Orzikh V. Application by notaries of the analogy by legislation and analogy by law

The dissertation is the first complex research of the legal status of the notary as a subject of application of analogy in the civil law of Ukraine. In the dissertation analyzed the definitions of the concept of "application of law" in civil law and legislation of Ukraine. It is established that application of law is a special form of realization of law, which at a certain stage accumulates other forms of application of law, thus determining its special and universal imperative nature. It was found that the mechanism of application of law is the activity of authorized subjects, which with the help of a set of legal means to influence social relations, perform the task in order to achieve the appropriate result. The effect of the application of law mechanism starts in the presence of the legal fact, authority and object of legal influence. It was found that the method of the application of law is the intrinsic part of the structure of application of law, which characterizes the activities of the subject which authorized to apply law and the manner of solving the tasks. There are two main methods of the application of law: imperative and dispositive. It is established that the final stage of the application of law is the making the final decision which objectifies in the act of the application of law, which directly accumulates the circumstances of a particular casus and legal norm, which regulates the disputed relationships and forms relevant conclusions. It was found that one of the features of the act of the application of law as a legal phenomenon is its ability to eliminate obstacles and shortcomings of the legislation during the process of application of law, which leads to the most effective achievement of the tasks by the subject, which apply the law. It is determined that the subjects, which authorized to apply law are specially authorized persons (bodies, officials), who empowered with the certain range of authorities to resolve a specific casus in the process of applying legal norms and making decisions based on the results of the process of application of law. Key words: notary, notary, application of law, subject who authorized to apply law, mechanism of the application of law, legal gaps, analogy bylegislation, analogy by law, mechanism of the application of analogy.