Throughout the history of mankind, often quarrels and reconciliations arose, certain agreements were concluded, and conflicts erupted. There were wars, then peace. But people have always sought to find ways to prevent, as well as eliminate all kinds of contradictions.
This topic is especially relevant in interstate relations and within the country, because the deterioration of the situation is always painful. And this applies not only to the state, but also to the people living in it. Indispensable participants in such relations have always been legal acts and law. At all times, they played the role of judge and arbiter, acting as a means of harmonizing interests.
Legal inconsistencies
Currently, in the Russian Federation there is a dynamic development of federal relations. This means that subjects of statehood have the right to create their own legislation. However, situations often arise when regional acts, which have the highest legal force, contradict the very constitution of Russia, as well as its federal laws. Disagreements sometimes arise even between the norms of one act.
Conflict in law
In the modern world, the problem of legal contradictions has become much more acute. This was due to the emergence of a large number of legal entities. Collisions in law are the most significant problem for the science of the state, because their appearance is facilitated by the numerous laws of the RSFSR that are in force to date.
Conflict - what does this concept mean? These are discrepancies that exist between certain regulatory documents governing related or the same relations in society. The concept of conflict also applies to those contradictions that arise in the exercise of their powers by officials or competent authorities.
Reasons for the appearance
Russian legislation is a diversified and highly complex hierarchical entity. In this regard, a conflict often arises in legal acts. What does this mean? This is an existing discrepancy or inconsistency in legal documents. The reason for the occurrence of these contradictions lies in the inconsistency of competing institutions and norms that apply different approaches to solving the same issue.
Collisions in law are a frequent occurrence of modern Russia. The fact is that in recent years there has been a significant update of the legislation of the Russian Federation. It has increased in quantitative terms, but still remains imperfect and problematic, not keeping pace with the fast-moving social processes. To ensure conflict resolution, constant updating of laws is required, bringing them into line with existing realities of life and with international standards.
Harm of contradictions
Conflicts existing in the legal sphere impede the harmonious and normal functioning of the entire legal system. Often, these contradictions lead to infringement of the rights of citizens. In addition, conflicts prevent the implementation of effective legal regulation. They are reflected in the state of legality. Conflicts affect legal culture and the legal consciousness of society.
The contradictions existing in the legislation become obstacles in the application of law. Sometimes, for one case, several acts are developed, the norms of which are at odds with each other. In such a situation, the performer has an excuse to simply ignore them. And this opportunity is considered quite legal.
The harm of collisions is also revealed in the translation of many by-laws into super -laws . That is why it is extremely important to prevent and localize these anomalies.
Examples of existing legal discrepancies
Of course, perfect and perfect legislation does not exist in any country in the world. The legal foundations of any state inevitably contain certain gaps and conflicts. In Russia, there are especially many such contradictions. The fact is that the country is going through a stage of complex socio-economic transformations. In such a situation, legal norms simply do not have time to draw up, regulate and consolidate social relations.
Collisions, examples of which are numerous in the Russian Federation, are concluded in the norms of the federal constitution and the federal treaty. There are contradictions between the new Civil Code and previously adopted legislative acts in the field of economic and property relations.
Legal conflicts in constitutional law are observed between the provisions of the constitution of the Russian Federation and constitutions, charters, laws and decrees of federal entities. A huge number of inconsistencies are observed in local and departmental lawmaking.
One of the gaps in the current legislation is the right of the president of the country. He, without any explanation or reason, may dismiss the current government. The Constitution of the Russian Federation describes in detail the rights and powers of the president. Moreover, the main legislative act does not speak about its responsibility and obligations
Types of legal contradictions
Conflicts in law in their content are very diverse. That is why they are divided into six types. The belonging of one or another contradiction to a certain group depends on its acuteness, hierarchy, nature, industry, social orientation and methods of resolution.
The following types of collisions are divided:
- between legal norms or legislative acts;
- gaps in law-making (duplication, unsystematic, mutually exclusive norms);
- contradictions in law enforcement (inconsistency in managerial actions and discrepancies in practical implementation);
- disagreements of the statuses and powers of officials and state bodies;
- contradictions for the purposes that pursue legislative acts of various levels;
- inconsistencies of international and national law.
Methods for resolving legal conflicts
Legal gaps are addressed by the application of specific tools, techniques and mechanisms. All of these are ways to resolve conflicts. Each concrete one depends on the type of existing contradiction.
There are the most common ways in which legal conflicts are resolved. Among them are the following:
- adoption of a new legal act;
- interpretation of controversial positions;
- repeal of an outdated legislative document;
- introduction of clarifications or changes to existing legal acts;
- arbitration, judicial, arbitral or administrative proceedings ;
- development of the negotiation process with the aim of harmonizing legal norms;
- constitutional justice;
- international procedures;
- optimization of the relationship between practice and theory.
Practical resolution of legal contradictions
There are certain rules that are applied by officials and relevant bodies in the event that a conflict is found in the legislation. What are these rules?
1. In the event that contradictions arise between acts adopted on a particular issue by the same body, but at different times, they are guided by the last of them.
2. If the adoption of conflict documents does not differ in time, then the one that has the greater legal force is used. An example of this is the law and the decree. In this case, the principle of hierarchy is taken as a basis.
3. In the event of a discrepancy between a special and general act of one level, the provisions of the first, and if of different levels, of the second, shall apply.
Who has the right to fix the problem?
The Constitution provides for the right of the President of the country to suspend legal acts issued by executive bodies if they disagree with federal laws, international obligations of the state or entail a violation of freedoms and human rights. This decision is valid until the end of the trial.
The procedure is also legal when the conflict is removed. What does this mean? If the president vetoed a certain law, then it is removed when such a decision is taken by a majority vote of the representatives of both houses in the Federal Assembly.
A special role in resolving legal contradictions is assigned to the Constitutional Court. This is the most highly professional and authoritative level for the consideration of controversial situations.
Be that as it may, any conflict should be resolved legally, without the use of force. The contradictions for the complete eradication of the problem should be resolved in a civilized and legal way.
Legal conflicts are an integral part of conflict resolution, which represents a new direction in science and a new discipline in political science and law. Earlier in Russia this problem was not subjected to research. Only in the post-Soviet period, scientists became more and more interested in it. Today, we can safely talk about certain achievements that exist in the development of the theory of various contradictions that exist in modern society.
Relevance
Legal conflicts require mandatory resolution, because they undermine the stability of society, the foundations of its order, distort the legal consciousness and create social tension and critical situations. That is why it is advisable not to allow disagreements and to engage in their prevention. But if there are gaps in the legislation, it is important to eliminate them in a timely manner with the existing procedures and mechanisms.