Application of business practices: the ratio of judicial practice and legislation

The purpose of the article is to specify the problem of business practices application in regular and arbitration courts of the Russian Federation. The article analyzes a number of research works of different authors published in specialized scientific and practical periodicals with the aim of defining reasons of judicial practice contradictions in application of business practices, current civil and civil procedural legislation. On the basis of the analysis the author concludes that existing judicial practice of business practices application contradicts the current civil and civil procedural legislation. The reason of the contradiction lays in the fact that civil and civil procedural legislation has been established by the legislator only for the application of official legislation norms that completely excludes custom action.