Материал: Uchebnik_dlya_sud_expertov

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Case 1.

A drunk walked into a supermarket. When the manager asked him to leave, the drunk assaulted him, knocking out a tooth. A policeman who arrived and tried to stop the fight had his jaw broken.

Case 2.

A man owns a large country estate which he has turned into a wildlife park. The park is surrounded by a five-meter fence and is regularly patrolled by security guards. One night one of the lions escaped and killed a valuable horse in the adjoining field which is owned by Henry.

Case 3.

The plaintiff’s friend bought her a bottle of ginger beer which had been manufactured by the defendant. She became ill in the result of drinking the ginger beer which contained the remains of the discomposed snail. She sued the manufacturer for the compensation for damages she had suffered.

Case 4.

A defendant owed the plaintiffs a sum of money for building work. The defendants consistently refused to pay the money knowing the plaintiffs were in financial difficulty, they offered to pay only half of the sum to settle the debt. The plaintiffs reluctantly accepted. Then they sued for the recovery of the outstanding debt.

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Case 5.

The plaintiffs asked their bankers to inquire into the financial stability of the company with which they were having business dealings. Their bankers made inquiries of the company’s bankers who carelessly gave favourable references about the company. Reliance on these references caused the plaintiffs to lose $117,000. The plaintiffs sued defendants of their careless statements.

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UNIT 5. SOURCES OF RUSSIAN LAW

1..

2.What are the official sources of law in Russia?

3.Why does the Russian Constitution provide for the complicated procedure of the adoption of the federal constitutional laws?

4.What do federal laws regulate?

5.In which cases does the Constitution guarantee the priority of the act of a constituent component?

6.What is a code?

7.What happens if any international treaty of the Russian Federation establishes rules other than those established by a domestic law?

8.What is the main aim of decrees and directives of the President?

9.What is the role of the precedent in the judicial practice in Russia?

TEXT

SOURCES OF RUSSIAN LAW

Historically, Russia belongs to the continental legal system, and a written law, which was passed under the established legislative procedure, is the main legal source. About 10,000 laws, regulations, and other legal acts are passed in Russia annually.

The Constitution is the supreme Russian law and major legislative instrument. It establishes the principle of superiority of law in the system of legal sources. All other legal acts, such as decrees of the President, Governmental regulations, acts of Ministries and other federal executive agencies, as well as legislation passed by the constituent components of the Russian Federation cannot contradict laws. All laws are passed exclusively by the Federal Assembly.

Federal constitutional laws establish the group of the most important legislative acts. Because of their significance, the Russian Constitution provides for the complicated procedure of their adoption. The federal constitutional law is adopted if it has been approved by at least three-quarters of the total number of the Federation Council members and by at least two-thirds of the total number of the State Duma members. The President of Russia cannot veto federal constitutional laws. The list of federal constitutional laws is prescribed by the Constitution. It includes laws on the state of emergency, the change of the status of a constituent component of the federation, on constitutional amendments, on government, on referendum, on the judiciary, on the Constitutional Court, and some other.

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