Lenher Y. Collisions in Municipal Law: Problems of Theory and Practice

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0518U000342

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

26-01-2018

Specialized Academic Board

Д 61.051.07

Uzhhorod National University

Essay

The research is devoted to the identification of the main problem issues of the emergence, existence and necessity of conflict resolution in municipal law, their specifics and characteristics. It is established that a large number of normative legal acts have been adopted and act in the country, many of which contradict each other and have internal inconsistencies. Legal science and practice have the task to examine thoroughly the causes of the emergence of municipal-legal conflicts and to search the ways to prevent and resolve them. As a result of the research, it was pointed out that the emergence and growing acuity of municipal-legal conflicts largely dependson the incompleteness of legal regulation of social relations, violation of the rules of legal technique in the adoption of regulatory acts, and ineffective ways of preventing and resolving the latter. Besides, it has been established that the method of settlement and solving of municipal-legal conflicts by setting in the legislation norms defining which normative act should be applied in the case of conflicting regulation of the same social relations has not received proper reflection in the process of law-making. At the same time, it was noted the necessity of developing general and special collisional procedures for identifying and resolving legal conflicts in municipal law.

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