The analogy of the law and the problem of sources of civil law
The application of the analogy of the law assumes that the issue of the sources in which to look for legal norms that regulate relations that are the subject of civil law will be resolved. However, the Civil Code does not provide an answer to this question. The purpose and objectives of the article. The purpose of the article is to clarify the range of sources of civil legislation, the settlement of which social relations excludes the use of the analogy of the law. To achieve this goal, the following tasks were solved: 1) to identify the range of sources of civil law recognized as such by the Civil Code; 2) to show the provisions of the procedural codes, logically fixing the legal norms, recognizing the legal positions formed by the courts as the norms of substantive (civil) law. Methodological basis: the main research method used by the author was the method of formal-logical analysis of civil legislation. Dialectical and systemic methods were used. Results: the fuzzy solution in Chapter I of the Civil Code of the issue of the sources of civil law is continued in part 1 of Art. 6 of the Civil Code, where only legislation, customs and contracts are named as preventing the application of the analogy of the law. Conclusions: there is a need for a clearer definition in the Civil Code of the sources of civil law and an indication in paragraph 1 of Art. 6 of the Civil Code to the fact that the regulation of relations by legal norms established by all these sources excludes the application of the analogy of the law.