Bridging legislative gaps through judicial lawmaking in civil proceedings in Ukraine and Europe

Abstract

Legislative gaps are constantly happening in the law-making process. Therefore, they should be considered a kind of law-making error that significantly reduces legal regulation effectiveness and complicates law enforcement. At the same time, the gap may be justified by the lag of legal science from the dynamically changing social relations, for which it does not keep up. In this case, the gap can be compensated in various ways, the choice of which depends on the type of gap and the specific facts. Analysis of the causes of gaps has shown that the emergence of gaps is often facilitated by insufficient elaboration of the legislative idea and its implementation in specific legal regulations.