SUBSIDIARY APPLICATION OF LEGAL RULES AS A MEANS TO ELIMINATE LEGISLATIVE LACUNAE
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 1, Issue 5
Abstract
The article deals with the legal nature of the institution of subsidiary application of legal rules, defines the basic requirements and preconditions for its use in the process of law enforcement activities. We have substantiated the provision according to which subsidiary application of legal standards should be considered more widely than merely as an inter-branch analogy, since it can be applied either there are legislative lacunae or not. We have concluded that subsidiary application of legal rules means application of regulatory directions to the specific relations, which regulates similar essential features of relations in related spheres. On the basis of the analysis, we have suggested a set of features indicating the difference between the analogy of the law and the subsidiary application.
Authors and Affiliations
Yurii MATAT
Keywords
Related Articles
- EP ID EP671705
- DOI -
- Views 59
- Downloads 0
ACTUAL PROBLEMS OF LEGAL REGULATION OF THE ACTIVITY OF THE CENTER FOR ADAPTATION OF THE CIVIL SERVICE OF UKRAINE TO THE STANDARDS OF THE EUROPEAN UNION
The article reveals the content and essence of the legal status of the Center for Adaptation of the Civil Service to the standards of the European Union as a direct entity providing information-analytical, expert and org...
HARMONIZATION OF EU TAX LEGISLATION IN TERMS OF REALIZATION OF THE ASSOCIATION AGREEMENT BETWEEN UKRAINE AND THE EUROPEAN UNION
The article deals with the theoretical and legal aspects of the harmonization of tax legislation of the European Union in the context of the implementation of the Association Agreement between Ukraine and the European Un...
ON THE ISSUE OF QUALIFYING SIGNS OF NON-ENFORCEMENT OF A COURT DECISION UNDER THE LEGISLATION OF UKRAINE AND THE STATES OF THE EUROPEAN UNION
The article deals with various concepts of definition of qualifying attributes of a crime. The qualifying attributes of the crime, stipulated by art. 382 of the Criminal Code of Ukraine “Failure to comply with a court de...
THE NORMANS SETTLEMENT AND ITS INFLUENCE ON STATE SYSTEM IN WESTERN EUROPE AND KYIVAN RUS
The article describes the process of settlement of Normans in different regions of Western and Eastern Europe on the basis of analysis of sources and modern scientific concepts. The author analyses the mechanism of Norma...
TRANSCENDENTAL NATURE OF LAW
The author analyzes the transcendental nature of law as its main feature that is the basis of self-sufficiency and perfection of law. The phenomenon of freedom, which is interpreted as a special being of the individual,...