The scope and limits of applying analogy in the contraventional process

URL: https://dspace.academy.police.md/the-scope-and-limits-of-applying-analogy-in-the-contraventional-process/

Data: 2024

In the proposed study, the author addresses the issue concerning the possibility of applying analogy of law in the contravention process. The question is discussed whether the legislator did not prohibit analogy in the procedure for examining and sanctioning a contravention. Moreover, it was expressly provided for in the application by analogy of the provisions of the Code of Criminal Procedure. This leads to the conclusion that it is necessary to apply the procedural rules of the Code of Criminal Procedure by analogy, not only because the procedural law does not prohibit it, but also because of the necessity of applying such an approach. In perspective, the issue of a body of rules on the application of analogy, combined with rules of an interpretative nature, will be discussed in parallel with the subject referred at issue.