On the issue of the correlation between conflict and competition in law
Journal Title: Юридические науки и образование - Year 2019, Vol 60, Issue 60
Abstract
The situation of the ongoing reformation of various spheres of society in Russia has led to the existence of a large number of federal, regional and municipal regulatory legal acts aimed at regulating General relations. Statistics of the law-making process shows that every year in Russia more and more normative legal acts, both substantive and procedural law, are adopted. The article is devoted to the study of the essence of such a legal phenomenon as a conflict in law. Analyzed are the available in science and legislation interpretations of legal conflicts. The focus is on the correlation between conflict and competition in law. The authors come to the conclusion that conflicts in law and competition in law are independent, non-identical legal phenomena, none of them is part of the other. On the basis of the analysis carried out by the authors, the distinctive features of collisions in law are revealed and the definition of this legal phenomenon is formulated. Under the competition, legal norms are compatible concepts and consist of between each other in relation to subordination, and in a conflict of law norms appear as incompatible concepts, being in relation to the opposite or contradiction. The indicated legal phenomena are independent, none of them is part of the other. The only thing that unites them is that both in case of conflict and competition, the law enforcer needs to choose one of the norms for regulating the actual relationship. Based on the revealed signs, it can be concluded that a conflict in law is a relationship acting in the form of a contradiction or opposition between two or more legal norms aimed at resolving the same issue.
Authors and Affiliations
Ivan Kuksin, Viktoria Ufimtseva
Keywords
Related Articles
- EP ID EP649617
- DOI 10.25108/2304-1730-1749.iolr.2019.60.281-311
- Views 68
- Downloads 0
Criminal right as the right of its time (on concept of modern criminal law)
The article formulates provisions creating in combination of a concept of modern criminal law, analyses the requirements brought to criminal legislation, and shows the directions of its improving. It is reasoned a conclu...
Problems of modern evidential law in criminal process
It is studied procedural legal nature of the sources of evidence in criminal proceedings. Main points of views expressed in modern in home literature are analyzed. It is expressed the author’s vision on this matter. Ther...
Condition a commission of evasion of the customs payments associated with smuggling
Condition a commission of evasion of the customs payments associated with smuggling as an element of criminalistical characteristics might be determined like a data’s system on the factors at which a crime has been prepa...
The Soviet power still thrives in Estonia
It is a historical fact that world powers rule on the fate of small countries. Under process of privatization in the wake of the newly regained independence of Estonia in 1991, a new Estonian elite emerged, who used to b...
Judicial errors in applying the rules of improper litigating substitution
It is analyzed the problematic issues related to the application of the procedural law concerning the improper litigant substitution in the civil proceedings. The authors consider some aspects related to the interpretati...