Рыбаков О.Ю., Лядащева-Ильичёва М.Н., Желдыбина Т.А. Частное и публичное право в России XIX – начале XX веков (историко-теоретический аспект)

Аннотация: The article deals with the history of the formation and interrelation of public and private law in Russia in the XIX and the beginning of the XX centuries. In the frame of this research the following theoretical problems are being analyzed: the notion, the system of public and private law in their historical development and interrelation. The authors of the article focus their attention on the study of the theoretical researches of the question of classification of public and private law in Ancient Rome, Western Europe and Russian Empire. Special legal terminology formed in the above mentioned period in legal studies, the degree of using loanwords in the Roman and Western European legal traditions are also touched upon in this article. It is proved that the theoretical researches of the Roman and Western European lawyers turned to be the source of borrowings for the Russian legal science, the present legislation, law-enforcing and court practice and it provided the formation of integrated system of the points of view on these questions. The problem in question found its reflection in the theoretical, historiclegal and special legal literature of that period. At the beginning of the XIX century this problem was developing within the frame of the jurisprudence and the encyclopedia of law. The formation of the system of law in the Russian Empire in the XIX century was going on under the influence if the natural-legal doctrine but it was superseded in the 30th of the XIX century by the historical school of law. Since that time we can witness the new stage of development in the understanding this problem. The basis for it was the experience we acquired in the process of the systematization of the present legislation. Liberal reforms of the 60th and 70th this problem got the new colors, as the legal community raised the question of the possibilities and expedience of the law codification. The activity of the legal community made the debates about the division of private and public law more heated. In the second half of the XIX and the beginning of the XX century legal positivism strengthened its influence and it defined the development of jurisprudence as a whole and certain branches of law in particular. This period, the period of the development of the theoretical and legal ideas in Russia, became the turning point for the clear understanding and separation of the approaches to this problem. As for the scientific criterion of the division into periods the history of the public and private law in Russia formation, we apply the formal side of law: the form of rules, the form of law, the form of systematization. The specific interest is caused by the question of the development of the branch principle of the Russian law systematization as the main factor defining the private and public law formation.

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Abstract: The article deals with the history of the formation and interrelation of public and private law in Russia in the XIX and the beginning of the XX centuries. In the frame of this research the following theoretical problems are being analyzed: the notion, the system of public and private law in their historical development and interrelation. The authors of the article focus their attention on the study of the theoretical researches of the question of classification of public and private law in Ancient Rome, Western Europe and Russian Empire. Special legal terminology formed in the above mentioned period in legal studies, the degree of using loanwords in the Roman and Western European legal traditions are also touched upon in this article. It is proved that the theoretical researches of the Roman and Western European lawyers turned to be the source of borrowings for the Russian legal science, the present legislation, law-enforcing and court practice and it provided the formation of integrated system of the points of view on these questions. The problem in question found its reflection in the theoretical, historiclegal and special legal literature of that period. At the beginning of the XIX century this problem was developing within the frame of the jurisprudence and the encyclopedia of law. The formation of the system of law in the Russian Empire in the XIX century was going on under the influence if the natural-legal doctrine but it was superseded in the 30th of the XIX century by the historical school of law. Since that time we can witness the new stage of development in the understanding this problem. The basis for it was the experience we acquired in the process of the systematization of the present legislation. Liberal reforms of the 60th and 70th this problem got the new colors, as the legal community raised the question of the possibilities and expedience of the law codification. The activity of the legal community made the debates about the division of private and public law more heated. In the second half of the XIX and the beginning of the XX century legal positivism strengthened its influence and it defined the development of jurisprudence as a whole and certain branches of law in particular. This period, the period of the development of the theoretical and legal ideas in Russia, became the turning point for the clear understanding and separation of the approaches to this problem. As for the scientific criterion of the division into periods the history of the public and private law in Russia formation, we apply the formal side of law: the form of rules, the form of law, the form of systematization. The specific interest is caused by the question of the development of the branch principle of the Russian law systematization as the main factor defining the private and public law formation.

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