Algorithms to Address Complex Collisions of Law
In: Russian Foundation for Basic Research Journal. Humanities and social sciences, S. 75-86
ISSN: 2587-8956
The paper describes the conceptual algorithm model to address complex collisions of law (conflicts of law) that arise due to coincidence of collisions. Based on the functional interpretation of the conflicts of law, the author describes a three-level taxonomy of such conflicts in terms of the prescriptive criterion: at the first level, the conflicts of law are divided into objectively solvable and objectively unsolvable (absolute) ones. At the second level, the objectively solvable conflicts of law are subdivided into inter-legal (spatial) and intra-legal ones. The latter, in their turn, are subdivided into hierarchical, conceptual and temporal conflicts of law. However, the coincidence of law conflicts may only occur between intra-legal collisions.
The author demonstrates the interrelation between the universal and specific historical aspects to determine the criteria for selecting the applicable law in case of various conflicts of law. It is noted that in the context of the modern hierarchically organized legal system there is a hierarchy of collision maxims: first — lex superior, second — lex specialis, and third — lex posterior. The paper provides a model of the scientifically grounded algorithm for addressing conflicts of law in a situation of their coincidence, taking into account various strategies.