Scientific Journal of KubSAU

The article discusses the Genesis of Islam in prerevolutionary Russia and its features in the North Caucasus. One of the features of the adoption of Islam was that this process was delayed by more than a Millennium. Another feature of the adoption and functioning of Islam in the North Caucasus is also the fact that Sharia here, teaming up with local legal customs (ADAT) and then with Russian legislation, creating a unique system of regulating social relations. It covers the process of entering the North Caucasus in the legal space of Russia, it also notes the role of Sharia and ADAT in the legal regulation of social relations in the North Caucasus in the Russian Empire, the Soviet and post-Soviet Russia. Taking into account historical experience, it can be assumed that the inclusion of certain provisions and principles of Islamic law and ADAT in the Russian legal system – the likely future development of legislation of a number of republics of the Russian Federation, in particular in the North Caucasus. It is noted that Islam in general is on the side of law-obedience and loyalty to authority, willing to respect share his or her values. Therefore, the introduction into the consciousness of the Russian Muslims the true values of Islam will contribute to the fight against international terrorism. Pacifist orientation of Muslim religious organizations, debunking Islamist myths, makes them an ally of the state in the fight against terrorism is of considerable interest because it is the peaceful alternative to militant Islamism

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 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

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 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

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 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

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

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

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