COMPROMISE AND CONFLICT IN THE LEGAL SPHERE
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 9
Abstract
In this article, the author gives his definition of the concept of legal compromise, compromise in law, and also considers conflict in the legal sphere. He examines the main trends in the study of compromise and conflict. The article defines the main features of these legal phenomena. Compromise as special legal means in the system of determinants of legal activity is of particular importance, and its underestimation negatively affects the effectiveness of the mechanism of law, blocking the action of progressive laws and, in fact, making positive changes in society. Modern conflictology considers conflict as a natural and natural characteristic of social relations, a kind of social conflict is legal, which reproduces features, features of a social, but with features that are characteristic of the legal sphere. The lack of a theoretical justification for a compromise in the legal sphere makes it difficult to use it as a means of achieving a sustainable legal order, complicates legal regulation, and makes it impossible to prevent and resolve conflicts between subjects. Scientists note the presence of compromise principles in various areas of legal regulation, but a sustainable concept of using compromise in the legal sphere remains a matter of the future. At present, there is no single point of view regarding the definition of the concept of legal / legal conflict. Conflicts are very diverse in nature, a large number of conflicts arise outside the legal sphere, and then later in the development process, they acquire legal attributes, and therefore exist in a mixed or transitional state. Compromise with the help of legal means begins to function as a principle of law and as a method of legal regulation, ensures the improvement of the mechanism of action of law. Thus, standard situations and standard methods of solving them are closely related to the use of the installation for the use of a compromise. At the same time, the compromise in the legal sphere adapts to the peculiarities of the mechanism of the law. The dynamics of conflict and compromise in the legal sphere depend primarily on the level of morality in society, since they are formed on the basis of universal human values of equality, freedom, and justice. The author in the article highlights the main stages of compromise and conflict.
Authors and Affiliations
Svetlana Nekiga
Keywords
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- EP ID EP570597
- DOI 10.25313/2520-2308-2018-9-4536
- Views 106
- Downloads 0
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