Закон и правовой обычай как источники водного права в России второй половины XIX в.

Abstract

The article is devoted to studying sources of water law in Russia in the second half of the XIX century. The authors’ attention is focused on the correlation between law and customary law as sources of water legislation. It is emphasized that the topic under consideration is weakly studied in pre-revolutionary legal literature and modern historical and legal literature. The paper presents Russian legal scholars of the second half of the XIX century on the discussion topic of determining the place and role of custom in legal reality. The analysis of the sources of water law allows the authors to conclude that the main formal legal source of water law in Russia in the second half of the XIX century was the law, while customary law, as a regulator of water relations, prevailed in the peasant community.