CONVENTIONAL CIVIL RIGHTS OF RUSSIA IN THE SOVIET AND MODERN RUSSIAN HISTORIOGRAPHY

Abstract

Urpose and methods. The article examines the study of customary law in Soviet and modern Russian legal science. In Soviet legal science, in which Marxist terminology, in fact, restored the legist understanding of law as a law created by state power, the problems of customary law were practically not studied. Of course, the social disappearance of the traditional peasant class and its customary legal relations also played a role. In the educational literature, the history of law was interpreted, beginning with the Russian Truth, as the history of legislation. Scientific novelty. The study of customary law was resumed only in the studies of the peasant community and folk culture in the 1970s and 1980s. In two monographs of the historian VA Aleksandrov, the main subject of which was the history of the communal organization of the Russian peasantry, the issues of customary law, primarily in land and family inter-community relations in the serf village, were covered. Some aspects of customary relations were also covered in the works of TA Bernshtam, AG Gorin, MM Gromyko, PN Zyryanov, but in general the Soviet historiographic period regarding the study of customary law turned out to be unproductive. Modern Russian legal science has resumed research on customary law in general theoretical and historical and legal perspectives, mainly in the form of dissertation research and articles and monographs published according to their results. Practical significance. The materials of the article can be used in training courses on the history of the state and law of Russia and of interest to teachers and students of legal specialties of universities.