Article | «Over-Publicing» of Private Law: Est Modus in Rebus |
---|---|
Authors |
Stefanchuk R.
|
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 12 / 2016 |
Pages | 99 - 105 |
Annotation | The article is devoted to excessive public law influence on a private law sphere. The main ways that contribute to the process of «over-publicing» of private law are disclosed: a) the undue dominance of public law in private law; b) reducing or leveling responsibilities of the state and other public entities in the sphere of private law; c) copying of public legal mechanisms of regulation of social relations on private relationships; d) the presence of «legal debt», which can cause interference in the realization of private interests. As a result of the conclusion of the need to rethink the principles of legal policy legal policy that would ensure balance public and private interests. |
Keywords | private law, public law, the balance in law, «over-publicing» of private law, legal policy. |
References | |
Electronic version | Download |