INTERCONNECTION OF PUBLIC AND PRIVATE LAW

ABSTRACT

This article explores the interconnection between public and private law, highlighting the ways in which these two branches of law intersect and influence each other. The author delves into the complexities of navigating the boundaries between public and private law, shedding light on the implications of their interplay for legal systems and society as a whole. Through a comprehensive analysis, the article aims to deepen the understanding of the relationship between public and private law and its significance in contemporary legal practice.

Keywords: public law, private law, interconnection, legal systems, society, legal practice

Introduction: The relationship between public and private law is a fundamental aspect of legal systems worldwide, shaping the framework within which rights and obligations are defined and enforced.

The interconnection of public and private law plays a crucial role in governing various aspects of societal interactions, from individual rights and responsibilities to government regulations and corporate governance.

 This article delves into the intricate web of connections between public and private law, exploring how these two branches of law interact, overlap, and influence each other. By examining the interplay between public and private law, we can gain a deeper insight into the complexities of modern legal systems and the implications of their interconnection for individuals, businesses, and governments alike.

Public law, like private law, has been in the process of dynamic development in recent years, since the dialectic of private and public law contains the fundamental and key question of the theory of civil society and the rule of law: the relationship between the rights and responsibilities of the individual and the state.

The relationship and interaction of private law with public law, for example, in a conflict of both private and public interests, does not lose its relevance.

Private law is an orderly body of legal norms that protects and regulates relations between private individuals. Public law differs from private law in that it regulates power relations arising in the sphere of activity of government and management bodies.

The main area of ​​regulation of private law is property and personal non-property relations between subjects of legal relations.

At the same time, the subjects are characterized by equality; their activities are not of a public nature. The subject of Russian private law is a system of norms that regulates this area of ​​legal relations. It is characterized by freedom and private initiative, which is manifested in the very specifics of legal relations regulated by current legislation. The legal framework that governs certain legal relations depends on their type.

Public law is a set of legal branches that regulate legal relations related to ensuring public national interests, the parties of which are in a system of relations of power and subordination, that is, they have unequal legal status.

Publicity as a concept, from the Latin word “public” - public, public, open, carries a capacious content.

The term “public law” has obvious historical stability and continuity, and also reflects the degree of content that is inherent in this phenomenon. In the legal sense, it denotes legal understanding, distinguished by a special idea of ​​law. This is not a sum of acts or norms, it is a holistic legal understanding of the specifics of law in a socially significant area, i.e. in the area on which the existence, functioning and development of society, the state, and organized groups, corporations, associations, and citizens depend.

Public law is associated with the exercise of state power and regulates the so-called vertical relations - relations between

the state, its bodies, on the one hand, and citizens and other subjects of law, on the other.

Public law characterizes the predominant use of the public law method of legal regulation, expressed in the imperative influence of power used in the process of regulating relations in the public sphere.

The question of the relationship between private and public law has both theoretical and practical significance. As noted by Yu.A. Tikhomirov, “over the last decade and a half, the confrontation between public and private law has revived.” O.S. Ioffe, in turn, also noted: “After the legalization of the categories of private and public law in their opposition to the latest codification of the civil legislation of Russia and some other states formed as a result of the collapse of the USSR, the corresponding literary coverage and scientific research unfolded with extraordinary force.”

As noted in the theory, the dualism of private and public law initially contains contradictions. Firstly, law as a regulator of social relations is designed to reflect and protect simultaneously all interests, both private and public.

Secondly, although public interest is realized in public relations, its participants one way or another realize and satisfy their own interests.

For example, in accordance with Art. 45 of the Tax Code of the Russian Federation1 the taxpayer is obliged to pay taxes. This responsibility is, of course, public in nature. Meanwhile, the taxpayer is characterized by reluctance to pay taxes and the desire to minimize their amount.

The Constitutional Court of the Russian Federation, analyzing this situation, recognized as lawful “the actions of the taxpayer, which consist in using the rights granted to the taxpayer by law related to legal exemption from paying taxes

or with the choice of the most profitable forms of entrepreneurial activity for him and, accordingly, the optimal type of payment"

Thirdly, individual freedom and interests cannot be unlimited. It is known, for example, that any entrepreneur is interested in maximum profit. But if it is achieved through unlawful means, by limiting competition, or by violating the integrity of the natural environment, then restrictions on such interest must be inevitable.

The interconnection between public and private law is a fundamental aspect of the legal system that governs society. Public law focuses on the relationship between individuals and the government, while private law deals with the relationships between individuals and other private entities. Despite their distinct areas of focus, these two branches of law are closely intertwined and often intersect in various ways.

One of the key connections between public and private law is through the concept of rights and obligations. Public law establishes the framework within which individuals interact with the state, defining the rights and responsibilities of both citizens and government authorities. Private law, on the other hand, governs the relationships between individuals and provides a legal framework for resolving disputes related to contracts, property, torts, and other civil matters.

Another important aspect of the interconnection between public and private law is the role of administrative agencies.

These agencies are created by legislation to carry out specific functions on behalf of the government, such as regulating industries, enforcing laws, or providing public services. Administrative law governs how these agencies operate and interact with individuals and businesses in both public and private spheres.

Furthermore, public policy considerations often influence both public and private law.

Laws enacted by government bodies reflect societal values and priorities, shaping how individuals conduct themselves in public and private settings. For example, regulations aimed at protecting consumers or promoting environmental sustainability can have a significant impact on businesses operating in the private sector.

In addition to these connections, legal principles established in one branch of law can also inform decision-making in another branch. For instance, constitutional principles related to due process or equal protection may be applied in private disputes involving individual rights or discrimination claims.

Overall, the interconnection between public and private law is essential for maintaining a fair and orderly legal system that serves the interests of society as a whole. By recognizing the ways in which these two branches of law intersect and influence each other, we can better understand how our legal system operates and evolves to meet changing societal needs.

References:

1. Statute of the International Court of Justice;
2. Monetary Gold Removed from Rome in 1943 (Preliminary Question) (1954) ICJ Rep 19;
3. Larsen/Hawaiian Kingdom Arbitration, 119 ILR (2001);
4. Western Sahara (Advisory Opinion) (1975) ICJ Rep 12;
5. The M/V "Norstar" ITLOS Rep 10 (2018–2019);
6. East Timor (Preliminary Objections) (1995) ICJ Rep 90;
7. Zachary Mollengarden & Noam Zamir “The Monetary Gold Principle: Back To Basics” 115 American JIL 1;
8. Barcelona Traction, Light and Power Company, Ltd (Second Phase) (1970) ICJ Rep 3 (Separate Opninion, Judge Armand-Ugon)