Public law is ... Private law. Public law regulates

The rule of law isthe corresponding structure with constitutional rule, and with the prevalence of legality in all life spheres. Here, too, the legislative, executive and judicial branches are divided. In this case, we see a developed legal system with broad democratic directions, equality. Also included here is improved social policy control. The creation of this state system is a long process.

Differentiation

For the given state separation is characteristicpower to two large relevant branches. This is a public and private right. This is not unimportant. If we talk about public law, then in no case can it be separated from private law. This is due to the fact that, despite the apparent differences, these two sectors have a very close relationship. In order to understand what exactly each branch represents individually, it is necessary to give a clear definition to the terms. More on this in more detail.

Initially, consider private law

The characteristics characteristic of this definition -it is primarily decentralized regulation through institutions, industries and relevant norms. Their main function is to adjust the relations between the associations. It should be noted, and one more feature. It consists in the method of regulating the relationships within this branch between the subjects. In this case, we are talking about the civil-law method. The main basis for this industry is the protection of the interests of persons who arise in relationships with other personalities. In this case, the subject himself makes an appropriate decision regarding the need to use his rights. For example, decides whether to conclude any contract with those or other persons.

Now let's take a closer look at public law

This definition is also important. Public law is:

• First, a certain block, based onwhich creates an area where the relevant interests are realized. Namely - the relationship between individual public authorities, as well as between the latter and individuals. This includes associations of individual subjects.
• Secondly, public law is regulationlegal relationship between the parties solely from a single center. This is an important fact. Given that one of these parties is an official authorized by the country or representatives of the government.
• And thirdly, public law is the imperative of legal norms. They originate from hierarchical sources.

In general, the regulation of the relationship betweensubjects of public law is realized by means of permissive methods, as well as the will of the authorities. They are also participants in this kind of relationship. It is these aspects that are included by lawyers in the concept of public law.

Tip

It is necessary to pay attention to one feature. It consists in the fact that the subjects of public law are necessarily the state - on the one hand, and private individuals - on the other hand. This is important to know. But the subjects of private law are mostly individuals.

Interconnection

Now consider the relationship between theseterms. Public law regulates the work of bodies that directly represent state power. These are law enforcement agencies, courts, etc. The parliament also belongs to public law. Accordingly, the existence and the fruitful functioning of private law can not be imagined without a close relationship with the public. This is a reliable fact. After all, the main task of public law is the protection and protection of the private. In addition, in this case, it should be noted one more nuance. It consists in the fact that in its implementation, private law always relies on the public. This is due to the fact that it is specifically the task assigned to realize the rights of a free individual. That is, the subject of these relations produces the realization of those powers with which he is endowed in any direction that is acceptable to the law. The main function of private law is the distribution and fixation of both material and other benefits. This is not unimportant. The norms of public law, as mentioned above, are completely different.

Signs of distinction

Having dealt with the definitions, proceed to the next question. These are the main criteria by which these or other norms can be attributed to one or another legal branch. Let us consider this point in more detail.

In general, the criteria that define the privateright, are completely the opposite of those that will be described and discussed in this text below, and also directly related to the public direction. This is understandable. Experts attribute the main features of private law to the preservation of classical legal techniques. If we talk about the form of regulation of the relevant relationship, then in this case it is most often used in a contractual relationship. It should be noted that for this branch the predominance of dispositive norms is characteristic. And the main emphasis in this case is on free expression of will, economic freedom, as well as protection of owners.

So, we move on to another definition. Public law includes the function of regulating the corresponding relationships on the basis of legislative acts. They are issued directly by the state power. In addition, we can say that to public law are and such signs as the provision of relevant interests, the general and impersonal content of certain norms. Their impact is related to the normative-orientational nature. However, norms that have a directive-mandatory definition prevail in these relations. They are designed for a hierarchical pattern of relationships between relevant actors. Also on this list, competent lawyers include securing public interests. To this end, accents are usually made on the duties and prohibitions, as well as on the sphere of discretion. In addition to public law, there is also such a feature as the wide and many-sided use of the newest techniques.

We differentiate according to the basic aspects

If we consider the criteria according to which these norms can be attributed either to one or to another kind, we get approximately the following picture. We will divide them into the following aspects:

- Subjects. Public law is a relationship between public authorities / the state and individuals. You need to know. Private law is a relationship only between private individuals.

- The subject to which appropriate regulation is directed. For public law, this is non-property relations, for private law - property relations.

- Interests. For public law, this is a public interest, for the private - "tied" to the relevant area.

- Methods of regulation. The public law is characterized by a method based on subordination. In the private, on the contrary, the method of coordination.

Example

Systematizing the above information,you come to the appropriate conclusion. It consists in the fact that all branches of law without exception can be divided into two categories. The first are those norms in which public law prevails. The second characterizes the presence of private aspects.

Consider this division by examplebusiness law. In fact, it is a system of norms created to regulate commodity-money (or property) relations, as well as managerial relationships. This way of management interrelations is imperative (while the method of regulating commodity-money relations is aimed at the actual equality of parties to such relationships, which are entrepreneurs, and otherwise it is called dispositive). The imperative method provides for the existence of mandatory regulatory and legal acts. They have a managerial nature and extend their action equally to both entrepreneurs and relevant bodies.

The availability of these definitions in the procedural branches

Here everything is quite simple. If we talk about the procedural branches of law (for example, civil, criminal), then these rules are also characterized by the presence of the above two methods. Usually it happens that either the imperative or dispositive method is expressed to a greater extent.

The result

In conclusion, we should add that there is nonormative legal norms in a pure form, which can be unequivocally attributed to this or that specified branch. Elements of public law may be present in the private sectors. It can also be vice versa. For example, the public right of the family law branch is present in the form of the following elements: this is the judicial procedure for divorce, and the procedure for collecting alimony. Also in this case one more component is seen. It consists in the procedure for the deprivation of parental rights.

Another vivid example is the public law of the industrythe law governing land legal relations. Here everything is very clear. For example, the order of land management, seizure, as well as the withdrawal of territories, is determined exclusively by the state. And even a partial change in the approved plan is unacceptable. Thus, on the basis of the above examples, it is quite simple to trace a clear interrelation and a peculiar symbiosis between the right of the public and the private.