The article examines the division of law into public and private in Russian legal doctrine, focusing on delimitation criteria, the limits of legislative intervention, and the conditions for preserving private autonomy within legal regulation. It outlines the historical and doctrinal foundations of the distinction and systematizes the principal substantive and formal approaches used to classify legal norms and institutions. Particular attention is given to practical difficulties arising from the application of specific criteria, as well as to the role of remedial and procedural mechanisms in identifying the boundary between public-law and private-law regimes. The analysis also addresses mixed contractual frameworks in which public objectives are implemented through private-law instruments, reflecting the growing interpenetration of public and private elements. The article concludes that workable, verifiable formal-legal benchmarks remain preferable for qualification, while due regard should be paid to legal certainty, proportionality, and an appropriate balance of interests.
Sergey Nikolaevich Khrameshin (Mon,) studied this question.
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