The Romano-German legal system is characterized by a number of features that apply to all states belonging to it. These features, of course, cannot be sunk in every country to the same extent. This is explained by the historical and cultural features of each state: the reception of Roman institutions was carried out individually by each sovereign entity.
In particular, the assertion that the Romano-German legal system takes place in the Russian Federation is controversial. The Soviet past is caused by a period when domestic legislation has undergone a number of significant transformations. The importance of legal reforms of that time, according to some Russian and foreign analysts, allows us to classify Russia as a very specific type - socialist legal systems. However, this statement is subjected to serious criticism, in order to understand the essence and justice of which it is necessary to consider the structure of the continental branch.
The Romano-Germanic legal system is characterized by the division of law into private and public. The logic of this classification is that the relationship between government and citizens is different from the interaction of private individuals.
The Roman – German legal system is established in states in which the term “rule of law” is understood equally. It is interpreted as a
rule of behavior with the following characteristics:
- Generally binding. This characteristic should not be taken literally. General bindingness has natural limitations. So, for example, acts of regional authorities act only within the boundaries of the subject, and the rights provided by the federal norm for an official cannot be used by absolutely all citizens of the country.
- Consistency over time. The Roman-Germanic system of law differs, for example, from the Anglo-Saxon family in that a specific norm is significant and applicable not only in a particular case.
- The basis for codification. The norms of the continental system are not fragmented, they are combined and systematized in the relevant acts. One of the goals of creating the so-called codes is to simplify the search and understanding of the rules of conduct by ordinary citizens.
- The result of legislative initiative. In the continental system, norms are created in a certain order by authorized officials. In the Anglo-Saxon family, there is case law (a decision made in a case can be used as a model for judges of the same level or lower instances in similar situations).
In addition, they single out such a unifying feature of the continental system as postulating the secondary nature of the norm with respect to principles. All these signs are characteristic of Russia, despite the fact that the Soviet past imposed certain specificities on the institutions of this state. Legal systems and legal families have similarities in different countries, but repeating fundamental legal phenomena help to discover unity and make a classification.