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Attributes of a Legal System

Although the first steps in the formation of the state system in Belarus were only taken at the beginning of the 20th century, the legal system of our country has deep historical roots. The sources of Belarusian feudal law are among the other famous ancient sources of law in the world (such as the Hammurabi Codex, the Law of the Twelve Tables, the Justinian Codex and the Napoleonic Codex). The aforementioned declaration refers to the famous statutes of the Grand Duchy of Litovskae of 1529, 1566 and 1588 years. The statutes of the Grand Duchy of Lithuania of 1588 were the law applied and the entire legal system of Belarus and Lithuania was based on the status of these statutes for 250 years. The Polish Constitution of 1791 should also be mentioned here as a remarkable legal document that is important in the history of the development of the Belarusian legal system. This constitution, along with the American and French constitutions, can be described as the most progressive documents of the 18th century. As a rule, there are few generalizations that can be made through different constitutions. First, constitutions seek to regulate the distribution of powers, functions and duties among the various agencies and government officials, and to define the relationship between them and the public. Second, no constitution, no matter how well designed, can protect a political system from effective usurpation. Third, those in power in many countries are more or less completely ignorant of the constitution. Fourth, even when constitutions work, none are complete: each works in a matrix of compromises, customs, or jurisprudence.

Fifth, most begin by identifying (at least on paper) the constituent authority (such as “the people”) and often refer to the deity (i.e., Canada, Germany, Greece, Ireland, Pakistan, Switzerland). Sixth, they generally separate the legislative, executive and judicial branches of the State. Seventh, they usually contain or incorporate a bill of rights. Eighth, they often provide a method for repealing laws and other instruments that are unconstitutional, including the Bill of Rights. Ninth, they address the international scene only in general and, in practice, they confer extensive powers on the (federal) executive. Finally, they deal with the status of international law by giving or denying it direct internal effect. After all, the legal system of the Republic of Belarus, with its branches of law, legal institutions and legal norms, is far from perfect: various legal provisions have imperfections, including constitutional norms, a lack of clear hierarchy and contradictions between legal acts. The analysis of the emergence and development of the legal system of the Republic of Belarus shows that the content and dynamics of this system are influenced not only by politics and political culture, but also by the entire cultural richness of society: religion, philosophy, morality, artistic culture and science.

It goes without saying that the development of Belarus` legal system is closely linked to economic factors – such as the development of the productive forces and the relationship between labour and management as a result of the emergence of the market economy. Needless to say, the further development of legal systems outside Belarus influences the formation of the legal system in our country, for example, our traditional legal values interact with the new legal values of foreign legal systems. There is no doubt that the interaction of our legal system with others will progress. In many civil law countries, pPP agreements are governed by their own administrative law. It is important to seek legal advice on the ground to see if these rules apply in a particular civil system. It is also important to note that in a civil jurisdiction, unless the contract provides that the parties have agreed to arbitration, the contract will be performed by the administrative courts. Some of the main administrative provisions applicable to delegated administrative arrangements are listed below. All these individuals can own property and hold it for their own property (house, clothing, etc.) or as a business or investment (office buildings, factories, stocks, savings accounts). Only socialist systems have tried to prevent this second function of property by prohibiting individuals from owning “the means of production.” The property in question may be tangible and is often referred to as immovable and movable (or according to customary law, real estate and personality). Ownership can also be intangible, such as debts, copyrights and patents. If owners have full legal capacity, they can usually manage their property at will, subject to public policy rules (e.g. zoning regulations).

They can manage their property during their lifetime or at will, although many systems ensure that some of the deceased`s property goes to close relatives. The first group of legal elements can be described as the legal system of Belarus, which is historically formed and objectively exists outside the legal structure. The structure is defined by the nature of regulated industrial relations and is reflected in the unity and coherence of interconnected legal norms and their division into branches of law (sub-branches of law) and legal institutions. The basis of competence for the application of the law consists of (1) a written or oral constitution; (2) primary law, laws and regulations; authorized by the legislative body authorized by the Constitution; (3) The body approved under primary law shall adopt laws or ancillary statutes; (4) traditional practices confirmed by the courts; (5) Civil, common, Roman or other legal norms as the source of such principles or practices. (*Dictionary of Law: What is a Legal System? Definition) The Belarusian legal system currently comprises the following branches: constitutional law, civil law, administrative law, criminal law, labour law, family law, land law, financial law, criminal procedure law, civil procedure law, law of execution of sentences, etc. The complex of legal institutions is the second group of elements of the structure of the legal system. These are the State authorities implemented by the Constitution and other laws implemented by the National Assembly (Parliament), the President, the Council of Ministers (Government), ministries, State committees, local councils of deputies and local executive committees of the Republic of Belarus. Legal institutions also include law enforcement agencies (judicial bodies, prosecutors` offices and internal affairs bodies), public legal protection organizations (Belarusian Consumer Community, Confederation of Lawyers of Belarus), etc. A contract that takes up a substantive administrative principle and specifies exactly how it is to be applied will generally be effective. But a modification or repeal of a principle of administrative law may or may not be legally possible – this should be reviewed. For example, it may not be possible to completely deprive a contracting authority of the possibility of unilaterally changing service standards. In France, the law annuls any attempt to derogate from the possibility for the contracting authority to unilaterally terminate a contract.

Some civil law books also contain mandatory notice periods before the breach of contract, which cannot be avoided or cancelled. Common law systems offer greater flexibility to provide different types of collateral on assets – an important feature of PPP agreements that involve commercial financing such as BOT. They also have the concept of trusts, which make it possible to hold collateral from a trustee for lenders in a syndicated credit situation without the need for a formal transfer or re-registration of collateral on behalf of new lenders. Civil law has no such concept, so security rights usually have to be re-registered in the name of the new lender (including additional registration fees and notary fees).