Year: 2025
Type: article
Abstract: Introduction. The nature and significance of the legal customs used in the activities of the modern court remain debatable. For legal science and practice, it remains relevant to determine their place among other sources of law, to identify their possible varieties. Purpose. The purpose of the study is to form scientifically based knowledge about legal customs in their relationship with judicial practice. To do this, it is necessary to analyze the main approaches to this issue that have formed in legal science, to distinguish the legal customs applied by judges from other related phenomena. Methodology. General scientific methods (methods of logic, system method), as well as such methods of legal science as formal legal, comparative legal, methods of interpretation of law were used. Results. It is proved that the legal customs used by the court may have a different nature, that the courts themselves participate in the formation of legal customs. The classification of legal customs in judicial activity is proposed. Conclusion. It is proved that without referring to the category of «custom» it is impossible to fully understand the essence of judicial practice and its customs and trends.
Authors: Sergey V. Biryukov, Mikhail M. Smolenchuk
Institution: Omsk State University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7203550123