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Law and Politics
Reference:
Trubitsina, T.A.
The institution of analogy in the Russian law.
// Law and Politics.
2007. № 1.
URL: https://en.nbpublish.com/library_read_article.php?id=50095
Trubitsina, T.A. The institution of analogy in the Russian law.
Abstract:
The attitude of scientists towards analogy in law is dubious. The analogy seems close to the Anglo-Saxon system of law (and it is often compared to the precedent), and for this reason some legal scholars representing Roman – German legal system seem to be skeptical towards it and consider that it might lead to violations of separation of powers. Nevertheless, application of norms and principles of law by analogy in the absence of legal norms regulating particular relations is rather widespread in practice. This article by T.A. Trubitsina is devoted to application of analogy of law and legislative act in Russian Federation.
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