Article | Suniehin S. Applying the Analogy of Law in Administrative Proceedings: Some Analytical Thoughts |
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Authors | Onishchenko N. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 2 / 2016 |
Pages | 75 - 81 |
Annotation | The article reveals the general theoretical aspects of the analogy of law on theexample of administrative procedure. It is pointed out, that the fundamental principles of lawwhich form the basis of analogy of law as one of the ways to overcome the gaps in law andlegislation in the implementation of the administrative proceedings, characterized metanormativecontent. In this regard, it stresses the need to ensure the integrity and balance ofsocio-and-normative regulation, which includes at least the legal and moral components.Based on the conducted analysis, the authors conclude, that the analogy of law in administrativeproceedings shall be applied not only in cases where there is no relevant law, but each timeconsidering an administrative case. The latter is due to the fact, that the application of therelevant constitutional the general principles of law «cement» the reasoning of the adjudgement,endowing its content far more convincing. |
Keywords | analogy of law, general principles of law, justice, equality, judicial discretion,administrative procedure, law, morality. |
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