Zagadnienie pustki prawnej
The issue of a legal void

Summary/Abstract: This article aims to characterize the issue of a legal void (also known as a regulatory void) and to address how it should be considered within the framework of previous findings of Polish legal on the issue of system completeness. Another objective is to identify potential situations where such a void may occur. The article employs a method based on analysing and systematizing concepts occurring in legal doctrine. The research was conducted from the perspective of interpretative intentionalism. The author assumes that a legal void exists when the legislator has not expressed any intent regarding a specific issue. In the case of a regulatory void, it therefore becomes entirely impossible to determine or even substantiate the legislator's intent. The findings have implications for the process of law application. No interpretative measures can be applied if a regulatory void is discovered. A judge cannot unilaterally fill such a void, as this would amount to lawmaking and therefore exceed the judge's authority. When faced with a regulatory void, a judge should issue a ruling dismissing the claim, since it is impossible to base it on any express legal norm. Such action does not constitute a denial of justice. Defining what constitutes a legal void, determining how a judge should act when encountering it in practice, and understanding how the concept of a regulatory void fits within the conceptual framework of the legal sciences all contribute to greater certainty and predictability in the law – values that legal science should continuously strive for.

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