Anomalies in rulemaking

The article deals with the issue of the necessity of studying constructions with objects that are in constant motion, development, and also in a transitional state for dialectical comprehension. Between the conventional poles (of a norm and of a pathology) there is a large field of deviations, anomalies. Deviations in legal phenomena and processes can be understood in a broad sense and then considered not only in a negative, but also in a positive sense. Positive deviations usually indicate certain tendencies of development of the legal sphere of public life. But when it comes to anomalies, we can speak only of deviations in the negative sense. Then anomalies in the legal field are negative deviations from the norm. Therefore, anomalies of law, legal anomalies and unlawful anomalies can be discerned among anomalies in the legal sphere. The author states that the anomalies of law are not initially provided, but these phenomena objectively exist, and despite they are deviations from the norm, they are not legally punishable. The anomaly of the law is a deviation from the general pattern, from the normal formation and development of social relations, caused by various objective and subjective factors. The author distinguishes such kinds of anomalies of law as anomalies in rulemaking, that is gaps and conflicts in law; anomalies in legal behavior, that is abuse of rights and objectively unlawful behavior; and anomalies in legal implementation, that is legal conflict, defective legal facts. This article deals specifically with anomalies in rulemaking, which include, first of all, anomalies in the system of legislation, among which there are conflicts in law and gaps in law. Conflict in law is a type of legal conflict arising when there are differences (in particular, contradictions) between the rules of law enshrined in the law and regulating the same factual relations. Gap in law is the complete or partial absence in the formal sources of law of the rules, principles, or ideas necessary for the professional legal assessment of the facts and relationships that have arisen or may arise in such a sphere of public relations that is or should be within the sphere of legal regulation.