THE INTERACTION BETWEEN PRIVATE AND PUBLIC LAW IN THE PROCESSES OF RECODIFICATION AND EUROPEAN INTEGRATION

Abstract

The article notes that the convergence of private and public interests in civil law is an objective process that takes place within the legal system and the broader legal framework. Only through the unity of private and public interests (in the sense of the interests of the state and local selfgovernment) and a harmonious balance of their spheres of influence can civil law regulation ensure the achievement of its primary goal. This objective consists of the sustainable development and proper protection of personal non-property and property relations, as well as the formation of a legal model to prevent abuses, particularly by the state or local authorities when they participate in private legal relationships. It was emphasized that on May 17, 2024, the Committee of Ministers of the Council of Europe adopted the Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law. This is the first global, legally binding international treaty of its kind, designed to ensure the safe use of artificial intelligence by promoting adherence to common standards regarding the functioning of these values in the digital environment. On May 15, 2025, Ukraine signed this international document. It is also emphasized that even today, prior to the convention’s ratification (given the obvious threats and risks of further uncontrolled AI development), lawyers face the need to draft a series of bills to regulate the relevant social relations. Within the national legal system—through the means of private and public law–it is important to address existing and potential gaps in legislation related to rapid technological progress. Among other things, this involves the civil-law protection of privacy and the security of innovations. It was concluded that Ukraine’s Housing Code was based on a model of administrative housing allocation, under which the state acted as the primary owner and administrator of the housing stock, and a citizen’s ability to exercise the right to housing depended on their place in line and formal registration criteria. In contrast, Law № 4751-IX is based on an accessibility model, under which the state creates financial, contractual, and institutional mechanisms that enable individuals to independently exercise their right to housing through renting or purchasing a home.