Influence Of The Private Law On The Institutes Of Civil Society Development

In the present article the role of private law in the process of civil society formation and formation of its institutes is shown. The dialectic contradiction between the state and civil society is researched, the role of private law in removal of this contradiction is revealed. The conclusion is drawn that the development of market economy will result in prevalence of private law, natural for it, and, as a result, strengthening of civil society. In article existence of two opposite tendencies in relationship of private and public law in Russia is shown. On one hand, strengthening of the private law role is natural. Private law actively interferes even in those branches which traditionally are considered to be public. The second, entirely opposite tendency is connected to the strengthening of the regulation connected with the need for the social state creation and, as a result, intervention of the state into the economic relations with the purpose of the part of benefits redistribution from haves to poor. According to the author, sharp strengthening of the private-law regulation role in the modern conditions gets to the certain contradiction with domestic historical and legal tradition, though is caused by the economic relations development. In the conclusion author expresses opinion, that private law will promote more successful and fast folding of those structures which make basis for the civil society as the guarantor of democratic development of the country. One should hope that development of market economy will result in prevalence of private law that is natural for it (without damage to public spheres)