Problematic Issues Of The Conceptual Representation Of The Relation Of Public And Private Law

  • V.V. Andriiuk
Keywords: public law, private law, interconnection, correlation, interaction, legal dichotomy, legal dualism, legal convergence.

Abstract

In the article the author tries to focus on the problems of conceptually reflecting the relation of public and private law in the context of their interaction.

At the same time, the author attempted to analyze the existing terminology, which expresses the relation of public and private law in the national legal system.

The modern thesaurus of the relation between public and private law covers a whole range of terms, among which the most common are «dichotomy», «dualism», «convergence», «diffusion», «synergy», «interaction», «mutual influence», «mutual penetration», «integration».

The author concludes that the relation of public and private law includes static and dynamic aspects. The static aspect of the relation of public and private law implies their normative-institutional separation (distribution), which does not have all the signs of dichotomy or dualism in their strict understanding, because of the conventionality of the boundary between the specified subsystems of law and the existence of complex mechanisms of interaction between them, as a result of which the terms «dichotomy of law «And» dualism of law «can be used with appropriate reservations only because of the traditions that have developed in the jurisprudence. The dynamic aspect of the relation of public and private law characterizes the active changes, interaction, mutual interaction of public and private law through the mechanism of mutual rapprochement and penetration of their elements and tools, resulting in deep interconnection between these structural functional subsystems of law, which makes it possible to recognize the most adequate for the reflection of these phenomena the term «convergence», as well as the abandonment of synonymous to it in a certain context and not quite relevant terms «diffusion», «and integration», «synergy».

Published
2020-01-19