Роль торговых обычаев в правовом регулировании пушной торговли в Российской империи (по материалам Северо-Восточной Сибири во второй половине XIX – начале XX в.)

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The main purpose of the publication is to analyze the role of trade customs in the process of legal regulation of the organization of the fur trade in the north-east of Siberia in the second half of the 19th – early 20th centuries. Achieving this goal presupposes an analysis of the norms of the legislative sources of the trade law of the Russian Empire during the period of modernization. The analysis of trade customs is based on examples from previously unpublished and unreported archival sources. Analyzed cash, trade books of firms “N. D. Everstov”, “G. V. Nikiforov”, ‘G. V. Nikiforov and Co”, “I. P. Antipin and G. V. Nikiforov”, Joint Stock Company of Match and Fur Factory “N. P. Rylov and F. P. Lesnikov”, containing records of transactions concluded on the basis of trade customs. The topic is of theoretical and applied relevance. The article is of an interdisciplinary nature. To solve the set tasks, comparative, problem-chronological methods, as well as functional and comparative legal methods of jurisprudence were applied in the work. The author determined that the synthesis of the norms of customary law of the indigenous population of North-Eastern Siberia with the norms of general imperial laws led to the formation of a complex of trade customs in the industry. The article analyzes the practice of implementing such trade customs in the fur trade, such as: accrual of debt to fishers and its transition to the next fishing season, unequal exchange, fixing commercial information in personal correspondence. As the main conclusions, it was noted that the trade customs in the fur trade were superior to the norms of the Trade Charter and other legislative acts of the state. This was facilitated by the special historical conditions and specificity of the legal consciousness of society in the outskirts of the Russian Empire. The development of commodity-money relations and the state policy of legislative convergence of the legal status of the indigenous and Russian population of the outlying territories of Siberia contributed to a gradual decrease in the role of trade customs in the fur trade at the beginning of the 20th century.