Legal system

Ochirbat Togookhuu

Civil law (or civilian law) is a legal system originating in Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles arecodified into a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional lawwhich gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent).^[1][2]

Historically, civil law is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, canonical, feudal, and local practices,^[3] as well as doctrinal strains such as natural law, codification, and legislative positivism.

Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules.^[4] It holds case law to be secondary and subordinate tostatutory law.

Legal systems of the world

  Civil law

  Common law

  Bijuridical/mixed (civil and common law)

  Islamic law (Sharia)

Ochirbat Togookhuu QUALITY AND COMPETENCE ACCORDING TO THE LAW OF FORENSIC SCIENCES IN ESTONIA

Kaja RODI, Robert ANTROPOV Estonian Police Forensic Service Center, Tallinn, Estonia Abstract By year 1996 Forensic Service Centre had become a central forensic institution that was able to serve the whole Estonia. Due to several reorganisations and structural changes that had taken place in the history of forensic science in Estonia, the legislation in the area of forensic science was splintered end contradictious. Several different laws regulated the area. Together with stability there grow a need to regulate and to unify forensic activity, to determine the lega1 status of forensic expert and to ensure availability of specialists by creating a database of officially certified experts. Due to huge development of science end technology it was extremely important to assure the efficiency and validity of legislation that regulated forensic examinations. Elaboration of forensic Examination Act started in 1996 and the Act was passed on May 30, 2001. The Act entered into force on January 1, 2002. The main objective in elaborating the Forensic Examination Act was: 1. to assure quality of forensic examination by unifying forensic activity determining legal status of forensic expert and creating a database of officially certified experts; 2. to cut down governmental costs by creating a system of charging the expenses of forensic examination from the convict. Estonia is one of the few European countries having Forensic Examination Act. German, French and Austrian legislation was used in the process of elaboration.