PECULIARITIES OF PUBLIC INTEREST
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article analyzes the scientific approaches in modern jurisprudence regarding the definition of the notion of public interest. The application of the notion of public interest in the Convention for the Protection of Human Rights and Fundamental Freedoms is being investigated. One of the problems of legal science is the delimitation of public and private interests. In order to solve this problem, the authors have determined the characteristics of the public interest.The concept of public interest is often used in modern Ukrainian jurisprudence. However, there is currently no unified approach to its definition. In our time the boundary between the public and private interests is negligible. Separation of public interest from private interests will be necessary for the state and society. It is determined that public interest is necessarily broad and may concern issues that are not directly related to the society itself. “Public interest” and “general interests” may differ, but the difference between them is not significant. Taking into account the interests of the state and society and ensuring the independence of the private sector is a difficult issue. These interests in Roman law are divided into public and private. The state acts as an arbiter between private interests and public interests. Peculiarities of public interest: 1. Public interest is inseparable from the interests of the state, but may not coincide with the interests of the private. 2. The change of the vector of private interest should be reflected in the change of the public. 3. Certain areas of economic activity require state intervention to ensure public interest. 4. Public interest is determined by a set of private interests. 5. Public interest is a reflection of the interest of the state. 6. Human rights can, under certain conditions, go against the public interest.
Authors and Affiliations
Р. І. Раімов, А. В. Пасічник
Keywords
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