Особливості приватноправового режиму правового регулювання суспільних відносин
The Specific Features of the Private Law Regime for the Regulation of Social Relations

Summary/Abstract: Modern history of Ukraine could be characterized by carrying out the continuous reform of stateinstitutions, aimed at defining and distinguishing the powers of public authorities, i. e. the majority ofthe powers is being transferred from central bodies to the self-government or other entities. Likewisedecentralization of power promotes democracy building due to expanding the impact of local communities,social groups and the public in general on the matters of public importance. It’s also possible to note thesimplification of permit procedures up to complete rejection of licensing in specific spheres, which resultsin deregulation of public relations, which is of great significance and makes quite important impact on theprivate sphere and private law modes.The objective definition of dividing law into public and private, determined by the existence of civilsociety (the commonwealth of citizens, bearing private interests) next to the public authorities, bringsrelevance to the problem of private law general characteristics. Although the discussions around thecorrelation between public and private law circle continuously in modern legal research, these are aimedat looking for the core meaning of the indicated phenomena, not at questioning the necessity for theexistence of private law.The private law institute is an essential prerequisite for establishing the framework of publicinterference in the scope of individual material and other interests, setting the efficient legal instrumentsfor human rights and interests protection in order to avoid the replacement of civil legal instrumentsof protection with the administrative legal ones. The main issues of private law are free law subjects,not bound by any coercion in reasoning their acts and deeds, which at the same time need relevant andappropriate legal order. As a result, individuals are entitled to state independently their interests andrealize them in the legal framework.An issue of great complexity is which branches of law (considering system of law as a whole)belong to the public law, and which ones – to the private. E. g., constitutional, administrative, criminal,international public law belong to the public, whilst civil, family, labor, international private law referto the private law. Nevertheless, among these branches there are the basic ones, which constitute thecore for the rest: in public law these are constitutional and administrative, and in private – civil law. Inaddition, it’s worth mentioning that there are complex branches of law, which are based both on publicand private legal instruments, and by these means enter the common structure of law as a secondarystructure. Thereby, the principal branch of private law is civil law, which gains significance and impact bythe growth of free market relations.Therefore, private law is a legally specific section of law, and the relevant regime for regulatingthe indicated social relations is set by the corresponding legal instruments within its framework. In fact,private law creates an allegedly isolated from the state authorities area of liberty, where private personsare the decision makers for their propriety issues (the public interference in this scope, except for thecases, foreseen by law or the decision of court, is prohibited). At the same time, public authorities shall notonly admit, but protect the activities of private individuals.

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