Shilyuk, T.O., Mittelman, K.G. On the issues of conflict of laws of the constituent subjects of the Russian Federation on education

Abstract: The article establishes the correlation between the acts on education at the federal level and at the level of the constituent subjects of the Russian Federation. The authors came to a conclusion that the legal collision (conflict of laws) in the sphere of education should be understood as formal contradictions (differences) between two or more legal matters within the objective law, which are based on objective and subjective factors. Having studied the normative legal acts of the constituent subjects of the Russian Federation on education, the authors established the main causes for the collisions, namely — objective and subjective ones, and provided their detailed analysis. The duplication of provisions of federal laws in the legislation of constituent subjects may be regarded as the main reason for such collisions. The authors analyzed the provisions of laws on constituent subjects on education and provided the examples of collisions in this article. As a result of their studies, the authors offer the ways to resolve the conflicts of laws in the legislation of constituent subjects of the Russian Federation, such as norm-making, issuing the conflict-of-laws norms, interpretation, cancellation, judicial review and negotiations.

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