THE ANALOGY OF STATUTE AND THE ANALOGY OF LAW AS DOCTRINAL INSTRUMENTS FOR LEGAL RESPONSE TO ECONOMIC CHALLENGES

Abstract

Ukraine's contemporary legal system is undergoing a period of significant transformation, which necessitates not only a robust and stable legal framework, but also a flexible doctrinal apparatus. This is especially relevant in the face of economic challenges caused by global crises, war, sanctions, rapid digitalisation and the emergence of new forms of economic activity. The analogy of statute (analogy legis) and the analogy of law (analogy iuris) hold a distinct place among the tools for overcoming legal gaps in the economic sphere. In the context of the global trend of expanding the scope of judicial discretion, the question of the admissibility and methodology of analogies is becoming increasingly critical. The challenges confronting Ukraine require the creation of a high-quality regulatory framework and the development of new conceptual approaches aimed at ensuring systemic and structural improvement of the legal system. In this process, doctrinal instruments such as the analogy of statute and the analogy of law play a crucial role, particularly under conditions of economic transformation. The article examines the analogy of statute and analogy of law as key doctrinal instruments capable of providing an effective legal response to the latest economic challenges. It examines the use of analogy in the legal regulation of situations arising from economic instability, market digitalisation, the introduction of financial innovations, and the increasing complexity of business behavior. The author demonstrates the appropriateness of using analogy to fill legal gaps, especially in the context of novel or atypical economic circumstances. This research focuses on the legal nature of the analogy of statute and the analogy of law as doctrinal tools for overcoming legal gaps. The author provides a reasoned argument in support of their significance and outlines specific proposals for their proper application within legal regulation. The relevance of the topic is determined by two factors. Firstly, there is a need for theoretical development in this field. Secondly, there is a practical interest in identifying and proposing specific legal measures. These measures are intended to ensure that legal entities comply with the rules of application of analogy of statute and analogy of law in legal regulation. The subject. The subject matter of this study is the concept of analogy of statute and analogy of law, which includes the definition of its concept, essence, place in the system of law, correlation with related legal categories, legal and technical bases and limits of application. The research also explores the admissibility limits of applying legal analogy and presents various scholarly approaches to the definition of legal gaps. Methodology. The methodological foundation of this research is the general scientific dialectical method of cognition. This approach made it possible to examine the object of study in its historical variability, to explore diverse scholarly perspectives on the subject matter, and to analyse the practical application of analogies in legal contexts. To achieve the objectives set in this study, universal scientific methods were employed. The formal-logical method was used to formulate the concept of the analogy of law, as well as the legal and technical rationale for its application. The employment of the systemic-structural method facilitated the delineation of the institute of analogy's position within the legal system. Moreover, the study involved the use of specialised legal methods, including the comparative legal method, which enabled the examination of forms of analogy applied in different legal systems, and the method of systematic interpretation, which contributed to identifying the specific features of applying analogy to particular legal relations. The purpose of this article is twofold: firstly, to clarify the nature of analogy of statute and analogy of law as doctrinal tools for addressing legal gaps; and secondly, to identify the current risks and challenges associated with the use of analogies. The results. The conclusions are of particular significance insofar as they establish a comprehensive perspective on the content of analogy of law and its function as a doctrinal instrument for addressing lacunae within the legal system. Furthermore, they determine the role of analogy of law within the broader framework of law and legal technique. In addition to this, the conclusions identify contemporary challenges related to the utilisation of analogy. The results of the study provide a foundation for further research into the methods by which to bridge the identified gaps. Conclusion. In the field of legal science, the terms "analogy of statute" and "analogy of law" are collectively referred to as "legal analogies". The relationship between analogy of statute and analogy of law is not a purely theoretical issue. A correct understanding of these doctrinal tools is essential for making lawful and well-reasoned decisions in cases where a legal gap exists. This study has demonstrated that, under modern conditions, the presence of gaps in legislation is an inherent characteristic of law itself. The analogy of statute and the analogy of law should therefore be regarded as doctrinal instruments for overcoming such gaps within the legal system. However, the views of contemporary Ukrainian scholars on the definition of the term "legal gaps" remain diverse. The utilisation of legal analogy as a method of addressing legal lacunae incorporates a degree of creativity, whilst simultaneously ensuring that law enforcement does not evolve into rulemaking.