THE BALANCE OF PRIVATE ANd PUBLIC INTERESTS IN THE CIVIL LAW
Journal: LAW AND INNOVATIONS (Vol.1, No. 8)Publication Date: 2014-11-11
Authors : Venediktova I. V.;
Page : 18-23
Keywords : legal interests; private legal interest; bublic legal interest;
Abstract
The article is devoted to the problem of the private and public interests’ balance and its systematic role in the law sphere. The satisfaction of the public interest is one of the state function, which in the different ways satisfices and private interests. In the modern society the legal state realizes the private interest by serving to needs of the society’s members that is why the one of the interpretation of the public interest’s definition is the concemment of the state bodies in the private interest’s realization. Problem setting. traditionally, private in law is interpreted as the sum of rules, which regulated property and non-property social relation with individual or group (not state) interests of separate persons and corporations, and also the relationships in which the state appears not as public power holder, but as a subject of civil relations where the parties are equal in their rights and their interests are fulfilled and protected solely on their own initiative. Conclusions and prospects for the development. the issue of coordination private and public interests in the law, establishment of their optimal balance exists constantly. the balance of private and public interests is not definitely meaning as the equilibrium of these interests, because in certain circumstances should be established a priority of one interest and therefore ? to limit another. the problems of establishment and revelation balance of public and private interests in legal regulation should be solved in serious theoretical studies. In no case impossible to separate and contrast public and private interests. In a certain situation any private interest can be reduced or represented or considered as public interest. on the other hand, public interest is senseless when it’s not needed and doesn’t carry the value of realization for certain person. on stages of lawmaking the contrasting and even the division on public and private interests loses any sense: private interest that falled to the legislator’s field of vision gets in the same time well-known public recognition, without which it couldn’t find the reflection in the law. everything which is consolidated by the legislation corresponds with both public and private purposes.
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