THE PROBLEM OF DEFINING THE CONCEPT, STRUCTURE, DISTINCTIVE FEATURES AND FUNCTIONAL PURPOSE OF CONFLICT-OF-LAWS RULES IN DOMESTIC LAW

Abstract

In the paper the author specifies that the active interaction and stronger relations between different branches of law regulating homogeneous legal relations, as well as increasing differentiation of legal regulation of certain relations within the bounds of one branch of law, on the one hand, results in the progressive development of law, but, on the other hand, for some objective or subjective reasons, in legal conflicts that have an adversely affect on the effectiveness of the legal regulation of social relations. In this regard, conflict rules of national law are essential tools applied for the legal regulation of intrastate relations that provide unbiased, equitable, legitimate settlement of different kinds of legal conflicts. They perform a technical function in the process of defining a governing rule in the event of a conflict between legal rules governing homogeneous or similar relationships. Due to the increasing demands of the society for the law reform and an increase in the number of legislative acts, the number of legal conflicts is constantly increasing. In this regard, under the operation of conflict rules of law, a variety of instances of contradictions between legal rules and uniform principles and methods of resolving, overcoming and eliminating such controversies should be provided.