Role and significance of legal customs in national jurisdictions (in terms of the Russian Federation)
In the Russian legal science, there is an established opinion that today legal custom plays a secondary role in the system of sources of law, or even that it is a rudiment and is not required in regulation of social relations anyway. This position of scientists is explained by the fact that theories rejecting custom as a source of law were common in the ussr since the 1920s. There were numerous attempts to substantiate the impossibility and needlessness of its use in a socialist state. It was justified by the fact that custom is a “primitive” form of law that is not capable of efficiently regulating social relations and even hinders their development. Having studied the modern practice of application of customs in various branches of private and public law, the authors give reasons for the conclusion that the scope of legal customs still retains its significance in Russia. It is proved that the role of customs differs in respect of fields of private and public law, occupying an insignificant place within the latter. However, also in that case there is transformation of established ideas about legal customs, their position in the system of sources of law and the role in the system of legal regulation of social relations are revised. The authors of the article substantiate the need to preserve legal custom in the system of sources of law and propose measures to increase the efficiency of their use.
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A. R. Balasanyan. BUSINESS CUSTOM IN RAILWAY TRANSPORT OBLIGATIONS. St. Petersburg University of the Russian Interior Ministry. (2007).
E. A. Ershova. SOURCES AND FORMS OF LABOR LAW IN THE RUSSIAN FEDERATION. Moscow State Law Academy. (2008).
E. Boytsova. Five reasons for which children can be left with their fathers after a divorce. August 9, 2016. Available at: https://cutt.ly/ITCXheR
E. V. Ermakova. Legal custom as a form of enshrining legal rules in international law. BULLETIN OF SAMARA LAW INSTITUTE 2. 2012. P. 73-77.
Harvey Peña-Sandoval. Mediación narrativa: técnicas y método para resolver conflictos en las organizaciones. DIXI 17-22. 2015. P. 25-36.
I. G. Khmelevskaya. Custom as a legal resource of formation of civil law: significance and practice of application. In: STATE THAT CREATES: LEGAL RESOURCES OF FORMATION. PROCEEDINGS OF THE INTERNATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE. Belgorod State University. (2018). P. 310-313.
M. V. Kicha. CUSTOM AS A FORM OF LAW IN ANGLO-SAXON AND ROMANO-GERMANIC LEGAL FAMILIES: COMPARATIVE LEGAL STUDY. Russian State University of Justice. (2015).
M. V. Zakharova. LEGAL CUSTOM AND MODERNIZATION IN LAW (CASE STUDY OF FRANCOPHONE AFRICA AND MADAGASCAR). Moscow State Law Academy. (2005).
N. N. Razumovich. Sources of law and form of law. SOVIET STATE AND LAW 3. 1988.
N. V. Kozlova, S.Yu. Filippova. Custom in civil law. RUSSIAN LAW JOURNAL 1. 2019.
Supreme Court of the Russian Federation. On some issues associated with application of Part One of the Civil Code of the Russian Federation. BULLETIN OF THE SUPREME COMMERCIAL COURT OF THE RUSSIAN FEDERATION 9. 1996.
S. Yu. Golovina. “Blank spaces” of labor law. RUSSIAN YEARBOOK OF LABOR LAW 2. 2006.
V. M. Dikusar. INTERNATIONAL LEGAL ISSUES OF ENVIRONMENTAL PROTECTION. Institute of State and Law of the Russian Academy of Sciences. (2007).
V. A. Ponomarenkov. Ethnosocial determination of legal customs. “BLACK HOLES” IN THE RUSSIAN LEGISLATION 3. 2005.
V. A. Rybakov. Legal custom: The past and the present. MODERN LAW 3. 2009.
Yu. Yu. Vyatkina. History of emergence and development of custom in Russian law. CURRENT ISSUES OF MODERN SCIENCE 33. 2014.
