Legal interests as a law-forming category

Introduction: the article examines the conceptual foundations of the study of the intersectoral scientific category “interest” as a legal and as a law-forming category on the methodological basis of the general theory of state and law. The problems under study have been actualized in Russia in recent years, as a result of a re - evaluation of the interrelationships and the ratio of private and public interests, and especially after 2020, in connection with the amendments to the Constitution of the Russian Federation. The constitutional novelties suggest the need to once again turn to the study of the category of “interest” in law and analyze its law-forming potential in the context of updated law-making tasks. The Russian legislator in the process of law-making should take into account the natural factors of “spontaneous” legal education, primarily legal interests. The conditions accompanying this task, the fulfillment of which will lead to ensuring the quality and effectiveness of legislation, are considered in the article. Materials and methods: the methodological basis of the research was the dialectical method of cognition, which reveals the dialectical connection of interests and law, as well as general scientific methods based on it. The comparative-historical method and the method of branch concretization of general legal categories are involved. The results of the study: generalizing results and initial conclusions are obtained, which the author suggests to use in further scientific research of the category “legal interests”, including in the context of its relationship with the related categories" legal values"," legal goals“, “legal regulation”. Findings and Conclusions: in the conditions of social legal democratic statehood and a developed civil society, “official” state law-making (the activity of the legislator) should be based on legal interests as natural factors of “spontaneous” law formation. At the same time, the legislator: 1) can draw law-making ideas from the results of such legal education; 2) if the law-making idea arose differently-to investigate the complex of interests in their hierarchy for its implementation, in the process of official law-making, including in the process of adjusting legislation, making changes and additions to it; 3) it should include in the arsenal of used techniques and technical and legal means techniques and means of fixing, legal mediation of interests, legislative determination of priorities, establishing logical links between values and interests, coordination and resolution of contradictions between divergent interests. All of the above are conditions for the quality and effectiveness of legislation.