LEGAL CONFLICTS BETWEEN EQUAL LEGAL FORCE UNDER THE RULES OF CONDUCT, THEIR FEATURES
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 2, Issue
Abstract
The article is devoted to the elucidation of the existence and legal nature of the conflict between the rules that are in legal acts of equal legal force. Based on analysis of current legislation on possible solutions to conflicts of law found that the largest group of contradictions are those that are legal acts of equal legal force. Stated that the need for their full classification and clarify the legal nature helps find potential effective ways of their prevention and solution. The essence of the law – is a continuous process of emergence, change and termination between subjects’ legal communication. This law is the result of legal pressure on business, and their existence is only possible within society. It should be noted that the society is changing constantly and as a result there are conflicts. The conflict is always mutual negation. Law as a social phenomenon is most necessary in the state-organized society, because there is low level of uniformity. Since conflict is a form of a social phenomenon. The contradictions in the law is only part of the social contradictions, but it is the most significant. They have the greatest impact on the development of social relations. As a kind of law of collisions, collisions of equal legal force acting contradiction of rules aimed at regulating the same side of the same public relations in the same period of time, formed at the horizontal (branch) structure of law and legislation. Their specificity is that they arise between normative legal acts adopted by the same law-making body or by different law-making bodies of the same level. Throughout the rest of their characteristic features are the same as the other varieties of conflicts of law.
Authors and Affiliations
Я. І. Ленгер
Keywords
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