К вопросу об отнесении российской правовой системы к романо-германской правовой семье

Abstract

Russian legal system is like the legal systems of the countries of the Romano-Germanic legal family on formal grounds. The Russian legal system, as well as the legal systems of the Romano-Germanic legal family, are characterized by such features as the influence of Roman law on the formation of the legal system; recognition of a normative legal act as the main source of law, among which the law occupies the supreme position; codification of the current legislation; division into public and private law and division of law into branches. When writing the article, the author used the following methods: system analysis, dialectical, logical, comparative, analysis and synthesis, induction and deduction. She got the following results: - the Romano-Germanic legal family developed regardless of the tendencies of increasing the centralization of power and the achievement of political goals; - civilizational flows from Europe and Asia influenced the development of Russia. The Golden Horde also had a considerable influence. In society, relations of citizenship were established, as in the East, and not those of vassalage, as in the West. The main difference between the formation of Russian society and the West lies in the fact that in the Russian state there was a steady process of leveling the individual, destroying the autonomy of society and complete subordination of the subjects to the power of the Grand Duke and Tsar; - the most important feature of the Romano-Germanic legal family is the reception of Roman law; - Roman law had less influence on the Russian legal system; - the peculiarity of historical development led to the differences in the essence, content and structure of Russian law and the legal systems of the Romano-Germanic legal family; - the Romano-Germanic legal family is based on natural law. A clear division into private and public law and branch division is typical; - the law in the countries of the Romano-Germanic legal system is considered as a means of maximally clear presentation of the rules of law based on natural law principles that ensure their uniform implementation and application; - in the Russian legal system since the days of the USSR, the importance of a law was the most natural way of creating the law, which at the same time is identified with the will of the ruling class, which does not always meet the real needs of society, its level of development; - a tendency to legal nihilism has always characterized legal consciousness in Russia; - the presence of formal and legal similarities between the Russian legal system and legal systems of the Romano-Germanic legal family makes it possible to move toward their rapprochement not only in terms of formal but also on substantive characteristics. The author declares no conflicts of interests.