Customs of the Law Enforcement Practice as a Means of Protection of Civil Rights of Parties to Economic Relations

The customs of law enforcement practice are an expression of the effectiveness of the judicial and administrative procedure for resolving the conflict (Article 11 of the Civil Code of the Russian Federation). Implemented as rules-regulations, rules-requirements, rules-restrictions, rules-goals (preventing actions, fulfilling requirements) they express the objectified experience of individual legal activity. Despite the similarity of customs with related concepts (custom, routine, legal principles, legal positions), their existence is not proved, and they cannot be changed at the will of the participants in the legal relationship. In contrast to the custom, the party that refers to it must prove the existence of the custom (Article 65 of the APC of the Russian Federation). In contrast to the established order, customs may refer to unwritten individual regulation, despite their enforcement nature. From the legal principles and legal positions of the higher courts, as a form of guiding judicial practice, the customs reflect the development of current practice.