Analogy of statute and analogy of law as doctrinal tools for overcoming gaps in civil legislation

The scholarly article is devoted to the analysis of the legal nature of the analogy of statute (analogia legis) and the analogy of law (analogia iuris) as important doctrinal tools for overcoming gaps in legislation. The study substantiates the role and significance of these instruments within the legal system. The relevance of this topic stems not only from the need for theoretical justification of the aforementioned conceptual aspects but also from the aspiration to address practical issues aimed at creating concrete legal mechanisms to ensure the proper application of statutory and legal analogy in the processes of legal regulation. The subject of the research is the concept of analogy of statute and analogy of law, which includes the definition of their meaning, essence, place within the legal system, correlation with adjacent legal categories, legal and technical foundations, and the boundaries of their application. The study also highlights the limits of permissible use of the analogy institution and presents various academic approaches to defining legal gaps. In legal science, the analogy of statute and the analogy of law are generally referred to as legal analogies. The relationship between these two forms of analogy is not purely theoretical: a correct understanding of these doctrinal instruments is essential for rendering lawful and well-reasoned decisions in cases where legal gaps are present. The research demonstrates that, under modern conditions, the presence of gaps is an inherent feature of law, and both analogy of statute and analogy of law should be regarded as doctrinal tools for addressing such gaps within the legal system. The use of legal analogies as a method of filling these gaps encourages a creative approach while simultaneously preserving the boundaries of law enforcement, preventing the transformation of this process into law-making. The significance of the conclusions lies in the fact that the article’s propositions collectively provide a comprehensive understanding of the content of analogy of statute and analogy of law as doctrinal tools for bridging legal gaps. Furthermore, the study determines their place within the legal system, legal technique, and the modern challenges associated with their application. The results of this study form a foundation for further scholarly research into mechanisms for overcoming legal gaps.