Open AccessIntensification of Application of the Analogy of Law in Overcoming Civil Law Uncertainty
Author(s) -
В. А. Микрюков
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.129.8.063-071
Subject(s) - analogy , civil law (civil law) , law , legislation , political science , normative , enforcement , common law , public law , philosophy , linguistics
The purpose of the paper is to show how actively and effectively the mechanism of analogy of law is used in modern practice of applying civil legislation. Based on the analysis of judicial acts in specific cases, the author substantiates the conclusion concerning the regularity of the expansion of the application of the analogy of law in judicial practice. The importance of using this mechanism to ensure the absence of gaps in law is demonstrated not only for the administration of justice, but also for effective civil law regulation of the continuously developing economic relations of organizationally and property-separated enterprising participants (subjects). The author substantiates a new view on the correlation between the increase in the volume and detail of the normative material and the level of civil legal certainty and with the degree of demand for the analogy of law in the activities of law enforcement officers. It is proposed to keep selecting and examining specific examples of the use of the analogy of law in the resolution of civil disputes in order to provide generalizations and explanations of the practice of direct application of the principles of civil legislation at the level of the Plenum of the Supreme Court of the Russian Federation.