ЮРИДИЧНІ КОЛІЗІЇ У ЗАКОНОДАВСТВІ УКРАЇНИ: СТАН І ШЛЯХИ РОЗВ'ЯЗАННЯ (Ukrainian)

LEGAL CONFLICTS IN THE LEGISLATION OF UKRAINE: STATE AND WAYS OF SOLUTION. (English)

As a social regulator, law is intended to resolve conflicts. However, the law is characterized by conflict, it is an objective reality and is inherent in the law of any civilization, regardless of its level of development. The aim of the article is to analyze the current doctrinal and practical developments in the problem of resolving legal conflicts in Ukraine and abroad. Also, given the adoption in the first reading of the draft Law of Ukraine "On rule-making activities", the purposes of the article should include the development of proposals for this draft Law. The article is devoted to the research of ways to resolve conflicts in legislation, which lead to violations of the integrity and internal coherence of the legal system, which ultimately undermines the law and order. This solution can take the form of elimination or overcoming conflicts that differ as to their subjects, the specifics of the procedure and the consequences. Ways to elimination conflicts include rule-making and recognition of normative acts as unconstitutional or illegal in courts. It has been noted that elimination is the most effective means of resolving conflicts, as it eliminates the contradiction between the norms that generate the conflict. As for overcoming, its main way is the application of conflict rules, which are developed by legal doctrine and establish a certain procedure for overcoming legal conflicts during the realization of the law. The article presents conflict rules for overcoming various types of legal conflicts, both simple and complex, and all of them are illustrated by examples from the legislation. It is emphasized that the most difficult type of conflict is the contenttemporal conflict, because to overcome it, different approaches can be used depending on the relevant conditions. In other words, the general rule "previously adopted special norm will take priority over the general norm adopted later" will not always apply, but there are situations where the legislator adopts new norms and aims to significantly change or abolish the rules of regulation of relations there was a special norm, and therefore the priority will be given to the later adopted general norm, and not to the previously adopted special one. The article also considers the problem of conflict between codified and ordinary laws. It is noted that the most appropriate means of eliminating such a conflict is the inclusion in the Law "On rule-making activities" the conflict rule of the following content "In case of conflict between the code and the ordinary law, the provisions of the code apply. If the code provides the possibility of regulating certain social relations in accordance with the norms of another law, the norms of the law shall apply". The conflicts between the norms adopted by the subjects of rule-making, the place of at least one of which cannot be determined in the system of public authorities ("independent regulators"), cause considerable difficulties today. It is proposed to use the term "competence conflicts" for such conflicts and to resolve them according to the rule "priority is given to an act adopted by a body that, in accordance with the Constitution and laws, is specially authorized to regulate the relevant sphere of public relations". The article proposes to use the conflict rules in the appropriate sequence on the principle of "Applying the earlier rule in the list excludes the application of the following". [ABSTRACT FROM AUTHOR]

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