Conflict - what is it? Concept, types, examples and methods of resolving conflicts

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2018-03-20 06:52:11

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conflict that is

Throughout the history of mankind there often were arguments, the reconciliation, was that certain agreements, emerging conflicts. There were then war, then peace. But people have always sought to find ways to prevent and resolve all sorts of contradictions.

This topic is Particularly relevant in inter-state relations within the country, because the deterioration is always painful. And it concerns not only the state but also of its peoples. Indispensable participants of such relations has always been legal acts and law. At all times they played the role of judge and arbitrator, acting as a means of coordination of interests.

Establishment of a legal controversy

Currently in Russia there has been dynamic development of Federal relations. This means that the subjects of the state have the right to create their own legislation. However, often there are situations when the regional acts that have legal force, contradict the Constitution of Russia and Federal laws. Disagreements sometimes arise even between norms of a single act.

Conflict of law

In the modern world the problem concerning the legal contradictions have intensified. It happened because of the emergence of a large number of subjects. Conflicts in law are the most significant problem for science about the state, because they contribute to the emergence of numerous laws of the Russian Federation, in force until the present time.

Conflict – what it means? It is the differences that exist between certain legal documents governing or related to the same relationship in society. The definition of conflict applies to the contradictions that arise in the application of its powers by officials or the competent authorities.

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Causes

The Legislation of Russia is diversified and highly complex hierarchical formation. In this regard, often legal acts are in conflict. What can it mean? There is an existing discrepancy or inconsistency in the legal documents. The cause of these contradictions lies in the inconsistency of competing institutions and norms that apply different approaches to the same question.

the ways of resolution of conflictsConflict in the law – a common occurrence in modern Russia. The fact that in recent years there has been a significant upgrading of the legislation of the Russian Federation. It has increased in quantitative terms, however, is still imperfect and problematic, without having the swift-flowing public processes. To provide resolution of conflicts requires constant adjustment of laws, their enforcement in accordance with the existing realities of life and with international standards.

Harm arising contradictions

Collisions existing in the legal sphere, hamper the harmonious and normal operation of the entire legal system. Often these contradictions lead to the infringement of the rights of citizens. In addition, conflicts hinder the conduct of effective legal regulation. They affect the state of the law. Impact of conflict on legal culture and legal consciousness of society.

types of collisionsExisting in the law the contradictions become obstacles to the application of the law. Sometimes one case developed several acts and rules which are to each other in disagreement. In such a situation, the artist appears just an excuse to ignore them. And this possibility is considered completely legal.

The dangers of collisions are detected and translated many regulations in nadzakonnoy. Therefore, to prevent and to localize these anomalies is extremely important.

Examples of existing legal controversies

Of Course, the ideal and perfect legislation in any country in the world does not exist. The legal framework of any state inevitably contain some gaps and conflicts. In Russia, these contradictions are especially a lot. The fact that the country is going through a difficult socio-economic transformation. In such a situation, the legal rules simply do not have time to issue, regulate and consolidate social relationships.

resolving collisionsConflicts, examples of which in Russia are numerous, are enclosed 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 observed between the provisions of the Constitution and of the constitutions, statutes, laws and decrees of the Federal constituent. A huge number of inconsistencies observed in local and departmental law-making.

One of the gaps in the current legislation is the right of the President of the country. He, without explanation and reasons, can send the current government to resign. The Constitution describes in detail the rights and powers of the President. The main legislative act does not speak about his duties and responsibilities

Legal controversy

Conflict in the law by its content is very diverse. That is why they are divided into sixspecies. The membership of a contradiction to a certain group depends on its severity, hierarchy, nature, industry, social orientation and resolution methods.

definition of conflictShare the following types of collisions:

- between the rules of law, or the law;
- spaces lawmaking (duplication, unsystematic, contradictory rules);
- contradictions in law enforcement (lack of coordination management action and the disparity in the practical implementation);
- differences between the status and powers of the officials and public authorities;
- the contradictions in the goals pursued by the legislative acts of different levels;
- the inconsistencies of international and national law.

Methods of resolving legal conflicts

Legal gaps are eliminated when applying the specific means, methods and mechanisms. All of this – ways of resolving conflicts. Each individual depends on the existing controversy.

The most common ways in which the law resolves legal conflicts. Among them are the following:

the adoption of a new legal act.
- the interpretation of disputed items;
- abolition of outdated legal document;
- adjustments or changes to the current legal acts;
- the proceedings of the arbitration, court, arbitration or administration;
- development of the negotiation process with the aim of harmonization of legal norms;
- constitutional justice;
- international procedure;
- optimization of the relationship of practice and theory.

Practical resolution of legal controversies

There are certain rules that are applied by the officials and relevant authorities in the case, if the law of a detected conflict. What are these rules?

conflict examples1. In that case, if contradictions arose between the acts taken on a particular issue by the same body but at different times, guided the last of them.
2. If making conflicting documents does not vary in time, use one that has a higher legal force. An example of this can be a law and a decree. In this case it is based on the principle of hierarchy.
3. In case of discrepancies between special and General act of the same level are applied first, and if different levels, then the second.

Who has the right to resolve the problem?

The Constitution provides for the right of the President to suspend the operation of the legal acts issued by Executive bodies if they found disagreements with the Federal laws, the international obligations of the state, or lead to a violation of freedoms and human rights. This decision is valid until the end of the trial.

Legal and procedure when conflict is removed. What does it mean? If the President vetoed the law, then it is removed by the adoption of such decisions by a majority of votes cast by representatives of both chambers in the Federal Assembly.

A Special role in the resolution of legal contradictions is given to the Constitutional Court. This is the most professional and authoritative level for disputes.

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

The Legal conflict – it is an integral part of conflict resolution, which represents a new direction in science and the new discipline of political science and law. Earlier in Russia the problem of the research was not carried out. Only in the post-Soviet period it more and more became interested in academics. Today we can say about certain achievements in the development of the theory of the various contradictions existing in modern society.

Relevance

Legal conflicts require resolution, because they undermine the stability of society, the foundations of his order, distort the sense of justice and create social tensions and critical situation. That is why the differences it is desirable to avoid and deal with their prevention. But when there are gaps in their legislation, it is crucial to eliminate the existing for this purpose procedures and mechanisms.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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