GAPS IN THE LAW: POSITIVE APPROACH AND THE CONCEPT OF NATURAL LAW

Abstract

After analysing the positive approach and the concept of natural law, the article identifies the peculiarities of addressing gaps in law. Thus, the author examines modern approaches to understanding gaps in law, determining that, as in most other definitions of law, the emphasis is placed on systematicity, institutionality and normativity, which ensure the regulation of social relations (interaction) of people.From the perspective of gaps in law, the author believes that the issue under study is extremely important for understanding where the root of the problem lies, since both doctrine and regulations enshrine the concepts of gaps in law and gaps in legislation, but there is no clear understanding of how to identify the existence of such a problem in practice and apply approaches to its solution. At the same time, a positive and natural understanding of law has a significant impact on the formation of the practice of resolving gaps.The author emphasises an extremely important aspect – law does not have a clear and unified perception. At different stages of its existence, from its inception to the present, the role of law, its functions, methods, and the mechanism for regulating social relations have differed significantly.And today, there is still no clear and structured understanding of what is correct and what approach to understanding law contributes to the most effective performance of all the functions that have been assigned to it.The article also notes that in relation to Ukraine, at the current stage of development, we can see a clear positive trend in the formation of natural law.To conclude, the article states that in countries with positive legal perception, where law is legislation, gaps in law are gaps in legislation. In countries with the dominant concept of natural law, gaps in law and gaps in legislation exist in a certain relationship, and when a situation arises where a gap in legislation becomes apparent, law is applied as a regulator of social relations in a broad sense.