On the convergence of private and public law in the context of the decision of the Constitutional Court of October 31, 2024 No. 49-P

Abstract

The article examines the legal nature of the mechanism for the recovery of property acquired as a result of the violation of anti-corruption prohibitions and requirements, taking into account the discussion that took place during the public session of the Constitutional Court of the Russian Federation on October 8, 2025. The author analyzes approaches to interpreting the sectoral affiliation of the said institution, which were presented by participants in the constitutional process, and also understands the defects in legal regulation that served as the basis for sending a request to the constitutional review body. The opinion is expressed according to which the reason for the emergence of the constitutional dispute was the application of legal norms to social relations of different branch nature – private and public, respectively—in conjunction with the presence of a legislative gap. It is noted that ensuring a unified sectoral focus of elements of complex legislative structures affecting several areas of social relations at once is a significant aspect of legislative work. The significance of this aspect is most clearly demonstrated in the area of convergence of interests between business and the state, as demonstrated by current judicial practice. According to the author, these circumstances determine the demand for a more in-depth study of convergence processes in law as an independent area of research in the field of jurisprudence.

Affiliated Institutions

• Rusal (Russia) RU

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