HISTORICAL METHOD AND MODERN CIVIL LAW RESEARCHES
Introduction: modern Russian civil researches are often based on histori cal analysis of Russian legal experience. The historical method is in most cases specified in the section on methodological bases of dissertation researches. Re searchers, really, address to history. However, often there is no understanding of requires for such appeal to history. Whether has historical experience practical value? Often, despite rich history with legal traditions, the Russian legislator and the legal theory address not to legal history, but to other arguments (expediency, foreign legal experience, etc.). The address to such arguments is submitted to be simpler, than application of historical legal traditions. Thus historical legal tradi tions can be used only after the corresponding adaptation under modern realities. Purpose: to prove a need of the appeal to legal historical experience of Russian law, especially of XIX-XX centuries. It is necessary to address for development of Russian law to Russian original legal traditions. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectic logic, historical method and method of the comparative legal analysis; the private legal dogmatic method. Results: Russian civil law (legislation and legal theory) in many respects is based on historical legal experience since XIX century. In this research work criteria for definition of possible borders of admissible use of historical legal experience are investigated. Conclusions: it is necessary to combine use of domestic legal experience of XIX and XX centuries for ensuring identity of the national law.