Conflict - what is it? Concept, types, examples and ways to resolve collisions

Throughout the history of mankind, quarrels and reconciliations often arose, certain agreements were concluded, conflicts broke out. There were then wars, then peace. But people have always sought to find ways to prevent, as well as eliminate all kinds of contradictions.

This topic is particularly relevant in interstate and domestic relations, because deterioration of the situation is always painful. And this applies not only to the state, but also to the people that inhabit it. Indispensable participants in such relations have always been legal acts and law. At all times they played the role of judge and arbitrator, acting as a means of harmonizing interests.

The emergence of legal contradictions

At present, there is a dynamic development of federal relations in the Russian Federation. This means that the subjects of statehood have the right to create their own legislation. However, there are often situations when regional acts that have the highest legal force are contrary to the very constitution of Russia, as well as its federal laws. Disagreements sometimes arise even between the norms of one act.

Conflict in the law

In the modern world, the problem of legal contradictions has significantly worsened. This was due to the emergence of a large number of subjects of law. Conflicts in law are the most significant problem for the science of the state, because their appearance is promoted by the numerous laws of the RSFSR, which have been in force up to the present time.

Conflict - what does this concept mean? These are the discrepancies that exist between certain normative and legal documents regulating adjacent or the same relations in the society. The concept of conflict also relates to those contradictions that arise in the exercise of their powers by officials or competent authorities.

Causes of appearance

Legislation of Russia is a diversified and very complex hierarchical entity. In this regard, often in legal acts there is a conflict. What could this mean? This is the existing discrepancy or discrepancy in the legal documents. The reason for these contradictions lies in the inconsistency of competing institutions and norms that apply different approaches to solving the same issue.

Conflicts in law are not uncommon in modern Russia. The fact is that in recent years there has been a significant update of the legislation of the Russian Federation. It increased in quantitative terms, but still remains imperfect and problematic, not having time for fast-flowing social processes. To ensure the resolution of conflicts, it is necessary to constantly update the laws, to bring them into line with the existing realities of life and with international standards.

Harm to emerging contradictions

The collisions existing in the legal sphere hamper the smooth and normal operation of the entire legal system. Often these contradictions lead to infringement of the rights of citizens. In addition, conflicts prevent effective legal regulation. They are reflected in the state of legality. Collisions affect the legal culture and the legal conscience 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 among themselves in disagreement. In such a situation, the artist has an excuse to just ignore them. And this possibility is considered quite legal.

The harm of collisions is revealed in the translation of many by-laws into law. That is why it is extremely important to prevent and localize these anomalies.

Examples of existing legal contradictions

Of course, there is no ideal and perfect legislation in any country in the world. The legal basis of any state inevitably contains certain gaps and collisions. In Russia, there are many such contradictions. The fact is that the country is going through a stage of difficult social and economic transformations. In this situation, legal norms simply do not have time to formalize, regulate and consolidate public relations.

Collisions, examples of which in Russia are numerous, are contained in the norms of the federal constitution and the federal treaty. There are contradictions between the new Civil Code and the previously adopted legislative acts in the sphere of economic and property relations.

Legal conflicts in constitutional law are also observed between the provisions of the Russian Constitution and the constitutions, charters, laws and decrees of federal subjects. 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, can send the current government to resign. The Constitution of the RF details the rights and powers of the President. At the same time, the main legislative act does not speak of his responsibilities and duties

Types of legal contradictions

Conflicts in the law in their content are very diverse. That is why they are divided into six types. The belonging of a particular conflict to a particular group depends on its severity, hierarchy, character, industry, social orientation and methods of resolution.

Separate the following types of collisions:

- between the rules of law or legislative acts;
- Spaces of law-making (duplication, unsystematic, mutually exclusive norms);
- Contradictions in law enforcement (inconsistency in management actions and disagreements in practical implementation);
- disagreements between the status and powers of officials and state bodies;
- Contradictions for the purposes that pursue legislative acts of different levels;
- discrepancies in international and national law.

Methods for resolving legal contradictions

Legal gaps are eliminated by the application of specific means, techniques and mechanisms. All these are ways to resolve collisions. Each specific depends on the type of the existing contradiction.

There are the most common ways by which legal conflicts are resolved in the law. Among them are the following:

- adoption of a new legal act;
- interpretation of disputed positions;
- abolition of the outdated legislative document;
- introduction of clarifications or changes in existing legal acts;
- Arbitration, judicial, arbitration 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 authorities in the event that a conflict is found in the legislation. What are these rules?

1. In the event that contradictions have arisen between acts adopted on a particular issue by the same body, but at different times, they are guided by the latter.
2. If the adoption of conflict-of-laws documents does not differ in time, then the one that has the greater legal force is used. An example of this can be 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 different, levels of the latter apply.

Who has the right to fix the problem?

The Constitution provides for the president's right to suspend the legal acts issued by the executive bodies if they find differences 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

Legal and procedure, when a collision is removed. What does this mean? If the president vetoed a certain law, then it is withdrawn when such a decision is made by a majority of votes cast by representatives of both chambers 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 dealing with contentious situations.

Whatever it was, any conflict should be eliminated by legal means, without the use of force. Contradictions for the complete eradication of the problem should be resolved in a civilized and lawful way.

Legal collisions are an integral part of conflictology, which represents a new direction in science and a new discipline in political science and law. Earlier in Russia, this problem was not investigated. Only in the post-Soviet period it became more and more interested in scientists. To date, we can safely talk about certain achievements that are in the development of the theory of the various contradictions existing in modern society.

Relevance

Legal conflicts require mandatory resolution, because they undermine the stability of society, the foundations of its order, distort the sense of justice and create social tension and critical situations. That is why it is desirable not to allow disagreements and to engage in their prevention. But if there are gaps in the legislation, it is important to timely eliminate them with existing procedures and mechanisms.