An analogy of law and an analogy of law are provided for the purpose of temporarily filling legal gaps. In the first case, when resolving cases, they are based on a norm calculated on the regulation of such social relations. An analogy of law is a decision of a certain case in accordance with the general principles of law, industry or institution of this discipline.
The use of such an act indicates that the legislation does not contain a specific rule that could be applied to this case. However, similar provisions are provided by which this case can be resolved by legal methods. For example, legislation regulates the conduct of sweepstakes, lotteries and other risk-based games. But not all issues in this category are governed by the standards of this institution. In this regard, if, for example, a thing of inadequate quality (with defects) was transferred to a person as a gain, then the dispute that may arise will be resolved using the rules for the exchange of goods purchased in retail conditions.
The analogy of law and the analogy of the law in some cases is directly provided for in the law itself. For example, in accordance with Article 778 of the Civil Code, the terms and costs of technological, experimental design, scientific and research work apply the provisions of Articles 738, 709 and 708 of the Civil Code, that is, the regulations in accordance with which the regulation of relations under a contract is carried out .
An analogy of law may apply if it is expressly permitted by law. Its use in solving administrative issues is unacceptable. This is due to the fact that the ideas formed by various officials about dissimilarity or similarity may vary. Accordingly, the conclusions made may be different. In this case, there is a danger of arbitrariness, which, in turn, can lead to lawlessness. The normal outcome for strengthening the rule of law is the termination of the case if it turns out that the actions of the person involved do not violate the requirements.
Otherwise, the resolution of the conflict is carried out by civil, civil procedure norms. Article 6 of the Civil Code stipulates that if relations are not directly regulated by civil law or an agreement and there is no business practice applicable to them, and if there is no contradiction to the content of these relations, similar norms are used. If the use of such norms is not possible, the obligations of the parties are established in accordance with the general meaning and principles of civil law. The analogy of law is thus applied.
For the proper use of such standards, certain conditions must be observed. Thus, the analogy of law can be applied to public relations, even in the most general form, relating to the field of legal regulation. It should be noted that the application of similar (similar) norms in the presence of an act (norm) that directly regulates relations will be considered a gross violation. When using the analogy, it is necessary to carefully analyze the legislation, as a result of which the question of the use of such norms is resolved. Moreover, the similarity should be determined in general forms, and the discrepancy should be in the details. Using analogy requires a reasoned explanation of the reasons.
A special variant of the similarity of norms includes subsidiary use of provisions. It is the application of the norms of one branch or institution of law to relations that are regulated by another branch (or institution).