ЗВИЧАЙ У СУЧАСНІЙ ПРАВОВІЙ СИСТЕМІ РЕСПУБЛІКИ ПОЛЬЩА: ПРОБЛЕМИ ДОКТРИНИ, ЗАКОНОДАВСТВА ТА ПРАКТИКИ

Abstract

The article is devoted to the phenomena of custom and customary law in the context of the current legal system of the Republic of Poland. The doctrinal, normative and practical issues of legal validity of custom are studied in various fields of Polish law. The custom has not become an unnecessary throwback in the contemporary world, but continues to interact with relationships, forming customary law and strengthening the legal system. This is evidenced by the current Polish legal reality. The correlation between the exhaustiveness of the directory of sources of law envisaged in the Constitution of the Republic of Poland as well as the actual application of customary norms in legal relations is revealed. Customary regulation of the most important areas of social life can occur even in the face of doubt concerning the validity of customary law. This proves the experience of Poland, where the Constitution does not include custom or legal custom in an exhaustive catalog of sources of law, but it de facto regulates legal relations, is applied by the courts and is recognized by legal science. The positions of the Constitutional Court of the Republic of Poland on the legal validity of the custom are clarified. The role of customs in the main fields of Polish law is characterized. Customary rules show their effectiveness in various branches of Polish law – private, public and mixed. Customary norms in the public law of the Republic of Poland (constitutional, administrative, financial and criminal law) are analyzed. The niche of customary regulation in the private law of this state is highlighted. Much attention is paid to the provisions of the Civil Code and other normative legal acts that refer to customs. The peculiarities of customary norms in the mixed fields of Polish law (labor, maritime, environmental and medical law) are revealed. The customary norms palette in Polish law is extensive and very varied. The legal system of the Republic of Poland is filled with customs of different types, forms, levels and spheres, which indicates the multifunctionality of this regulator. The proper institutional conditions for the legal operation of custom were created in the Republic of Poland, as there are organizations that detect customary norms and established practices in the relevant planes, fix them and are empowered to confirm and refute the content of these rules. The Polish example of the functioning of custom in the legal system is cognitive and expedient is to be taken into account in Ukraine and deserves further researches.