Name
Rasskazov Leonid Pavlovich
Scholastic degree
•
Academic rank
professor
Honorary rank
—
Organization, job position
Kuban State Agrarian University
Web site url
—
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Articles count: 13
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
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 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