UNCONVENTIONAL SOURCES OF CIVIL PROCEDURE LAW

Abstract

The article considers some issues of unconventional sources of civil procedure law.
The author analyzes problems of integration into the system of sources of law in the judicial
practice. The author studies the point of view of scholars regarding the concept of “unconventional
sources of law” and analyses approaches to the definition of “litigation”. Special
attention is paid to the most common arguments which deny the judicial practice as a
source of modern Russian law. Also, the author substantiates disagreement with the arguments
of non-recognition of judicial practice as a source of law. In conclusion, the author
expresses an opinion on the significance of judicial practice in regulation of civil procedural
relations.