Name
Rasskazov Leonid Pavlovich
Scholastic degree
•
Academic rank
professor
Honorary rank
—
Organization, job position
Kuban State Agrarian University
Web site url
—
—
Articles count: 13
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
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
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
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 shows that the legal system of Soviet state was considered as a type of social legal family. The author analyses the main approaches to the relation of modern legal system of Russia to the corresponding legal family and shows civilized
peculiarities of Russia
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
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
The article discusses various criteria for the
classification of legal systems. Special attention is
drawn to the civilizational approach, which can be
effectively used in the classification of legal
systems. In accordance with the civilizational
approach in the world there are many civilizations,
developing according to its own laws (for example,
the Scythian civilization, ancient Egyptian, etc.). In
accordance with this approach the history of
mankind is a history of the development of
civilizations. There are different definitions of
civilization. In generalized form is a community of
people with particular characteristics in the socio -
political organization, economy, culture. All States
from the point of view of the civilizational
approach can be divided into two types: Eastern
(China, India, the Empire of the Incas, etc.)
characterized by Marx as the "Asian mode of
production"; the Western, or progressive (especially
European countries). Each of these types has its
historical features. In turn, each of these types has
its own legal family. It appears that the basis for
determining the classification of legal systems is a
normative element of the legal system, including
law, legal principles, sources of law, legal system,
legislation, legal techniques. But this criterion can
be applied in one and the same type of civilizations.
In accordance with the criterion of the country of
the Western type, can be divided into two large
families: the Romano-Germanic and Anglo-Saxon.
It should be noted that globalization processes in
the modern world lead to the convergence of legal
families. In particular this applies to the RomanoGermanic
and Anglo-Saxon legal families, between
which there is a gradual disappearance of the
traditional differences
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