Anglo-Saxon Legal System Research Articles

The use of electronic evidence in the criminal process of foreign countries

It is emphasized that electronic evidence has become indispensable for criminal investigations and trials around the world. The importance of legal regulation of the criminal procedural form of digital technologies is emphasized. The improper nature of such regulation entails certain legal consequences, including the recognition of electronic evidence as improper or inadmissible. The experience of some foreign countries in the field of recognition and use of electronic evidence (the USA, Great Britain, the People’s Republic of China and the countries of the European Union) is analyzed. It has been proven that each state builds its own way and approach to incorporating such evidence into its legal systems depending on legal traditions, technological infrastructure and privacy considerations. From the analysis of procedural codes, it was noted that procedural science develops a theory of electronic evidence according to the industry principle. It is emphasized that they are based on common digital technologies, therefore this provides an opportunity to develop uniform cross­industry rules for the use of electronic evidence in any process. It was determined that in the Anglo-Saxon legal system there is no clear division of evidence into types. Evidence law is based on typical problem situations. The US legislation, which regulates the use of electronic evidence in the criminal process, is analyzed. It is noted that the condition for their acceptance is its authenticity and relevance to the case. It is noted that in the UK, all electronic evidence is subject to the same rules and laws that apply to documentary evidence. The legislation of the European Union, which regulates electronic evidence and allows to strengthen cooperation between member states in the field of using electronic evidence, is analyzed. It is emphasized that as states continue to adapt to the age of digital technologies, the development of a reliable legal framework and international cooperation will be essential to ensure the effective and fair use of electronic evidence in the pursuit of justice.

A comparative legal study of the practice of considering legal disputes related to the use of artificial intelligence in the Anglo-Saxon legal system and Russia.

A comparative legal study of the practice of considering legal disputes related to the use of artificial intelligence in the Anglo-Saxon legal system and Russia.

Perbandingan Pengaturan Tata Hukum Antara Indonesia dan Amerika Serikat

Perhaps the most important development in patients' rights has been that in Indonesia and the United States regarding the doctrine of informed consent. Embracing the Continental European legal system, the doctrine of informed consent in Indonesia is articulated in Law No. 36 of 2009 on Health, Government Regulation No.32 of 1996 on Health Worker, Law No.29 of 2004 on Medical Practice, and Law No. 8 of 1999 on Consumer Protection. It is also specifically regulated by Health Ministerial Decree No. 29 of 2008 regarding Medical Action Approval. This doctrine requires physicians to share certain information with patients before asking for their consent to treatment. The Court in the United States of America used the term of informed consent to describe the physicians obligations to provide information. The legal consequences if informed consent is not given, it is considered as an act of abuse (intentionally) to the patient. According to Rule of law in the United States that physicians have to open all the information about all the necessary facts, so that patients can determine appropriate treatment options. Tort Law in Anglo-Saxon legal system, similar to "act against the law" in the Continental European legal system. This article examines a comparative study of informed consent in the Indonesian Health Laws and regulations and those of the United States.

Medicine in the Digital Era: Legal Aspects of the Use of Cell and Gene Therapy in Foreign Countries

The paper examines the experience of legal regulation of the use of cell and gene therapy products, including CAR-T technologies, in the Anglo-Saxon legal system. It is noted that a significant obstacle to the development of CAR-T therapy, as well as cell and gene therapy in general, is the absence in most countries of the world of comprehensive legal regulation of the use of such innovative methods of treating diseases. Currently, this problem is relevant for the Russian Federation, where cell and gene therapy drugs are actively being developed. The paper provides a detailed overview of the main relevant documents from Australia, the United States of America and Canada, analyzes specific cases illustrating successful law enforcement practice, and examines the mechanisms of self-regulation in the area under study. In conclusion, the authors formulate the key problems and ways to improve legal regulation as to cell and gene therapy drugs application in the Russian Federation. The authors recommend that the best practices of these foreign countries be used, taking into account its critical understanding for the development of appropriate regulatory regulation in the Russian Federation and integration associations with its participation.

The return of criminal cases for additional investigation: the problems of finding the truth

In the article, the author examines the issues of practical implementation of the institution of returning a criminal case by the court to the prosecutor. The relativity of the content of the truth and the degree of its achievement at various stages of the criminal process is substantiated. In accordance with this, the issues of ensuring the sufficiency of evidence and ensuring the possibility of considering the case in court in conjunction with the assessment of the quality of pre-trial proceedings are raised. The classification of the shortcomings of the preliminary investigation, entailing the appearance of grounds for returning the case to the prosecutor in accordance with Article 237 of the Code of Criminal Procedure of the Russian Federation, is given. The position of the prosecutor’s office on the return of cases from the court from the point of view of the purpose of this institution is presented. A brief comparative analysis of the stage of preparation of the case for a hearing in Russia and the countries of the Anglo-Saxon legal system is carried out, the positive experience of granting the court broad powers to verify the evidence base of the prosecution at the stage of trial is analyzed. Based on the generalization of the established law enforcement practice and using the comparative legal method, proposals are formulated to overcome existing problems in domestic criminal proceedings.

Property expectations in the Anglo-Saxon legal system

This article examines the concept of proprietary expectations in the context of the Anglo-Saxon legal system. It analyzes the nature and significance of property expectations for individuals and companies operating in this legal system. Research focuses on how property expectations affect legal relationships, including contractual obligations, property, and other aspects of civil law. Understanding this concept is important for the effective functioning of the legal system and ensuring justice in society. The Anglo-Saxon legal system, emerging in England before the Norman Conquest of 1066, provides a fascinating study of early medieval property law. This legal framework was characterized by its integration of customary practices, local judicial decisions, and evolving notions of land tenure and ownership. The period saw the development of property expectations rooted in both communal obligations and individual rights, laying foundational principles that would influence English common law.The Anglo-Saxon period (circa 410-1066 AD) was marked by a transition from Roman to Germanic influences, profoundly affecting legal conceptions of property. Land was the primary source of wealth and power, and its control was crucial for maintaining social and political structures. Early Anglo-Saxon laws, as recorded in various legal codes such as those of King Æthelberht, King Ine, and King Alfred, reflect a blend of tribal customs and practical needs of agrarian communities. Property was primarily communal, with the king or local lords acting as custodians of land. The concept of “bookland” (land granted by charter) versus “olkland” (land held by customary right) illustrates the dual nature of property rights, blending formal grants with traditional usage. Inheritance laws were pivotal in ensuring the continuity of landholding families. Male primogeniture was not strictly followed; instead, property could be divided among sons, and even daughters could inherit under certain conditions. Wills and charters often provided detailed instructions for the division of land, reflecting both family intentions and societal norms. Disputes over property were common and were resolved through a mix of local assemblies (moots), royal courts, and ecclesiastical adjudication. Witness testimony and oath-taking were critical in establishing claims, underscoring the importance of community reputation and support. The Church played a significant role in property matters, both as a major landowner and as an influencer of legal principles. Monasteries and bishoprics received extensive land grants, often protected by royal charters. The Church’s involvement added a spiritual dimension to property rights, intertwining religious duty with legal obligations. Over the Anglo-Saxon period, there was a gradual shift from collective to more individualistic notions of property. This transition was facilitated by the increasing use of written charters, which provided clearer, legally enforceable records of land transactions. The development of more formalized legal procedures also contributed to this evolution, offering more consistent mechanisms for resolving disputes and enforcing property rights. The property expectations and legal practices of the Anglo-Saxon era laid the groundwork for the feudal system introduced by the Normans. Many principles, such as the importance of written documentation, judicial dispute resolution, and the interplay between royal authority and local customs, persisted and evolved into the common law traditions of England. The Anglo-Saxon legal system’s treatment of property provides invaluable insights into the early development of English law. By balancing communal norms with emerging individual rights, it established enduring principles that would shape the trajectory of property law in medieval England and beyond. Understanding these early legal frameworks helps to appreciate the complexities and continuities in the history of English property law.

Perspectives for the application of the provisions on indemnity established by FIDIC Silver Book in the field of construction contracts in Russia

The object of the study is the institute of compensation for property losses, fixed in one of the standard contracts of the International Federation of Consulting Engineers (FIDIC) - the Silver Book. The FIDIC Silver Book is the most interesting for providing a universal contract base in Russia, as a task set by the Government of the Russian Federation in the Strategy for Exporting Services until 2025. It is in this proforma that the main conditions of the EPC are reflected: design work, purchase of materials, construction work. One of the tools common in the Anglo-Saxon legal system is indemnity, which has appeared relatively recently in domestic civil law. By allowing you to manage the risks of construction projects, this institution is attractive to investors and parties to a construction contract. The authors investigate the provisions on indemnity, fixed in the FIDIC Silver Book, to establish the possibility of their application in the field of construction contracts in the territory of the Russian Federation. The authors used such methods as: analysis, synthesis, comparative law, deduction, induction. The scientific novelty of the study is due to the fact that there are few works devoted to the applicability of the terms of FIDIC contracts in Russia, and there are practically no studies on the applicability of the conditions for compensation of losses fixed in them. However, in order to achieve the goals set by the Service Export Strategy until 2025, it is necessary to find out whether there are significant contradictions between the terms of FIDIC contracts and the norms of national legislation that prevent their application in Russia. The most interesting are the prospects for applying the provisions on compensation for property losses fixed in standard contracts, which are quite attractive both for the parties to the contract and for investors. In this regard, a special contribution of the authors to the study of the topic is the establishment of the applicability in Russia of the provisions on compensation for property losses fixed in the FIDIC Silver Book. Within the framework of this scientific work, it was revealed that most of the analyzed provisions do not contradict the mandatory norms of Russian law.

Counteracting Crimes in the Field of Professional Sports in the Legislation of the States of the Anglo-Saxon Legal System

One of the “trend setters” in terms of legal regulation of liability for crimes in the field of professional sports are the United States of America and Great Britain. Accordingly, its analysis can be important for developing its own position on this issue, including the possibility of formulating legislative proposals on this issue. The study shows that the legislators of both countries, despite the unconditional similarity of legal systems, nevertheless have different approaches to solving this issue. The experience of each country is of considerable interest in terms of comparative law, and the attention paid to the issues raised indicates its extreme relevance, which requires taking quite strict measures to solve it today. Their success seems to be achieved only if an integrated approach can be achieved precisely to counter the negative phenomenon, the underestimation of which is already costing our society.

REALIZATION OF THE RIGHT TO INFORMATION ABOUT THE HEALTH STATUS OF THE FUTURE SPOUSE

In the context of the dispositivity of the norms of family law, which enshrine the right of future spouses to undergo a medical examination before marriage registration, law enforcement practice is being formed, which makes it difficult to implement this rule of law. The reason is the absence of authorized entities who are obliged to inform about this right and the procedure for passing a medical examination. The purpose of the article is to identify contradictions in the practice of applying the norms of family law on medical examination of persons entering into marriage and to develop proposals to eliminate them. The subject of the study is the institute of personal rights and freedoms of spouses, which includes a dispositive rule on the right of future spouses to undergo a medical examination. The result of the study is proposals for amendments to family law and legislation in the field of health protection. The novelty of the research lies in the generalization of the practice of legal support for medical examination of persons entering into marriage. Based on foreign and Russian experience, the opinions of the expert community, proposals for amendments to the family legislation of the Russian Federation are formulated. For the science of family law, the article is of interest, since expert positions on key problematic aspects of medical examination are summarized, and the author's point of view on the need to replace the dispositive norm with an imperative norm is substantiated. The component of scientific novelty is the author's assessment of foreign experience in regulating legal norms, based on the belonging of states to the Romano-German or Anglo-Saxon legal systems.

Javni poredak i nužni deo

Testamentary freedom is one of the basic pillars of inheritance law in any legal system. In Eurocontinental law, it is limited, inter alia, by the right of the heir to a statutory portion (forced heirship). On the other hand, Anglo-Saxon law does not recognize the forced heirship. In Europe, there is a tendency to narrow the circle of mandatory heirs. Testamentary freedom is guaranteed in modern Constitutions, while, on the other hand, it is disputed whether the right to inheritance, guaranteed by the Constitutions, also includes the right of heirs to a mandatory portion. In German law, which is based on the decision of the Federal Constitutional Court from 2005 the right to a forced heirship is considered as a part of public order, even as a part of international public order. On the contrary, in France and Hungary, in situations of crossborder inheritance, the right to a forced heirship does not belong to the domain of international public order. Considering the language and aim of Articles 58, 59 and 66 of the Constitution of the Republic of Serbia, it is difficult to argue that the heir’s right to a mandatory share is covered by the constitutional guarantees enshrined in Articles 59 and 66. On the contrary, Article 58, which guarantees peaceful enjoyment of property rights, and Article 23 (2), guarantee freedom of testamentary disposition. The same is the case with the European Convention on Human Rights, which guarantees freedom of testamentary disposition, but not the right to inherit. A foreign law that does not recognize the right to a forced heirship is not contrary to domestic public order. It is possible that the foreign law contains some kind of functional equivalent that aims to financially secure the mandatory heirs which is the case in Anglo-Saxon legal systems. The application of the lex fori fori allong with the application of the lex successionis is contrary to the principle of fairness in Private International Law. Also, it results in dépécage which is undesirable in PIL and runs counter to the principle of the unity of inheritance property. The application of foreign law governing the inheritance in the Serbian PIL could be limited only in exceptional cases. For example, when the foreign applicable law does not recognize any functional equivalent to a mandatory portion or when the foreign applicable law does not recognize the decedent’s minor children any claim to the inheritance property, so that they remain deprived of means necessary for life and, therefore, fall under the burden of state social assistance. Also, for the application of the part of lex fori, it would be necessary that the case of crossborder inheritance is closely related to domestic legal order. For example, that the mandatory heirs are citizens of Serbia with domicile in Serbia.

CURRENT ISSUES OF IMPROVING THE PROTECTION OF INTELLECTUAL PROPERTY AT THE INTERNATIONAL LEVEL

In this article, the issues of the influence of international intellectual property documents on this area will be considered on the example of some foreign countries. Let's highlight the countries of the Anglo-Saxon legal system (first of all, the United Kingdom and the United States). The internal legislation of the countries of this group has its own individual characteristics. Based on the generalization of judicial precedents, we can identify particular codifications.

Mechanisms of prevention and counteraction to abuse of procedural powers in criminal proceedings in the states of the Anglo-Saxon legal system

Mechanisms of prevention and counteraction to abuse of procedural powers in criminal proceedings in the states of the Anglo-Saxon legal system

Sharia Actualization: Realizing the Indonesian Islamic Jurisprudence

Sharia is intertwined with fiqh. In English terminology, Sharia is translated as “Islamic law based on the Quran.” In the context of reforming Islamic law in Indonesia, the method of talfiq is needed, selectively choosing opinions that align with the conditions in Indonesia. It is believed that the Islamic legal tradition, in terms of formation, reform, or legal development, is closer to the Anglo-Saxon legal system known as precedent law. This is because Muslims fully accept that all the dogma, principles, and Islamic sharia are already perfected in the Quran and the Sunnah of the Prophet. The question at hand is how these legal texts can be guaranteed to remain relevant and capable of meeting the needs of all times, places, cultural contexts, and social levels. This study delves deeper into the Sharia within the Contemporary Era, relating to the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The research is a literature study, focusing on the examination of figures and the object of study, which is Sharia in a modern context. This study employed a qualitative approach to analyze the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The dynamics of Islamic law in Indonesia are expected to continue evolving and innovating so that in the future, Islamic law with universal value will not only pertain to the realm of fiqh muamalat (transactions) and akhwal sakhsiah (personal matters) but will also contribute positively to the development of national law in Indonesia in various aspects.

The influence of the current law of the Astana International Financial Center on the development of the legal system of Kazakhstan

Relevance. The relevance of the problem under study lies in the need to study the legal system of the Republic of Kazakhstan and the functioning Astana International Financial Center (AIFC), the current law of which interacts with the current law of the Republic of Kazakhstan.Purpose. In this regard, the purpose of this article is to explore the interaction between the current law of the Astana International Financial Center and the current law of the Republic of Kazakhstan.Methodology. The method that was used to achieve the goal became systemic, functional, and hermeneutic were used as auxiliary ones.Results. The main results of this study: it was revealed that the current AIFC law and the current law of the Republic of Kazakhstan function as two independent institutions in accordance with the amendments to the Basic Law of Kazakhstan, complementing and mutually enriching each other. It is proved that the norms, principles, and precedents of the Anglo-Saxon legal system have a positive impact on the development of the legislative sphere of Kazakhstan, taking into account the national law of the Republic. An analysis is presented of how decisions and orders made on the territory of the AIFC are limited by acts of the court. The interaction and mutual influence of the current law of the Center with the system of generally binding norms of the Republic of Kazakhstan is substantiated. The theoretical aspects of the concept of the reception of law are disclosed. Also, in the course of the study, two approaches were revealed to the study of the functioning of the current law of the organization declared in the subject of the article, including the Anglo-Saxon legal system, and the system of generally binding norms of the Republic of Kazakhstan.Conclusions. The practical significance of the article lies in proving that the jurisdiction of the above organizations, in the form of court decisions, extends not only to the territory of AIFC, located within the city of Astana � where a special legal regime prevails, but also throughout the territory of the Republic of Kazakhstan.

IMPLEMENTATION OF THE POWER TO USE STATE PROPERTY

Despite the fact that the existence of ownership rights of several persons to one object occurs only in states with the
 Anglo-Saxon legal system, in the scientific works of both Belarusian scientists and Russian colleagues there are discussions
 about the possibility of splitting both the property right itself and those included in it powers in national legal systems related
 to the continental system of law, in particular Belarusian and Russian. This legal phenomenon can most clearly be analyzed
 using the example of implementation of state property rights. In this article, using the concept of splitting the powers of property
 rights, the forms of implementation by the state owner of the right to use in relation to real estate objects owned by it are
 analyzed, and also the entities that have elements of the right to use in relation to state real estate are identified.

Judicial Law-Making in Russia and the USA: Some Theoretical and Practical Problems

A comparative legal study of problematic issues related to judicial practice and judicial law-making in Russia and the USA was carried out. It has been established that judicial law-making is recognized as a source of law. However, the most problematic and controversial is the question of its place in the system of sources of law. The study revealed that in practice, within the Anglo-Saxon legal system, it is often difficult to clearly define the boundary between common law precedents and statutory interpretation. Based on the results of the study, it is concluded that the judicial precedent in the United States, as well as in Russia, from the point of view of integrative legal understanding, still refers to “non-law”.

State Awards of Ukraine in Wartime as a Factor of the National and State Consciousness Formation

Background: In this article, the authors carried out a systematic analysis of the current state of awarding military awards and the prospects for changes in the legislation of Ukraine regarding the awarding procedure and the system of state awards. In particular, the following issues were considered: the general procedure for awarding state awards, the grounds for awarding state awards, subjects of submissions and petitions for awarding state awards, proposed anti-corruption regulations, and foreign models of awarding military awards. In addition, the article provides statistical data on persons who have been awarded the title of Hero of Ukraine for outstanding heroic deeds since the beginning of the full-scale invasion of the Russian Federation. Comparisons with the foreign models of awarding as a state policy were made on the example of continental European states and the Anglo-Saxon legal system. Results and Conclusions: The study aims to clarify the mechanism of awarding the state awards of Ukraine and identify if it meets the main current challenges and fits with the regulation of the European standards and anti-corruption and democratic norms. In the meantime, it was found that the social security of the awarded persons is still insufficient and impacts the prestige of the military awards.

JINOYATCHILIKKA QARSHI KURASHISHNING BUYUK BRITANIYA MODELIGA XOS XUSUSIYATLAR

In the article, the author seeks to reveal the specific aspects of the fight against crime in the UK. In particular, it considers certain elements of the crime fighting system-doctrinal and criminological approaches on which criminal policy is based-features of legislation on combating crime, as well as notable aspects of law enforcement. It is known that the British model of fighting crime was formed under the influence of the Anglo-Saxon legal system and Anglo-American criminological schools. The basis of doctrinal and criminological approaches to crime are administrative-classical and sociological theories. In criminal policy, there is periodically a focus on the priority of criminal law measures (tightening) or on the priority of socially liberal measures (mitigation). Since there is no codified legislative system in the UK, the development of anti-crime policies is based on medium-term (3-5 years) strategic concepts. Despite the fact that crime in the UK is growing at a high rate, there is a loss of ability to maintain accurate crime statistics. At the same time, it turns out that this loophole in the detection of crimes is being overcome by the systematic introduction by the British police of the practice of studying latent crime. The British practice of crime prevention is notable for the fact that it includes situational and victimological measures involving a number of public organizations.

The financial legal regulation of the securities market of The People’s Republic of China

The article deals with issues related to the formation and development of the securities market in the People’s Republic of China. The features of the financial and legal regulation of this market are studied, taking into account the concept of «One country, two systems». Attention is paid to the financial and legal regulation of the securities market in the Hong Kong Special Administrative Region of China. The genesis of the securities market of this territory has been studied. The author points out that Hong Kong, being previously a colony of the British Empire, retained the Anglo-Saxon legal system and financial and legal regulation of the securities market independent from mainland China. The article also discusses the further development of the cryptocurrency market in China and Hong Kong. The author notes that at present, due to unfriendly actions towards Russia by a number of foreign states and international organizations, Russian legal entities are becoming more interested in expanding cooperation with China, taking into account the «yuanization» of the world economy, which in turn confirms the need for further study regulation of China’s securities market.

Public law application of the impeachment institution in the Anglo-Saxon legal system

Public law application of the impeachment institution in the Anglo-Saxon legal system