Scientific and Doctrinal Views on the Problem of Gaps in International Law and the Criteria for Gaps
( Pp. 299-302)

More about authors
Nikiforov Svyatoslav Vadimovich Lecturer at the Department of International Law, ; Senior Lecturer at the Department of History, Theory of State and Law and International Law; Moscow International University
All-Russian Academy of Foreign Trade of the Ministry of Economic Development of the Russian Federation
Moscow, Russia Moscow International University, Moscow, Russia
Abstract:
The purpose and objectives of writing the article are to analyze the existing scientific and doctrinal views on the problem of gaps in international law and the criteria for gaps. Methodological approach. The work uses general scientific methods, in particular analysis and comparison, as well as methods of legal interpretation. Results and conclusions. The article examines the nature of the gap, concludes about the reasons for the appearance of gaps, suggests the grounds and criteria for classifying gaps, ways to fill them.. The originality and value of the work lies in the identification and development of the classification of gaps according to the degree of gap in different gaps according to the following criteria: the place of the gap in the international legal system, the "volume" of the gap, the number of subjects of international law affected by this gap, and the method of filling the gap.
How to Cite:
Nikiforov S.V., (2022), SCIENTIFIC AND DOCTRINAL VIEWS ON THE PROBLEM OF GAPS IN INTERNATIONAL LAW AND THE CRITERIA FOR GAPS. Gaps in Russian Legislation, 3 => 299-302.
Reference list:
Convention on International Liability for Damage Caused by Space Objects, 1971 - URL: http://www.un.org/ru/documents/decl_conv/conventions/damage.shtml.
UN Convention on the Law of the Sea, 1982. - URL: http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_r.pdf.
Lazarev, V. V. Gaps in law and ways to eliminate them: [monograph] / V. V. Lazarev. - Repr. ed. - Moscow : Norma : INFRA-M, 2019. - 183 p.
Likhachev, V.N. Gaps in modern international law: (Theory. and the methodol. aspects) : Dis. on the job. learned. step. Dr. yurid. Sciences : (12.00.10) / Academy of Sciences of the Ukrainian SSR. Institute of State and Law. - Kiev : B. I., 1990. - 52 p. - Bibliogr.: pp. 48-52 (29 titles).
Ovsepyan Zh.I. "Gaps and defects as categories of constitutional law"// Constitutional and municipal law. - 2007. - No. 15. - pp. 10-11.
Petrov A.A., Tikhonravov E.Yu. Gaps and collisions in law: educational and scientific-practical manual / A. A. Petrov, E. Yu. Tikhonravov. - Moscow : Prospect, 2017. - 80 p.
Keywords:
gap in international law, degree of gap, criteria of gap, international legal regulation, conventions.


Related Articles

INTERNATIONAL LAW Pages: 79-82 DOI: 10.33693/2223-0092-2021-11-1-79-82 Issue №18451
The CIS Model Law «On Paralympic Sports» as a prerequisite for the legal regulation of the protection of Paralympic athletes
Paralympic movement protection of the rights of Paralympic athletes Model Law international legal regulation
Show more
14. Employment Law; Right to social security Pages: 201-205 Issue №7765
On the possibility of a supranational collective bargaining of labour relations within the BRICS countries (the experience of India)
BRICS India the unions collective bargaining collective agreements
Show more
7. PUBLIC LAW (STATE LAW) DISCIPLINES @@CONSTITUTIONAL LAW, MUNICIPAL LAW (12.00.02) Pages: 177-186 DOI: 10.33693/2072-3164-2021-14-4-177-186 Issue №19269
On the Question of Defining the Concept of "Digital Constitutional Human Rights" in the Modern Period of Development of Legal Science
human rights digitalization constitutional regulation digital constitutional civil rights categorical conception apparatus of constitutional law science
Show more
INTERNATIONAL LAW Pages: 261-266 Issue №24870
UN Activities in the Implementation of the Rule of Law
international law the principle of the rule of law international legal regulation the United Nations.
Show more
5. INTERNATIONAL LAW (5.1.5.) Pages: 284-288 Issue №22137
Gaps and Their Filling in International Law in the Context of the Modern International Legal Order
gap in international law the degree of gap filling gaps in international law international legal order
Show more
5. INTERNATIONAL LAW (5.1.5.) Pages: 311-314 Issue №22137
On the Aspects of Gaps in Modern International Legal Regulation
a gap in international law norms of international law international legal regulation gaps of a theoretical and doctrinal nature sources of international law
Show more
15. INTERNATIONAL LAW; EUROPEAN LAW 12.00.10 Pages: 321-325 Issue №19146
THE IMPACT OF GLOBALIZATION ON THE DEVELOPMENT OF INTERNATIONAL LEGAL REGULATION OF WORLD TRADE AND INTERNATIONAL LAW ON THE PROCESS OF GLOBALIZATION
the process of globalization international legal regulation international law model law
Show more
12. INTERNATIONAL LAW, EUROPEAN LAW (12.00.10) Pages: 264-269 Issue №18933
US Activities to Undermine the Existing System of International Law in the Context of the Development of Globalization
globalization the system of international law conventions international treaties international legal jurisdiction
Show more
10. International law; European Law Pages: 349-354 Issue №8598
The Issues of Arctic Legal Regime in the Context of Enforcement of Global Security
Arctic legal status global security military confrontation international legal regulation
Show more
INTERNATIONAL LAW Pages: 465-469 Issue №23752
Gaps and Their Filling in Modern International Law (on the Example of Gaps in "Traditional" and "New" International Legal Institutions and Industries)
gap in international law filling gaps overcoming gaps "new spheres of public relations" "traditional" international legal institutions and industries.
Show more