СПОСОБИ РОЗВ'ЯЗАННЯ ТА ПОДОЛАННЯ КОЛІЗІЙ У КРИМІНАЛЬНОМУ ПРАВІ УКРАЇНИ

Abstract

The purpose of the article is to find the best ways to resolve conflicts in the criminal law of Ukraine. Methods. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of research. The main one is general dialectical method of scientific knowledge of real legal phenomena. Special research methods used in the study are: the method of systematic analysis, formal legal, interpretation of law, comparative law, modeling. The theoretical basis of the study is the latest scientific works in the chosen field of research. Results. As proved during the analysis of the legal literature, there is the following list of effective ways to resolve and prevent conflicts in law, which can be extrapolated to the field of criminal law: 1) unification of law; 2) harmonization of law; 3) approximation of law; 4) clear delineation of powers of public authorities; 5) monitoring of normative legal acts; 6) creation of model laws; 7) interpretation of law; 8) improvement of legislation. Conclusions. As a result of the study, it is proposed to apply different principles to overcome conflicts depending on their type (in particular, "a special law repeals a general law", "a later law cancels an earlier one", "the next general law does not cancel an earlier special law of similar legal force"). Types of "conflict rules" in the sources of criminal law are presented primarily depending on the specific type of such sources. Modern legislation, including criminal, contains virtually no rules aimed at overcoming intersectoral conflicts, but conflicts of law in various areas of Ukrainian law create significant problems in law enforcement.