History of state and law of foreign countries. Civil law. Criminal law and procedure (most important)

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History of state and law of foreign countries. Civil law. Criminal law and procedure (most important)

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Civil law. Criminal law and process

Special attention should be paid to civil law Great Britain, since only the most important civil legal relations were subject to legislative regulation:

1) in 1875 The Act on Special Rules for Concluding Real Estate Transactions was adopted. It provided for mandatory registration of such contracts;

2) in 1882 the law on bills of exchange, which streamlined the bill of exchange law, was published;

3) in 1893 issued an Act on the sale of goods. He settled the relationship between the seller and the buyer and established the moment of transfer of ownership of the acquired things;

4) in 1893 "trust property" was regulated by law. "Trust" was recognized as a universal institution: it could be created for any purpose, with the exception of illegal ones;

5) in 1907 the concept of "private company" is introduced - a legal entity that did not place assets among small investors and was not required to disclose its balance sheet.

It should be noted that the norms of social law UK were the result of the struggle of the proletariat.

United Kingdom, for a long time the main capitalist country of the world, was the first to face what was later called the "labor question". The response to the organized actions of the proletariat was the publication in 1799 an act that forbade any associations that set as their goal the demand for higher wages (the law against the coalition). The legal status of professional organizations was completely indefinite. The Act, issued in 1871 under pressure from the working people, did not provide for trade unions. AT 1908 BC pensions for the elderly are introduced, which were paid to persons who have reached the age of 70, who have lived the last 20 years within UK, who during this time did not receive help from charitable societies, did not refuse to do what they could and did not receive an income of more than 30 guineas a year.

Statutory law was of particular importance for criminal law.

So, in 1861, several important laws were adopted:

1) damage to property;

2) about forgeries.

Published in 1916 BC The act of theft absorbed 73 previously issued statutes. It provided for criminal liability for all property crimes:

1) theft;

2) burglary;

3) blackmail;

4) robbery;

5) fraud;

6) misappropriation.

Published in 1913 Forgery of Documents Act also incorporated 73 previously existing statutes.

The punishments imposed by the English courts were notable for their excessive cruelty.

Thus, during the period under review, the following types of punishments were applied:

1) the death penalty;

2) link;

3) hard labor from 3 years and for life;

4) imprisonment;

5) corporal punishment;

6) fine.

The criminal process in the English court had its own peculiarities. So, crown magistrate had great powers. He could give his assessment of the sufficiency or insufficiency of the evidence presented, which for the most part influenced the minds of the jury. If the judge does not agree with the opinion of the jury, he may invite them to reconsider the verdict. It should be noted that the jurors were recruited from the propertied strata, which also affected the objectivity of the decision. It should be noted that the sentences decided by the Crown Judge could not be overturned. Previously, a wrongful sentence could only be overturned if the crown agreed to issue an "error order". The verdict under appeal was subject to cancellation only on the condition that a legal error was discerned from the minutes of the court session. English criminal procedure law for a long time did not know the institution of review of cases due to newly discovered circumstances.

Author: Selyanin A.V.

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