ANALOGY
- application to public relations of legal regulation, directly not provided by law, of the legal norms regulating similar relations. A. - means of resolving cases when the consequences of legal significance are incomplete or absent in the norms of law.
The application of A. in the presence of a gap in the law does not fill the law and the act of creating a new norm is not. Application of A. is justified to the extent that it contributes to the strengthening of the rule of law.
A. has a scope of application, and in some industries is completely excluded.
A. widespread in civil law, as civil rights and obligations arise from the grounds provided by law. In the absence of a law governing disputed relations, the court applies a law regulating similar relations.
A. is possible in labor and administrative law.
Judicial practice recognizes A. in cases where there is a material norm, but there are not sufficient indications about the procedure for resolving the case.
A. is not allowed when bringing to criminal, administrative, disciplinary and property responsibility. This is the basis for guaranteeing the inviolability of the individual, ensuring the stability of legal regulation.
The application of A. in each case is individual and has no binding force.
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