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Frantsiforov Yu.V., Ovchinnikova N.O. The Analogy of Statute and Analogy of Law in the Russian Criminal Procedure as a Way of Overcoming the Gaps in Criminal Procedure Law

Yuriy Viktorovich Frantsiforov
Doctor of Juridical Sciences, Professor, Department of Criminal Procedure,
Saratov State Law Academy
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Volskaya St., 1, 410056 Saratov, Russian Federation

Natalya Olegovna Ovchinnikova
Postgraduate Student, Department of Criminal Procedure, Teacher,
Saratov State Law Academy
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Volskaya St., 1, 410056 Saratov, Russian Federation


Abstract. The article considers the institute of analogy of atatute and analogy of law as an interdisciplinary phenomenon in the Russian legal system. The authors carry out the comparative analysis of rules on the analogy of various branches of the Russian law, give the notion of analogy in the Russian criminal process, and propose the inclusion of norms on the use of analogy in the code of criminal procedure as an instrument of overcoming the gaps in the law of criminal procedure. The results of sociological research on the use of analogy in the Russian criminal process are provided.

Key words: analogy of statute, analogy of law, criminal process, bridging the gaps, the conditions of analogy application, judicial practice on the use of analogy in the Russian criminal process, sociological research.

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