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PUBLIC INTEREST AS a LEGAL CATEGORY

Annotation

One of the central categories of legal science “interest” is examined, it is noted that during the study of interest it is necessary to distinguish between the interest of society (public interest) and the interest of the individual and certain social groups (private interest). The level of legislator’s theoretical understanding of definitions derived from the categories like “interest”, “legal interest” and “public law interest” clearly does not meet the needs of law-making, application of laws and interpretive practices. The assumption is made that at the present time it is required to enhance the role of public interests in legal regulation of social relations. This equally applies to law-making and application of laws activities. The legislator requires scientific understanding of the mechanism of consolidation of interests, including public interest in law by identifying the interests of people, groups and society as a whole and establishing their hierarchy and implementing their agreement in due time.

Keywords

interest in law; public interest; personal interest; realization of interests; legislation; legislator

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UDC

340.11

Pages

6-13

References

1. Iering R. Interes i pravo [Interest and Law]. Yaroslavl, 1880. (In Russian). 2. Shershenevich G.F. Kurs grazhdanskogo prava [Civil Law Course]. Tula, Avtograf Publ., 2001. (In Russian). 3. Bagautdinov F.N. Publichnye i lichnye interesy v rossiyskom ugolovnom sudoproizvodstve i garantii ikh obespecheniya na predvaritel'nom sledstvii: avtoref. dis. … d-ra yurid. nauk [Public and Private Interests in the Russian Criminal Proceedings and Guarantees of Their Provision of the Preliminary Investigation. Dr. jurid. sci. diss. abstr.]. Moscow, 2004. (In Russian). 4. Andreeva T.K. Problema zakonodatel'nogo regulirovaniya publichnosti v APK RF [The problem of legal regulation of publicity in The Commercial Procedure Code of the Russian Federation]. Vestnik Vysshego arbitrazhnogo suda Rossiyskoy Federatsii – Bulletin of the Supreme Arbitration Court of the Russian Federation, 2004, no. 7, pp. 132-144. (In Russian).

Received

2017-02-22

Section of issue

General theory and history of law and the state

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