Правовой обычай: теоретические и информационно-правовые аспекты

Abstract

Separate approaches to understanding legal custom are considered. The problem of the conceptual apparatus of this sphere is noted. The concept of legal custom is defined, which is understood as a rule of conduct that has developed as a result of the actual application for a long time, recognized by the state as generally binding. There is a direct link between legal custom, society and the state. It is concluded that with the emergence and development of legislation, the legal custom has not lost its relevance and significance. It is noted that the legal custom in the system of Russian law is reflected in the areas of civil, family, commercial, land, municipal law. It is noted that the legal custom does not cease to lose importance over time, its application can be discussed both at the early stages of the development of society and in modern Russian legislation. In addition, the custom is still preserved in the regulatory legal acts of the Russian Federation and has a significant impact on the law enforcement activities of participants in civil turnover. It is concluded that in the conditions of intensive informatization there is a metamorphosis of the sphere of legal regulation, the system of sources of law. Information technologies affect the sphere of legal regulation, which includes public relations that did not exist before or do not require regulation. It is summarized that the legal custom occupies a certain niche among the sources of Russian law and is valid in law enforcement practice.