Matat Y. Gaps in the law and how to overcome them in the practice of law.

Thesis is dedicated to the complex general-purpose research of legal gaps problematic and how to overcome them in legal practice. The research paper provides authors definition of legal gaps; regulation is developed related to the combination of evidence that allow posing a question regarding the availability of legal gap in each specific case; scientifically grounded classification of legal gaps have been conducted. The author has provided doctrinal reasons that the subject to legal analogy and analogy of law application can be not only courts but also other law-enforcement bodies. Grounds and conditions are defined on which courts can apply legal provisions as additional instrument to define incomplete legal regulation. The role of the European Court on Human Rights practice in the mechanism of overcoming legal gaps in national legislation is established. Base on this a conclusion has been drawn that the European Court on Human Rights practice together with the provisions of the Convention on Human Rights and Fundamental Freedoms should be directly applied by national courts as a legal instrument intended to balance the absence of "detailed legislation", and also contribute to the solution of legal files with the existing gaps in national legislation. The thesis work researches the issues related to the definition criteria of admissibility of analogy with the purpose to overcome gaps in the legal system; condition to apply the analogy institute in law enforcement activity is studied; the issue regarding the correlation between industry-specific, inter-industry legal analogy and analogy of law is solved. The research paper contain a number of suggestions and recommendations on how to increase technical legal sophistication of laws and regulations focused on the prevention of the initial gaps origins, as well as their early elimination by the rule-making bodies.