Разрешение коллизий с участием норм Гражданского кодекса Российской Федерации: старые и новые проблемы
The problems encountered in the resolution of conflicts (contradictions) with the participation of the norms of the Civil Code of the Russian Federation are considered, due to the absence of a solution to the earlier problems and the appearance of additional problems in connection with prioritizing the new edition of the first part of this Code.
The purpose of the article is to prove the erroneousness of the approach on the priority of the norms of the Civil Code of the Russian Federation to the norms of other federal laws; for this purpose, its contradiction to the general order of resolving conflicts between norms of law based on general legal principles, as well as the impossibility of unconditional priority of the norms of the Civil Code of the Russian Federation as codified Act due to its unconstitutionality and contradictory approaches used in the construction of a system of legislation.
To obtain the research results, general scientific methods of analysis and synthesis, comparisons, generalizations, classifications, as well as literal and system-logical interpretation of legal norms were applied.
As a result, on specific examples of the formation of the charter capital of business entities, it is justified that the priority of the norms of the Civil Code of the Russian Federation can only be regarded as the reception of legal techniques, when the legislator himself (other parts of the conceptual apparatus, classifications of subjects and objects, the structure of relations, etc.), and transitional provisions of civil legislation on such a priority can not be rejected Change priority of special rules. As a means of solving the emerging problems, it is proposed to exclude the provision on the priority of the norms of the Civil Code of the Russian Federation from this Code, and from the point of view of legislative technology, special and general norms should be changed simultaneously, otherwise the operation of the modified general norms will be blocked by special norms.