108
12. (To follow) the colonization,
such laws, (to be written down) and (to incorporate) into the legal
systems, were (to impose) by the colonial powers.
13. (To be unwritten) common attributes of customary legal systems are seldom organized into a set of
rules.
14. Usually customary laws (to be agreed) upon by members of the community.
UNIT 5. LEGAL SYSTEMS OF THE WORLD: LEGAL SYSTEMS OF
RUSSIA, THE UNITED KINGDOM, THE USA
TEXT 1
What Legal System does Russia Belong to?
Vocabulary
1. to be defined according to – быть определенным в соответствии с
2. to borrow much from – здесь: унаследовать много от
3. to follow this path – идти этим путем
4. to come back to the roots – вернуться к своим корням
5. to be closer to something – быть ближе к чему-либо
6. to fit something – полностью соответствовать
7. to put together a case file – формировать дело
8. inquisitional system – система расследования
9. to bring up a sentence – вынести приговор
10. adversarial proceedings – состязательный процесс
1. Прочитайте текст и скажите, к какой правовой системе следует отнести Россию.
While establishing its legal system Russia has passed several stages which can be defined according to
their historical periods.
Before the socialist revolution (1917) Russian law system borrowed much from German legal
system and formally could be included into the German sub-branch of the continental law. After the
October Revolution Soviet lawyers decided to find their own unique way in law and followed this path
for at least 75 years, they tried to find their own identity and to create Soviet socialist law in Russia.
After these attempts failed, Russia tried to come back to its roots, i.e., to the European system of law.
Therefore, from the formal point of view the Russian law system
is closer to the Roman-
German law than to the Anglo-American one. It has many features of European continental law but we
cannot say that it fully fits it. Modern post-soviet Russian legal system
obtains its individual
approaches to various aspects of law.
As Russia’s legal system is based on a civil law system,
influenced by Roman law,
its emphasis
is made on codification. All decisions are based on the foundation of statutes and codes rather than
judicial precedent, as it is evident in common law. It is brightly demonstrated, for example, in criminal
law. As
in other civil law countries, the pretrial investigation in Russia is the dominant phase in the
criminal process.
In this part of the process, a judicial official of the state puts together a case file
which contains all evidence of the case and then comes the court which
holds an active role in
determining case facts, using a more inquisitional system and bringing up a sentence.
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