THE VALID AND SUPPOSED GAPS IN THE LAW AND WAYS OF THEIR EXECUTION IN THE LAW-ENFORCEMENT ACTIVITY OF THE JUDICIAL BODIES

Abstract

The article deals with the establishment of the validity and supposed gaps found during the law enforcement process, in particular, the judicial application of the enactments. The article notes that the complete elimination of the gap in the law occurs as a result of legislative process. Prior to the complete elimination of the gap, judicial and other law enforcement agencies ensure its one-time replenishment through the analogy of the enactment and the law. However, there are also such moments in the law-enforcement process, when its subjects, incorrectly analyzing the legislation, figure out a real gap in the law, when in fact it is supposed. In this regard, the authors analyze in detail the appeal of the court to the Constitutional Council and come to the conclusion that the court practice did not use in a particular case the methods of applying the analogy in law and appealed to the Constitutional Council about the unconstitutionality of the provision of the normative legal act. Although such a need, in the opinion of the authors, was not. The authors emphasize that while eliminating imaginary gap in the Rules, appearing a norm that creates more difficult situation for people searching permanent residence in other countries. The process of eliminating imaginary gap and creating new rules of law often leads for appearance a real gap: legislature makes such changes in legal act, which are not necessary, that leads for appearance a real gap in the law, for difficulty of legal regulation mechanism.