science-review.ru
Scientific journal
Название журнала на английском
ISSN 2500-0802
ПИ №ФС77-61154
ISSN 2500-0802
ПИ №ФС77-61154
SUMMARY OF LEGAL USAGE AND ITS ROLE IN THE SYSTEM OF SOURCES OF LAW
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Methods, techniques and forms of participation of public authorities in the implementation of effective mechanisms for legal practices cause intense debate for a long time. Appear overly strict positivist statements concerning the authorization mechanism. The second extreme is frequently ignoring the views of the State in which the customs act on their own due to the fact that they exist and are recognized by the public. The progression of this thesis, of course, leads to the absolute of all the possibilities of custom-sufficiency customs. Exist in current practice and tolerant approach, which is considered the source of the custom of society and the state in relation to it performs hierarchical assessment and regulatory functions. On the one hand, the public authorities assess the extent to which the content of customary rules required by law, and on the other – a positive assessment enables inclusion of custom in the hierarchical structure of law, the advantage of which is given to legislation.