COLLISIONS AND GAPS IN THE LAW, WAYS TO OVERCOME THEM IN ADMINISTRATIVE JURISDICTION

Abstract

The article is devoted to the study of conflicts and gaps in the law, ways to overcome them in administrative proceedings. Emphasized attention that the level of protection of the rights, freedoms and interests of natural persons, and the rights and interests of legal entities against violations by subjects of authority depends on ensuring the proper quality of administrative legislation. Gaps in the law are defined as a complete or partial lack of regulation of social relations, which can be overcome with the help of rulemaking, analogy of law, conflicts in the law – contradictions between the norms of law enshrined in the legislation, which can be overcome with the help of interpretation by an authorized entity, cancellation, amendment and adoption of a new normative act, their systematization. It was established that the effectiveness of legal regulation of gaps as one of the defect of the legislation to the minimum level. It is proved that the effectiveness of the application of the analogy of law in administrative proceedings, as well as in other types of domestic proceedings, directly depends not only on on the purely professional qualities of the judge’spersonality, but alsoon the level of his moral consciousness. After all, the content of constitutional principles and general principles of law, which are the basis of the concept of analogy of law, is not limited only to legal frameworks. The article classifies gaps and conflicts in the law and discloses their manifestations in judicial practice. It is emphasized that an effective means of elimitating conflicts in administrative proceedings is the systematization of regulatory and legal material. At the same time, it was noted that such systematization should be correlated wich the pace and scope of the rule-making activity of the subfects of the systematization of regulatory and legal acts. The planning and intensity of legal rule-making, the volume of its burden on the relevant public authority should be adjusted downwards or aitogether exclude parallelism with the systematization of regulatory and legal documents. Along with this, it was emphasized that the key to reducing legal conflicts is constant monitoring of legislation, primarily in the rule-making process.