Public and private interests, their correlation and interdependence

Автор: Arsen A. Kerzhakov

Журнал: Вестник экономики, управления и права @vestnik-urep

Рубрика: Право

Статья в выпуске: 2 т.16, 2023 года.

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To achieve a balance of interests means to create an ideal model of the civil legal system of society. Private interest cannot be realized outside the conditions of public law and order, while public interest loses its meaning in the absence of its focus on the implementation of private interest. The article examines the problem of the correlation of private and public interests, the realization of which is necessary both for an individual and for society as a whole.The purpose of the study is to summarize the results of scientists’ positions on the directions of solving the problem of establishing the correlation of the system, content, meaning and properties of court decisions of a special order, to establish the degree of non-coincidence. Methodology. The conclusions and recommendations contained in the work are based on a systematic analysis and a structural method of generalizing scientific approaches to solving the problem of determining the ratio of private and public interests. Results.The study shows that the needs of individuals belong to the private interest. But scientists consider this criterion insufficient in order to more accurately determine the types of interests in legal relations.In order to solve the problem of the correlation of private and public interests, an intermediate task needs to be solved: to define a wider range of criteria that can more accurately distinguish the category of interests. With this approach, in legal regulation, the legislator will have a conceptual opportunity to avoid mistakes in determining legal means, methods, and ways of regulating a particular type of interest.

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Public interests, private interests, correlation of interests, needs, balance of interests, public law, private law

Короткий адрес: https://sciup.org/142237566

IDR: 142237566

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