SUBJECTIVE PUBLIC INTEREST: THEORY AND APPLIED PERSPECTIVES

The scientific article is devoted to research of the essence of category «subjective public interest», its characteristic and types, also features of its realization and judicial protection. Nature and essence of the interest were considered, as a result of which it was defined the structure of interest in the framework of «internal factor theory», its connection with need and benefit. It was highlighted that today's legislation doesn't consist a distinction between interest, need and benefit. It was highlighted interest's role in legal relationship and also defined the dependence interest's guarantee's extend on its connection with subjective law. It is considered that in decision of the Constitutional Court of Ukraine on 01.12.2004 № 18-рп/2004 term «law protected interest» is defined narrowly, as a result of which it was justified that there can be three types of law protected interest: 1) interest, covered by the subjective law; 2) interest, which is not covered by subjective law, but has a logically-meaning connection; 3) interest, which is not covered by subjective law and doesn't have a logically-meaning connection. In the framework of research of conception of dividing interest on privet and public it was considered that category «public interest» should be understood in its quality meaning, and quantity should be used only to justified subjects-interest owners. It was considered that public interest has a social nature and privet — psychological. As a result, necessary features of privet interest were highlighted: its subjectivity and egocentrism. While related categories «public interest» and «state interest» it was justified the difference between their subjects, and after these we made a conclusion that public interest can be realized and protected by common citizens by use of legal form «subjective public interest». The internal structure of the subjective public interest was researched through the «internal factor» theory, as a result we highlighted two types of subjective public interest: subjectified public interest and publicized subjective interest. In addition, we justified features of legal embody of each interests type. In the framework of research of subjective public interest's court protection were highlighted deficiencies of criteria to understand which legal interest can be court protected. Ways to address the problem were proposed and was concluded that today administrative procedure is more universal and effective in order to realize and protect subjective public interest.