The Specific Features of the Private Law Regime for the Regulation of Social Relations
Authors: Ірина Олександрівна Соколова
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Modern history of Ukraine could be characterized by carrying out the continuous reform of state institutions, aimed at defining and distinguishing the powers of public authorities, i. e. the majority of the powers is being transferred from central bodies to the self-government or other entities. Likewise decentralization of power promotes democracy building due to expanding the impact of local communities, social groups and the public in general on the matters of public importance. It’s also possible to note the simplification of permit procedures up to complete rejection of licensing in specific spheres, which results in deregulation of public relations, which is of great significance and makes quite important impact on the private sphere and private law modes.
The objective definition of dividing law into public and private, determined by the existence of civil society (the commonwealth of citizens, bearing private interests) next to the public authorities, brings relevance to the problem of private law general characteristics. Although the discussions around the correlation between public and private law circle continuously in modern legal research, these are aimed at looking for the core meaning of the indicated phenomena, not at questioning the necessity for the existence of private law.
The private law institute is an essential prerequisite for establishing the framework of public interference in the scope of individual material and other interests, setting the efficient legal instruments for human rights and interests protection in order to avoid the replacement of civil legal instruments of protection with the administrative legal ones. The main issues of private law are free law subjects, not bound by any coercion in reasoning their acts and deeds, which at the same time need relevant and appropriate legal order. As a result, individuals are entitled to state independently their interests and realize them in the legal framework.
An issue of great complexity is which branches of law (considering system of law as a whole) belong to the public law, and which ones – to the private. E. g., constitutional, administrative, criminal, international public law belong to the public, whilst civil, family, labor, international private law refer to the private law. Nevertheless, among these branches there are the basic ones, which constitute the core for the rest: in public law these are constitutional and administrative, and in private – civil law. In addition, it’s worth mentioning that there are complex branches of law, which are based both on public and private legal instruments, and by these means enter the common structure of law as a secondary structure. Thereby, the principal branch of private law is civil law, which gains significance and impact by the growth of free market relations.
Therefore, private law is a legally specific section of law, and the relevant regime for regulating the indicated social relations is set by the corresponding legal instruments within its framework. In fact, private law creates an allegedly isolated from the state authorities area of liberty, where private persons are the decision makers for their propriety issues (the public interference in this scope, except for the cases, foreseen by law or the decision of court, is prohibited). At the same time, public authorities shall not only admit, but protect the activities of private individuals.