Conflicts and collusions as legal contradictions in environmental law

Abstract

The article is devoted to the analysis of doctrinal approaches to the concepts of "legal collision" and "legal conflict" and their reflection in ecological law. In the context of it the theoretically legal characteristics of the category "legal conflict" were carried out. It is concluded that a broad understanding of this concept, which is proposed in the theory of law, covers a variety of legal phenomena and entails the threat of substitution by other concepts similar in content and functional loads.
 For this purpose, a comparative analysis of legal collision and legal conflicts in a scientific publication which based on a general feature that is inherent in both phenomena, namely, legal contradictions. It is convincingly well-proven that it is not necessary to identify these concepts, because the plane of their functioning is different: legal collision operates in the system of positive law whereas legal conflict - in the legal sphere during the social interaction of concrete subjects.
 In the context of this issue, the question of dialectical intercommunication is reflected between legal collision and legal conflict. This was facilitated by the analysis of legal conflict from the positions of legal theory. In the context of research of ecologically legal conflicts from position of environmental law theory has been installed the impact of environmental law norms on the emergence, development of conflict relations in the field of environmental protection and nature management. An estimation of the effectiveness was carried out of ecologically legal regulation of ecological conflict and the mechanism for resolving ecological conflicts. It is proved that high-quality legal regulation of ecological relations is an effective preventive mechanism of adjusting ecological conflicts, and, conversely, its imperfection complicates law enforcement practice.
 It is concluded that in the case of legal collusion application, the existing contradictions between the norms of law will lead to a legal conflict as a contradiction between the subjects of legal relationships in connection with the realization of collision norms. At what such a determinant always generates rise to the actual ecologically legal conflicts, in contrast to other ecological conflicts, the preconditions for which may exist out of limits of ecological law.