Teisės normų kolizija ir konkurencija

While applying laws we can deal with such juridical phenomena which are called the conflict of laws and the rivalry of laws. The problem of the conflict of laws arises when the same legal relations are regulated by incompatible legal norms which are usually laid down by different juridical acts. The conflict of laws is considered to be the internal contradiction of the legal system. When the same legal relations are regulated by two or more legal norms, which compete against each other, however, without contradicting each other, we deal with the rivalry of laws. In other words, according to the equally existing legal regulations the identical legal relations are regulated in a different way, therefore, different or partially different legal norms are laid down. Special principles, which are formulated in the Theory of Law, are applied in order to solve the problem of the conflict of laws (lex superior derogat legi imperiori, lex posterior derogat legi priori, lex specialis derogat legi generali). However, it is often necessary to act in accordance with general juridical principles, scientific reccommendations, judiciary law or juridical consciousness. It is important to note that the solution of the problem of the conflict of laws and the rivalry of laws depends on the branch of jurisprudence. There are specific rules to solve the problem of the conflict of laws and the rivalry of laws depending on the branch of jurisprudence. For instance, in the case of the conflict between general and special rules in the criminal law, the special rule is chosen. In the case of the conflict between special rules, the rule which involves the larger scale of specific characteristics and the smaller scale of criminal acts is chosen. The problem of the conflict of laws in the international private law arises when the domestic laws of two or more countries regulate the same legal relations, and it is necessary to make a choice between the legal systems of these countries. The problem of the conflict of laws in the international private law is solved with the help of peculiar conflict rules which exist in each country. The conflict rules are included into the national laws in action as well as in international agreements and they define the priority of this or that country to apply its legal norms to regulate the particular legal relations. In other branches of jurisprudence, for example, civil law or administrative law, the rules which are formulated in the general Theory of Law are applied to solve the problem of the conflict of laws. There are several juridical and social reasons of the conflict and rivalry of laws. Firstly, it is the incompatibility of laws as well as the chaotic and inconsistent adoption of laws. For instance, laws must be passed together with other accompanying juridical acts to regulate the application field of these laws. Secondly, it is the inappropriate interpretation of legislative acts when the application field of paricular laws is not taken into consideration. Finally, one of the reasons is also the shortage of qualified lawyers.