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Custom - this is what? Examples of legal, national, folk customs and customs of business turnover

Custom is a historically emerging stereotyped rule of behavior that is reproduced in a social group or society and becomes familiar to its members. The custom is based on a detailed pattern of actions in a particular situation, for example, how to treat family members, how to resolve conflicts, how to build business relationships, etc. Obsolete customs often replace with the passage of time new, more appropriate to modern requirements.

"The custom is older than the law," Ushakov's dictionary says. Let's look at examples of customs and try to determine what they represent in different spheres of public life.

Does the behavior pattern always become a custom?

As mentioned above, custom assumes a behavioral pattern. But the latter can not always act as a rule of conduct, since each person has the opportunity to choose one of the possible ways of acting depending on their interests, goals or tasks.

And social norms of customs are formed only if the stereotyped condition and habitualness of a concrete pattern of human behavior in the current situation are observed. If following the custom is natural and does not require the existence of a mechanism of coercion or control over implementation, then it becomes a social norm of behavior.

An example of the emergence of legal custom

If custom is a fixed stereotype of behavior that is sanctioned by state power, then it has received the status of a legal one.

The formation of legal customs occurs as a result of many years of experience (and this significantly differs from written law). For example, the creation of a system of law among the peoples of the Caucasus (related to the Russian Federation) was greatly influenced not only by Russian legislation and sharia norms, but also by centuries-old traditions of the mountaineers.

To them, of course, can be attributed the veneration of the elders in the family (which, among other things, is associated with the famous phenomenon of longevity of the Caucasians). Or, for example, the custom that limits the family contact between people with different blood relatives (daughter-in-law with a father-in-law in the house can not even meet by chance) - all these customs have acquired the status of legal, entrenched in legislation.

Having become legal, customs also receive legal significance: that is, a court or other state body can refer to them as a source of law.

If they are not supported by state power, they remain at the level of everyday norms of behavior. For example, the custom of blood vengeance in the Caucasus, officially banned, but actually continues to exist, or the national custom of the Slavs to "wash" every significant event in the family or at work, with which the law is also struggling for the time being.

What is a legal custom: an example

By the way, pay attention to the fact that the sanctioning of the legal custom is carried out in the form of a reference to it, rather than to its textual fixing in the law. If the consolidation took place, then the source of law is not the custom, but the normative act in which it is reproduced.

As an example, one can cite an unwritten order, which at one time was worked out in representative bodies: the right to open the first meeting of the newly elected parliament was granted to the oldest deputy. In the new Constitution of the Russian Federation (Part 3, Article 99), this custom has received legal confirmation and, accordingly, the highest legislative force.

Interaction of law and customs

Separately, it is necessary to consider the relationship between legal norms and existing in any society customs. How do the legislatively fixed rules and folk customs, which are inherent in particular social groups or strata of society, interact?

Most often, such relationships are reduced to a few basic options.

  • Useful customs for the state and society are supported by legal norms and conditions are created for their implementation (respectful attitude to elders, care of children, priorities in property relations, etc.).
  • Legal norms periodically serve also to displace harmful customs for society, such as, for example, excessive consumption of alcohol or, in some ethnic groups, bride price, blood feud, bride price and some Sharia norms. There are customs associated with racial or religious intolerance, which are naturally cut off by the state.
  • In some cases, legal norms are indifferent to customs, mainly if they relate to interpersonal relationships or domestic behavior.

Examples of legislative consolidation of folk customs

Once custom acquires a legal character and its compliance is ensured by a state control mechanism, it gets a more stable position.

An example is the ancient customs typical of the communal system in Russian villages. They are up to the early 20th century. Lay in the basis of normative-legal acts of land use and land relations. All the disputes that arose during the use of the plot were settled at a village village gathering, and the court was only asked if one of the parties believed that the decision was unfair.

The principle of solving such issues as the crop sowing, skewing (infringement of the boundary during the mowing), sitting of the neighboring wedge, etc., was mainly dictated by the customs to compensate the damage caused by an equal action or to determine the price: "you sowed my strip , And I'll sow yours, "" For the harvest of cereals, collected from an unauthorized sown wedge - 8 copes to the owner, and 8.5 - for work. "

The relationship between civil and customary law in Russia

True, in the jurisprudence of the Russian Federation in our time, references to customary law are rarely used , since the stable legal system has not yet fully developed and has not existed for a sufficient time, and the public consciousness continues to change, which impedes the creation of a system of established customs that can Be the source of law.

But in the country the practice of concluding civil-law contracts based on observance of usual norms is intensively developed, and corporate codes are also being formed in this way . Custom is the source of the law, which is applicable first of all in the field of private law, since there participants of legal relations have a certain freedom of choice.

What are the customs of business turnover?

As already mentioned above, the legal custom has become the most widely disseminated in civil law. The Civil Code of the Russian Federation determines that the custom of business turnover is an established rule of conduct that is universally applied in one or another area of entrepreneurial activity, not provided for by law, and regardless of whether it was recorded in a document or not.

For example, every Monday at enterprises in Russia it is customary to hold planning meetings, travel in a fixed-route taxi in most cities of the country is paid immediately at the entrance, and in Irkutsk, on the contrary - at the exit or during negotiations held in a cafe or restaurant, unless otherwise specified, Ladies do not pay for themselves. Such practices include a handshake that underpins the outcome of any agreement and legal force, which is a receipt certified by a signature only, etc.

The development of entrepreneurship was the impetus for the emergence of new rules in the conduct of business and the customs of business turnover. They complement the existing legislation in cases where the latter can not fully meet the needs of any sphere of business relations. So, in the art. 309 of the Civil Code of the Russian Federation mentions, for example, that the fulfillment of obligations must exactly correspond to the requirements of the law or legal acts, and in the absence of such obligations, to the customs of business turnover. A similar reference is also made to art. 82, contained in the Customs Code of the Russian Federation.

How do multinational customs coexist in Russia?

The peoples inhabiting Russia are a multitude of ethnic groups with different cultures, traditions and customs. This position throughout the history of the state dictated the need to take into account the national factor in legal regulation.

At various times, the state's attitude toward the possibility of applying customs was different: from following the principle of free development of national minorities to determining the criminal responsibility for making decisions based on the customs of the indigenous population.

But in Russia, regardless of the official position, there have always been traditional legal systems, creating at times a situation of double regulation. By the way, it has survived to this day, however, having moved to a new level of interaction between positive (state) and traditional law.

Conclusion

As can be seen from the above, custom is a stereotype of behavior that can also be a source of law. Customs changes: some of them are introduced by social practice, some are imposed by certain layers of society, some - become obsolete and fall away.

Customs serve as a norm supplementing the law, as well as pointers of the due and possible in the life of each member of society, they are created by people, and their application contributes to raising the level of legal culture, as well as the accumulation of experience of relations between citizens of the state seeking to establish comprehensive democracy.

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