Romano-Germanic legal system is characterized by a number of features that apply to all States belonging to it.These features, of course, can not be provyaleny in each country the same degree.This is due to the historical and cultural characteristics of each state: reception Roman establishments carried out individually by each sovereign entity.
In particular, the claim that the Roman-Germanic legal system takes place in the Russian Federation, is controversial.The reason the Soviet past - a time when domestic legislation has undergone some significant changes.The importance of legal reforms that time, according to some Russian and foreign analysts, Russia can be attributed to a very specific type - the socialist legal system.However, this claim is subject to serious criticism, for understanding and justice, which is necessary to consider the structure of the continental branch.
Romano-Germanic legal system is characterized by the separation of the right to private and public.The logic of this classification is that the relationship between government and citizens is different from the interaction of individuals.
Romano-Germanic legal system is installed in the states in which the term "rule of law" means the same.He is treated as a rule of conduct, which has the following features:
- universal validity.This feature should not be taken literally.The universal validity has natural limitations.For example, acts of regional authorities are valid only within a subject, and the rights granted by federal regulations for the official can not be used completely by all citizens of the country.
- Persistence of Time.Romano-Germanic legal system is different, for example, from the Anglo-Saxon family in that particular norm the relevance and applicability, not only in a particular case.
- basis for codification.The rules of the continental system are not scattered, they come together and systematized in the relevant acts.One of the goals of the so-called Code is easier to find and understand the rules of conduct ordinary citizens.
- result of legislative initiatives.In the continental system of rules created in a specific order by the authorized officials.In Anglo-Saxon family there is case law (in the case issued a decision may be used as a model for the judges of the same level or lower courts in similar situations).
In addition, this release combines the features of the continental system, as the postulation of the secondary rules in relation to the principles.All of these features are characteristic of Russia, despite the fact that the Soviet past has imposed on the institutions of the State certain specifics.The legal system and legal families have similarities in different countries, but the repetitive fundamental legal phenomena help detect and classify unity.
