THE CONFLICTS IN LAW: THEORETICAL AND METHODOLOGICAL APPROACHES TO DEFINITION AND CLASSIFICATION

Abstract

Theoretical approaches to the definition of conflicts in law are studied. The concept of conflict rule as a way to resolve legal conflicts and conflicts is analyzed. The normative and legal uncertainty of the concept of “conflict” in the national Ukrainian legislation is shown. It is emphasized that there is no comprehensive approach in specialized research to the issue of administrative and legal conflicts with appropriate analysis of the practice of overcoming them, including conflicting issues of application of legislation on administrative liability and conflicting issues of administrative proceedings. The implementation of administrative reform in Ukraine in recent years is noted, the process of which inevitably creates administrative and legal conflicts, gaps and conflicts in the administrative and legal status of public authorities, the balance of functions and powers of which should ensure the proper functioning of the state. It is determined that in the current Ukrainian legislation there is no normative definition of the concepts of “conflict” and “conflict rule”, while in some regulations relating to the scope of private international law, defines the concept of conflict rule as a way to resolve legal conflicts with foreign elements. It is shown that gaps in the legal regulation of legal conflicts require the development of a comprehensive, broad theoretical and methodological approach, covering both formal legal conflicts and factual legal conflicts (for example, in the form of contradictions between the content of law and the real state of public relations; between positive and natural law, between public order and private interest, etc.). It has been proved that the resolution of legal conflicts and conflicts should be considered an important element of the competence of public authorities at the level of lawmaking, interpretation and law enforcement defined in the current legislation.