Analogy as ways to overcome gaps in penal legislation of a sentence of deprivation of liberty
The relevance of the article is due to the absence in the theory of criminal enforcement law and the practice of its application of a scientifically sound methodology for establishing real gaps in criminal enforcement legislation, common boundaries and conditions for the application of the analogy of law and law to overcome existing gaps in it, in particular in the execution of sentences of deprivation of liberty. The article notes the theoretical and practical aspects of overcoming by analogy not only some real gaps in penal enforcement legislation by correctional institutions, but also other shortcomings of legal regulation. Taking into account the provisions recognized by the general theory of law and the science of criminal enforcement law to overcome gaps in law and law, as well as the requirements of Russian legislation (Art. 55, part 3, of the Constitution of the Russian Federation) concludes that there are cases of application of penal enforcement legislation by analogy in law enforcement practice (As a rule, analogy of law"), which leads to infringement of human and civil rights and freedoms and violation of the principle of legality (article 8 of the Code of Criminal Procedure of the Russian Federation). In this regard, the author proposes to establish clear limits and limits on the use of the analogy of law and law to overcome existing (and possibly future) gaps in criminal enforcement legislation in the execution of sentences, including imprisonment.