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 defines several theoretical and practical issues of the execution of the notaries actions based on the comprehensive review of the norms of the effective legislation on notaries, drafts of Federal Law “On notary and notaries service in the Russian
Federation”, and legal practice
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
The article is devoted to the history of establishing criminal liability of legal persons in the Russian legislation. The author justifies the need for a more detailed analysis of the concept of criminal law fixing a legal person as the subject of crime in criminal law of Russia the modern period. To substantiate these stories of criminal law, the authors cite as an example a number of legislative provisions of the Russian legal space in the plane of a retrospective analysis of the previous period of rulemaking and legislative process. The authors investigated the criminal reflection of legal entities in the period of time until the twentieth century. Work includes links to many of the views of leading scientists in the study area, at different stages of development of the state. This submitted for publication article is the first of a series of articles, the authors intend to publish in the future. Historical heritage monuments in Russian law are the starting point for the study of a gradual process complexity and improve analyses Institute. Relevance of the themes on display determines the vector of state policy in the field of globalization of the legal space. Modern Russian criminal law, according to the author, must contain a declaration of the legal person as the perpetrator
The article covers the problems of the classification of
the crime under Article 159.1 of the Criminal Code of
the Russian Federation, and its delimitation from
certain related offenses. The article analyzes a
definition of the area of lending as well as the
definition of a bank or any other lender. The article
also analyzes a subject of a crime and the subjective
aspect of a crime. The author pays special attention to
the analysis of the ways (methods) used to commit
fraud in the area oflending. The article considers the
question of whether the known to be false or
misleading information provided to a bank or other
lender is the evidence for the crime stipulated by
Article 159.1 of the Criminal Code of the Russian
Federation. The article encourages the exchange of the
opinions upon the problem of the application of the
law on fraud in the area of lending. The author
indicates the need for some changes in Article. 159.1
of the Criminal Code of the Russian Federation and the
adoption of a new resolution of the Plenum of Russian
Supreme Court, which will resolve difficulties in
qualifying fraud in the area of lending
The article studies the questions of the essence and the legal nature of the legal category of “abuse of right” and “circumvention of law”. On the basis of the study the article presents the author's notion of circumvention of law as a form of abuse of the right
The article contains the analysis of the modern international law on the subject of revealing the reasons for incompliance of its core principles, as well as the author’s point of view on the means to solving the problem and possible ways out of the crisis
Today, in Russia, there are many processes of
reforming local government. One of the most pressing
issues in this area of legislation is the institution of city
manager. This article contains the distinctive features
of the voting of City Manager, requirements for a
candidate for the position, rights, duties and powers,
opinions of scientists on the issue in the sphere of local
government, City Manager abroad, the question of the
legal status of City Manager in the Kuban region and
our own position about the problem. The purpose and
objective of this work is to study legislation in this
area, display trend developing, drawing up the positive
and negative aspects of local government reform. We
used a number of different levels of laws regulating
relations of Municipality. For example, such as 131-
FZ about Local Self-Government, the Criminal Code,
the law on local self-government in the Kuban region,
as well as sentences of courts of different instances. A
distinctive feature of this article is the responsibility of
City Manager, and exactly what is waiting for if he
breaks the law, and also judicial review
The article is devoted to the questions connected to
the buying and selling quarters contract’s
peculiarities investigation, corresponding to the
economy class living rating conditions.
It is specified to the factors which are the obstacles
for the accessible and comfortable housing in
Russia. As a result, it is found out that the following
relations regulated by the Federal Law, not by the
Civil Law. Peculiarities of such kind of contracts, at
first, connected with the object of contract’s
investigation. As a reason, it is necessary to work out
and affirm conditions when living quarters
correspond to the economy class living rating.
Special attention in the following article is paid to
the specification of the conditions. One of the
important things, which characterize the contract, is
its subject compound. While law investigation it was
found out parties of the buying and selling living
quarters contract, corresponding to the economy
class living rating conditions. We have also brought
out the citizens’ class, having right to purchase
economy class living. We have determined them as
poor families, having many children and law level of
income citizens