THE GENERAL THEORETICAL ASPECTS OF THE DIVISION OF LAW INTO PUBLIC AND PRIVATE IN NATIONAL AND FOREIGN LEGAL DOCTRINES

Abstract

The article highlights aspects of understanding public and private law, and the theories of dividing law into public and private in national and foreign legal doctrines. The existence of different points of view regarding this division depends on different methodological approaches to understanding law. It has been determined that demarcation between public law and private law is a difficult and controversial question in foreign legal doctrines of continental law. But this is practically necessary when choosing the law ways for resolution of legal disputes. Based on the general theoretical aspects of the division of law into public and private we have coped to identify and characterize its criteria. In particular, such criteria are as follows: criterion of interests, subordination of a subject of law to another subject of authority, subject and method of legal regulation of social relations, powers, criterion of sanction, and functional criterion. It has also been determined that the division of law into public and private has theoretical and practical value. In theoretical aspects, such a division shows principles of law, its place, and critical values in a society. The practical value of such a division is visible in the way law affects various areas of legal practice, finding its use in the law-making process, enforcement, law enforcement, and law interpretation legal activity.