THE CONFLICT RULE “LEX POSTERIOR” IN ARMENIAN LAW
The rule Lex posterior derogat legi priori (the later law cancels the earlier one) has a universal doctrinal meaning. The preservation of this principle over the centuries shows its importance and axiomatic character. However, the situation in the Armenian practice is different. This article discuss...
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| Format: | Article |
| Language: | English |
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Peoples’ Friendship University of Russia (RUDN University)
2020-12-01
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| Series: | RUDN Journal of Law |
| Subjects: | |
| Online Access: | http://journals.rudn.ru/law/article/viewFile/25261/18912 |
| _version_ | 1818456883266060288 |
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| author | Artur S. Ghambaryan |
| author_facet | Artur S. Ghambaryan |
| author_sort | Artur S. Ghambaryan |
| collection | DOAJ |
| description | The rule Lex posterior derogat legi priori (the later law cancels the earlier one) has a universal doctrinal meaning. The preservation of this principle over the centuries shows its importance and axiomatic character. However, the situation in the Armenian practice is different. This article discusses the legality of the conflict of laws rule of the RA Law On Normative Legal Acts, according to which, in the event of a conflict between the earlier and later laws in force, the earlier law applies. The author investigates the conflict rule Les posterior from comparative-legal and historical points of view, and concludes that the regulation provided by the RA Law On Normative Legal Acts contradicts the laws of dialectics, and axiomatic truths, reflected in Roman law, thus, it is essential to revise it. The philosophical basis of the new law abolishes the old rule is the law of the dialectics denial of the denial, which gives high authority and value to the Lex posterior rule. The rule Lex posterior is the means of ensuring the Constitutional freedom of generations. Freedom of generation implies that the new generation is free from the rules established by previous generations and is free to change them. In addition, a law written later must prevail over earlier laws, based on the principle of democracy by the people. Before Lex posterior derogat legi priori law is fixed in practice, in case of conflict between the old and the new norms that have equal legal force, the highest Courts of the Republic of Armenia should give preference to the legal norm that came into force later. |
| first_indexed | 2024-12-14T22:33:45Z |
| format | Article |
| id | doaj.art-7a258958db1a4a5586d367c89df68ac7 |
| institution | Directory Open Access Journal |
| issn | 2313-2337 2408-9001 |
| language | English |
| last_indexed | 2024-12-14T22:33:45Z |
| publishDate | 2020-12-01 |
| publisher | Peoples’ Friendship University of Russia (RUDN University) |
| record_format | Article |
| series | RUDN Journal of Law |
| spelling | doaj.art-7a258958db1a4a5586d367c89df68ac72022-12-21T22:45:12ZengPeoples’ Friendship University of Russia (RUDN University)RUDN Journal of Law2313-23372408-90012020-12-012441224123910.22363/2313-2337-2020-24-4-1224-123919603THE CONFLICT RULE “LEX POSTERIOR” IN ARMENIAN LAWArtur S. Ghambaryan0Russian-Armenian UniversityThe rule Lex posterior derogat legi priori (the later law cancels the earlier one) has a universal doctrinal meaning. The preservation of this principle over the centuries shows its importance and axiomatic character. However, the situation in the Armenian practice is different. This article discusses the legality of the conflict of laws rule of the RA Law On Normative Legal Acts, according to which, in the event of a conflict between the earlier and later laws in force, the earlier law applies. The author investigates the conflict rule Les posterior from comparative-legal and historical points of view, and concludes that the regulation provided by the RA Law On Normative Legal Acts contradicts the laws of dialectics, and axiomatic truths, reflected in Roman law, thus, it is essential to revise it. The philosophical basis of the new law abolishes the old rule is the law of the dialectics denial of the denial, which gives high authority and value to the Lex posterior rule. The rule Lex posterior is the means of ensuring the Constitutional freedom of generations. Freedom of generation implies that the new generation is free from the rules established by previous generations and is free to change them. In addition, a law written later must prevail over earlier laws, based on the principle of democracy by the people. Before Lex posterior derogat legi priori law is fixed in practice, in case of conflict between the old and the new norms that have equal legal force, the highest Courts of the Republic of Armenia should give preference to the legal norm that came into force later.http://journals.rudn.ru/law/article/viewFile/25261/18912lex posteriorconflict normlex posteriorpreviously adopted lawdemocracyfreedom of generations |
| spellingShingle | Artur S. Ghambaryan THE CONFLICT RULE “LEX POSTERIOR” IN ARMENIAN LAW RUDN Journal of Law lex posterior conflict norm lex posterior previously adopted law democracy freedom of generations |
| title | THE CONFLICT RULE “LEX POSTERIOR” IN ARMENIAN LAW |
| title_full | THE CONFLICT RULE “LEX POSTERIOR” IN ARMENIAN LAW |
| title_fullStr | THE CONFLICT RULE “LEX POSTERIOR” IN ARMENIAN LAW |
| title_full_unstemmed | THE CONFLICT RULE “LEX POSTERIOR” IN ARMENIAN LAW |
| title_short | THE CONFLICT RULE “LEX POSTERIOR” IN ARMENIAN LAW |
| title_sort | conflict rule lex posterior in armenian law |
| topic | lex posterior conflict norm lex posterior previously adopted law democracy freedom of generations |
| url | http://journals.rudn.ru/law/article/viewFile/25261/18912 |
| work_keys_str_mv | AT artursghambaryan theconflictrulelexposteriorinarmenianlaw AT artursghambaryan conflictrulelexposteriorinarmenianlaw |