THE GAPS IN CIVIL PROCEDURE LAW AND THE MEANS OF THEIR ELIMINATION
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 81)Publication Date: 2024-11-30
Authors : Kolisnyk Olena;
Page : 78-85
Keywords : gap in civil procedural law; omission; conflict of norms; analogy of law; analogy of legal provisions; precedent interpretation; Supreme Court case-law;
Abstract
Introduction. Civil procedural legislation clearly is expected to define the powers of the judicial body that administers justice, as well as the rights and duties of the participants in civil procedural relations with a high degree of accuracy, clarity, and certainty. However, even this area of law suffers from certain shortcomings and gaps. Objective. The aim of the article is to examine the admissibility of the existence of gaps in civil procedural law, identify acceptable methods for addressing them, compare legislative omissions and gaps in procedural law norms, and explore the role and significance of the interpretative practice of the Supreme Court in the correct understanding and application of civil procedural norms.
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