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 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