Abstract
The object of this research is the assemblage of social relations arising in the sphere of criminal justice in the course of eliminating legal gaps and contradictions. The subject of this research is the legal custom as one nontraditional sources of law for the Russian criminal proceeding, which is applied in the absence of norms consolidated in the normative legal acts, which are aimed at regulating the corresponding legal relations. Analysis is conducted on the essence of the concept of legal custom, means of formation, classification, and methods of application in criminal proceedings. Special attention is given to the methods of authorization of legal custom by the state, which may entail the recognition of this source of law as independent or transformation into another source of law. The main conclusions that also determine the scientific novelty of this research are as follows. 1. The system of Russia criminal procedure law is characterized by the development processes, which imply the formation and application of such an nontraditional source of law as legal custom. 2. Legal custom represents the rules not prohibited by law for performing procedural actions and making procedural decisions, which are translated into practice through repetition by the of the proceedings in the absence of the enforceable rule of law. 3. According to the method of formation, legal customs in criminal proceedings can be classified into dispositive (based on the voluntary will of the participants) and imperative (formed through tacit administrative influence). 4. Imperative legal customs are the negative phenomena of legal reality and cannot be attributed to the sources of law. 5. Authorization of legal custom as an independent source of law consists in its “tacit” approval by the government authorities. Textual consolidation of legal custom entails its transformation into a new form of law. 6. Universal practice is one of the characteristics of legal custom and a possible means for its legalization.
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