Private law in the Russian law system: conceptual understanding and development prospects

Abstract

The article examines the evolution of the views of local jurists on the place of private law in the system of law. Contrary to the assertion of individual researchers linking the formation of the sectoral principle of building a system of law with the imperious attitudes of the Soviet state and the prevailing Marxist-Leninist ideology, the author justifies the idea that this principle does not contradict the previous pre-revolutionary experience of examining the system of law, which only nurtures Russian scientists. Analyzing the current stage of development of systemic notions regarding the internal form of Russian law, the author suggests that this experience, in particular, the idea that this division is derived from the very nature of a person who recognizes himself as an isolated individual and in the same time as a member of the social whole. The article justifies that in the system of modern Russian law, not only does the convergence of private and public law take place. Simultaneously with the convergence processes, the divergence system is observed in the system of law, in which its coherence is seen. Keywords–system of law, private law, branch of law, convergence and divergence in law