| Popis: |
Basically, the definition of the term "legal conflict" in public law research is carried out through the prism of the interpretation of social (political) conflicts in sociological, political science and conflict studies. Moreover, if we analyze the existing definitions of legal conflict, in essence, they are a variation of the definitions of social (political) conflict proposed in the literature - a category that is more general in relation to state and legal conflicts, taking into account the peculiarities and tasks of constitutional law regulation. The article examines the concept of legal conflict as a basis for a public legal dispute in administrative proceedings. It is emphasized that existing conflicts do not always have their external manifestation. The very existence of uncertainty in the rights of the parties to the conflict, dissatisfaction with the actions of the parties to the conflict in the absence of the opposite requirements is considered as an internal, potential conflict. The legislation of Ukraine does not contain the construction "legal conflict" and operates with such terms as "crime", "offence", "dispute" (civil, commercial, public law). In essence, they are separate forms of legal conflicts. That is why the vast majority of scholars note that a legal dispute is not any dissatisfaction of one party to the actions of another but a formal complaint (claim) to a government agency or official who is authorized to consider the dispute. Of course, in the administrative-legal aspect, it is necessary to distinguish between the terms administrative-legal dispute and legal conflict. Conflict may be a prerequisite for a dispute in the legal sense, but not every administrative-legal dispute develops on the basis of conflict, and even more so, not every dispute is a conflict. A legal dispute is a form of objectification of a legal conflict. The moment of such objectification is an official appeal to the jurisdiction. |
