Применение частноправовых конструкций в публичных правоотношениях

The article uses examples from judicial practice to demonstrate, firstly, the use by authorities of private law structures in public relations. This technique, used to overcome gaps in the law, on the contrary, leads to legal uncertainty, since it creates new conditions for the implementation of rights and obligations for private entities. Secondly, the refusal to follow the material structures established by private law and the priority application of the formal rules of public law, which imposes new obligations or prohibitions on private subjects. The absence of a single legal and technical basis for such facts of application of the law, contrary to the fundamental provisions of Art. 2 and 18 of the Constitution of the Russian Federation, leads to opportunistic law enforcement and an imbalance of interests of private and public subjects in public legal relations.