Глобальные правовые системы, правовые семьи и их классификация

The subject of the research is the methodological problem of identification of some world regions as a legal systems and legal families. In recent years, in practical comparative legal studies (calculation of indices of the rule of law, human rights and freedom of the press), as well as in theoretical comparative legal literature, there has been a problem of incorrect universalization of legal system identification criteria based on the Western legal tradition alone. This problem is also particularly clearly manifested in the uncertainty of European legal space regions in the context of their attribution to a separate legal family. A striking example of such an uncertain region is Eastern Europe.The purpose of the research is to substantiate the directions for improving legal comparative legal research in the context of postclassical methodology, namely the approach from the point of view of legal values and in the aspect of legitimacy of legal institutions in the investigated legal system.Methodology. The interdisciplinary approach serves as the methodological basis of this research. It provides a synthesis of methodological tools of classical jurisprudence and methodological techniques and achievements of related socio-humanitarian fields of knowledge and post-classical jurisprudence. In our research we use sociological studies, especially legal sociology, political science and legal axiology, which allows a comprehensive study of the legal systems and legal families on a real case of investigated countries.Results and conclusions. The authors revised the existing criteria for classifying legal families, considered the criteria for the separation of legal families, as well as the classifications of legal families themselves, proposed by R. Leger, K. Zweigert and H. Ketz, V.A. Lafitsky. From the standpoint of non-classical science, authors propose a mechanism for verifying the legal system from the legal axiology point of view. This axiological approach can be applicated through an assessment of the legitimacy of norms, according to its value basis. In a dependence of affiliation of these values as a western or eastern (liberal or conservative etc.) it is correct to conclude that one legal system belongs to a particular legal family.The main results. The authors conclude that the prospects for the development of contemporary comparative law also lie in strengthening an interdisciplinary approach that allows combining the achievements of jurisprudence with sociology, philosophy, economics and cultural studies. The conducted integrative study of legal traditions opens up new possibilities for the analysis of legal systems. For example, it allows us to solve a specific research problem on the relevance of the legal systems of Eastern Europe to the Slavic legal family. The prerequisites for substantiating this conclusion were a shift in focus from the analysis of a not entirely universal criteria of legal ideology to the more basic criterion of legal axiology. It also allowed us to offer tools that opened up opportunities for a more differentiated definition of values relevant to the corresponding legal system through an analysis of the legitimacy of institutions and norms.

The paper investigates the issue of the peculiarities of the corporate regulatory system in the Romano-Germanic and Anglo-Saxon legal family. The structure of social regulation is described, which is represented by such elements as corporate-regulatory, legal, traditional, religious, moral and ethical subsystems. It is noted that at the heart of each subsystem there is a social norm, which is a system-forming element of the subsystem. The definition of the corporate regulatory system has been formulated, according to which this definition is understood as a set of internally coordinated and interrelated phenomena operating in society and having a regulatory, organizing and stabilizing effect on corporate social relations, the behavior of participants in corporate relations, as well as the activities of corporate organizations. It is indicated that the influence of the legal family on the corporate regulatory system is manifested, firstly, in the peculiarities of corporate regulation, and secondly, in the peculiarities of corporate organizations, at the stages of establishment and functioning. The concept of a legal family is analyzed, a set of national legal systems united by a common historical formation, structure, sources, leading branches and legal institutions, law enforcement, conceptual and categorical apparatus of legal science. It has been established that for countries belonging to the Romano-Germanic legal family, in the corporate-regulatory subsystem, the influence of the legal family is expressed in the primacy of legal regulation over corporate regulation, a high degree of state interference in internal corporate regulation issues, as by consolidating peremptory norms, the inclusion of which in corporate bylaws are mandatory and model bylaws. It was revealed that in the countries of the Anglo-Saxon legal family, there is a high degree of autonomy of corporate organizations, while the leading role in corporate regulation is played by contractual mechanisms, historically the corporation was considered as a pooling of capital.

The right to human dignity respect is the fundamental aspect for any developed country and its legal system, where human dignity usually takes the most central role. However, taking into account certain provisions of the customary law and its origins, certain cultural or religious aspects in forming the legal regulations, specific court decisions and precedents,it is fair to say that the views on dignity within different legal systems will differ in their own way. In the context of the above, the countries of the Islamic world are no exception, as the study of dignity as a legal category through the prism of Muslim legal experience cannot be separated from the religion. That is because Muslims, as followers of Islam, have their own unique perception of the world based primarily on the ancient religious customs, traditions, beliefs, etc. The Islamic concept of human rights, in comparison with, for example, the Romano-Germanic approaches, does not emphasize the natural origin of rights and freedoms, because its foundation is based on other sources and other values, which in essence constitute the content of the Islamic world order. According to some researchers, the Islamic legal concept is based on such principles as: dignity and brotherhood; equality of all members of Islamic society, without division on the basis of race and colour or social status; respect for the honour, reputation and family of each individual; presumption of innocence and personal freedom. By studying dignity as a legal category through the prism of Islamic religious and legal principles, one can’t but highlight the fact that one of the specifics of such a legal family is the realization that rights and freedoms are the gift of Allah, and rights and freedoms are based on a certain sacred meaning that constitute the will of the Almighty. That is the reason why the dignity in the Muslim world perception is considered something divine, as human rights in Islam derive their power not from the will of the state or representatives of the government machine or human nature, but only from the will of the Creator. Given the sacred content of dignity as a multifaceted category in Muslim law, it is strictly forbidden to take action against a person’s authority, honest name, reputation and position in society. Keywords: human dignity, Islamic law, rights and freedoms, Islam.

Goal. The aim of the work is a comprehensive analysis of the main problems and features of the influence of religion on the formation of modern legal families, including in the context of modern globalization processes. Method. The methodology of the study involves the integrated use of a number of general and special methods of cognition, in particular: terminological analysis, synthesis, structural-functional and comparative law. Results. In the course of the research it was proved that in the modern conditions of society development the religious legal family plays an important role due to the large number of citizens of the states that make it up. The factor that reinforces this role is the migration processes caused by globalization and integration phenomena. Today, despite its conservatism, the religious legal family under the pressure of external circumstances is forced to abandon some of its dogmas, mainly in terms of ensuring the development of the individual and the realization of his rights. The religious legal family is a separate type of legal system with its own peculiarities. It is important to distinguish between religious law and the national legal system of the state that makes up the religious legal family. Scientific novelty. The study found that in the legal families of traditional law, religion is decisive. This is manifested in the fact that, on the one hand, it serves as a regulatory mechanism for traditional, customary and other social norms. On the other hand, religion within the legal families of traditional law plays an independent role mainly in cases when it comes to regulating the activities of public law institutions. Practical significance. The results of the study can be useful in the process of developing a general theoretical and comparative religious model of formation and development of legal families of today, in particular in the context of globalization.

Using a comparative law method this article describes the similarities and differences in the obligations as a result of the injury in the Russian Federation and other countries of continental legal family, characterizes the responsibility for harm caused by deficiencies of goods, jobs and services under the laws of the countries in the Anglo-Saxon legal family. The work also suggests the ways to improve the legislation.

Legal system of a state determine the main source of law in making a legal policy, clearly legal systems has certain characteristic although on the development differences among legal system cannot be seen clearly.To comprehend and strengthen the legal systemof a staterequired an observation toward legal system of other states as comparison. The function of legal systems comparison is the basis to grouping states into the family of legal system.Basically legal system describes legal form of a state, hence when a legal system createdfrom structure, substance and culture of certain state the legal system must reflect the state identity. Several factors influence the process to develop a legal system, such as economics, political and social. Means, legal system could be form not only by internal values but also external factorsof state. As a result to avoid legal systems with thin similarities and differences, finding a suitable legal system that in line with the identity of a country is a better way.Discussion about the thin differences between Continental European and Anglo-Saxon do not get big attention as before, impressed ignored and turn out trigger of questions. Why a stateunable to consistently espoused the legal system?, whethergrouping legal systemsinto family of legal system no longer important?. This paper will answer those question by deeply examinethe restorationof legal system so that in line with the historical value of a state. Colonized states often apply legal system that comes from colonizer after independent which means their legal system is notthe state pure legal system that can be incompatible with the values that develop in a state. Would be inconsistent when the legal system applied is Continental European, but in fact the values, laws, institutions and legal verdict are based on the values of religious, Islam for instance.Gambia,a state in Africa with 95% of population is Muslim and the former British colonytake a big step by leave the legacy of colonial legal system, Anglo-Saxon. Gambia. How could a state forced to follow the legal systems of other states remember law is an independent rule, free from interference and coercion. This is the focus study will explain about that when legal system with openness value must have consistency with values that recognizedand upheld by society in a state. As a result changes in a legal system toward identity of a country are necessity and inevitable. On the other hand, debates and critics on the thin differences of legal system should be an independent study to discuss.

Introduction The notion of mixed legal systems is essentially a modern idea that increasingly shapes discussions about the nature of the world’s legal systems. A mere fifty years ago, mixed systems were treated as legal aberrations and were scarcely discussed. The focus was on a coherent ordering of les grands systemes , and no space was found in taxonomies for composites and hybrids. Under the influence of ‘mixed jurisdiction’ studies and legal pluralism, however, there is growing awareness that mixed systems, whether restrictively or expansively defined, are a widespread and recurrent reality. They have recurred too often and have endured too long to be regarded as accidents and anomalies. A recent study maintains that ninety-one legal systems may be categorized as ‘civil law’, and forty-two are ‘common law’. However a higher number – ninety-four – are listed as ‘mixed’ systems. The study arranged these mixtures into ten subcategories, under such rubrics as ‘Common law and Muslim law’, ‘Civil law and customary law’, ‘Muslim law and customary law’, and ‘Common law and civil law’. It is thus apparent that all the traditions discussed in the earlier chapters of this Companion – the Western, East Asian, Jewish, Islamic and sub-Saharan – have provided the legal material from which this vast array of hybrids was created. (See the appendix to this chapter for the legal systems listed.) An important difference of opinion, however, exists over the proper meaning and constituent elements of a mixed system. Scholars in the ‘mixed jurisdiction’ tradition, who follow the footsteps of early British comparatists (see section 17.2 below), tend to restrict its scope to a single kind of hybrid where the most comparative research has been done – mixtures of common law and civil law. In that perspective the number of mixed systems in the field shrinks to fewer than twenty around the world. However, many scholars under the influence of legal pluralism (including the comparatists who conducted the Ottawa study just mentioned) use a more expansive, factually oriented definition that enlarges the field and has no obvious limits.

The object of the study is public relations related to the formation and implementation of ideas of legal and social statehood. The subject of the research is the relations in the field of formation of the concepts of the legal and social state in the political and legal thought of the countries of Europe, America and Asia. The authors explore the issues of legislative consolidation of the principles of the legal and social state abroad. Special attention is paid to the specifics of the implementation of these concepts in various legal families. The problematic issues of the implementation of the principles of the rule of law are investigated. Attention is paid to the economic basis of the state as a necessary condition and prerequisite for the formation of a social state. The subject of the study is the influence of ideology on the practice of implementing social policy of the state. The interrelation of the legal and social state is substantiated. The research methodology is determined by the object and subject of the study. The key methods used are comparative methods: comparative legal, comparative historical; logical methods of cognition: analysis, synthesis, induction and deduction; as well as the formal legal method, which was used to analyze normative legal acts. The conducted research of the ideas of legal and social statehood and the practice of their implementation in various countries has allowed us to state that despite the presence of common features and the identification of common signs of these concepts, the implementation of these progressive views in real state-building faces significant difficulties. This is due to the presence of various legal systems, dominant ideologies, the degree of economic development and the social structure of society. The authors come to the conclusion that liberal ideology hinders the implementation of the concept of a social state, since by providing maximum economic freedom, the state fairly relieves itself of many social obligations. At the same time, in the countries of socialist law, the most favorable conditions are created for the practical implementation of the concept of a social state. The novelty of the conducted research also consists in substantiating the conclusion that the principles of legal statehood are fully implemented in countries with European legal systems. While in States with religious legal systems, it is difficult to consolidate the signs of a rule of law state.

The aim of the present work is to study the role of sociological jurisprudence and legal realism for the development of judicial law making in the modern legal system. During the study, the author used general scientific methods, including historical, comparative, and logical ones. An analysis of legal documents was also performed, which allowed making conclusions about trends in the Russian legal system.
 The study showed that sociological jurisprudence and the realistic school of law of the United States were milestones of the development of the same socio-legal school. It was determined that the supporters of sociological trends could be attributed to the moderate direction of the American sociological legal school, and the legal realists – to the radical one. The basis of the socio-legal school is formed by the ideas of pragmatism, which are expressed in the functional and instrumental approach to the law. One of the basic tenets of the proponents of socio-legal school is the following: the law shall harmonize the interests, actually act and be implemented in the activities of the court. Views of sociologists of law contributed to the approval of the idea of judicial law making not only within the Anglo-American legal family but also in the legal systems of the Romano-Germanic legal family. They drew attention to the process of decision-making by the court, the process of setting up the rule of law by the court.
 The novelty of this research is that we have identified not only the influence of supporters of sociological school of law on the beginning of the new phase in the development of law, but also that the process was legitimate, and representatives of the scientific direction were able not only to recognize the pattern of ongoing legal development but also tried to steer the process in the right direction, so that the law would not lose its regulatory function and would not become a soulless mechanism in the hands of law enforcers.

Comparative law or legal system is a scientific activity in comparing one legal system with another legal system, both the legal system between countries and the legal system in a particular country by comparing the legal system that used to apply with the legal system that is currently in force in a particular country, to find and find similarities and differences both in terms of its advantages and disadvantages in the legal system. In order to get an explanation to assess the effectiveness of the legal system. The legal aid system for the poor in Indonesia to access justice, until now, still felt not practical to provide meaningful benefits for the poor in Indonesia when facing legal problems.

The growth of the cryptoassets market inevitably leads to an increase in their popularity and use in everyday life. While earlier it was mainly connected with trading of crypto assets on specialised platforms, today individuals and legal entities are increasingly using them for various purposes. For example, for gaining access to a certain service provided by a project in connection, with which a certain crypto asset was created. Additionally, the crypto asset can be exchanged for a certain physical commodity. In general, users can structure a variety of cryptoasset use cases. Nevertheless, the regulatory framework of most countries still does not define the place of cryptoassets in civil law, which makes it unclear in many cases, which regime should apply to cryptoassets. Moreover, a separate issue is the definition of ownership of a crypto asset and the conditions for its acquisition. Given the special technological nature of cryptoassets, they may differ significantly from the general rules for the emergence of such a right under general provisions of civil law. In this regard, we assume that it is extremely important to determine the place of cryptoassets in civil law, as well as to determine the moment, when their ownership right arises for further circulation. In the article it is examined the approaches of the Romano-Germanic and Anglo-Saxon legal families in the context of recognition of intangible things as objects of property rights in connection with cryptoassets. It is also identified by the author the progressive approach of the Ukrainian legislation to the application of the provisions on things under the Civil Code of Ukraine to cryptoassets in the form of a digital thing. In addition, it is established by the author that the Anglo-Saxon legal family has more flexible rules that allow for the recognition of cryptoassets as intangible property through a case law system that can quickly adapt to dynamically developing industries. Finally, it is proposed in the article the provisions to determine the moment, when the ownership of cryptoassets arises for the purpose of their further civil circulation.

This chapter discusses legal families, legal culture, and context. A legal family is structured genealogically, with a parent legal order and its historical offspring or siblings. There are many classification systems for legal families. Classifications of legal systems do not necessarily have to be one-dimensional, they can just as well be hierarchical. Meanwhile, the idea of legal culture has long played an important role in comparative law. However, it is heavily burdened by its origin in legal sociology. Context thus becomes the core concept not only of individual comparison, but also of overall type comparison. In an individual comparison, working with context requires taking into account the entire legal and non-legal environment in which every legal rule exists. In a type comparison, the elements of this environment are aggregated.

This scientific article, the monograph of A.V. Seregin “The Evolution of Old Slavic Law (Middle Ages: from communal-veche sources to serfdom)”, analyzes normative and sociological approaches to the concept of the legal system of society. It is emphasized that the regulatory approach developed during the Soviet period of development of domestic jurisprudence, supported by the author of the monograph, which identifies such concepts as legal system and legal system, is not able to characterize the phenomenon of the legal system, because national law , which largely determines its essence, is only one of the components of the latter, its normative basis. Using such an empirical method of knowledge of legal reality, as an interpretation, and believing that the sociological approach to understanding the legal system seems more justified, the diversity of views of scientists on this general theoretical problem is emphasized. This draws attention to the fact that the problem of its broad interpretation in domestic jurisprudence has not yet been fully resolved. It is stated that if the normative, functional and cultural-psychological (ideological, intellectual) aspects of understanding the legal system for the most part do not cause serious controversy in the legal literature, then axiological, on the contrary, becomes a topic for numerous discussions. In this case, I mean, first of all, the ongoing dispute between lawyers about the role and significance of negative legal phenomena (legal nihilism, law's gaps and its contradictions) in the construction of the legal system as such. The author argues that consideration of both positive and negative legal phenomena should be considered as the content of not the legal system, but the legal life in all its diversity. Various arguments of a general theoretical and historical-legal nature are given in substantiating the conclusion that the emergence of a general Russian legal system is conditioned only with the approval of the sovereignty of the Russian state.

The article analyzes the influence of the economic theory of property in the Anglo-Saxon legal family on the content of property rights and other property rights in the United States of America. The article examines the essence of Anglo- Saxon property law and the doctrine of American and Russian legal scholars and economists. Based on the results of the study, the author identifies three factors that influenced the economic theory of ownership on property rights and other property rights in the United States, namely: economic, historical and ideological. These factors, according to the author, determined the degree of influence of the economic theory of property in the Anglo-Saxon legal family on the content of property rights and other property rights in the United States of America.

The article is devoted to the research of the institute of responsibility of public servants in the system of service law of Ukraine. It is emphasized the importance of legal support for the functioning of the public service system, in particular the regulation of the mechanism of responsibility of public servants. It is noted that the institution of responsibility is a mandatory element of the system of every branch of law, including official, because it is this legal entity whose task is to ensure the proper implementation of the legal status of every public servant. Considering the responsibility of public servants from the standpoint of social and legal content, the author emphasizes that the views of scholars on this issue are very different, as they reflect the palette of the worldview of each individual researcher and characterize the various aspects of public relations. In a wide sense, responsibility is a legal relationship between public authorities in the person of its authorized bodies and subjects of law, for the accurate and conscientious implementation of the requirements contained in the relevant rules of law. Analyzing the scientific views of scholars on responsibility, it is emphasized that in general, the liability of public servants should be understood as a procedurally established application of coercive measures of coercive influence on a particular public person for committing an offense. It is stated that the content of the legal nature of the institute of disciplinary responsibility of public servants, in particular in the system of service law of Ukraine, which needs proper research, remains important and extremely necessary for law enforcement and human rights activities of authorized subjects. Based on the analysis of scientific achievements of local and foreign scholars on the legal system, it is emphasized that currently there are different approaches to understanding the systemic structure of legal branches, in particular some scholars remain on the views developed in our time, while others try to adapt European researchers-lawyers on the system of law on modern Ukrainian realities. As a result, the author emphasizes that we can now state that each branch of law, which we call general, special or special law, always contains a list of legal norms in the appropriate relationship and sequence and thus ensuring the ability of the subject of rule-making, law enforcement or human rights activities to achieve the desired result – to create or harmonize existing social relations, giving them the status of legal relations. Keywords: public service, service law, responsibility, legal system, general, special and special part, sanctions.