Public Law and Its Structure: Tendencies of the Development within Modern Conditions
Journal Title: Recht der Osteuropäischen Staaten - Year 2018, Vol 3, Issue
Abstract
The author of the article has studied the tendencies of development and modern view of public law and its structure in Ukraine. Nowadays the problems of conceptual and methodological nature, common to the fields of theory and practice, are of great importance. The only mean of seeking and introducing modern mechanisms for the organization and management of social processes into modern Ukrainian society conditions at the present time is the scientific cognition of public law development. Various approaches to understanding public law, its structure and content are of great importance within this framework. The tasks of legal science is both to understand the content of the whole and parts of the whole of public law, and also to understand the possibilities of their application in the construction of the rule of law state and the legal system of Ukraine. A number of legal relations within the conditions of modern development of state and law becomes the subject matter of legal regulation of public law and belongs to its exclusive sphere, because it mainly covers legal relations of power nature. The other part of legal relations is an adjacent one, which also penetrates the branches of private law. The essence of penetration is definitely uneven in various areas of social relations. Currently, a number of objects of public and legal regulation has shifted in the sphere of private and legal regulation. This is applied, in particular, to the activities of enterprises and other economic entities, where the zone of administrative management and regulation is narrowed; open space for the institutions of civil society: parties, public organizations, movements, business entities; expansion of the areas of the manifestation of human freedom and strengthening of guarantees of human rights and the rights of citizens, etc. The author of the article supports the position of those scholars, who believe that the main feature of public law is the fact that its norms regulate relations, where one party is a public authority or a local self-government agency acting on and for the purpose of carrying out public tasks and functions, aimed at satisfying the public interest. Thus, we can achieve one common goal with the help of public law norms, which is manifested both in the functions of the state in the whole and in the fulfillment of the tasks facing by a certain branch of public law – constitutional, administrative, financial law.
Authors and Affiliations
Людмила Миколаївна Чуприна
Keywords
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