Роль частного и публичного права в строении права

Abstract

The Authors of the article argue that private and public law, along with the principles of law, are elements of the structure of law and are present in every legal system. The Authors propose an integrated approach to the distinction between private and public law and pay attention to the nature and significance of such a distinction. The article discusses the interrelation of the dualistic division of law and the division of law into branches, into separate norms. The paper emphasizes that the division of law into private and public is universal and does not directly depend on any type (kind) of law. At the same time, the quality of separate norms and institutions of law, private and public law in general, should be assessed according to their compliance with the general principles of law. Besides, the article elucidates and assesses the main approaches to the dichotomy of law, to understand private and public law, to highlight the criteria for their differentiation. Special attention is paid to the critical assessment of the method of legal regulation, the composition of participants in legal relations, and legal culture.