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Legal presumptions as means of overcoming legal gaps

01.04.2016
Legal presumptions as means of overcoming legal gaps Lawyer of YUST Law Firm Dmitry Zabrodin prepared an article “Legal presumptions as means of overcoming legal gaps” for “Problems of Russian Legislation” magazine.

The purpose of this research is to examine the potential of legal presumptions to be independent and efficient means of overcoming legal gaps. The author sees the significance of this issue in the fact that sometimes legal gaps are not that obvious. Moreover, formal application of legislation allows to state that a gap is absent in a certain case. However, this formal approach may hide a layer of relations, the specific features of which was not taken into account by the law-makers. These gaps may in fact be overcome in the course of law enforcement practice by using legal presumptions, explicitly or implicitly provided by law.

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