Current Issues of the Mechanism of Public-Law Regulation in Romano-Germanic Law

The article presents the results of a comparative legal study of the mechanism of public law regulation in the countries of the Romano-Germanic law. The aim of this study is to identify the features of the mechanism of public law regulation in modern Romano-Germanic law. As a result of the study, the following conclusions were made. Features of the mechanism of public law regulation can be identified on the basis of a study of its main elements ‒ the norms of public law and public law relations. Public law relations have specifics determined by the category of “public interest”. The category of “public interest” covers, first of all, state interests, as well as public interests that are recognized by the state as mandatory, have constitutional value and are protected by law. The rules of law regulating public law relations are enshrined in a certain, objectively established system of sources of public law. In most states of the Romano-Germanic legal family, the system of sources of public law is built on the principles of the supremacy of the national constitution and the doctrine of constitutional iden-tity. The study of the features of the mechanism of public-law regulation is important for the development of measures to improve this mechanism and increase its effectiveness, especially in the modern era ‒ the era of the convergence of private and public law and the ineffectiveness of the mechanism of international legal regulation.

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Publication Details

Journal
Теория и практика общественного развития
Published
2025-07-30
DOI
https://doi.org/10.24158/tipor.2025.7.26
Primary Topic
Law and Political Science
Type
article
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article

Current Issues of the Mechanism of Public-Law Regulation in Romano-Germanic Law

Victoria M. Malinovskaya
Теория и практика общественного развития
Law and Political Science
article

Current Issues of the Mechanism of Public-Law Regulation in Romano-Germanic Law

Victoria M. Malinovskaya
article en

Abstract

The article presents the results of a comparative legal study of the mechanism of public law regulation in the countries of the Romano-Germanic law. The aim of this study is to identify the features of the mechanism of public law regulation in modern Romano-Germanic law. As a result of the study, the following conclusions were made. Features of the mechanism of public law regulation can be identified on the basis of a study of its main elements ‒ the norms of public law and public law relations. Public law relations have specifics determined by the category of “public interest”. The category of “public interest” covers, first of all, state interests, as well as public interests that are recognized by the state as mandatory, have constitutional value and are protected by law. The rules of law regulating public law relations are enshrined in a certain, objectively established system of sources of public law. In most states of the Romano-Germanic legal family, the system of sources of public law is built on the principles of the supremacy of the national constitution and the doctrine of constitutional iden-tity. The study of the features of the mechanism of public-law regulation is important for the development of measures to improve this mechanism and increase its effectiveness, especially in the modern era ‒ the era of the convergence of private and public law and the ineffectiveness of the mechanism of international legal regulation.

Теория и практика общественного развития(7)
Openalex Percentile: Top 70%
Law and Political Science
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Current Issues of the Mechanism of Public-Law Regulation in Romano-Germanic Law — Victoria M. Malinovskaya · Теория и практика общественного развития (2025) | TGRS Research Map | TGRS