New Approaches to Defining the Boundaries (Limits) of Civil Law

The rapid development of socio‑economic relations is changing the structure of society and the principles of organizing inter‑subject relationships, necessitating the formulation and resolution of the question of the essence and functions of civil law. A constructive and at the same time flexible solution to this question is possible only with an adequate assessment of the state and dynamics of the development of social relations regulated by law. In the new conditions of society and its structures, traditional concepts and views on private and public law require a reassessment, as well as a rethinking of the purpose of this division. On this basis, new meanings for civil law and its instruments can be found in the new social reality and the fire of technological revolutions. The problems and issues raised cannot be resolved by dogmatic and formal legal methods. An immersion in the methodology and philosophy of law is required to elucidate the ontology and epistemology of classical and modern legal institutions. It is important to understand and accurately describe the dynamics of their development directly in law, correlating the letter and spirit of the law. Private and public law systems are not in opposition or conflict with each other; scholarship faces the unsolved task of finding their interconnections and interactions in addressing not only socioeconomic problems but also the survival of humanity. There is no basis for supporting the idea that the division of law into private and public is meaningless, or that the principles and methods of legal regulation remain unchanged in the historically continuous development of human activity and society. In preparing this article, historical, comparative legal, and functional research methods were actively used, allowing the reader to understand the author’s vision of the functions of modern civil law.