Theoretical and methodological approaches to the definition of gaps in the law

Mamedrzaeva Gyuzel Murtazaevna

the problem of legal gaps is one of the most important theoretical and legal problems. However, at present there is no unanimity among theoretical scientists in the definition of the concept, content and essence of gaps in the law. This necessitates a comprehensive study of this problem. The object of the study in the present article is the current doctrine, theoretical and methodological approaches to the definition of the essence of the concept of gaps in the law, legally significant characteristics of gaps in the law. The author has chosen the Institute of gaps in the law as a legal category as a subject of research. The methodological basis of the research is dialectical, systemic, concrete historical, comparative legal, structural and functional approaches, the method of institutional analysis, various methods and techniques of interpretation. The scientific novelty of the proposed research is that the author attempts to systematize the existing scientific ideas on the definition of the concept of gaps in the law, identifies legal signs that indicate the presence of gaps in the law. Also, in the course of the study, the author concluded that it is necessary to improve the procedure for the adoption of normative legal acts.

Keywords:gaps in the law, rule of law, law enforcement, analogy of law, legal regulation, legal understanding.