, the author classifies: Roman; Germanic; the legal group of the Scandinavian countries; the legal group of the Eastern European countries; the legal group of countries of Latin America and Africa. Among them, we can highlight the legal group of the Scandinavian countries, which has its own specifics. The article discusses a feature of the legal systems of the countries of Scandinavia

In the article we have shown the origin and development of comparative method in theory and practice of jurisprudence; we have also considered the history of comparative science of law. It has been proven that in the result of historical development in modern science of law there was appeared one of the more developing phenomena of legal mind-comparative science of law

The article presents the concept and features of globalization. It is noted that globalization is a historical phenomenon. It is prepared by history as the result of a long process. This process is valid for the mankind throughout its history, occurring in different forms, scales, with varying degrees of intensity. It is emphasized that modern globalization was prepared by many phenomena of history, which are divided into positive and negative. Positive associated with the natural expansion of the boundaries of the world market, strengthening of democracy. Negative – with the predatory actions of transnational corporations, the unipolar world, and as a consequence, often enforced by the introduction of the values and lifestyle of Western democracy around the world. Globalization has an impact on state sovereignty. It is noted that in the context of globalization, the process of voluntary limitation of state sovereignty by mutual agreement with other States, but, at the same time, the process and the empowerment of its sovereignty, because the state has the authority to participate in solving problems that were not in the scope of its sovereignty. Globalization affects the law of all modern countries. Russia is no exception. In Russia, as in other countries, the relationship between national and international law increases, strengthening the position of the international law. This process can be named with the term of "internationalization" in the legal literature. During this process, appropriate forms of internationalization (legal instruments) can be applied: harmonization, unification, reception, implementation and standardization

The article reveals Lenin's idea of nationalization, which was justified by Lenin at the end of 19th and early 20th centuries on the basis of the Marxist doctrine. The author has shown that (supported by the Russian Social-Democratic Party (Bolsheviks)), this idea has become materialized, leading to the fact that all the land was declared public property, one of the state fund, which on behalf of the State can be disposed by the Soviet authorities of different levels

The article discusses the Genesis of Islam and its role in the development of Muslim law family, highlights the main sources of Muslim law legal families. It is noted an important role of standards in Islamic law developed by the theologians of the activities in the process of interpretation in filling gaps in the law. All this has led to the emergence of different schools or sects, which contributed to the creation of many ideologically warring with each other Muslim sects. The followers of these movements convince their supporters that the rest courses are false. The article notes that currently, in general, the Muslim law has not lost its position. Modern Islamic community of the world has about a billion and a half followers. The Muslim law has not only maintained its position, but also extends its sphere of influence. Islam – the youngest world religion - enters the countries whose people earlier professed Christianity, Hinduism, Buddhism, etc., the Followers of Islam, moving to other countries, almost do not assimilate. So, the Islamic community in Europe is practically not subjected to European influence. Some of the legal institutions in a number of non-Muslim countries are subjected to Islamization. In some countries, Islamic law is not considered as legally valid, but it works in fact. This happens in the Muslim enclaves of Europe, it is happening in Russia, particularly in the republics of the North Caucasus

Peculiarities of constitutional system formation in Germany and France in new time are revealed in the article. It is shown that the political events in one state indirectly affected the legal system of another state