The Hierarchy and Competition of Principles of Law: Methodological Problems

The relevance of the research topic is determined by the presence of a wide range of scientific literature devoted to the principles of law, but at the same time the lack of study of the interrelated problems of their hierarchy and competition.  The purpose of the study is to formulate a system of the principles of law, establishing their hierarchy/non-hierarchy in the national legal system. Research methods: hermeneutic method, method of formal legal analysis. Results: it is substantiated that the problems of hierarchy and competition of the principles of law must not be considered abstractly, but in the context of specific types of legal understanding. What exactly is considered to be principles of law, their essence and role in legal regulation determines how the problems of hierarchy and competition of principles of law are solved. Moreover, within the framework of one type of legal understanding, scientists can see different ways to solve them (e.g. R. Dvorkin and A.V. Konovalov). Based on the positivist legal understanding, the existence of a two-level system of principles of law is substantiated, including 1) constitutional principles of law and 2) sectoral principles of law, enshrined only in sectoral legislation. The principles of the second level have less legal force compared to constitutional principles, but there is no internal hierarchy between the principles of the same level. The principles of law can compete with each other, but this competition does not and cannot have a systemic nature – it is casuistic and arises when considering specific cases. Depending on the circumstances of the case, in some cases the court may give priority to one principle, in others – to others. A contentious situation in the case of competition of principles of the same level can only be resolved by the law enforcer based on the circumstances of a particular case. In all cases of competition between the principles of law of the same level, the criterion of truth is law enforcement practice.