Баланс публичного и частного в договорных правоотношениях

Abstract

Relevance: the issues of the study of the legal regulation of the balance of public and private interests in contractual legal relations remain relevant, where at the present stage of the development of the doctrine of civil law, the resolution of such a balance problem is theoretically and practically necessary, which is confirmed by many scientific papers and dissertations. The purpose of the paper is to solve the problem of achieving such a balance by considering the public interest in contractual regulation not only as a subject of integration into private relations but also as an object of integration of private interest into it, the problem of determining the limit of integration of the public into a commercial contract. Methods: in the paper, the author uses comparative, formal-legal, and functional research methods. The novelty of the approach is due to the fact that it differs from the proposed concepts by considering the issue of achieving a balance of public and private interests arising from contractual legal relations by achieving a balance, in the author’s subjective opinion, through the reference points of intersection of public and private interests, through their vectors and tasks. The results presented in the paper will allow comprehending the legal regulation of contractual legal relations, where the definition of the balance of public and private interests is determined, will allow solving practical problems and developing mechanisms for protecting the parties in a commercial contract. The conclusions of the study have shown that it is possible to determine the limits of the integration of public interest in contractual legal relations only from the point of view of the integrative type of legal understanding.