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
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