Code in the system of alternative regulatory legal acts: priority issues
Abstract
Modern practical jurisprudence faces many difficulties caused by inconsistencies in the current legislation. This problem concern the collision between codified and special legislation. We have formed a unified approach to solving the conflict of norms of codes and other federal laws with the help of general scientific methods (analysis, synthesis, and analogy), and special, private scientific methods (formal legal, functional methods, and method of legal modeling). We have formulated a collision rule according to which the norm of a special law takes precedence over the norm of an ordinary law (including codified one). Mentioning or not mentioning the code about the admissibility of the adoption of a special law in a particular case has no legal significance. We believe that the thesis that the codified act automatically acquires increased legal force in relation to uncodified laws, which is widespread in modern science, should be recognized as incorrect.
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