The problem of considering public and private interests in the limitation of civil rights in the Republic of Azerbaijan
Journal Title: Юридические науки и образование - Year 2019, Vol 60, Issue 60
Abstract
Limitation human rights and freedoms, determining its validity is one of the most important problems of any state. Taking public and private interests into account while limitating human rights and freedoms is one of the most important elements of any democratic society, legal state. Public interest can be reflected and consolidated in branches of both public and private law. Interest in law is its most important law-making and law-implementing factor. Directly public interest is revealed in the state will. The interests of society as a whole are shaped solely by social and economic conditions and their corresponding needs. The main criterion for determining the limits of satisfaction of the interests of a particular person are the interests of other persons, including public and state ones. The experience of the European Court is richer when considering public and private interests in limitating human rights. In case of deprivation of property, the legislation of Azerbaijan is guided by the principles of "social justice" and "efficient use of land", enshrined in the basic law of the country, as well as in the European Convention. One of the main requirements of the European Convention in case of deprivation of property is the payment of fair compensation, only in this case it is possible to maintain a balance between public and private interests.
Authors and Affiliations
Mehdi Abdullayev
Keywords
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- EP ID EP649421
- DOI 10.25108/2304-1730-1749.iolr.2019.60.8-29
- Views 70
- Downloads 0
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