TRUST IN PUBLIC AND PRIVATE LAW: COMPARATIVE CHARACTERISTICS
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 2
, 2024
Rubrics: STATE. SOCIETY. LAW
Authors:
1.
MosU of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot
(Department of Theory of State and Law, Lecturer)
from 01.01.2024 to 01.01.2025
Russian Federation
from 01.01.2024 to 01.01.2025
Russian Federation
Type:
Article
Pages:
from
to
Status:
Published
Received:
08.05.2024
Accepted:
08.07.2024
Published:
08.07.2024
Language:
Russian
Keywords:
trust, private law, public law, comparative characteristics, subjects of law, power, authority, authority.
Abstract (English):
Introduction. The topic under consideration is relevant in the context of the search and cultivation of the most successful mechanisms and means of maintaining and developing the current law. Private and public interests are often closely intertwined. An examination of the manifestations of trust in public and private law in their interrelation is presented. Research methods: dialectical, comparative legal, formal logical, systemic. Results: the author came to the conclusion that, both within the framework of public and private law interaction, the formation of trust is an intermediate goal, the achievement of which allows constructive interaction in the field of legal space. The formation of the necessary socio-economic conditions, together with the need for legal entities to cooperate, determines the expression of trust. It is also emphasized that in the field of public law, trust in law depends on trust in government entities. Lack of trust does not mean that the law is ineffective. In such a situation, effectiveness can be achieved through the implementation of coercive measures. But this will equally mean a decrease in the degree of recognition of the right by society. The importance of trust for the effectiveness of private law is higher than for public law due to the equality of subjects of interaction and a greater degree of freedom of participants in legal relations.
Introduction. The topic under consideration is relevant in the context of the search and cultivation of the most successful mechanisms and means of maintaining and developing the current law. Private and public interests are often closely intertwined. An examination of the manifestations of trust in public and private law in their interrelation is presented. Research methods: dialectical, comparative legal, formal logical, systemic. Results: the author came to the conclusion that, both within the framework of public and private law interaction, the formation of trust is an intermediate goal, the achievement of which allows constructive interaction in the field of legal space. The formation of the necessary socio-economic conditions, together with the need for legal entities to cooperate, determines the expression of trust. It is also emphasized that in the field of public law, trust in law depends on trust in government entities. Lack of trust does not mean that the law is ineffective. In such a situation, effectiveness can be achieved through the implementation of coercive measures. But this will equally mean a decrease in the degree of recognition of the right by society. The importance of trust for the effectiveness of private law is higher than for public law due to the equality of subjects of interaction and a greater degree of freedom of participants in legal relations.
Keywords:
trust, private law, public law, comparative characteristics, subjects of law, power, authority, authority.
trust, private law, public law, comparative characteristics, subjects of law, power, authority, authority.
