Милинчук Д.С_Summery (1138954), страница 3
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In this regard, there is an urgent need for the accumulation andperception of the experience of foreign countries and its normative consolidation inthe Federal law "on normative legal acts in the Russian Federation".As an additional criterion applied in addition to the principles of justice andhumanism in resolving conflicts by means of conflict-of-laws rules, the protectionof the interests of the individual must be applied, which in some cases allows for aviolation of the principle of legality.11. The nature of conflict of laws, first of all, revealed through the rules ofconflict of law and their Association within the system of law. Conflict of lawsrules in the system of Russian law have their own characteristics. First, whenclassifying them, they can not be unconditionally attributed to many groups ofnorms allocated in the system of Russian law.
It is almost impossible to classifythese rules by functions, since these rules do not directly regulate any relationship,but only show the law enforcement officer what rules should be chosen foreffective legal regulation in the presence of competition between the rules of law.From the perspective of industry sector, these standards can be sectoral innature, and the overall spreading enshrined in their rules of choice on varioussocial relations.According to such criteria as their «the regulation of the substantive contentof legal regulation, or the procedural order of its implementation», conflict rulescan be material, as in private international law, when they indicate the law ofwhich country should be applied in a particular case, and procedural, when itcomes to General Federal or regional rules.Secondly, these rules in terms of ways of presentation of normative material,are reference, because they do not contain certain rules of conduct, but only referto the law enforcement to other rules of law.Third, these norms should be referred to specialized norms, whose task isnot to regulate social relations, but only to promote the implementation of thisregulation.
At the same time, conflict-of-laws rules help law enforcement to makethe right choice of law, when there is a clear contradictory regulation of the samesocial relations in different ways. In this respect, conflict-of-laws rules are similarto a number of operational rules of law, which only transfer them to a new circle ofpublic relations.Approbation of the research results was carried out by publishing anumber of articles, which reflected the main provisions of the dissertation research.The main results of the dissertation research were discussed at various scientificconferences and other scientific events, such as: VI International scientific andpractical conference Kutafin readings «Harmonization of the Russian legal systemin terms of international integration»"(report: «Рroblems of harmonization of lawas a way to eliminate and overcome conflicts of law», Moscow, April 3-5, 2014,Kutafin Moscow state law University, XVI International scientific and practicalconference and IX International scientific and practical conference Kutafinreadings «Strategy of national development and tasks of Russian legal science»(report: Determining the place of structural elements of the legal system as one ofthe tasks of legal science (on the example of conflict of law), Moscow, November24-27, 2015, Kutafin Moscow state law University), student round table «Problemsof improvement of the Russian legislation» (report: Conflicts of law as an obstacleto the creation of uniform application of legislation, Moscow, December 7, 2015,Bauman Moscow State Technical Universiyu), Winter school of young scientists2016 «Legal system of the Russian Federation and international law: problems ofinteraction and law enforcement» (Moscow, January 28-February 2, 2016, KutafinMoscow state law University), IV Winter school of young scientists – 2018«Transformation of the Institute of legal responsibility in changing social practice»(Moscow, January 9-February 2, 2018, Kutafin Moscow state law University),Internationalscientific-practicalconference«Modernproblemsoflegalinterpretation» (report: the Interpretation of the law as a way of overcoming ofconflicts of law, Moscow, 29 February 2016, the Institute of legislation andcomparative law under the Government of the Russian Federation), Russianscientific-practical conference « Zhidkov's readings – 2016» (report: Рrotection ofinterests as a criterion of conflict resolution, Moscow, March 25-26, 2016, RUDNUniversity), Russian scientific and practical conference of teachers, postgraduatesand students «Science for the benefit of humanity-85» (report: Conflict of laws asan inter-branch Institute, Moscow, April 19, 2016, Moscow state regionalUniversity), V Summer school of young scientists «Legal Personality: fundamentaland applied problems» (Moscow, June 26-July 1, 2018, Kutafin Moscow state lawUniversity) and others.Results of the dissertational research have found application in its researchactivities as an trainee-researcher in the laboratory of monitoring of risks ofsociopolitical destabilization, National Research University «Higher school ofEconomics», as well as practical activities for lectures and seminars within thecourse «Legal systems of modernity» (teaching at the Open school of law at theResearch University «Higher school of Economics»), «History of state and law offoreign countries», «the Theory of law», «Law» (teaching activity in the ResearchUniversity «Higher school of Economics»), «Municipal law-making», «Land law»,«Labor law» and «Administrative law» (teaching activity in the Electrostal branchof Moscow psychological and social University).The researcher also published eight scientific articles on the topic of PhDthesis.The structure of the dissertation research is determined by the logic ofscientific research (from particular to General) and reflects the main aspects of thedeveloped topic.
The author investigated the private components of conflict oflaws and on the basis of scientific research has collected a complete picture of theessence of conflict of law.The dissertation research consists of an introduction, three chapters coveringten paragraphs, conclusion, Annex 1, which is a table that reflects the proposedcriteria for the division of legal communities into elements of the legal system,Annex 2, which is a table with the differentiation of ways to prevent, eliminate andovercome conflicts of law, Annex 3, which is a draft Chapter on conflict of lawsfor the Federal law «on normative legal acts», as well as a list of regulatory sourcesand a list of references, Annex 4, which is a draft of Teaching Programme ofConflict of Laws.BRIEF CONTENT OF THE THESISThe introduction substantiates the relevance and novelty of the dissertationresearch, defines the object, subject, purpose, objectives, as well as researchmethodology.The first Chapter «the Essence of conflict of laws» accumulates the basicdoctrine of conflicts of law and conflict of laws.In paragraph 1.1, «the Concept of conflict of law», different approaches tothe term «conflict» are investigated.
The concepts of «conflict of law» and«competition of law» are distinguished.The legal conflict should be understood as a passive clash of rules governingthe same social attitude, enshrined in the law and articles and paragraphs ofnormative legal acts of different or the same level and source of publication.The paragraph substantiates the impact of legal conflicts on the stability ofthe law. Due to the fact that the state of stability is possible only with certainty,certainty and predictability in legal phenomena, in order to achieve it, the mostlogical and effective will be the desire to achieve conflict-free law.The second paragraph, «Classification of conflicts of law», deals with theclassification of legal conflicts.
It is concluded that they are sufficient to identifythe essence of conflict of laws, the nature of conflicts, the causes of theiroccurrence and the development of an effective mechanism for preventing andresolving conflicts. There is currently no need to «split» conflicts into smallersubgroups.In the third paragraph of the first Chapter «the Concept of conflict of law» itis noted, despite the fact that the term «conflict of law» is well-established in legalterminology, in Russian science has not yet formed a consensus on the place ofconflict of law in the system of Russian law.
In this regard, we have studied thelegal nature of conflict of law and its structure.The main point on which attention is focused is that conflict of laws shouldbe based on a combination of theory and practice.In the second Chapter, conflict of laws is studied in the framework of thescientific direction of legal conflictology.In paragraph 2.1 «the Concept and structure of legal conflictology»investigated the concept of «legal conflictology», «conflictology», also consideredthe structure of legal conflictology. Social conflict is studied mainly from the pointof view of management theory.
Various approaches to the concept of «legalconflictology» and its structural elements are investigated.In paragraph 2.2, «the Concept of conflict of law», it is stated that the studyof the conflict should proceed from its understanding as a contradiction that occursbetween subjects of law or other social groups. The contradiction betweennormative legal acts and other legal documents cannot be considered a conflict,and, consequently, normative legal acts cannot be parties to the conflict either.Paragraph 2.3 «Non-Normative legal ways of preventing and resolving legalconflicts and legal conflicts» justifies the conclusion that all ways of dealing withconflicts can be divided into ways of preventing possible conflicts and ways ofresolving existing conflicts.
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