RISK AS A REQUIREMENT OF BALANCE BETWEEN PRIVATE-LAW AND PUBLIC-LAW REGULATION

The article examines the criterion for distinguishing private and public law – centralization and decentralization of legal regulation, and determines its practical significance: the criterion allows us to understand that when the boundary between the private and public components of civil law regulation changes, the amount of risk imposed on its participants in achieving the goal of the legal relationship changes. The thesis is revealed that, in essence, private law is a mechanism for transferring the risks of not achieving the goal of a legal relationship to its participants through the possibility of concluding transactions. The position is substantiated that when designing legal regulation or changing it, a legislator should constantly be guided by the amount of risk that a legal entity will fail to achieve the goal of a civil legal relationship and how much resources the state will spend if it tries to eliminate this risk by introducing mandatory regulation.