Deryugina T.V., Kvitsinia N.V. The Application of the Category “Public Interest” in the Regulation of Private Law Relations
DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.11
Tatyana V. Deryugina, Doctor of Sciences (Jurisprudence), Professor, Department of Civil and Labor Law, Civil Procedure, Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot, Akademika Volgina St, 12, 117997 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-2978-0234
Natalia V. Kvitsinia, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil and Private International Law (Base Department of the Southern Scientific Centre of the Russian Academy of Sciences), Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-6538-9796
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. Methods. The general scientific and special methods of cognition were used in the preparation of the paper. The dialectical-materialistic method predetermined the study of the concept of public interest in relation to the private legal sphere. The system method, methods of analysis and synthesis, the formal legal method, and the method of interpretation of the norms of law were also used. Results. The study has analyzed the acts of the Supreme Court of the Russian Federation and the lower courts (the ruling of the Supreme Court of the Russian Federation of 21.09.2022 in case No. 306-ES22-6854; the decision of the Arbitration Court of Appeal of Saratov in case No. A12-32901/2021 of 28.03.2022; the decision of the Arbitration Court of the Astrakhan region of 08.12.2022 in case No. A06-7754/2021). It is proved that the analysis of these acts allows us to conclude about the negative consequences of the introduction of public interest in the sphere of regulating private law relations. Conclusions. The authors have substantiated the need to consolidate the definition of the concept of “public interest” at the legislative level and propose the authors’ vision of this concept. It is argued that when considering cases between individuals or legal entities, the court’s reference to the public interest is not permissible.
Key words: public interest, private law, state interests, public interests, legal doctrine.
Citation. Deryugina T.V., Kvitsinia N.V. The Application of the Category “Public Interest” in the Regulation of Private Law Relations. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 3, pp. 79-87. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.11
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