关于城市规划领域公共利益的预防性保护

K. Apanasenko
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引用次数: 0

摘要

本文旨在对公共利益预防性保护的可能性问题进行理论分析,特别是以城市规划领域的经济法律关系为例。研究方法包括概括理解法学中可用的“公共利益”和“权利的预防性保护”(包括在经济法和程序法学领域)概念的理论方法,研究城市规划领域的公共利益内容,并进一步分析权利的法律性质以及国家建筑和施工控制机构在法庭上捍卫的利益。以及各自诉讼的性质。同时,运用术语法、系统结构法、法律教条法和跨学科分析方法。结果。作者提出了一种预防性诉讼的可行性假设,即预防性诉讼既能保护私人权益,又能保护公共利益,并以城市规划领域SACC机构的诉讼为例进行论证。事实证明,SACC机构可能向法院提起的一些诉讼,其目的可能是预防性地保护共同体领土可持续发展中的公共利益,防止可能对公民的生命和健康、个人和法人实体的财产以及周围的自然环境、文化/考古遗产造成损害。作者还论证了法律遵从性的公共利益的存在,这种公共利益在经济领域转化为确保合法经济秩序的利益。在国内的科学文献中,对公共利益的预防性保护问题普遍缺乏客观的分析,构成了研究的科学新颖性。研究结果有助于科学研究法院对公共利益的保护和法院对权益的预防性保护问题,进而有助于程序性立法对公共利益的预防性司法保护的可能性进行修改。这是本工作的现实意义。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Regarding the preventive protection of public interests in a field of urban planning
The article aims to conduct a theoretical analysis of an issue of a possibility of the preventive protection of public interests, in particular, on an example of economic legal relations in the field of urban planning. The research methodology has included a generalization of theoretical approaches to understanding the concepts of "public interests" and "preventive protection of rights" (including in a field of economic law and procedural legal science), available in legal science, research a content of public interests in the field of urban planning and further analysis of a legal nature of rights and the interests that state architectural and construction control bodies defend in court, and a nature of the respective lawsuits. At the same time, terminological, systemic-structural, legal-dogmatic methods and interdisciplinary analysis were applied. The results. The author expressed a working hypothesis about a possibility of going to court with preventive lawsuits, which will protect not only private rights and interests, but also public interests, and proved it with arguments on the example of lawsuits by SACC bodies in the field of urban planning. It is substantiated that a number of lawsuits that may be brought to court by SACC bodies may have the purpose of preventive protection of public interests in the sustainable development of the community territory, prevention of possible harm to the life and health of citizens, the property of individuals and legal entities and the surrounding natural environment, cultural/ archeological heritage. The author also substantiated the existence of a public interest in compliance with legislation, which is transformed into an interest in ensuring legal economic order in the field of economy. In domestic scientific literature the issue of preventive protection of public interests was generally not objectively analyzed, which constitutes the scientific novelty of the conducted research. The results of the study contribute to the scientific study of the issue of the protection of public interests in court and the preventive protection of rights and interests in court, which will further contribute to the justification of changes to the procedural legislation on the possibility of preventive judicial protection of public interests. This is the practical significance of the work.
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