Concepts reflecting the complete or partial absence of legal norms or their individual elements necessary for the settlement of the behavior of law-able subjects: the question of terminological certainty and content fullness
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2019, Vol 1, Issue 1
Abstract
An attempt was made to overcome the terminological uncertainty of the general theoretical categories, reflecting the complete or partial absence of legal norms or their separate elements necessary for the regula-tion of the behavior of law-able subjects. The arguments to confirm the methodological incorrectness of use in the modern legal doctrine that postulate the pluralism of approaches to legal thinking, the legal terms "gaps in law" and "gaps in legal regu-lation", as well as correctness of the use of terminology-concepts "gaps in the objective law "," Gaps in national legislation "," gaps in legal acts "and" gaps in the law ". Proposed their author's interpretation: 1. Gaps in objective law are the total or partial absence of legal norms or their separate elements necessary for regulating the behavior of law-able entities in the existing sources of objective law. 2. Gaps in legislation (gaps in national legislation) are the total or partial absence of legal norms or their separate elements necessary for the settlement of the conduct of law-able entities in Ukrainian laws, existing international treaties of Ukraine, consent to be binding decrees issued by the Verkhovna Rada of Ukraine, as well as resolutions of the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, decrees and resolutions of the Cabinet of Ministers of Ukraine, adopted within their authority and in accordance with the Constitution of Ukraine and the laws of Ukraine. 3. Gaps in legal acts are a complete or partial absence of legal norms or their separate elements necessary for the regulation of the behavior of law-able entities in the law or by-law normative-legal act. 4. Gaps in the law are the total or partial absence of legal norms or their separate elements necessary for regulating the behavior of law-able entities in a specific law.
Authors and Affiliations
I. A. Serdyuk
Keywords
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- EP ID EP584422
- DOI 10.31733/2078-3566-2019-1-40-44
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