Problems of Combining Private and Public Interests in Civil Regulation
( Pp. 79-89)

More about authors
Butchenko Viktor Nikolaevich Cand.Sci.(Econ.). Position: Head of the Department of Transport Law. Place of employment: Volgas State University of Water Transport. Subdivision: Institute of Economics, Management and Law, Department of Transport Law
Волжский государственный университет водного транспорта
г.Нижний Новгород, Россия
Abstract:
The article examines the issues of combining private and public-personal interests in civil law regulation. Where interest as an objective category expresses what objectively contributes to the consolidation and positive change in the social position of the subject of social relations. Consequently, objective interest always meets certain needs. But if the need expresses the objective necessity of certain actions aimed at ensuring the existence of the subject, then the objective interest fixes those measures, the implementation of which leads to the satisfaction of needs and thereby to the implementation of this need. The aim of the presented study is to consider the issues arising in this area concerning the legal regulation of participants in public relations, through which stimulation or coercion is carried out. At the same time, legal regulation is not able to change the needs of the subjects of social relations in a radical way. However, these needs directly depend on the conditions of activity of these entities, which are determined by means of legal regulation. Thus, the law affects the formation of needs and corresponding interests not by direct prescriptions about their occurrence, but indirectly - through the impact on the material conditions of existence and activity.Based on the research, the author comes to the conclusion that when issuing a rule of law, the legislator always has in mind the protection of certain interests. Accordingly, the interest reflected in the law acquires the character of an object of legal protection. The consolidation of interests in law that do not correspond to the objective interests of society entails a violation of the balance of interests.
How to Cite:
Butchenko V.N., (2022), PROBLEMS OF COMBINING PRIVATE AND PUBLIC INTERESTS IN CIVIL REGULATION. Gaps in Russian Legislation, 2 => 79-89.
Reference list:
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Keywords:
The Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation, civil regulation.


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