Differentiation of gaps in the legislation from the involved phenomena in law

To separate definition of gap in legislative from other forms of uncertainty in law, many scientific articles and monographs are devoted. At the same time, in legal science there is no comprehensive study of the mechanism for establishing and eliminating gaps in legislation and its differentiation from other methods of establishing and resolving uncertainties in law, which in turn negatively affects not only legal science, but also legal practice. This article presents an analysis of judicial practice, which demonstrates that the court, having incorrectly established the presence of a gap in the legislation, chooses the wrong method of filling it, which in turn may lead to a violation of the principle of uniformity and application of the rule of law.

gaps in legislation, conflict of laws, qualified silence of the legislator, court, law enforcement