scholarly journals Development of the constitutional provisions about balance public and private interests when land use in the acts of the land legislation

2016 ◽  
Vol 3 (3) ◽  
pp. 97-102
Author(s):  
S A Lipski
Keyword(s):  
Land Use ◽  
Land Law ◽  
Public Interests ◽  
Public And Private ◽  
Private Interests ◽  
Federal Land ◽  
Private And Public ◽  
Further Development

The article discusses the main acts of the federal land legislation, in which has been further developed constitutional provi- sions about balance public and private interests in land use. The author states that over the last decade, acts that ensure the reasonable land use has not received adequate development, and many of the rules (and some laws) adopted at the turn of XX-XXI centuries, has lost its force. As a result, the ratio of private and public interests in the modern land law became slightly other. Relevant constitutional provisions have the potential for their further development.

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

scholarly journals Protection of public interests by narrowing private interests: where is the limit?

2021 ◽  
Vol 10 (38) ◽  
pp. 148-157
Author(s):  
Olga Klepikova ◽  
Viktoriia Kachuriner ◽  
Volodymyr Makoda ◽  
Inha Kryvosheyina ◽  
Vadym Popeliuk
Keyword(s):  
Eu Law ◽  
The European Union ◽  
International Treaties ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
The People ◽  
Private And Public ◽  
Restrictive Measures

The coronavirus pandemic (COVID-19) has posed many challenges to the international community. In a pandemic, governments make complex decisions every day (respond quickly to emerging difficulties), implement effective quarantine measures that affect the public and private interests of the people. Such decisions are also made by such supranational entities as the European Union. With this in mind, it is essential to analyze the interaction and balance of private and public interests in EU law in the context of the Covid-19 pandemic. The work aims to analyze the balance between private and public interests in EU law in the context of the Covid-19 pandemic. Research methods are such methods as dialectical, historical, idealization, analysis, synthesis, abstraction, system, formalization, comparison, and modeling. As a result of the study, the authors concluded that the search for a balance between public and private interests is in all areas and mostly applies to human rights and, in a pandemic, these powers are enshrined in major international treaties and national regulations, with reservations about their possible limitation under exceptional circumstances. At the same time, ensuring the balance of private and public interests is possible only if the rule of law is fulfilled in the implementation of restrictive measures, proportionality, and public necessity.

scholarly journals BALANCE OF PUBLIC AND PRIVATE INTERESTS AND LEGAL CERTAINTY IN CIVIL PROCEEDINGS

2021 ◽  
pp. 27-30
Author(s):  
I.V. Rekhtina
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
National Level ◽  
Legal Certainty ◽  
Public Interests ◽  
Public And Private ◽  
Private Interests ◽  
Civil Proceedings ◽  
Private And Public

The article examines how the principle of legal certainty can serve as a criterion in determiningthe balance and balance of private and public interests in the consideration of cases in court. Russianjurisprudence shows that, at the national level, there is an imbalance in the private and public interest inconsiderations, in which priority is often improperly given to public interest. The principle of legal certaintymay serve as a criterion for finding this balance, taking into account the jurisprudence of the European Courtof Human Rights.

scholarly journals Making Smart and Sustainable Infrastructure Projects Viable: Private Choices, Public Support, and Systems Constraints

2017 ◽  
Vol 2 (3) ◽  
pp. 18-32 ◽  
Author(s):  
Douglas Noonan ◽  
Shan Zhou ◽  
Robert Kirkman
Keyword(s):  
Public Perception ◽  
Public Support ◽  
Green Technologies ◽  
Public And Private ◽  
Private Interests ◽  
Public Survey ◽  
Private And Public ◽  
Infrastructure Investments ◽  
Individual Use ◽  
The One

Sustainable cities will require major infrastructure investments coupled with widespread behavioral change. Examples of smart, green technologies abound, but evidence for actual use lags. This partly owes to the tension between public support and private choices: individuals thinking as members of the public may see solutions as smart for the city, but thinking of their private interests may see those same solutions as not smart for themselves. This also owes to the disconnect between private and public choices, on the one hand, and the workings of complex systems, on the other. Even if public and private interests align, existing built environment systems may resist change. This article examines public perception and use of the Atlanta BeltLine, a pioneering sustainability initiative to transform the auto-dependent city into a greener, denser city. Analyzing a general public survey reveals widespread support for the BeltLine alongside reticence from residents to change their commute or greenspace use. The findings also show that drivers of public support and prospective use of the BeltLine differ. Public support may be insufficient if individual use decisions do not follow. Yet, private adoption decisions may not follow until and unless the systems in which they are embedded are already changing.

scholarly journals Positive and debatable aspects of land and legal creativity of O.S. Dobrov

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Yermolenko Iryna ◽  
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Customary Law ◽  
Historical Period ◽  
Land Law ◽  
Public Interests ◽  
Private Interests ◽  
Land Relations ◽  
Customary Land ◽  
Academy Of Sciences

The article is devoted to the land and legal creativity of a member of the Commission for the Study of Customary Law of Ukraine, established in 1921 at the All-Ukrainian Academy of Sciences, O.S. Dobrov, in particular the peculiarities of the introduction into the mechanism of legal regulation of the then land relations of local customs. As a positive point, the proposed expansion of the historical period of existence of domestic land law, starting from the XVI century. It is stated that modern Ukrainian representatives of legal science have overlooked this fact. A debatable point in the work of O.S. Dobrov is an insufficiently substantiated proposal to apply local customs in land law through the prism of their compliance with the principle of compliance with the Civil Code of compliance with the socio-economic purpose of any civil rights of citizens called to implement solely to develop productive forces. Attention is drawn to the insufficient elaboration of empirical material by the scientist, because the illogical substitution of the basic private law principle of formation of civil rights in order to satisfy private interests on the purely public law principle of achieving state interests ultimately leads to complete leveling of customary land law. Keywords: land law, local customs, customary land law norms, public interests, private interests

The Portable Home: The Domestication of Public Space

2008 ◽  
Vol 26 (4) ◽  
pp. 324-343 ◽  
Author(s):  
Krishan Kumar ◽  
Ekaterina Makarova
Keyword(s):  
Public Space ◽  
Private Life ◽  
Public And Private ◽  
Public Spheres ◽  
The Public ◽  
Private And Public ◽  
The Public Sphere ◽  
The 19Th Century ◽  
Further Development ◽  
Privileged Site

Much commentary indicates that, starting from the 19th century, the home has become the privileged site of private life. In doing so it has established an increasingly rigid separation between the private and public spheres. This article does not disagree with this basic conviction. But we argue that, in more recent times, there has been a further development, in that the private life of the home has been carried into the public sphere—what we call “the domestication of public space.” This has led to a further attenuation of public life, especially as regards sociability. It has also increased the perception that what is required is a better “balance” between public and private. We argue that this misconstrues the nature of the relation of public to private in those periods that attained the greatest degree of sociability, and that not “balance” but “reciprocity” is the desired condition.

scholarly journals ECONOMICS OF JUSTICE: THE STATE WEAL AND THE BENEFITS OF A PRIVATE PERSON

2017 ◽  
Vol 3 (3) ◽  
pp. 5-17
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Economic Efficiency ◽  
Legal Aspect ◽  
The State ◽  
Financing System ◽  
Public And Private ◽  
Case Load ◽  
Private Interests ◽  
Administration Of Justice ◽  
Private And Public ◽  
Anglo American

The economic component of the courts’ activities on the administration of justice is a complex issue that, unfortunately, still remained outside the field of view of the Russian researchers. The court financing system, as well as mechanisms to improve the economic efficiency of the administration of justice are topical issues of the modern legal orders, which are closely associated with the principle of independence of judges and the guarantees of independence. Justice is a point of collision of public and private interests, that is why the question of the relation of these interests within the economy of justice is particularly relevant. The purpose of this study is to identify trends in economic aspect of the activity of courts from the standpoint of the ratio between private and public interests both in Russian and in foreign legal systems of Continental-European and Anglo-American legal families, as well as determining the future prospects of such development. The objective of the study is to analyze the financing systems of the judicial system and mechanisms to improve the economic efficiency of the administration of justice, including the optimization of the case load, the introduction of e-justice, regulation of the state fee. To achieve the goals and objectives of the study can be applied a systemic-structural, comparative legal, historical, systemic and statistical methods and scientific methods of induction and deduction. As the results of the study were identified the main models of financing of the judiciary and tendencies of their development, the problem of the case load and ways for its reduction were considered in comparative legal aspect in present article. Also the author has taken an assessment of institutions of electronic justice and state duties, as well as their role in improving the economic efficiency of the courts. On the basis of these results the author has made a few suggestions for the further development of the proceedings.

scholarly journals Project Activity as a Tool for the Development of Territorial Communities

2021 ◽  
pp. 160-170
Author(s):  
Alla POLYANSKA ◽  
Ivanna ZAPUKHLYAK
Keyword(s):  
Local Community ◽  
Territorial Development ◽  
Short Term ◽  
Public Interests ◽  
Project Activity ◽  
Efficiency And Effectiveness ◽  
Private And Public ◽  
Systemic Problems ◽  
Further Development

The article substantiates the need to find modern mechanisms for resolving the conflicts between private and public interests, individual and managerial approaches, public and state vision on solving the problems of local community development. It is proved that one of the elements of such a mechanism is the project activity of the united territorial communities, which due to purposefulness, focusing on timeliness and quality of project results, as well as opportunities to attract financial resources from various sources, will increase the efficiency and effectiveness of the united territorial community activity, improvement the quality of public life and strengthening its competitive potential. The project activities of the united territorial communities of Ivano-Frankivsk region were diagnosed, which allowed to establish that short-term and low-budget projects predominate among local communities’ projects, which insufficiently resolve the systemic problems of territorial development due to financial insolvency of existing territorial communities. The directions of further development of the united territorial communities on the basis of project management are outlined.

scholarly journals The Proper Discharge of Tax Duty as a Legitimate Interest of the Taxpayer

2020 ◽  
Vol 17 (3) ◽  
pp. 36-46
Author(s):  
Sergey Yadrikhinskiy
Keyword(s):  
The State ◽  
Point Of View ◽  
Constitutional Court ◽  
Law Enforcement Agencies ◽  
Public And Private ◽  
Private Interests ◽  
Legitimate Interest ◽  
The Face ◽  
Private And Public ◽  
Legitimate Interests

Introduction. Legal science traditionally considers the taxpayer as a person obliged, and the payment of tax in terms of unconditional, unilateral claims of the state. At the same time, the practice of taxation shows that not only the state, but also the taxpayer is interested in the proper execution of the tax duty. This article proposes to conduct a study of the performance of duties from the point of view of the legitimate interests of the taxpayer. Purpose. The purpose of this study is to consider the legal and organizational aspects of the obligation to pay tax, as well as the resolution of conflict issues in the balancing of public and private interests. Methodology. The methodological basis of the study consists of various General and special methods of cognition of the phenomena of legal reality. Among them, legal-dogmatic and historical-legal methods are particularly important. Results. The article reveals the signs of proper fulfillment of tax duties; distinguishes the concepts of “payment of tax” and “transfer of tax”; substantiates the idea that the implementation of tax duties is associated with the legitimate interests of the taxpayer, the accounting of which is an obligation on the part of the state in the face of law enforcement agencies (courts, tax authorities); analyzes the legal position of the constitutional Court of the Russian Federation on the payment of taxes and the performance of tax duties, defines the boundaries of good faith behavior of the taxpayer. Conclusions. The recognition of a duly performed tax duty is a legitimate interest of the taxpayer, which is subject to protection. Based on the analysis of the multistage process of tax payment and through the prism of the principle of justice, the conclusion about the inadmissibility of imposing all responsibility for not receiving money to the budget only on the taxpayer is substantiated. A practice that gives priority only to fiscal interest leads to an imbalance of private and public interests.

scholarly journals The Concept and Essence of Administrative and Legal Protection of Tax Relations

2019 ◽  
Vol 74 (3) ◽  
pp. 30-34
Author(s):  
K. S. Rohozinnikova
Keyword(s):  
Public Relations ◽  
Legal Protection ◽  
Public Interests ◽  
Public And Private ◽  
Protection Measures ◽  
The Sustainable Development ◽  
Private Interests ◽  
Essential Components ◽  
Protected Object ◽  
Legal Security

The concept and essence of administrative and legal protection of tax relations have been considered. It has been emphasized that the study of general theoretical ideas about the correlation between the concepts of legal security and legal protection will contribute to solving the tasks of the research. The provisions on the correlation of legal security and legal protection in the whole and as a part have been supported. The author has established peculiarities of administrative and legal protection compared with other types of legal protection of public relations: such activity is carried out by public administration agencies through administrative and legal means, including coercive ones. The essential components of administrative and legal protection, which should form the basis of its definition, include: prevention of negative phenomena; detection of possible violations; overcoming harmful consequences (restoration of violated rights); maintaining stable legal relations; prosecuting persons who encroach on the protected object. The author has emphasized on the peculiarities of the purpose of using the means of administrative and legal protection of tax relations – protection of public interests in the field of taxation, as an organic and balanced combination of public and private interests, the satisfaction of which contributes to the sustainable development of society. It has been found out that the content of administrative protection of a particular object is revealed through its means and measures. The analysis of sectoral studies has allowed to establish the following feature of administrative and legal protection measures: they are carried out by means of service nature, the list of which differs depending on the object of administrative legal protection, control and supervision, as well as by applying measures of administrative coercion. The need for a two-vector consideration of administrative and legal protection means has been emphasized: their impact is directed both on the taxpayer and on the controlling agencies (revenue and fees agencies).

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