Raskotikov, I.S. Civil legislation as an instrument for the protection of public and private interests

Abstract: The object of studies in this article includes protection of public and private interests in civil law. The author studies the new provisions of the Civil Code of the Russian Federation, which are devoted to the development of the principle of reasonableness and good faith in the activities of subjects of civil law and prohibition of evasion of law. For the first time the norms of Russian and international private law (conflict of laws norms) are analyzed from the standpoint of protection of public interests. In this study the author used the method of systemic analysis, method of formal logic, as well as the method of comparative legal studies. The public law elements in the civil law turnover can be seen for example in the civil law limitations. The norms of the Civil Code of the Russian Federation and other acts of civil legislation allow one to single out the main types of institutional legal limitations to the participants of private law relations: the legal personality of participants of private law relations, turnover capability of the objects of private law relations; proprietary titles of the participants of private law relations to acquire property objects belonging exclusively to municipal and state property and using them; rights to the objects of national value, termination of the proprietary right by forceful seizure of its objects; freedom of contract by establishing the prohibition to conclude a certain type of contracts; an obligation to include certain conditions, contracts, forced termination of contracts; limitations to the entrepreneurial activity by prohibitions in the sphere of competition limitation and abuse of dominant position, et. All of the above, and many other matters show that in all of the above-mentioned spheres the civil legislation should guarantee the balance of public and private interests. This matter requires a balanced approach towards development and application of normative legal acts. There is need for a systematic analysis of public law influence on private law relations, as well as for the improvement of legal mechanisms guaranteeing efficient legal regulation.

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