Пробелы в позитивном праве: доктрина и практика

Институт законодательства и сравнительного правоведения при Правительстве Российской Федерации, 2021.

Editor-in-chief: Н. Н. Черногор

Publication based on the materials of the VI International Scientific Conference of Legal Theorists "Gaps in Positive Law: Doctrine and Practice", held on February 20–21, 2020 at the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The Institute is a platform for the all-Russian annual meeting of legal theorists - the largest forum of Russian theoretical and legal science, which annually brings together leading scientists from the country, as well as from near and far abroad, representing reputable educational and scientific centers and schools. In 2020, general theoretical problems of gaps in law were brought up for discussion, and the conference itself was timed to coincide with the 80th anniversary of Professor V.V. Lazarev. During the discussion, the classical postulates of the legal doctrine on gaps in law were updated, the views on this phenomenon and the realities of its existence established in the theory of law were problematized. Along with this, new questions are posed and hypotheses are put forward, as well as the results of scientific research reflecting the features of modern practice of legal regulation, the impact of global social transformations on the legal sphere, taking into account the specifics of the current stage of constitutional development of sovereign states, including the Russian Federation. For lawyers-scientists and practitioners, teachers, students and postgraduates of law schools and faculties, as well as a wide range of readers interested in the problems of the development and effectiveness of modern law.

Chapters

Судебная оценка пробелов арбитражного процессуального законодательства

Фокин Е. А., В кн.: Пробелы в позитивном праве: доктрина и практика.: Институт законодательства и сравнительного правоведения при Правительстве Российской Федерации, 2021. С. 275–283.

The subject of the research is the issue of gaps in the arbitration procedural law. The article aims to illustrate the main gaps discovered by judicial practice, and applied approaches to addressing them. Institutions of the commercial procedure such as corporate disputes, a mandatory pre-trial claim procedure, a settlement agreement, and summary proceeding were selected ...

Added: October 26, 2020

Keywords: позитивное право, gaps in law, пробелы в праве