Article title On the Convergence of Public and Private in Civil Law
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 1/2014
Сторінки [232-239]
Annotation The article deals with finding ways of convergence of private and public interests as one of the main tasks of civil legal policy, and the formation of legal models preventing abuses by the state in cases of its participation in private legal relations. The author substantiates the priority (dominance) of private interests within civil law. Cases of interpenetration of public and private elements in certain areas of legal regulation are analyzed in the article. Investigated are the cases of participation of public subjects in private relationships and the effects of such participation. Additionally the inefficiency of public legal regulation of commodity-money relations is argued. At the same time the attention is focused on the fact that the state can not lose control in situations that really need it.
Keywords civil legal policy, private interests, public interests, convergence of private and public interests.
References