Law

The article deals with the theoretical issues of classifying personal and civil rights and freedoms as constitutional. The scope of consideration includes the two main positions on defining a constitutional right and constitutional law legal relations. The ways of constitutionalizing the principle of the personal and civil rights and freedoms equality irrelevant of the language in the Russian and U.S. constitutional law are analyzed.

The article considers the specificity of the Russian Federation Constitution enshrined the principle of equality before the courts in relation to the adversarial principle. The author substantiates the idea that this principle has two aspects, expressing its essence: the substantive and procedural. In the material sense, it represents a concretization of the constitutional principle of equality and is largely associated with the provision of formal or de jure equality.

Introduction. The current concept of “compatriot abroad” is supplemented by the condition of free choice in favor of spiritual, cultural and legal ties with the Russian Federation. The purpose of the work is to study this condition in the context of the designated concept. Theoretical analysis. The author has revealed that free choice is an action committed by a person, indicating the desire for the emergence of legal relations based on spiritual, cultural and legal ties with the state in order to be recognized as a compatriot abroad.

Introduction. Until today, the prevailing opinion is that precedent did not play a significant role in the legal system of Rome. However, a number of sources, in particular the papyrus entries of judgement which record the provincial legal practice in Roman Egypt in the period from the 1st to the 3rd centuries, say otherwise. The significant role of precedent in the legal system of Rome is also evidenced with the texts of M. Tullius Cicero, M. Fabius Quinctilian, Pseudo-Asconius, G. Julius Victor. Theoretical analysis.