The application of the category “public interest” in the regulation of private law relations
Автор: Deryugina T.V., Kvitsinia N.V.
Журнал: Legal Concept @legal-concept
Рубрика: Вопросы частноправового регулирования: история и современность
Статья в выпуске: 3 т.22, 2023 года.
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Introduction. The paper defines the immediacy of the problem of identifying the essence of the category “public interest” in the regulation of private law relations. The correlation of private and public interests in Russian law is established. The materials of the legal doctrine and the positions of the higher courts on this concept are analyzed. The signs of public interest in private law are determined. In legal doctrine, the category of “public interest” is very actively used by research scientists. However, there is no explanation of this term at the legislative level, which clearly does not contribute to its uniform understanding in judicial practice and law enforcement activities in general. Due to the high importance of public interests in any state and the absence of a legal definition in Russian legislation, it seems relevant to identify the essence of the category of “public interest” and its main characteristics. The purpose of the study is to identify current trends in judicial practice and analyze the development of legislation on the application of public interest in private law relations.
Public interest, private law, state interests, public interests, legal doctrine
Короткий адрес: https://sciup.org/149144482
IDR: 149144482 | DOI: 10.15688/lc.jvolsu.2023.3.11