2020Gosudarstvo i pravoRequires access

Expansion of public law into the sphere of private interests: new management paradigm

Vladinir Usanov

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Abstract

The events of the last months of 2020 have shown the illusory nature of democratic principles and the independence of the sphere of private interests in the state. In a situation of actual emergency, in which the majority of states, the actions of the authorities in the Russian Federation, the author argues that public law, as a basis of public administration in emergency situation and requiring the preservation of the state system and the integrity of the state, intrudes into the sphere of private interests and begins to manage it, and private law ceases to be independent and subject to public law. At the same time, the democratic traditions and principles, human and civil rights and freedoms proclaimed in the Constitution of the Russian Federation and other normative legal acts are instantly absorbed by public law and become a fiction for a certain time

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What this paper is about

The events of the last months of 2020 have shown the illusory nature of democratic principles and the independence of the sphere of private interests in the state. In a situation of actual emergency, in which the majority of states, the actions of the authorities in the Russian Federation, the author argues that public law, as a basis of public administration in emergency situation and requiring the preservation of the state system and the integrity of the state, intrudes into the sphere of private interests and begins to manage it, and private law ceases to be independent and subject to public law. At the same time, the democratic traditions and principles, human and civil rights and freedoms proclaimed in the Constitution of the Russian Federation and other normative legal acts are instantly absorbed by public law and become a fiction for a certain time

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Available abstract

The events of the last months of 2020 have shown the illusory nature of democratic principles and the independence of the sphere of private interests in the state. In a situation of actual emergency, in which the majority of states, the actions of the authorities in the Russian Federation, the author argues that public law, as a basis of public administration in emergency situation and requiring the preservation of the state system and the integrity of the state, intrudes into the sphere of private interests and begins to manage it, and private law ceases to be independent and subject to public law. At the same time, the democratic traditions and principles, human and civil rights and freedoms proclaimed in the Constitution of the Russian Federation and other normative legal acts are instantly absorbed by public law and become a fiction for a certain time

Key concepts: Democracy, Normative, Constitution, Law, Political science, Private law, Public law, Independence (probability theory)

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