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THE CONCLUSION

Development of the Roman Law of the period of republic and principate epoch has been caused social and economic and political factors. At this time easing of legal positivism was observed. Genesis gonorarnogo the rights had close interrelation with the ancient Roman device of the political power, іде tseshralpaja a role in legal proceedings under private-law disputes primadchezhala to city councils.

Within the limits of the powers judicial мапіеірлп.і Carried out the jurisdiction direct and mediated more extraordinary. Direct extraordinary jurisdiction was covered by frameworks of the administrative form of protection when influence on the offender appeared by results of investigation ka_\sa еооіиеісгвующим the official. Such intervention upon shodnchoe judicial city council since process times under lawful claims if it saw necessity to operate with administrative methods, 15 these communications it is quite possible to tell, that the Roman Law in rassmlr'zhlemyj the period was not only system of claims as it it is accepted B ИСНЮИОІ raffias, but also system of administrative protection frames - measures of direct extraordinary jurisdiction.

Later phenomenon is the system sredin the mediated extraordinary jurisdiction, which beginning oprede.g jus transition in second half of republican period or le ї isaktsioshjugo legal proceedings to legal proceedings per formulas. C the window of time with a sufficient share of probability is possible говорінь about coexistence of the direct and mediated protection. IjJCiimp-iMie іерриюрии the Roman state, increase числешюспі нлсеїепіч SLOZHN=NI Є the civil circulation inevitably should sh lead to a prevalence of the mediated jurisdiction so как* ".'posredstvenno to understand a considerable quantity the various has put to judicial city council was not under force. However in defined elushjah it is impossible to exclude possibilities of application by city council and administrative decrees as effective alternative of the actions within the limits of the judicial form of protection of the rights. In favour of it svpde іельсівует development kognitsionnogo legal proceedings in a principle ia and its definitive statement in quality edinstvennoju a litigation kind already during the following period of history rimskoju the states and the rights.

Legal means of direct extraordinary jurisdiction in the form of the restitution, livery and pretorskih stipuljatsy represented special cases of application of decrees, or interdiktov in a broad sense as they were designated by classical lawyer Guy. Application of the specified means was реіллмепігчтлно ediktom city council though their use in конкрсіном slushe could and not lean against preliminary formalisation.

Mediated jurps shknnn should recognise as the basic institutes the fiction, ekstseptsii and the claims based ’ і actual facts. Fiction in the Roman Law having appeared went itself the mechanism of application of the legal analogy when the prediscretion "the rule of law the sanction was applied to others a disposition and ішю і by it, in re t\ltate that the new norms supplementing positions turned out write ' lOi about the rights.

Extraordinary ekstseptsija посію і pjala lacks of legislative regulation private-law to meal of pussycats. Along with the claims based on actual обстояіелі. With y\. ekstseptsija promoted the civil right. When by means of battle or the specified category of claims of position of the law dopo pg she as in a concrete vital situation of it trebochl ia e\the striding validity, it is possible quite obosnovanno loculi '. About realisation of the mechanism of application of analogy of the right. In іш ah e teas of the right and a duty of participants of the civil circulation opreds the inventory the general principles, and, first of all, a principle spraved півосі and.

In some cases the Roman city councils not julko dopo pini the civil right or promoted it, but also overrode it g.perativnym to positions. The reason for that was historical іiecoti'Bt. івие the law to developing relations, that not only expanded прсді y legal regulation, but also radically npeowpnt yvalo already existing legal field.

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A source: Tumov Victor Viktorovich . The extraordinary jurisdiction in ancient Rome was the epoch of the republic and the period of principle. Thesis for a candidate of law degree. Samara 2005. 2005

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