Правотворчество государства в странах романо-германской правовой семьи

Abstract

The article is devoted to the concept and types of legislating
 in the modern theory of law is studied here. The problem of
 determining the legislating process as an activity directed on creation
 of the legal act called the most significant element of the structure
 of existing law is also risen here. Such approach is explained by the
 feature of the Romano-Germanic law, which by its nature and character
 is a statutory law, led by the main law. Relying on comparative
 researches, the article discusses in detail the form of legislating directly
 related to the activities of the State law-making, by-laws making
 and judicial legislating. Legislation for the Romano-Germanic
 law, due to the postulates based in the Roman law, is one of the most
 significant kinds of legislating. A very important role, along with
 legislating plays by-laws creating, otherwise legislating of the executive
 bodies. Analyzing the controversial issue of judicial legislating
 in the Roman-Germanic legal family, the author points out the
 different role of the court depending on either Roman or German
 group is ment. For the Roman legal family court practiceis a source
 of law, which is the most significant. The article concludes the overview
 of the forms of legislating related to the activities of the state
 indirectly. These include contract legislating and legislating of legal
 custom.