Dichotomy and Convergence of the Public and the Private in Legal Personality of an Autonomous Institution

Abstract

Theoretical ideas about the balance between private law and public law in the activities of autonomous institutions today are not obvious, which often generates biased scientific judgments on many relevant issues. In the doctrine, the issue concerning the search for the optimal balance between public and private legal aspects and their correlation in relation to autonomous institutions has not actually been raised and has not been resolved. The ability to independently provide property for their current activities through participation in civil law relations, as a rule, is studied separately from the norms of public law, creating an unmistakable scientific idea of the exclusively civilistic content of the normative rules that determine the legal personality of autonomous institutions. The author addresses the problem of dualism in determining their status, making a theoretical attempt to coordinate public and private law in this area.In the course of the study, the author demonstrates systemic interweaving of private and public principles when analyzing the status of autonomous institutions. At the same time, there is a lack of well-established theoretical guidelines for the study of relations in which the analyzed entities participate. This, according to the author, is the main reason for the negative nature of scientific research in recent years devoted to the study of such a subject of legal relations.At the same time, realizing that the purpose of any research is to detect advanced and progressive problems, the author sees it necessary to take into account the dichotomy and convergence of the provisions of public and private law in the subsequent analysis and study of such a subject of legal relations as an autonomous institution.