The measures to protect public legal interests in the civil process

Abstract

Introduction. The civil legislation of Russia has a list of general ways to protect civil rights. There is comprehensive list of ways to protect public-law subjective rights and interests either in legislation or in legal science. As a result, some methods of protection that are explicitly named in the law are widely used in practice and have been sufficiently studied in science, while others that do not have direct legislative support are little or practically not used in practice, which leads to weak protection of rights and interests that could be protected by such methods. Theoretical Basis. Methods. In order to make the most complete list of the methods of protecting public-law subjective rights and interests and, if possible, bring such methods into the system, the author of the article proceeded from the following ideas: – social interests regulated by law (legal interests) have a different probability of achieving the object (the social good they are aimed at) and are divided into three categories, namely interests with a maximum (subjective rights), minimum (legitimate interests) and intermediate probability of achieving the object (legitimate interests that can be transformed into subjective rights by an act of law enforcement); – legal interests in the implementation process go through a number of stages, each of which can be violated in a special way. Knowing what constitutes a violation in each of the stages, allows an accurate choice of a method of protection from the range of availale measures; – the importance of implementing legal interests for the society is not the same. General (public) significance leads to the fact that the interest is regulated by public law. The private significance of an interest entails its regulation by private law. Results. It is argued that public and private entities can be carriers of public legal interests. It is proved that relations arising from the implementation of public-legal interests can be based on subordination or equality, and therefore the subjects of public-legal relations can have a powerful, subordinate and equal status. The article presents a system of measures and measures that should be applied in cases of violations of public-legal interests of powerful, subordinate and equal participants in public-legal relations at various stages of the implementation of such interests. Discussion and Conclusion. The results obtained can serve as a basis for improving the procedural means of protection and proceedings for the protection of public legal interests.