Правоприменение (Apr 2019)
The legal conflictology in constitutional and municipal law
Abstract
The subject. The article is devoted to integration of conflictology theory in legal science. The purpose of the paper is to confirm or disprove hypothesis that theoretical mechanisms of conflictology may be effectively applied into constitutional legal theory to prevent con‐ stitutional legal conflicts.The methodology of the study includes general scientific methods (analysis, synthesis, description) and sociological approach.The main results and scope of their application. The author describes the genesis of legal conflictology theory in different humanitarian sciences and its periodization, including integration of conflictology theory in legal science. The author substantiates necessity and justification of application of theoretical and methodological bases of science of conflictology in the constitutional and municipal law for the purpose of forecasting, identification and the resolution of the corresponding constitutional and legal conflicts.Conflictology of constitutional and municipal law is a research level of legal conflictology. The subject of this kind of conflictology are legal conflicts in constitutional and municipal law, their prediction, identification and resolution. It is necessary to take into account the following postulates of the General theory of conflictology in the study of legal conflicts in constitutional and municipal law:– the conflict is natural, objective and acts as an integral property of social life;– the social conflict at the same time acts as a stabilizing factor of functioning of social system;– social conflict is a complex social phenomenon as well as a process having structural, spatial‐temporal and dynamic characteristics;– the organic connection of law conflict with the law. The legal conflict arises about legal phenomena, it is realized under the influence and with the application of legal norms, it is resolved on the basis of legal regulation;– there is a special kind of political conflict that arises within the existing government, where each of the groups within the ruling class has more private interests and its own vision of the situation.Conflictology of constitutional and municipal law bases on the general theoretical postulates of the science of social conflicts. Constitutional conflict is a political type of social conflict – a disagreement between the subjects of constitutional and municipal legal relations over constitutional values, which can be transformed into legally significant conflict and generate legal consequences.Conclusions. The object of scientific knowledge of legal conflictology in constitutional and municipal law is a constitutional and legal conflict, the study of which should be based on the above postulates of the general theory of conflictology, and can not be limited to purely legal knowledge.
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