On the main division of law

The subject of the research is patterns of legal regulation of public relations arising in the sphere of public authority organization, on the one hand, and in all other spheres, on the other. These patterns are discussed in the dogmatic, historical and sociological aspects. The aim of the study is to substantiate the idea that the subject and method of legal regulation allows not only to delineate legal industries within the system of law, but also to unite those in the public law and private law subsystems. The objectives of the study are: (1) to outline the research methodology, including to show that the term "public" as applied to the explanation of the essence of state and legal phenomena is not understood as "social" and acquires the special meaning "political", i.e. the antithesis of "public"; (2) to justify the thesis that the public law sector regulates political relations arising in the sphere of public authority organization, which is necessary to ensure the sovereignty of the state, and the private (non-public) law sector is the regulator of diverse social relations essentially united by one negative sign: these relations are outside the sphere of public authority organization; (3) to show that methods of the public law sector limit the freedom of will of the subject in the vertical direction (in one's relationship with an unequal (power or dependent) subject), and methods of the private law sector limit the freedom of will of the subject in the horizontal direction, i.e. in one's relations with similar subjects. The methodological basis of the research is the application of philosophical, general scientific and specific scientific methods of obtaining knowledge, including formal-legal and comparative-legal ones. The following conclusions are made in the study: the subject and method of legal regulation are the criteria of dividing the law into sectors that are grouped into the public and private subsystems due to the objective conditionality of the legal matter. With regard to the study of public law as a relatively separate sector, both criteria of the systemic differentiation of law are of scientific interest. The category of legal method mainly has a cognitive value for the identification of the essence of the private law sector. The system of law in its modern form appears as double-headed pyramid: the first part of the pyramid - the public law - is headed by the constitutional law, the second part of the pyramid - the private law - by the civil law. The boundary between the public law and the private law should be distinct, simply because the transformation of the private sector into the public law is always a new limitation of the freedom of people, the absorption of their interests by the aspirations of the political power, which cannot be arbitrary in a legal state.

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