Strilets O. The Custom within the System of Contemporary Law

The thesis contains comprehensive scientific analysis of the custom within the system of contemporary law. The contemporary views on the custom within the system of contemporary law have been studied. As the result of the research it has been defined that the study of the topical issues of customs' usage on the present stage is primarily based on scientific achievements of the scientists of the XIX-XX century, which in their turn were based on the works of Roman and Medieval jurists. The definition and the meaning of the custom as the form of contemporary law have been defined. The author comes to the conclusion that the custom is an external expression of political, economic, social, cultural, moral and ideological principles of relationships in a society. The historical genesis of the legal custom in Ukraine has been studied, the classification of legal customs (general and special) has been developed and the significance of the legal customs has been defined. The thesis contributes to the enhancement of the periodization of the formation and development of customary law in Ukraine. The specific features of application of legal custom in public law of Ukraine and in the sphere of private law regulation have been studied. The foreign tradition of customary law usage has been analyzed. The main directions of legal customs usage in regulation of social relations in Ukraine have been formulated.