Collision in land legislation, as a source of operational legislation: in the example of the republic of Tajikistan

Abstract

This work is devoted to a comparative legal analysis of Articles 26 and 29 of the Land Code of the Republic of Tajikistan for the presence of conflicts between the content of their norms. The relevance of the chosen topic is caused by: a) a conflict in law is expressed as a defect that needs to be promptly corrected; b) competencies between central and local public authorities should be clearly delineated and not duplicate each other; c) from the point of view of legal theory and practice, the existence of conflicts in the system of law is unacceptable. The task of the work is to develop a draft law on amending Article 26 of the Land Code of the Republic of Tajikistan. The work uses an organic approach, which will allow us to consider law as a living organism. Based on the results of the study, it was revealed that there is a legal conflict between Articles 26 and 29 of the Land Code of the Republic of Tajikistan. The authors have developed a draft law “On Amending Article 26 of the Land Code of the Republic of Tajikistan”, which can be recognized as the result of the work.