Characteristics of general and special law and the basis for their distinction - International Law And Integration Problems (Scientific-Analytical Journal) №2 2025

Description:

This article explores the distinction between public law and private law, which constitutes a fundamental element in the structural classification of legal systems. The relevance of the topic stems from the fact that the correct identification of whether a legal relationship falls under public or private law is not only of theoretical significance, but also directly affects legal practice, including the applicable legal norms, procedural mechanisms, available legal remedies, and most importantly, the determination of which court has jurisdiction over the dispute. Particularly in legal relations involving public authorities and private individuals, the lack of clear boundaries between public and private law gives rise to jurisdictional conflicts and divergent legal interpretations. The article provides a comparative analysis of the historical development and conceptual foundations of public and private law within various legal traditions, especially focusing on civil law and common law systems. Furthermore, it examines the legal framework and judicial practice in the Republic of Azerbaijan, identifying specific instances in which the distinction becomes practically significant and legally complex. The study emphasizes the need for stronger theoretical underpinnings, more systematic treatment in legal education, and clearer legislative criteria to delineate public and private legal spheres. It concludes that establishing precise legal criteria for distinguishing public and private law, and ensuring uniform interpretation in judicial practice, would enhance legal certainty, protect the integrity of legal processes, and contribute to the efficient regulation of legal relations. The research employs methods of systematic analysis, comparative legal study, and normative legal interpretation.


Müəllif : Roya Mirtalibova
Nəşr tarixi : 2025
Yüklənmə sayı : 22

Girl in a jacket : Ödənişsiz

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