JUDICIAL WAY OF SOLVING LEGAL CONFLICTS
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
The article is devoted to the clarification of the issue of overcoming legal conflicts through the prism of the application of interpretative acts. It is established that one of the important ways of solving the latter is judicial, the key role assigned to the Constitutional Court. In the course of the study, the main features of interpretation are analysed, which allows applying interpretative acts in a legal way when resolving legal conflicts. The correct choice on the basis of the definition and study of objective conditions of the case and the explanation of the rules applicable in a particular case belongs to the jurisdiction of administrative courts and courts of general jurisdiction, which are obliged to individually decide on the rules to be used in the case under consideration, if there are conflicts in legal regulation, as well as in case of revealing norms which have not been cancelled in the established procedure, but in fact invalid ones. However, the peaceful path is not always the best way to eliminate or solve the legal conflict in general. In the case of the impossibility of resolving it through negotiation and conciliation procedures, another legal means mentioned above is effective, namely, appeal to the court. The judicial procedure is another way of resolving conflicts in the law. In court, disputes in conflict situations are considered. The need to use judicial procedures arises when other procedures and methods of resolving legal conflicts have failed to produce proper results. The effectiveness and perfection of this method are that the court decisions are imperative in nature, they are generally mandatory. The court method for resolving legal conflicts has become particularly important after the adoption of the provision in the Fundamental Law that the court can not apply unconstitutional laws and other legal acts. The authority of judicial procedures is ensured by the recognition and consolidation of them in the constitutional order. The judiciary in accordance with the general constitutional principles is carried out through the system of the relevant courts. A key role in resolving legal conflicts belongs to the Constitutional Court of Ukraine.
Authors and Affiliations
Я. І. Ленгер, І. Е. Ревуцька
Keywords
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