Public and private law: problems of correlation of interests at the present stage
Автор: Aznagulova G.M., Cheremisinova M.E., Motova E.A.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Публично-правовые (государственно-правовые) науки
Статья в выпуске: 3 т.24, 2024 года.
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The question of the relationship between public and private law is the subject of many scientific and legal studies. This issue is of particular relevance due to its relationship with the category of interest, which is a criterion for dividing law into private and public, which has become stable in legal science due to the need to develop systematic approaches to law and legislation. The purpose of the study is to search for a theoretical justification of the relationship between public and private law, which can serve as a consistent design of legal norms taking into account the interests of the maximum number of subjects of law. This, in turn, will contribute to the development of balanced legal mechanisms for regulating public relations, the wider use of stimulating forms of legal regulation, the development of new ways of legal influence on public relations and at the same time the preservation of legal values, the identification of factors of effective interaction between personal and public in public life. The specificity of the research lies in understanding the possible directions of transformation of public and private law, the criteria of division into public and private, which affects the formation of the legal system in its philosophical, theoretical and instrumental meaning. The analysis of classical works devoted to interests in law, carried out in the research, provides an additional justification for the importance of the category of interest in the evolutionary development of law and legislation. This topic has prospects for development in the context of modern problems of the theory of law and state, including those related to the processes of digitalization, integration and regionalization, in which the underestimation of interests in the introduction and use of legal mechanisms can become a serious obstacle to obtaining a positive result.
State and law, interests in law, public law, private law, legal system, methods of legal regulation
Короткий адрес: https://sciup.org/147244614
IDR: 147244614 | DOI: 10.14529/law240312