Thoughts about private law in modern Russia

For scientific purposes the issue of interrelation forms of private law in the objective sense and private law science is, in fact, a pressing one. Numerous publications of civil law scholars in which the problems of returning the phenomenon of private law to the domestic legislation are reflected, though with an understandable vigilance, support the above opinion. In fact, the leading experts in 2010-2011 [1] announced the range of urgent problems of private law. Nowadays, the section "Problems of the (Civil) Law" is in the first place in the "The Bulletin of Civil Law". A general impression of the emerged information is of a double sort. On the one hand, enthusiastic and skilled authors still cover the corresponding problems as though there is no private law nearby (i.e. in our legislation). On the other hand, in those few articles where an object of research is the private law indeed, some essentially important, well reasoned details are analyzed but no more than that. Many years have passed already, but there is no theory of private law "produced" in Russia yet. The authors of bills are contradictory in estimates of degree of readiness of private law, their typical judgments being: "it was created quickly, almost at lightning speed", "no, we are at the very beginning of our way". Nowadays, private law and public law are sometimes called "super branches". Moreover, without any special substantiation they call them "the system of branches", or just identify them with civil law. Anyway, an initial issue about the concept of private law as a system of norms governing certain public relations, and about its place in the system of legislation still needs resolving. Both law enforcement officials and representatives of other branches of the Russian legal science raise the same range of issues but articulate them in different ways. Besides the issues about the concept of private law, lawyers are interested in its structure, criteria for selection of branches into the system of private law and in the influence of private-law norms on public branches. The problems of a conceptual framework, the supremacy of private law concepts, etc. have obviously become the practical ones.

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