Abstract: The object of research attention in the article was the phenomenon of the origins of law. The main approaches in Russian historiography to the definition of the sources of law and their relationship with the sources of law are considered as the subject of the study. The purpose of the work is to attempt to substantiate the need to separate the sources of law from the semantically overloaded category of sources of law into an independent category. The author pays special attention to the polarity of opinions in the existing discussion regarding the origins of law, which is due to both the lack of elaboration of the problem, the polysemy of the term "source", and the differences in approaches to legal understanding.
The author focuses on the fact that in various classifications there is a special division of the sources of law into "primary", which once in ancient times laid the foundation for the institution of law, and "secondary", functionally feeding the law up to the present. On this basis, regardless of the approach to understanding law, it seems logical to separate the "primary" sources of law into a separate theoretical category of "sources of law" with the prospect of its consolidation in the theory of state and law. The practical significance of the allocation and the need for a special study of the origins of law are justified by the fact that the search and identification of the chronologically oldest sources of law in the system of regulatory regulation of a potestar-early class society can be the key to an attempt to develop a universal, integrative definition of law.

Abstract: The subject of this research is the set of factors and peculiarities of the emergence of institution of inheritance and its establishment in the late-clan community. The goal of this article lies in the attempt of approximate reconstruction of genesis and establishment of the institution of inheritance in primeval society at the stage of emergence and institutionalization of private property. The research objectives lies in determination of the key stages of genesis of the institution of inheritance; as well as in review of the types, forms, principles, limitations, heirs, economic and cultural specificity, and normative status of heritable property. Methodology is based on the concept of multilinear neoevolutionism that allows usage and generalization of ethnological materials on primitive societies for the purpose of reconstruction of preliterate past. The author introduces ethnological materials of the XVIII – early XX centuries that describe synpolite primitive tribes that retained a centuries-old way of life and were never exposed to a direct influence of civilization. The conducted research is highly relevant, since genesis of the institution of inheritance has not previously become the subject of particular consideration within the Russian legal science. The author examines the multi-stage evolution of the institute of inheritance on the examples of tribes of the various economic and cultural types and levels. In the context of emergence and development of the institution of matrimonial law, the article demonstrates the formation of two types of inheritance within the late-clan community: by law and by will. The first type suggest matrilineal transfer of the right of use of collective property to the immediate cognate relatives, as well as patrilineal transfer of intangible goods – privileges, posts, statuses, etc. The second type was applied to acquisition of private property, and made a difficult path of institutionalization and stage-by-stage expansion of the power of testation.