International Business Management

Year: 2015
Volume: 9
Issue: 6
Page No. 1194 - 1201

Genesis of the Russian Legal System: Historical Regularities and Peculiarities

Authors : Saphiya Khamitova Mukhametgaliyeva and Valentina Igorevna Kuzmenko

Abstract: In the development of any legal family and system a special emphasis is laid on the process of Genesis which affects their basic characteristics. The analysis of the genesis of the legal family and system is supposed to say what we mean by studied category, what factors determine and initiate the beginning of its formation and the formation and influence the directions of its development. In the process of writing, it was used the universal principles of scientific cognition: philosophical categories of essence and phenomenon, scientific research methods (logical analysis and synthesis, functional and historical and legal methods). The Russian legal system is a set of interconnected structural elements of the entire legal reality of the Russian State at a certain stage of historical development. Based on the analysis of legal literature it has been identified and analyzed the following stages of development of the Russian legal system: the period of formation of the Russian legal system of ancient provincial government of IX-XIII centuries. The period is characterized by a territorial community-based organization of power; the stability in the power system in the form of assembly meetings; the actual unity of the legal sources on the territory of the Russian State in the period of feudal fragmentation. The legal system of the Moscow State of XIV-XVII centuries. To the peculiarities of the “Moscow-the Russian legal system one refers the flexibility and diversity of its sources while preserving the traditional fundamentals of the legislation. The customary law of the Russian lands kept on working, the Russkaya Pravda; the Middle of the XIX century beginning of XX century. Russia abandoned direct borrowings, the norms of the legal systems of Western Europe. The norms of law were adopted selectively, being thoroughly studied with regard to their legal realities. The Soviet legal system in the 20-80s of XX century. The Soviet period in the development of the legal system was characterized by proclamation of the ideas of the new law and state. The post-Soviet legal system of Russia the end of the XX century. Russia announced the construction of a new state. Important is the study of legal historical development of both rights and statehood from the point of view of legal continuity and the opportunity to avoid repeating the errors that could be a barrier to its development.

How to cite this article:

Saphiya Khamitova Mukhametgaliyeva and Valentina Igorevna Kuzmenko, 2015. Genesis of the Russian Legal System: Historical Regularities and Peculiarities. International Business Management, 9: 1194-1201.

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