Private and public principles in the civilizational process of modern Russia

The article is devoted to the fundamental problem of determining specific manifestations of private law and public law principles in civil and arbitration proceedings, and the development of a mechanism for their harmonization in order to improve domestic substantive and procedural legislation in the field of protection of subjective civil rights, freedoms and legitimate interests. It is shown that the Russian system of protection of rights in the field of civil jurisdiction is based on the criterion of the correlation of the legal statuses of persons participating in a controversial material legal relationship. However, it is not always followed by the legislator. A number of civil law cases are of a public law nature, but despite this, they are considered within the framework of claim proceedings. The public law principle in civil proceedings is also manifested when courts of general jurisdiction and arbitration courts consider cases involving the Russian Federation, constituent entities of the Russian Federation, municipalities, state authorities, local governments, and officials. The dualism in the procedural status of the prosecutor is shown, who can act both in the status of a party to the case and in the status of a “procedural plaintiff”. It is proposed to develop separate proceedings in the system of civil and arbitration proceedings, according to the rules of which the courts will consider cases with the participation of public legal entities.