Legal Support of Private Interest

Abstract

There is no single point of view in legal science regarding the criteria for distinguishing public and private law. Moreover, there is no theory that would be recognized by most researchers. The reason lies in the fact that scientists in their works analyze public and private law in various aspects, in this regard, they identify such criteria of differentiation that cannot be universal.The paper considers public and private law from the standpoint of instrumental theory and define it as a system of legal means designed to satisfy public or private interests, respectively. The undoubted advantage of this theory is that it is not focused on the search for universal criteria for distinguishing public law from private law, but suggests focusing on legal means aimed at creating the conditions necessary to meet the diverse legal interests of legal subjects. It is proved that public and private law are an integral part of legal support. Legal support, depending on the purpose (the type of interest being satisfied — public or private), is proposed to be divided into two types: public law and private law. It is established that support of interests in private law differs from that one in public law in the following. It allows for the possibility of choosing or changing behaviors provided for by regulatory legal means through the manifestation of legal initiative on the part of legal entities, and the form of implementation of such an initiative is self-regulation. Legal relations on the implementation of legal means arising within the framework of private law enforcement of interests arise between legally equal subjects. Private law support of interests is designed to mediate such a type of activity as legal (legal realization) activity. Private law support of interests is characterized by such a type of legal regulation as permissive.