Lacunas in Civil Procedure Law and Methods of Filling them in

The work is devoted to a research the most effective methods of filling the gaps in the civil procedural law of Russia. In order to achieve the goal, the following tasks are carried out: various points of view concerning a concept of the right as regulator of the public relations are considered; the nature and essence of a gap in the law in general and a gap in the civil procedural law in particular are disclosed; the evolution of views about gaps in the law and methods of their filling in different legal systems of the law are considered; the features of practical application of these ways in activity of the courts in Russia and abroad at the present stage are analyzed. Special attention in a research is paid to a concept of judicial law-making which serves as the base for completion of legal gaps in the developed countries. The assumption that filling the gaps in the civil procedural law without direct participation of courts is impossible is the basis for the research. The modern idea about filling the gaps means participation in law-making not only judges of the Supreme Court, but also judges of the first instance and commercial courts who consider every day the merits of the case. The work has classical structure, consists of the following parts: the introduction, two chapters, each of which is divided into several paragraphs, the conclusion and the list of the used sources and literature. The first chapter considers classification, the causes of gaps of the law, and also distinctive features of procedural gaps. The second chapter investigates characteristic of the main methods of overcoming gaps and conditions for their effective application. The conclusions confirm the hypothesis of the leading role of judicial law-making in activities for overcoming gaps of the procedural law.