Abstract | Among various scientific approaches used by modern jurisprudence, specific place is occupied by political approach, or, to be precise, politico-legal approach. The specificity of the indicated approach is that it suggests a specific view of law as means of realization of actual demands and interests of society and state. Consideration of the indicated approach gives opportunity to treat many actual and controversial problems of juridical science, including the problem of gaps in law, in a new way. Purpose of the investigation is to demonstrate the specificity of the political approach (legal policy) using the example of doctrine of gaps in law. Methodology of the investigation is represented by general and special juridical means of knowledge, specific attention is paid to argumentation of characteristic features of the political approach. The central idea of the investigation is that concepts of law-with-gaps and law-without-gaps due to different basic theoretical settings not so much compete as complement each other, suggesting different interpretations of legal problematics. From the point of view of positive law, which defines law as a system of norms (what is law?), there are no gaps in law; and from the point of view of legal policy, which understands law as means of satisfaction of certain social demands and interests (what should law be like?), there are gaps in law. The indicated approaches should not be set in opposition to each other. It should be assumed that the question of whether there are gaps in law or no can be solved differently. In the doctrine of gaps in law, along with educational, practical and reforming function of juridical science is expressed in the most prominent way. This circumstance makes it possible to interpret the indicated doctrine as element (sphere of scientific interests) of legal policy. |