NEGATIVE REGULATION WITHIN THE STRUCTURE OF REAGULATORY MECHANISM OF PUBLIC-PRIVATE RELATIONS

Abstract

This article examines one of the most critical components of the regulatory mechanism for public-private relations – legal regulation – with a primary focus on its negative form. Negative regulation is defined as the process of ordering social relations by establishing rules in the form of prohibitions. The author substantiates the thesis that this method serves as a characteristic tool for regulating a wide range of public relations spheres that possess the potential for integrating private practices and principles as they transition toward a public-private interaction model. The study identifies indicators of resource and time inefficiency and questions the quality of legal regulation performed in the traditional positive manner when it lacks sufficient support. These indicators suggest the need for an alternative approach to building social connections, characterized by empowering participants with the freedom to act in any manner of their choice within the boundaries defined by prohibitions. As a specific act of formalizing the regulator’s will into legal norms, negative regulation aligns more closely with the principles of a democratic state compared to positive regulation, though it requires a requisite level of institutional and social maturity. Furthermore, the article argues for the possibility and necessity of employing both regulatory methods where justified, as well as for resolving legal or administrative conflicts. Finally, the study identifies and describes the problem of the inability of framework norms to form prohibitive norms as a result of negative regulation, advocating for the necessity of imbuing prohibitive norms with a clear positive character.