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§2. Overcoming of legal collisions in a field of activity of law-enforcement bodies on maintenance and protection of the rights of citizens.

the ways of elimination considered above and the preventions of legal collisions characterising in bolshej to a measure activity of a legislative branch of the power in this area allow to cope successfully with a task in view — namely to harmonise norms of the national legislation, to liquidate the revealed contradictions of is standard-legal regulation, to create a preventive barrier against their occurrence in the future.
However success of this activity directly depends on the reasons of occurrence of collisions (if the collision has resulted from lobbying of any tactical interests hardly it is possible to say about fast time of its elimination), and also from efficiency and professionalism of actions of a legislature, that too raises the doubts. Set of objective and subjective factors, in many respects negative character, legal collisions do not allow quickly and to eliminate qualitatively before them will face pravoprimenitelnye bodies. If it is a question of the rights and freedom of citizens, is more exact about their infringements owing to collision of norms and uncertainty of legal effects in case of their application, state reaction should be really instant really to provide a mode of legality and the law and order, the guaranteed observance of the rights of citizens. Overcoming of a legal collision means the permission of the collision which have arisen concerning a concrete vital case in process pravoprimenitelnoj of practice. Unusual character of this group of ways of the permission of collisions assumes presence enough the mobile, viable mechanism which has received the name conflict механизма.215 In the general view the conflict mechanism includes three elements: conflict rules, conflict rules and interpretation of rules of law. The leading part among tools of overcoming of legal collisions, undoubtedly, belongs to a law of conflict. Provided by item item 71 « p »Constitutions of the Russian Federation cannot be considered a federal law of conflict as independent branch as its norms are included in other certificates and do not exist изолированно216. However, the constitutional formula« a federal law of conflict »is a legal reference point and stimulus for formation such отрасли217, and its formation will promote strengthening of intersystem communications in the Russian legislation. At the same time it is difficult to agree with the statement that the law of conflict can represent« complex super-branch of law », acting in the same row with public, private and humanitarian правом218. However difficult and to underestimate a role of a law of conflict in business of the permission of collisions, as development and application of conflict rules — widespread enough and optimum enough way of overcoming of legal collisions, including in a field of activity of law-enforcement bodies. It is necessary to recognise, that gradually developing law of conflict covers the influence all phases of dynamics of development of collisions and extends the regulation to all spheres of the state life. JU.A.Tikhomirov offers the general, base principles of a law of conflict: 1) a conformity principle to the constitutional imperatives with reference to the permission of collisions within the limits of the national law; 2) a principle of execution of norms on the basis of the accepted self-obligations - with reference to the relations regulated by international law; 3) a principle of voluntary confession of a preferable choice of norms in aspect of comparative jurisprudence; 4) a principle of reduction of volume of contradictions for achievement of the compromise or согласия219.
Creating a basis for the further system engineering of necessary concepts and the toolkit perfection, the resulted principles will promote a choice of concrete norms in conflict situations. To this day in theory of law there is no uniform definition of the conflict rule. A.A.Tille represented it in a kind «a regulator at a law choice». A little expanding this representation, S.S.Alekseev defines conflict rules as «the instructions specifying in norms (laws, legal systems) which should be applied in this case, that is the instructions regulating a choice between norms» 220. N.A.Vlasenko concretises the conflict rule in image of "the specialised legal rule accepted for the purpose of elimination of collisions between legal instructions» 221. V.K.Babaev and V.M.Baranov, even more moving apart frameworks of "a conceptual field», speak about conflict rules as the instructions accepted for the purpose of elimination of collisions or defining an order of resolution of conflicts between legal нормами222. From the listed follows, that the conflict rule - a special kind of standard instructions, the rule of command ordering the legal system. Direct object of conflict rules are «actions pravoprimenitelja at a choice and application of concrete rules of law to concrete situations» 223. JU.A. Tihomirov, specifying, that norms of a law of conflict cannot be identified with conflict rules, characteristic for the international private law, speaks about the whole complex of the norms applied simultaneously, namely: • the Substantive rules defining the rights, duties and responsibility of subjects of law; • the Norms-principles focusing current law-making; • Norms-priorities; • Norms-dominants; • Norms-interdictions; • Norms-preferences; • Norms-sanctions; and also procedures of use specified норм224; S.S.Kuzakbirdiev results conflict rules as specialised norms, carrying them in group serving норм225. A.R.Lavrentev divides this point of view, considering, that «conflict rules urged to eliminate inconsistency of components of the right, to settle relations between norms. They are as though« regulators in a regulator », give to the legal system in a certain measure quality of self-regulated system» 226. Thus, analyzing conflict rules, their problems and position in the legal system, JU.A.Tikhomirov comes, in our opinion, to a true conclusion that «overcoming of collisions is served simultaneously by three criteria - the international norms protected by the constitutional sovereignty, national norms and the general principles of the right» 227. Thus, conflict rules are the original stabilizer pravoprimenitelnoj activity, allowing operatively and uniformly to resolve arising contradictions of rules of law, providing appropriate functioning of system of the legislation. However such efficiency is possible only in that case when conflict rules are already created and accessible for pravoprimenitelja in real time. For example, one of ways of overcoming of existential collisions of norms of criminal law is application of conflict rules. Them concern temporalnye the conflict rules establishing an order of a choice of appropriate norm from number raznovremenno operating, and spatial conflict rules, defining a choice from among the norms having various territorial sphere of action. In operating UK the Russian Federations conflict are the norms defining a mode of operation of the criminal law in space (item 4) and in time (item 6). Sometimes, in the absence of special conflict rules, for elimination of existential collisions such way, as application pravopolozheny is used. These pravopolozhenija, «being obektivirovannym result of judicial and other individual legal activity of competent bodies, not merging with effective standards, represent rather independent legal phenomena, a specific version of a legal reality» 228. Differently, «pravopolozhenija act in the form of the certain legal rules developed by judiciary practice and promoting effective pravoprimenitelnoj activity» 229. It as we have already found out, far not always is possible. For this reason to one legislature not under force to provide in a considered context accurate functioning of system of the legislation, the permission of arising collisions in the set existential frameworks. In this connection, right interpretation as a whole, and right official interpretation in particular, takes the important place in the legal regulation mechanism, joins in processes of law-making, ordering of the legislation, realisation of the right and overcoming of legal collisions. Interpretation any kind: official and informal, standard and kazualnoe, autenticheskoe and legal it can be considered as means of overcoming of collisions of rules of law. But special value in overcoming of legal collisions all kinds of interpretation, and only have far not some of them. Official interpretation, its results expressed in certificates of interpretation of various state bodies, gives to employees of law-enforcement bodies possibility to find and study those legal acts, legal instructions which can help them in case of difficulties at realisation of rules of law. In a field of activity of law-enforcement bodies there are various actual situations which are difficult for solving without such toolkit given by official interpretation as official interpretation certificates. Right official interpretation is understood expressed in interpretatsionnom the certificate as an explanation of original sense (maintenance) of the right, carried out by competent subjects on that in the special order established by the legislation, and having for all other subjects of law obligatory характер230. Official interpretation promotes maintenance of unity of understanding of legal acts and unities of their application, to consolidation of legality in legal activity as a whole. Official interpretation can be classified by kinds of its subjects - on interstate and international (international or nadnatsionalnoe) right official interpretation; judicial and administrative (both that, and another normotvorcheskoe and pravoprimenitelnoe); autenticheskoe and legal (delegated), and also depending on sphere of action of certificates of an explanation of rules of law - on standard and kazualnoe. In our opinion, one of powerful tools in business of overcoming of legal collisions in a field of activity of law-enforcement bodies the control over activity of enforcement authorities in relation to citizens and other subjects of the legal relations arising in sphere of executive and administrative activity of specified bodies, interpretation of rules of law from judicial власти231 is. It speaks that the judicial authority is one of the institutes which purpose - to preserve legality in all cases of infringement of personal liberty, to protect legitimate rights of citizens from their any infringement from someone's party. The judicial authority is the independent and independent branch of the government created for the permission on the basis of the law of social conflicts between the state and citizens, citizens, legal bodies; the control over constitutionality of laws; protection of the rights of citizens in their mutual relations with enforcement authorities and officials; the control over observance of the rights of citizens at investigation of crimes and carrying out of operatively-search activity; L of an establishment of the most significant juridical facts. The judicial authority is carried out in forms constitutional, civil, administrative, the criminal trial. However already at a stage of formation of the structural elements included in the maintenance of the judicial authority it is possible to find out divergences in a formulation of the maintenance. So, I.L.Petruhin specifies, that the judicial authority is carried out in forms of the constitutional, administrative, civil, criminal, arbitration justice, and also explanations of Plenum of the Supreme Court of the Russian Federations based on the analysis of judiciary practice and judicial statistics; personnel maintenance of vessels with bodies of judicial community; organizational-technical and financial maintenance of vessels with Judicial department at the Supreme Court of the Russian Federation; the control over execution judicial решений232. Undoubtedly, main function of tribunals - judicial protection of the rights and freedom of the person and the citizen. The legal status of bodies of the judicial authority, their function and strictly certain order of activity create an accurate legal basis for protection of the personal rights, both at their infringement, and at contest. The organisation and delivering justice are based on certain legal principles, major of which is the requirement of realisation of justice court which is fixed in the Constitution of the Russian Federation (item 118 233) and the Federal constitutional law «About the judiciary in the Russian Federation» (item 4 234). Carrying out of a problem of maintenance of legality in activity of the state bodies, judicial authority bodies carry out the judicial review in following directions: 1. The constitutional control over conformity of the Constitution of the Russian Federation standard legal acts of the President of the Russian Federation, State Duma of the Russian Federation, Federation Council of the Russian Federation, Government of the Russian Federation and corresponding enforcement authorities of subjects of the Russian Federation, standard договоров235. 2. The control of vessels of the general jurisdiction at the disposal of legal proceeding, arising from public legal relations, behind legality of decisions and actions of enforcement authorities, their officials, local governments, the state and municipal employees, and also under statements of citizens, the organisations, the public prosecutor about contest of standard legal acts completely or in части236. 3. The control of arbitration courts over legality of the standard legal acts mentioning the rights and legitimate interests of the applicant in sphere of enterprise and other economic activities if their consideration is carried by the federal act to the competence arbitration суда237. Apparently, the essential of control activity of vessels is devoted normokontrolju. Normokontrolem it is possible to recognise activity of the authorised subjects who are carrying out jurisdiktsionnye powers according to the current legislation on check of conformity of standard legal acts to federal constitutional laws, other standard legal acts having big legal силу238. Does not raise the doubts, that the problem of conformity of normative acts, various on force of acceptance, demands more detailed and accurate legislative regulation. But such regulation should not leave towards simplification of procedures of cancellation or a recognition void standard legal актов239. The interrelation of control powers of vessels with interpretation from the judicial authority of the specified above standard and individual certificates is obvious. About same V.N.Kartashov who considers interpretation in quality interpretatsionnoj experts speaks, naming its such functions, as control, signalnoinformatsionnaja and compensatory. The given functions in the named sequence consist in revealing of defects of the right, the notification of a legislature about detection of a collision of norms and in elimination revealed погрешностей240. The special place in the judiciary in business of overcoming of legal collisions belongs to the Constitutional Court of the Russian Federation operating on the basis of the Constitution of the Russian Federation and the Federal constitutional law «About the Constitutional Court of the Russian Federation» from the June, 24th, 1994 which has become effective on July, 23rd 1994г241. Among powers of the Constitutional court, in particular, allocate interpretation of the Constitution of the Russian Federation, the permission of affairs about conformity of regulatory legal acts of the Constitution of the Russian Federation, check of constitutionality of the law which is applied or coming under to application in concrete деле242. Thus, it is possible to allocate that the main task of the Constitutional Court - protection of the rights of citizens against unconstitutional laws. About it it is spoken in item 125 ch. 4 Constitutions of the Russian Federation: « The constitutional Court of the Russian Federation under complaints to infringements of constitutional laws and freedom of citizens and by inquiries of vessels checks constitutionality of the law applied or coming under to application in concrete business, in an order established by the federal act »243. The constitutional Court, considering disputes on the competence between federal and regional public authorities, protects the rights of citizens, being based that legal regulation of the rights and freedom is a federal authority prerogative. Subjects of Federation have not the right to reduce the level of guarantees of the personal rights established by federal acts and cannot refuse realisation together with competence Federation on practical protection of the rights and freedom. So, the decision from July, 2nd, 1997 №11-П the Constitutional Court of the Russian Federation recognised the item« »ч.1 articles 1 of the Law of Republic Mordovia from January, 20th, 1996« About time emergency measures on crime control »mismatching the Constitution Russian Федерации244. The constitutional Court of the Russian Federation on disputes on the competence can oblige the state bodies to make of the decision and to carry out the actions providing both regulation, and protection of the rights and freedom of citizens. So, for example, in the decision from April, 4th 1996г. №9-П on business about check of constitutionality of some normative acts of a city of Moscow and the Moscow area, Stavropol Territory, the Voronezh area and a city of Voronezh, the citizens regulating a procedure for registration arriving on the permanent residence in named regions, the Government of the Russian Federation in view of high economic and recreational loading in region of the Caucasian Mineral Waters was entrusted to take the measures providing protection and preservation of natural medical resources Caucasian Mineral Вод245. The constitutional Court of the Russian Federation checks constitutionality of normative acts, only on disputes on the competence a check subject can be and nenormativnye, the last in check procedure can be considered from the point of view of the competence, but not under the maintenance of norms. As a bright example the Decision of the Constitutional Court of the Russian Federation from April, 4th 2002г can serve. №8-П on business about check of constitutionality of separate positions of the Federal act «About the general principles of the organisation legislative (representative) and executive powers of the government of subjects of the Russian Federation». The specified law (item 9 item 4) provides possibility of removal by the decree of the President of the Russian Federation of the prevention to legislative (representative) public authority of the subject of the Russian Federation, within the powers not provided after a target date decree execution. As the prevention is taken out in the form of not standard decree of the President of the Russian Federation, possibility of its contest in the order established by the law of procedures in the Supreme Court of the Russian Federation which decision, however, cannot call into question neither taken place is not excluded also, nor the possible decision in the future of the Constitutional Court of the Russian Federation and should not predetermine it содержание246. As to interpretation by the Constitutional Court of the Constitution of the Russian Federation as a vivid example of overcoming of legal collisions on the basis of the decision of the Constitutional court of the Russian Federation the Decision from June, 16th, 1998 №19-П on business about interpretation of separate positions of the item of l 125 can serve, 126 and 127 Constitutions of the Russian Federation. In this decision the legal position according to which the court of the general jurisdiction or arbitration court, having come to conclusion about discrepancy of the Constitution of the Russian Federation of the federal act or the law of the subject of the Russian Federation, have not the right to apply it in concrete деле247 has been expressed. In this case the inquiry about check of constitutionality of this law should follow. Today this legal position was embodied in corresponding norms Civil remedial (item 11) and Arbitration remedial codes (item 13). At the same time, being body of the constitutional control, carrying out interpretation of the Organic law of the state, the Constitutional Court of the Russian Federation itself has not avoided spirit of discrepancy and uncertainty. It is a question of such phenomenon, as «a legal position of the Constitutional Court of the Russian Federation». The term «a legal position of the Constitutional Court of the Russian Federation» has been entered in kategorialnyj the device of the constitutional doctrine of item 73 of the Federal constitutional law «About the Constitutional Court of the Russian Federation» 248. We do not consider possible within the limits of given work to press deeply in an essence of this problem which continues to be studied now and исследоваться249. Let's tell only, that the high functional importance of legal positions of the Constitutional Court of the Russian Federation puts a problem of exact and unequivocal definition of their place in system of the Russian right, aggravates a problem of their application in legal практике250. Besides, in one diploma, obligatory for execution, scientific doctrines are not expressed so often and so deeply, as in decisions of the Constitutional Court of the Russian Federation. And the persons realising the right, face as a result problems of correct interpretation and, accordingly, definitions of legal effects of decisions Constitutional Суда251, legal positions or certificates of interpretation of positions of the Constitution of the Russian Federation. The Supreme Court of the Russian Federation and all system of vessels of the general jurisdiction constantly carry out pravoprimenitelnuju activity, being on guard of the rights and interests of citizens. Discrepancy, a neolimitennost, probelnost the Russian legislation defines exclusive importance of activity of vessels on overcoming of legal collisions, the control over decisions and actions of enforcement authorities. General jurisdiction courts practically daily face a situation when subordinate legislation regulatory legal acts contradict also to federal acts, and Constitutions of the Russian Federation. As to the control of vessels of the general jurisdiction over legality of actions and decisions of enforcement authorities and management, in particular, law-enforcement bodies from coming into force of norms of the Code of Criminal Procedure there were considerable positive changes. On the basis of article 29 UPK the Russian Federation, according to item 22, 23, 25, 46 Constitutions of the Russian Federation courts supervise legality in a stage of preliminary investigation and in a course operativnorozysknoj activity. In spite of the fact that norms of the Constitution of the Russian Federation are valid direct action, the long-term collision between norms of the Constitution of the Russian Federation and real order pravoprimenenija in all territory of Russia as the named constitutional norms long time were purely декларативными252 is removed. From first days of acceptance of the Organic law the Supreme Court of the Russian Federation formed practice of application by vessels of the Constitution of the Russian Federation as the certificate of direct action as that and demanded item 15 and 76 Constitutions of the Russian Federation. In variety of decisions of Plenum of the Supreme Court of the Russian Federation the explanations based on a priority of the constitutional norms, on application of the Constitution of the Russian Federation as certificate direct действия253 have been made. In particular, with a view of elimination of different interpretations, contradictions in pravoponimanii, Plenum of the Supreme Court of the Russian Federation in the decision from December, 21st 1993г. №10 «About consideration by vessels of complaints to the wrongful acts breaking the rights and freedom of citizens» (in red. From 24.04 2002г.) 254 has paid attention of vessels that according to item 46 of the Constitution of the Russian Federation, the item of item 1 and 3 Laws of the Russian Federation from April, 27th, 1993 « About the appeal in court of actions and the decisions breaking the rights and freedom of citizens »255 citizens any actions (decision) of the state bodies, local governments, establishments, the enterprises and their associations, public organisations, associations or officials can be appealed in court, except the actions (decisions) which check is carried by the legislation to the exclusive competence of the Constitutional Court of the Russian Federation or of which relation other order of the judicial appeal is provided. Separate courts, facing a legal collision, affairs to рассмотрению256 did not accept, for example, if it was a question of the right which has been written down in the Constitution, but not concretised in flowing законодательстве257. With reference to such cases it is necessary to agree with opinion T.G. Morshchakovoj about that «about direct action of the constitutional norms the court can resort to a rule only in an exclusive situation, meaning necessity of operative adjudication» 1. S.N.bratus adheres to the Same point of view - «the constitution can and should have direct action. It means, that everyone, whose rights are broken, if they are not provided by rules concretising the Constitution in the current legislation, have the right to resort to the device of the state compulsion for protection of the right broken and protected in the most general form». From the moment of acceptance and coming into force of the Arbitration code of practice of 2002 arbitration courts of the Russian Federation also carry out check of standard legal acts in sphere of economic and enterprise activity on conformity to their federal legislation. Disputes on legality of regulatory legal acts constitute now an independent category of the arbitration affairs which consideration is led in the procedure on the affairs arising from administrative and other public legal relations. Affairs about contest of regulatory legal acts carry exclusively publichnopravovoj character. Resolving such conflict, the arbitration court estimates conformity of the challenged normative act to the law or other regulatory legal act having the big validity, and also checks conformity of the challenged certificate of the competence and to powers of the body, accepted data акт3. Manufacture on the affairs arising from administrative and other public relations, is led under general rules of the adversary proceeding taking into account the features established by the item of item 191-196 of agrarian and industrial complex of the Russian Federation. Subjects of the legal relations which are coming within the purview of named norms, can be and law-enforcement bodies, in particular - criminal militia. The Decision of Presidium of the Supreme Arbitration Court of the Russian Federation testifies to it from September, 22nd, 1998 № 1487/97 on which as one of co-defendants on business about the indemnification the Central administrative board of internal affairs of St.-Petersburg and Leningrad области4 has acted. During proceedings arbitration courts have the right to recognise regulatory legal acts mismatching the federal or regional legislation, overcoming, thus, arising legal collisions. Important value circulars of the Supreme Arbitration Court of the Russian Federation in which the attention of subordinate arbitration courts to any positions of the Constitution or the decision of the Constitutional Court of the Russian Federation is paid, have containing certificates толкования258. It is quite probable, that with formation of administrative courts which necessity of creation many express today, powers of arbitration courts on manufacture carrying out on the affairs arising from administrative and other public legal relations, will be transferred им1. But it hardly completely will remove from arbitration courts a problem of check of normative acts in the field of economic relations. Interpretation of rules of law allows to lead judiciary practice to a uniform denominator. However in overwhelming majority of cases courts at application and right interpretation are guided by the letter of the law, ignoring its sense and the maintenance, disregarding the general legal principles. It is objectively caused by the form of legal system existing in the Russian Federation, necessity of a support at adjudication on articles of acts. Even if the judge will consider necessary to change the law in view of its injustice, it not will have the right to be beyond, outlined by articles of this law and their standard interpretation. Explanations of the higher degrees of jurisdiction represent exclusively certificates of interpretation and are not rules of law as power to create rules of law according to the constitutional position about separation of powers are given only to a power legislature. The Supreme Court of the Russian Federation can publish certificates of interpretation and possesses the power to initiate legislation, including for elimination of blanks and collisions in the normative acts revealed in process pravoprimenitelnoj of activity of courts below. However explanations of the higher degree of jurisdiction have obvious standard character. In decisions of the Supreme Court of the Russian Federation contains not only interpretation of rules of law, but also norms права259. There are cancellation cases higher degrees of jurisdiction of the decision of courts below in view of infringement of explanations of the Supreme Court by them concerning application of rules of law, or even cancellations of court of cassation in system of arbitration courts for non-use of the explanations given by these instance. To deny the standard nature of certificates of interpretation of the higher degrees of jurisdiction at the moment it is difficult, and at times it is impossible, but with a view of normal functioning of legal system it is necessary to refuse this practice undermining foundations of the constitutional system of Russia. One of ways of overcoming of collisions is official authentic standard interpretation - an explanation proceeding from body which has published the interpreted certificate. The problem of this kind of interpretation consists in creation of certain conflict rules by which it is necessary to be guided in process pravoprimenitelnoj activity. The essence of official interpretation consists that results of official interpretation of the right are obligatory for pravoprimenitelej. Right Official interpretation can be carried out only by special representatives on it subjects and right official interpretation always comes to an end with removal of the certificate of interpretation of the right. Right interpretation in whole (both explanation, and an explanation) takes the important place in the legal regulation mechanism, joins in processes of law-making, ordering of the legislation, right realisation. Moreover, interpretation of rules of law is one of stages pravoprimenitelnogo процесса260 of what it will be a question further. Official interpretation, its results expressed in certificates of interpretation of various state bodies, gives to employees of law-enforcement bodies possibility deeply to penetrate into an essence of legal instructions, that, undoubtedly, will render the invaluable help at realisation of rules of law by them. In a field of activity of law-enforcement bodies there are various practical situations which are difficult for solving without such toolkit given by official interpretation as official interpretation certificates. Official interpretation promotes maintenance of unity of understanding of legal acts and unities of their application, to consolidation of legality and the law and order as a whole. (Standard and kazualnye, written and oral) it is possible to classify certificates of official interpretation of the Ministry of Internal Affairs of the Russian Federation of the normative acts under the maintenance: containing interpretation of sense of operating rules of law by their logic development, specification and an explanation; containing a concrete definition of legal instructions and detailed elaboration of an order of their application; analogies of the right containing application or the law for overcoming of available blanks in legal regulation; containing instructions-reminders about operating законодательстве261. Official interpretation as a warning facility and elimination of errors at right application serves perfection pravoprimenitelnoj to activity of law-enforcement bodies and consolidation of legality in the course of its realisation, promotes softening of lacks of legal acts, filling of the gaps in the right, serves the purpose of their elimination. In more extensive context right interpretation in general constitutes one of directions «government activity on creation and realisation of rules of law» 262. The concrete definition and detailed elaboration of operating rules of law and practice of their realisation has sufficient prevalence in legal acts of the Ministry of Internal Affairs of the Russian Federation. Also it is the most preferable variant because the certificate of official interpretation of the right is published by the subject who has accepted the interpreted legal act or the certificate of official interpretation of the right proceeds from supervising persons or the bodies which are carrying out the control and supervision of law-enforcement bodies. Thus practical result of a concrete definition of norms in certificates of the Ministry of Internal Affairs of the Russian Federation is as elimination of an ambiguity by a detailed explanation of a designation of structural elements of rules of law, so sometimes and creation of new rules of law. Frequently the interpretation of rules of law made in legal acts of the Ministry of Internal Affairs of the Russian Federation, serves overcoming of blanks in legal regulation of activity of law-enforcement bodies. At the same time owing to specific position of the Ministry of Internal Affairs of the Russian Federation in system of the state bodies of the Russian Federation, features of its competence separate certificates of interpretation of the Ministry of Internal Affairs of the Russian Federation get nadvedomstvennyj standard характер263. Interpretatsionnye certificates of the Ministry of Internal Affairs of the Russian Federation act in the form of certificates of official or informal interpretation. For example, in Instructions of motor licensing and inspection department of the Ministry of Internal Affairs of Russia №13/8-2101 from 1998г. « About measures on improvement pravoprimenitelnoj activity »numerous interpretations are found out. Instructions of the Ministry of Internal Affairs of the Russian Federation basically are devoted separate questions of activity of various divisions of the law-enforcement bodies, requiring an explanation, specification or elimination available недостатков264. It is available operative enough way of overcoming of the found out collisions in subordinate legislation legal regulation. On subjects of realisation of interpretation within the limits of system of the Ministry of Internal Affairs interpretatsionnye certificates can be classified so:) certificates of the Ministry of Internal Affairs of the Russian Federation; certificates of the Ministries of Internal Affairs of republics as a part of the Russian Federation; certificates of the Departments of Internal Affairs of subjects of the Russian Federation; certificates of city and regional law-enforcement bodies. Also the edition of certificates of interpretation by divisions of the specified law-enforcement bodies is possible. (Orders, the instruction and instructions), given by the heads of these bodies possessing normotvorcheskoj компетенцией265, it is accepted to name official interpretation of normative acts of law-enforcement bodies autenticheskim as corresponding officials interpret directly normative acts, that too can play the positive role in business of elimination of contradictions in the right. It is necessary to agree with E.G.Miroshnikov that for maintenance of the rights and freedom of the person and the citizen certificates of interpretation of Investigatory Committee had special value at the Ministry of Internal Affairs of Russia though both their nature, and a recognition their certificates of interpretation sporny. In Newsletter SK at the Ministry of Internal Affairs of the Russian Federation the standard legal acts of various bodies systematised on special sections the states regulating activity of bodies of preliminary investigation, the decision of plenums of the Supreme Court of the Russian Federation, certificates of official interpretation SK were printed at the Ministry of Internal Affairs of the Russian Federation, and as the various articles containing doctrinal interpretation operating законодательства266. Besides named, within the limits of consideration of measures and ways of overcoming of legal collisions it is necessary to tell and about oral interpretation. Oral interpretation of rules of law is carried out more often by officials, possesses signs of efficiency of finishing to data of the interested person and the free, accessible form изложения267. Thus, collisions in the right are quite defensible overcome, is ordered pravoprimenitelnaja activity of law-enforcement bodies. Oral official interpretation, as a matter of fact, is an integral part of the spent instructing, one of means of deeper mastering by persons of a patrol and inspection service of those standard instructions by whom it is regulated their office деятельность268. Widespread in activity of law-enforcement bodies interpretation of norms of the criminal and criminal procedure legislation in the form of instructions of the chief of investigatory management (department) which are given according to item 39 UPK РФ269. In this case takes place official standard or kazualnoe interpretation of rules of law. 4 named articles are established by a part, that instructions of the chief of investigatory division are obligatory for the subordinated inspector. Actually, it is a question of delegation to the chief of investigatory division of the right on official толкование270. Independent value has also kazualnoe interpretation which is understood as an explanation of the law, normative act, obligatory only for the given case. In a general plan it is possible to express it as follows - «Having found out the contradiction, pravoprimenjajushchy the body makes the concrete legal decision important only for a concrete case. As a result the contradiction remains, but for a concrete case it is overcome» 271. The problem kazualnogo interpretation of rules of law is reduced to instructions of application of this or that rule of law from among entered a collision in the given concrete case. As a whole, interpretation any kind: official and informal, standard and kazualnoe, autenticheskoe and legal it can be considered as means of overcoming of collisions of norms права272. Thus, in a field of activity of law-enforcement bodies interpretation of rules of law that will allow to spend perfection of a legal basis of the organisation and activity of law-enforcement bodies can serve one of directions of overcoming of legal collisions, to achieve improvement of quality interpretatsionnyh certificates, maintenance of their realisation, and, finally, to avoid forced and casual pravoprimenitelnyh ошибок273. As it was already marked, the Russian legislation represents today excessively difficult formation, in which weight of every possible different interpretations, nestykovok, duplications, nesoglasovannostej, clashing or competing norms and institutes. In itM the legislation operate certificates of different level and the value, a different validity and an orientation, interests and aspirations various on the problems of financial, political, ideological institutes are reflected. From here, in practice constantly there are such situations which come within the purview at once of several norms. « There are undesirable legal dilemmas and alternatives. Various norms as though enter with each other an antagonism, being crossed in one point of legal space and "applying" on regulation of the same relation »274. To overcome a collision of rules of law, the exact analysis of circumstances of"business", a choice unique or, at least, the most expedient variant of the decision are required high professionalism pravotolkujushchego and pravoprimenjajushchego persons. The considerable role in business of overcoming of collisions of rules of law is played by theoretical workings out of scientists, the various general-theoretical and branch recommendations planning ways of overcoming of collisions. It is a question of so-called conflict rules, in a"pure"kind not fixed in one law or the interpretation certificate. In most general view the list of conflict rules has formulated E.Vattel275, the foreign representative of international law: • the ordered has overweight over resolved — t.e in all cases when that only is authorised, appears incompatible that is offered, the last receives overweight; • the resolved concedes forbidden - i.e. law or the contract which resolve something, should concede to law or the contract which forbid it; • the ordered concedes forbidden — i.e. with other things being equal law or the contract which order, concede to law or the contract which forbid; • if two positive laws or two contracts concluded between the same persons or the same states later law or the contract has preference before earlier face. If two contracts concluded between the various states earlier contract has preference face; • from two laws the preference is given less to the general — i.e. From two laws or conventions the preference is given to that certificate which with other things being equal is less the general and concerns question beings; • that does not suppose a delay, should have preference that can be made during other time; • if it is available two duties it is necessary to choose more important; • if it is impossible to fulfil simultaneously two promises given to the same person the last has the right to choose that it is necessary to execute; • the contract confirmed with an oath, uses preference before the contract which has been not confirmed with an oath; • with other things being equal that is offered on pain of punishment for default, has overweight by that is not offered in a similar way. In domestic legal science the given question such scientists, as S.S.Alekseev276, N.A.Vlasenko277, V.N.Kudrjavtsev278, V.P.Mal ков279 shined, N.I.Matuzov280, J.A.Tihomirov281 and others. At level practical pravoprimenenija law-enforcement bodies and their officials at detection of legal collisions usually are guided by following rules: 1. If the certificates of the same body published at various times on the same question (temporalnye contradict each other to a collision) last is applied. This principle is known since Roman Law times - later the published law cancels previous in all volume in what it with it disperses; 2. If conflict certificates are published simultaneously, but different bodies the certificate possessing higher validity (collisions on a vertical) is applied; 3. If the general and special certificates of one level (a collision across) last is applied disperse; if different level (a collision on a vertical), — the general. The author agrees with a position, that inclusion in this or that kind of the specified rules in the federal act «On standard legal acts» would play exclusively positive role in business of overcoming of collisions, streamlinings pravoprimenitelnoj experts and would form a basis for harmonisation of all legislation of the Russian Federation in целом282. Performance of the specified conflict rules by law-enforcement bodies and their employees probably precisely within the limits of lawful methods and means, in strict conformity with their competence to in certain forms: use of the given rights, execution of the assigned positive duties, observance of the established interdictions, and also right application in provided by laws and others normativnopravovymi certificates cases. Presence developed and properly fixed conflict mechanism of elimination of collisions of rules of law should testify to high internal organisation of the legal system, its ability to self-preservation. The considered ways of overcoming of legal collisions in case of realisation pravotvorcheskoj and pravoprimenitelnoj to activity of law-enforcement bodies will promote maintenance and protection of the rights and legitimate interests of citizens, perfection of system of the Russian legislation and legal system as a whole.
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A source: Polyakov Oleg Anatolyevich. Legal collisions in a field of activity of law-enforcement bodies on maintenance and protection of the rights of citizens. 2003

More on topic §2. Overcoming of legal collisions in a field of activity of law-enforcement bodies on maintenance and protection of the rights of citizens.:

  1. § 3. Features of legal collisions in a field of activity of law-enforcement bodies on maintenance and protection of the rights of citizens.
  2. CHAPTER 2. Ways of the permission of legal collisions to a field of activity of law-enforcement bodies on maintenance and protection of the rights of citizens.
  3. Poles Oleg Anatolevich. Legal collisions in a field of activity of law-enforcement bodies on maintenance and protection of the rights of citizens, 2003
  4. CHAPTER 1. The General characteristic of legal collisions in activity of law-enforcement bodies on maintenance and protection of the rights of citizens.
  5. § 1. Legal forms and methods of activity of law-enforcement bodies on maintenance of realisation of the political rights and freedom of citizens in Russia
  6. § 2. Organizational forms of activity of law-enforcement bodies on maintenance of realisation of the political rights and freedom of citizens in Russia
  7. § 3. Perfection of activity of law-enforcement bodies on maintenance of realisation of the political rights and freedom of citizens in the Russian Federation
  8. 2. Legislative fastening of the requirements shown to normotvorcheskoj to activity of law-enforcement bodies on maintenance of realisation of the political rights and freedom of citizens.
  9. 3. Federal acts for the organisation of activity of law-enforcement bodies should be concretised, regarding the questions, concerning maintenance of realisation of the political rights and freedom of citizens.
  10. the CHAPTER II. ACTIVITY of LAW-ENFORCEMENT BODIES ON MAINTENANCE of REALIZATION of the POLITICAL RIGHTS And FREEDOM of CITIZENS In the RUSSIAN FEDERATION
  11. § 2.3. The basic forms of activity of law-enforcement bodies on maintenance of the rights and freedom of the person and the citizen
  12. CHAPTER 2. ORGANIZATION-LEGAL BASES of ACTIVITY of LAW-ENFORCEMENT BODIES ON MAINTENANCE of the RIGHTS And FREEDOM of the PERSON And the CITIZEN
  13. Chapter 1. LEGAL BASES And ORGANIZATIONAL MAINTENANCE of INTER-REGIONAL COORDINATION of LAW-ENFORCEMENT ACTIVITY of LAW-ENFORCEMENT BODIES
  14. Collisions in the field of observance of the rights and freedom of citizens of the Russian Federation.
  15. §. 2. Forms of participation of law-enforcement bodies in protection and protection of real rights
  16. methodical maintenance of inter-regional coordination of law-enforcement activity of law-enforcement bodies