CONFLICTS BETWEEN GENERAL AND SPECIAL CIVIL PROCEDURAL RULES AS A PREREQUISITE FOR IMPROVING THE SYSTEM OF CIVIL PROCEDURAL LAW

Modern law enforcement practice indicates that the legislator has not formulated an idea about how to resolve conflicts between civil procedural rules contained in various sources. In practice, this inevitably leads to difficulties in determining which of these rules has priority, as well as to the question about the relationship between these rules as general and special ones. Extensive theoretical studies of both the Soviet and post-Soviet periods do not solve this problem. Among scholars, there is no mutual understanding of how to develop the legislation in order to overcome conflicts between various civil procedural rules. The author concludes that the existence of conflicts indicates the low level of development of the system of civil procedure. Therefore, the first step towards reducing conflicts is not only to develop a mechanism for resolving them but also to determine a vital factor in the formation of the system of civil procedural law. It is proved that one of the reasons for the existence of conflicts is the uncertainty of the subject of civil procedural law that leads to placement of civil procedural rules in various sources of legislation.