RU

Keyword: «analogy of law»

In this article the article considers a way of filling the gaps in the law (legislation) by analogy of the law and analogy of the law. The relevance of the topic is due to many factors: a wrong understanding of the created rules, imperfection of law (law), often changing conditions of legal validity, the emergence of new branches of law not previously studied and others. With the emergence of legislative gaps, the law-maker will see the missing elements in the legislative framework and make amendments.
The article discusses the issues of qualification of encroachments by employees on the interests of the service in commercial and other organizations. The author comes to the conclusion that there is a gap in the criminal law, which consists in the absence of criminal liability for misuse of authority. The current practice of assessing abuse of power under the article on misuse of authority violates the basic principle of criminal law – the principle of legality.