RESOLUTION OF COLLISIONS BETWEEN ACTS OF LEGISLATION OF DIFFERENT LEGAL FORCE AND BETWEEN LEGAL CONCLUSIONS (POSITIONS) OF THE SUPREME COURT

Abstract

The article is devoted to highlighting individual approaches to resolving conflicts be-tween acts of different legal forces and between legal conclusions of the Supreme Court. Based on the analysis of legislation and national judicial practice, the author substanti-ated that in case of conflicts between acts of the same legal force, a hierarchical approach should be applied. It has been proven that this approach is based on a hierarchical system of normative legal acts, the basis of which is the Basic Law of the State - the Constitution of Ukraine, all other laws are adopted on the basis of and in accordance with the Constitution of Ukraine and cannot contradict it; in turn, subordinate legal acts are adopted on the basis of and in accordance with the laws of Ukraine. It is argued that in case of contradiction between the norms of the by-law and the norms of the law, the norms of the law should be applied since it has a higher legal force. Based on the analysis of judicial practice, it was found that a conflict may arise between the legal positions of the Supreme Court in the composition of different panels, chambers or joint chambers, between the legal positions of the Supreme Court and the Grand Chamber of the Supreme Court. It has been proven that the cause of such conflicts may be a different ap-proach of the courts to the interpretation of legal norms regulating the same social-administra-tive legal relations, as well as a departure from a previously formed legal position; application by cassation courts of an unequal approach to the resolution of conflicts in legislation. The author substantiates that in order to overcome the conflict between the legal posi-tions of the Supreme Court, certain rules are applied, according to which the conclusions con-tained in the decisions of the judicial chamber of the court of cassation have priority over the conclusions of the collegium of judges of the court of cassation, the conclusions of the joint chamber - over the conclusions of the chamber or collegium judges of the court of cassation, and the conclusions of the Grand Chamber of the Supreme Court - over the conclusions of the joint chamber, chamber and collegium of judges.