Legal Family Research Articles

Features of theoretical approaches to the category "abuse of law" in the countries of the Anglo-American legal family

The article examines the peculiarities of theoretical approaches to understanding the category of «abuse of law» in the countries of the Anglo-American legal family, primarily in Great Britain and the United States. In particular, by using a set of philosophical and worldview, general scientific, special scientific methods (primarily, comparative legal, historical legal, normative, functional) and principles of scientific knowledge: the evolution of theoretical ideas about the abuse of law, their consolidation in legislation and practical implementation in individual states of the Anglo-American legal family; the peculiarities of the legal terminology used in the legislation and judicial practice of Great Britain and the USA to determine the abuse of the right are revealed; the characteristic features and general trends of the theoretical understanding and legislative consolidation of the category of «abuse of law» in the specified states have been established. It is argued that the principle of good faith is inherent in the entire legal system of Great Britain as a whole and is reflected in its individual provisions, and the duty to establish the facts about the presence or absence of abuse of the law corresponds to judicial or other competent authorities. It has been established that the doctrine of good faith is important in US judicial practice, but there is no description of the criteria of good faith in US law, their definition is left to the discretion of the court. It is proved that both English and American legislators do not provide a clear definition of the term ‘abuse of law’ in the provisions of legislation. The content of this concept is defined and disclosed in judicial practice and legal doctrine, which are closely interrelated and are based on the assessment of such actions from the standpoint of reasonableness, good faith and fairness. Depending on the branch of law and the legal system of the state, abuse of law is most often understood as damage or loss. Damage is the destruction or diminution of material goods. Losses are understood as real losses and lost profits. It is concluded that despite the fact that the problem of abuse has not been comprehensively resolved, in practice the judicial system of the United Kingdom and the United States is quite effective in combating manifestations of abuse of law.

Конструирование модели эволюции права как социокультурного феномена на материале средневековой Испании в контексте применения антропологического методологического подхода в правовой науке

Purpose. The author aims to create a model of the evolution of law as a Western European socio-cultural phenomenon based on materials of medieval Spain, where the formation and fundamental transformation of law occurred. The peculiarity of this model lies in the fact that the content component predominates over the chronological one. Methodology: to achieve this goal, the author uses the method of legal modeling within the framework of the anthropological methodological approach, which is considered to be one of the most promising in modern science. This approach allows for taking into account the features of human consciousness that creates, re-creates, and deconstructs socio-cultural phenomena, that exist both subjectively and objectively. Conclusions: In modern legal theory, there are two contradictory concepts. On the one hand, there is logocentrism, which represents rationalism as a foundation of the theory of knowledge. On the other hand, there is the idea that social reality contains an irrational element. This new perspective challenges the assumption that knowledge can fully reflect reality.This approach allowed us to create a model of the development of law in the context of Western European legal civilization, considering its socio-cultural aspect. The article demonstrates that the study of Law in higher educational institutions is based on an understanding that it is both universal, due to the unified psychophysiological nature of human consciousness, and individual, determined by cultural and civilizational characteristics. Scientific and practical relevance. The theoretical significance of the results is based on the possibility of applying the model developed in this study to other states, both within the Romano-Germanic legal family and in other regions. This approach allows for taking into account cultural differences while maintaining the universality of the model. The practical significance of this study lies in its potential to contribute to legal education by providing students with a deeper understanding of the evolution of normative systems and the factors that influence these changes. This knowledge could then be applied in various contexts, such as law schools and professional training programs to enhance the understanding and application of legal principles.

ABOUT SOME APPROACHES TO THE INTERNATIONAL LAW IN BRITISH SCIENTISTS’ RESEARCHES (PART I)

The purpose of the research. At the present time there is a shortage of scientific researches devoted to the concepts of the international law of foreign countries. At the same time, there is a significant need for such works, since any interstate cooperation, as well as confrontation, requires a detailed knowledge of the approaches to the international law of the relevant country. In this context Great Britain stands out. Positions of Great Britain continue to have a significant impact on the formation of the approaches to the international law of the Anglo-Saxon legal family states. Largely due to the ideas of the British the foundations of the pan-Western system of views on the international law were laid. This article deals with the interpretation of various international law issues by the representatives of scientific schools of several universities in Great Britain. The positions of these scientists concerning the essence and meaning of the international law, its application are of interest from the point of view of their comprehension on the basis of Russian approaches. That is the purpose of this article. Results. The approaches of British scientists to the international law considered in the article demonstrate both similarities and differences in comparison with the domestic international legal doctrine. These include: the vision of the international law as simply a set of rules or as a complex system; the role of normativity in the international law; analysis of some of the weak and strong sides of the international law; international law criticism of the foreign policy courses of certain countries, including Great Britain and the Unites States; consideration of Russia as a country that supports special, far from Western, approaches to the international law.

Separation of powers theory: problems and perspectives

The article is devoted to the problems and perspectives of the theory of separation of powers. The general aspects of the theory of separation of powers are outlined. The authors say that the multiplicity of types of power and types of social norms and factors, that ensure them, shows that separation is inherent to the phenomenon of power. It was noted that the issue of separation of powers has an important theoretical and practical significance and is closely related to the classification of political regimes into totalitarian, authoritarian, democratic and liberal. It was emphasized that, contrary to the established stereotype, the separation of powers, in certain forms, existed long before the epoch of Ch.L. de Montesquieu. It is noted that the ideas of separation of powers long before J. Locke and Ch.L. de Montesquieu was also expressed by Aristotle and Marsilius of Padua. It was substantiated that, in fact, the separation of powers has existed in some forms since the very beginnings of statehood. So, the theory of the separation of powers does not arise, but is only actualized in the XVII-XVIII centuries in connection with the struggle of the bourgeoisie against absolutism and feudal-clerical orders. It was noted that existence of the separation of powers for a long time before the period of the bourgeois society says that the separation of powers, as such, does not protect society from slavery and serfdom, arbitrariness and tyranny, inquisition and oppression, but, on the contrary, can increase the number of tyrants, independent of each other. The authors say that the separation of powers into the legislative, executive and judicial branches does not protect society from tyranny and usurpation of power by one party, while the incompleteness of the separation of powers (in particular, in the countries of the Anglo-Saxon legal family) does not turn the state into a tyranny. The authors pay attention to the critical view on the separation of powers in the works of J. Bodin, T. Hobbes, G.F. Szerszeniewicz, who say that the real separation of powers is dangerous to the unity of the state. It was emphasized that the theory of separation of powers contradicts the basic characteristics of the state sovereignty, defined by J. Bodin, because if the power is limited and separated into several branches, then it cannot be unified, supreme, absolute and permanent. The historical experience of different riots, rebellions and civil wars, that confirms the validity of the mentioned concerns, was provided. It was noted that the separation of powers in the state can have only a functional nature. It was noted that excessive separation of powers can paralyze state management or significantly complicate the system of state authorities and intensify the struggle between them, which will contribute to the establishment of a dictatorship. The authors support the position of G.F. Szerszeniewicz that the «legal self-limitation of the state» is a fiction and indicate that, theoretically, the limitation of the state by law is most likely in the states of the Anglo-Saxon, religious or traditional legal family, where the legislation, created by the state, is not the main source of law. Following B. Constant, it was stated that, in fact, the number of branches of power in the state is much greater than 3, and it was noted that, in particular, in modern Ukraine, we can talk about 9 branches of government, which creates the need to rethink the classical postulates of the theory of the separation of powers and the mechanism of checks and balances, as well as the necessity of expansion and addition of the typology of political regimes, etc.

Reception of Roman Private Law in Ukrainian Civil Law as Confirmation of Belonging to the European Legal Family

The article is devoted to current issues of civil law, as well as Roman private law in Ukraine. The purpose of the article is to trace the influence of Roman private law on the development of civil law. In the course of the research, a number of general scientific and special methods of cognition were used, including: historical, dialectical, comparative-legal, logical analysis, formal-legal and other methods. Our legal culture has received Roman law, which became the basis for civil law and is still reflected in modern Ukrainian legislation. In the course of the study, it was established that the Civil Code of Ukraine contains articles that are evidence of both direct and indirect reception. Direct reception occurs when the ideas and provisions of Roman private law are transmitted directly from the primary sources of Ancient Roman law. Indirect (derivative) reception occurred when Roman legal ideas and legal solutions were borrowed not directly from primary sources, but through those legal systems where reception had occurred earlier. That is, indirect reception is the perception of the law of other states where this process has already taken place, and not directly through the primary source. We can affirm the successful reception of Roman law in Ukraine through the basic principles of law, moral and social values, which became the basis of the legal provisions of Roman law and the achievements of human social culture. Therefore, the achievements of Roman law are not only in the formation of civil law in Ukraine, but also in the ability to expand legal thinking and respect for law as a value and the main achievement of society. It can be unequivocally stated that civil law, being part of the Romano-Germanic legal system, is a reproduction of Roman private law, which on the one hand, through centuries-old transformation, has acquired a corresponding theoretical content and remains unchanged and relevant to this day. The conclusions obtained during the study of the influence of Roman private law on the development of civil law as a whole develop both the theory of civil law and the philosophy of law and serve as a subject for further research on the genesis of civil law institutions, the origin and essence of most legal norms in Ukrainian civil law.

Peculiarities of interpretation in the Islamic legal family

In this article, the author examines the issue related to the peculiarities of interpretation in the Muslim legal family. The author notes that there is no term in the Islamic legal doctrine that would be completely identical to the concept of «interpretation of law». The closest term in meaning is «ijtihad», the meaning of which can be defined as the activity of a Muslim jurist to resolve religious and legal issues in the absence of an unambiguous answer in the main sources of Islamic law - the Koran and the Sunnah of the Prophet Muhammad. At the same time, the concept of Ijtihad is broader than the concept of interpretation of law, but interpretation is fully covered by Ijtihad. The author comes to the conclusion that the main characteristic features of interpretation in Muslim law are a special subject composition of interpreters, to whom a number of requirements are imposed (detailed knowledge of the provisions of the Koran and the Sunnah of the Prophet Muhammad; a high level of proficiency in Arabic; knowledge of the theory of cancellation; knowledge and ability to apply methods of deriving legal norms from primary sources; knowledge of issues on which authoritative Muslim scholars have agreement), a wide range of methods (qiyas, istislah, istishab, az-zarayi, istikhsan, etc.) and methods of interpretation (grammatical, logical, historical, systematic), a special sequence of actions in the process of interpretation, as well as attitude to the result of interpretation as to probabilistic rather than absolute knowledge.

“They Were Married in Heart”: Race, Inheritance, and Interracial Common-Law Marriage in Reconstruction Era Mississippi

Abstract: In 1869, Mississippi voters ratified a radical new constitution that eliminated distinctions of race, including in its provision formalizing the unions of cohabiting couples as legal common law marriages at the time of ratification. Although white men had long established relationships of concubinage with Black women, the new constitution made it possible for interracial couples to claim the status of legal families. This article examines how Black women and their biracial children employed the 1869 state constitution to situate themselves as legal wives and legitimate children and the lawful heirs of dead white men. In response, white supremacists sought to deny them legitimacy by casting all relationships between Black women and white men as forms of concubinage that could never constitute legal marriages. This article examines how judges used the classification of concubine to distinguish Black common-law wives from white ones, undermining the radicalism of the new state constitution. By making it more difficult for Black widows and children to claim to be the rightful heirs of white men, the courts channeled inheritances toward more distant white relatives.

History of the development of the institute of law abuse in the states of the romano-german legal family

The article provides a historical analysis of the institution of abuse of law in the states of the Romano- Germanic legal family. In particular, with the help of a set of philosophical-worldview, general scientific, special scientific methods (primarily, dialectical, historical-legal and comparative-legal) and principles of scientific knowledge, the evolution of theoretical ideas about the abuse of law, their consolidation in legislation and practical implementation in individual states of the Romano-Germanic legal family (Germany, Austria, Switzerland, Spain, France). It is argued that modern ideas about the abuse of law are based on the provisions of Roman law. Theoretical approaches to the abuse of law contained in the works of leading European legal scholars (A. Binder, T. Geise, W. Erman, L. Dugis, W. Siebert, V. Roberto and others) were analyzed. On the basis of a comparative analysis of normative legal acts regulating the issue of abuse of law (German Civil Code, Austrian Civil Code, Civil Codes of Switzerland, Spain and France), characteristic features and general trends of the legal establishment of the category “abuse of law” in the states of the Romano- Germanic legal system have been revealed family. It was established that theoretical approaches to understanding the category of “law abuse” were most actively developed by scientists in Germany and France. In particular, general approaches to the essence and features of the abuse of the right have been developed, mechanisms for counteracting the harmful exercise of the right, etc. have been proposed. At the same time, the legislation of Germany, Austria, Switzerland, Spain and France also uses the experience of other countries, transforming it through their own culture and traditions. This is due to certain features of the legislative establishment of the inadmissibility of the abuse of the right. It was concluded that due to the existence in the states of the Romano-Germanic legal family of a general ban on the abuse of law, legal science had the opportunity to investigate not only specific cases of unfair exercise of the law, but also the phenomenon of abuse of law in general.

Comparative legal analysis of foreign and domestic norms on challenging transactions of an insolvent debtor

The article presents the results of the study of foreign and domestic legal norms on challenging the transactions of an insolvent debtor. On the basis of comparison of legal norms of England (Anglo-Saxon legal family), Saudi Arabia (religious law) and Russia (Romano-Germanic legal family) there are established common features and differences in approaches to definition of legal norms on contestation of insolvent debtor’s transactions.

THE GENESIS OF THE PRINCIPLES OF THE LEGAL STATUS OF AN INDIVIDUAL IN EUROPEAN INTERNATIONAL LEGAL REALITY

Introduction. The article considers historical and legal origins of the foundations of the legal status of an individual in the European system of protection of human rights and freedoms as part of international legal reality of the region. The work examines the phenomenon of the legal status of a person in the European international legal reality in view of its modern normative regulation, protection mechanisms at the regional level and worldview sources of the evolution of its foundations. Summary of the main research results. It was determined that the European international legal reality is a regional phenomenon of international law and includes universal and European regional norms and principles, sub-regional European international legal acts, legal culture and legal consciousness, moral value characteristics and institutions of European international law. The latter is closely related to the phenomenon of the European international legal reality in terms of reflecting the objective legal realm in Europe. The main purpose of the functioning of the European international legal reality is the protection of human rights and freedoms in the region. The regional system of protection of human rights and freedoms is an integral part of the European international legal reality and guarantees the fundamentals of the legal status of a person in Europe. The main principles of the legal status of a person in the European international legal reality are the general principles and standards of law, the moral, value and ideological characteristics of European international law. The genesis of the foundations of the legal status of a person in Europe and European identity in general is ancient Roman law, Christian dogmas and Germanic customs. It was the preservation of the main system-forming components of the Roman legal complex of principles and norms, the influence of Christian spirituality concept on the general European attitude towards the individual and the separation of the Romano-Germanic legal family features on the basis of Germanic phenomenon that became the basis of the modern European legal reality and laid the foundations of the individual's legal position. Conclusions. At the current stage of the European international legal reality development, the legal status of a person is a fundamental category that emerged and evolved on the basis of centuries-old legal traditions of the region. Current regulatory and legal consolidation and functioning of regional mechanisms for the protection of human rights and freedoms is the result of historical and legal evolution of the foundations of the legal status of a person in Europe.

Criteria for Assessing Administrative Discretion: Theoretical Issues, Russian and Foreign Experience

The current stage of development of administrative law requires an active role of public administration in resolving administrative cases. At the same time, its acts and actions must be controlled by the courts. As a result, the administration is not allowed to remain passive in the exercise of discretionary powers, since they are provided for solving managerial tasks and are implemented within the prescribed limits. In this regard, the managerial goal, for which discretion is used, and the limits of authority are presented as basic criteria that allow us to assess the legality of discretionary forms of public administration. Additional criteria must be used to verify them. The most important among them are the so-called principles of administrative procedures, primarily proportionality and protection of trust. The principles that define the procedure can also be used, they can be called technical. For example, these include avoiding excessive bureaucracy, saving money, etc. Basic and additional criteria are typical for many legal systems and are most justified in the theory of administrative procedures. It mainly characterizes the administrative law of the countries of the continental legal family, and relatively stable examples of its implementation are presented in the German and Austrian legal order. Of some interest are the new laws on procedures adopted already in our century in the countries of Central Asia (the Kazakh authorities were the last to do so). The adoption of laws on administrative procedures is a milestone in the development of the theory of administrative discretion, but it is more important that the approach to discretion is not denied by the courts. The practice of the Supreme Court of the Russian Federation is a positive step in approving the domestic version of administrative discretion and the theory of administrative procedures, which is developing in a continental way.

Peculiarities of regulation of various types of non-contractual obligations in the field of international private law

The article reveals certain types of non-contractual obligations (NCO) in the field of private international law (PIL). The common features and differences between certain types of NCO in Ukraine and other countries of the Romano-Germanic legal family through the usage of the comparative legal method are described. The article reveals such types of obligations in PIL as: tort/delict obligations; obligations arising out of unjust enrichment; obligations arising out of damage caused by a product, work, service; culpa in contrahendo; negotiorum gestio. The article substantiates that NCO arise, first of all, between persons who are not in a contractual relationship, or between persons who are bound by a contract, but the damage is not caused in connection with a violation of contractual obligations. The article reveals the main provisions of conflict regulation of NCO. The issue of refusal to use the general collision binding of the place of harm (lex loci delicti commissi) is being studied. Nowadays, instead of that collision binding, which was originally used for each type of non-contractual obligation, several alternative collision bindings are used. In addition to the law of the place where the tort was committed, the article also reveals the features of using such collision bindings as the citizenship of the parties or the place of residence of the parties of the legal relationship, the place of release of the goods, the place of registration of the vehicle, etc. The article highlights some aspects of the recent reform of civil legislation and PIL, in particular. The root cause of the reform and renewal of domestic legislation in various areas, which is caused by the European integration processes taking place in Ukraine in recent years, is revealed. The article substantiates the active recodification of civil legislation introduced by the Government of Ukraine, aimed at eliminating certain shortcomings and contradictions in national civil legislation and harmonizing it with the legislation of the European Union. The article places special emphasis on the need to update national legislation and bring it into line with European standards for democratization and liberalization of all spheres of life.

The influence of the reception of roman private law on the formation of higher legal education in the countries of the romano-germanic legal family

The article analyzes the historical aspects of the emergence and formation of higher education in the countries of the Romano-Germanic legal family. It has been found that the traditions of higher education are laid down in the University of Bologna, which became the first famous secular scientific and educational institution, whose professors and graduates enriched science and education with new ideas, thanks to which a new humanistic worldview was formed: law should be a measure of freedom and justice in the state and society. It is substantiated that the development of education has a civilizational significance in the state-building process, but the civilizational «growth» of the state requires professional human capital. An important source of information for acquiring a system of knowledge in medieval Europe was Roman private law, which was universal in application to new economic and other conditions, regardless of their complexity. The merit of the Roman jurists is that they formalized the customary law and supplemented and developed it according to social needs. It has been proven that Roman law was «safe» for medieval rulers and in fact indispensable for the maintenance of various types of private legal relations, so there was no reason to oppose its introduction into the educational process. It was concluded that the study of Roman law in the medieval universities of Europe led to the assimilation of the formation of the legal system in a number of European states and the formation of the Romano-Germanic legal family, because the principles and norms of Roman law formed the basis of European codifications. It is important that the law of the Romans was used as an active law even in those states that did not have a legal mechanism for solving controversial issues, especially in interstate relations, because this law is saturated with classic examples of solving various life situations. Addressing them contributed to the development of the student’s skills not only in legal analysis and thinking, but also in the practical selection and application of normative material in order to solve life’s legal problems.

Judicial precedent in the Romano-Germanic legal family

The article is devoted to the study of the institution of judicial precedent in the Romano- Germanic legal family. It is established that the countries of the Romano-Germanic legal family, unlike the countries of the Anglo-Saxon legal family under the influence of Roman law, in the context of codification of law, have determined for themselves the priority source of law - law, not precedent. However, there is a gradual increase in the role of judicial precedent in continental law countries due to a number of factors that contribute to the intensification of judicial rulemaking. First, in these countries, there are still branches of law that, for various reasons, either do not have legal regulation or are regulated only by general reference rules or framework provisions. For objective reasons, the legislator cannot foresee the entire variety of real-life phenomena. This pushes the courts to adopt legal provisions that can fill in the gaps in the legal regulation of social relations. Secondly, there is a noticeable lag between legislation and dynamically changing social relations, resulting in the formation of large segments of social life regulated by legal acts that have lost their relevance. The current realities, which are largely full of unpredictable events, highlight the need for legal systems to adapt. All of this contributes to the use of judicial precedents, which serve not only as a tool for resolving specific disputes, but also as a means of developing law, allowing to fill existing «gaps in law». In the Romano-Germanic legal family, the real legal force of a judicial precedent is determined not so much by its formal enshrinement in legal acts as by actual life circumstances. Real-life situations, as well as the practical necessity and demand for precedent as a source of law, play a key role in determining its true legal status and legal force. Judicial precedent in continental law countries is becoming increasingly important, becoming an integral element of dynamic and adaptive legal regulation over time, and the rules establishing the generally binding force of precedents and the discretionary powers of authorized bodies are increasingly common in both public and private law in these countries. Judicial precedent in these countries should be considered as a source of law from a practical point of view, focusing on solving problems arising in the process of law enforcement.

Trends in the development of jurisdictional immunity of a foreign state under continental law

The article examines the current trends in legal regulation of relations on granting jurisdictional immunity to a foreign state in the countries of the continental legal family. The author analyzes the regulations in this area and shows the role of judicial practice in this process. A comparative characterization of the application of the concept of limited immunity in Western countries is given.
 The term «immunity of a State as a subject of international law» means that each State is not subject to the jurisdiction of another State and is not subject to any authority (legislative, executive or judicial) of a foreign State. Sovereignty and the fact that all states are equal are the basis of state immunity. Ancient Rome used well-known phrases to define the equality of states: «par in parem pop habet imperium», which means «equal over equal has no power», and «par in parem non habet iurisdictionem», which means «equal over equal has no jurisdiction».
 According to the idea of limited immunity, a foreign state may have jurisdictional immunity when it executes acts of juris imperii. In the same cases, the state can be sued as a private person, and it cannot rely on immunity from foreign jurisdiction, as well as immunity from seizure of property as a means of securing a claim and recovering property. According to the proponents of this idea, the main criterion for determining the sovereignty of state actions is the participation of the state in transactions that are usually carried out by individuals and corporations, and not the ultimate goal of these actions. In this case, the practice of national courts should take into account both the interests of states (uninterrupted performance of their public duties) and the interests of private plaintiffs.

Особенности проявления принципа верховенства закона в США

Despite the fact that the United States belongs to the Anglo-Saxon legal family, the principle of the rule of law finds its manifestation in the constitutional text, political and legal practice and the legal doctrine of this country. The features of the manifestation of this principle in the United States are that, in addition to the positive enumeration of the legislative powers of the United States Congress, the US Constitution contains a number of exceptions from the competence of the legislator, established in order to limit the arbitrariness of the legislator and protect the values of constitutionalism. While officially the country adheres to the “non-delegation doctrine”, according to which only the United States Congress is endowed with the right of legislative power, in practice it is common to use the delegation of law-making powers to executive bodies. The ratio of legislative and judicial acts remains unique due to the historical emergence of the law of this country in the depths of precedents. The specificity is manifested in the fact that the statutes are more specific and substantive, they are characterized by a large volume and complexity, and judges, when applying them, try to follow a literal narrow interpretation of legislative provisions. The rule of law in the United States is not limited to ensuring formal legality, therefore, the state’s desire to implement the “rule of law”, the justice of which, first of all, must be ensured by judges, is doctrinally substantiated. However, the fairness of the country's regulations are in many cases called into question due to the ineffectiveness of the legislation and aggressive foreign policy.

Judicial Precedent in The Justice of The Anglo-American System of Law

Purpose: The article provides a scientific analysis of judicial precedent as a source of law in the Anglo-American legal system. Methods: This study carefully analyzed scholarly works and legal documents of judicial precedent as sources of law in the Anglo-American legal system. The data was obtained from various sources, including academic research, international human rights norms and practices of their application with the help of general philosophical and special methods of cognition. Results and discussion: It is emphasized that the judicial precedent is determined by the traditional attitude towards the court in society, which was formed within a certain legal system. It is noted that law in the understanding of the Anglo-American legal system is primarily judicial practice, and the norms of law are included in the legal system only after their repeated application and presentation by judges. It is concluded that today there are objective trends regarding the convergence of the Romano-Germanic and Anglo-American legal systems. It is noted that in common law countries, the legislative path of law development is becoming more and more important, and in continental law countries - judicial decisions of both domestic and international courts, with the help of which the law is clarified and developed. Implications of the research: This research has significant implications for researchers and practitioners in the field of legal sciences, as it defines a comprehensive vision of the development trend of the Anglo-American legal family, which in the process of its evolution acquired certain features of the Romano-Germanic legal system. Originality/value: The specific conclusions formulated in the study fill a gap in current methodologies and knowledge regarding the use of judicial precedent in the justice of the Anglo-American legal system. Clarifying the specifics of the court's interpretation of the precedent as a source of law in the countries of the Anglo-American legal system will contribute to the enrichment of legal science and the development and modernization of certain approaches to these issues at the national level.

Optional features of the objective side in crimes against life and health under the legislation of some countries of the Romano-Germanic legal family (using the example of Germany and France)

The need for an integrated approach to the study of optional by nature signs of the objective side and their role in crimes against life and health requires turning to the experience of foreign countries. In this connection, the work examines some features of the construction of optional signs of the objective side in the above-mentioned criminal offenses in the criminal legislation of Germany and France. The conducted comparative research made it possible to see ways of improvement and vectors of development of criminal law policy, the implementation of which is carried out precisely by the correction of the criminal law. Based on the results of the work, the author indicates that legislators in Germany and France, unlike in Russia, do not attach serious importance to optional signs of the objective side when constructing crimes against life and health. At the same time, certain features in the regulation of optional signs of the objective side in crimes against life and health, which are not characteristic of domestic law, are still refined. For example, in Germany, in relation to murder in a state of passion, not only the determinants of the occurrence of a state of strong emotional excitement, but also the pre-criminal behavior of the subject of the crime are taken into account. It is also noted that the German Criminal Code regulates liability for participation in a fight; it regulates liability for abortion that occurs outside the established period of pregnancy at which it is possible. In addition, it was revealed that the French Criminal Code criminalizes hiring to commit murder if the mercenary did not plan to commit a criminal act. In conclusion, the author of the work suggests ways to improve domestic legislation taking into account the studied foreign experience.

Опыт Германии и Италии введения уголовной ответственности за допинг в спорте

The article analyzes the legislative and law enforcement practice of countries such as Germany and Italy in terms of criminalizing the facts of doping in sports. The aim of the authors is to study the national German and Italian experience as representatives of the Romano-German legal family in terms of improving the mechanisms for combating the use of prohibited means and methods, determining intent and bringing to justice. According to the results of the study, the authors concluded that criminal liability mainly occurs for intentional violation of anti-doping rules, while the burden of proof lies on law enforcement agencies experiencing great difficulties in proving intent, including due to limited knowledge in the field of sports law and training /competition processes.

Comparative analysis of models of special legal regimes

The author deepens the knowledge about the models of special legal regimes and their historical and philosophical basis. The author highlights the genesis and characteristics of the models of special legal regimes: classical, «state of siege» and «marital law», which are the basis of national legal systems of modern states. The author identifies the common and distinctive features of the «state of siege» of the Romano-Germanic legal family and the «marital law» of the Anglo-Saxon legal family. The author establishes that the models of all special legal regimes are aimed at protecting the public interest and legitimate restriction of human rights and freedoms in emergency circumstances. The author points out that respect for the rule of law and legal procedures is an important characteristic of the «state of siege» which provides for specific constitutional regulation of extraordinary powers of the authorities, while «marital law» is included in the general legal order with enhanced control of the judicial branch. It is proved that a common unifying feature of these regimes is that they all recognize the fiduciary obligations of the State to protect such values as the constitutional order, sovereignty, territorial integrity, life and health of the population, and environmental safety. Both models are characterized by attention to the need to justify and proportionality of human rights restrictions. The author further develops the position that the fiduciary basis of relations between a person and the State when enacting special legal regimes is directly determined by the range of legal guarantees which the State undertakes to introduce and observe both at the international and national levels. At the same time, it is proved that none of the proposed models offers effective and universal measures to ensure human rights in the event of an emergency. The author establishes that the key difference between the «state of siege» and «marital law» models lies in different approaches to the consolidation and implementation of legal guarantees of human rights in the course of special legal order.