Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

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 Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

Legal Characteristics of a Servitude in the Public Interest

2016 ◽  
Vol 14 (4) ◽  
pp. 937-939
Author(s):  
Renato Vrenčur ◽  
Michael Knaus ◽  
Matjaž Tratnik
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
The State ◽  
Public Infrastructure ◽  
Public Interests ◽  
The Public ◽  
Legal Nature ◽  
Set Up ◽  
The Right ◽  
Limited Duration

Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.

scholarly journals Ensuring a Balance Between Public and Private Interests in the Implementation of Quarantine Measures

2020 ◽  
Vol 9 (2) ◽  
pp. 317-340
Author(s):  
Yaroslav Lazur ◽  
Tetyana Karabin ◽  
Oleksander Martyniuk ◽  
Oleksandr Bukhanevych ◽  
Oksana Kanienberh-Sandul
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Interests ◽  
Fiscal Stimulus ◽  
Private Interests ◽  
Private And Public ◽  
The Government ◽  
The Right

Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.

Un péage à l'orée du bois? (Essai) | A tollbooth at the forest edge? (Essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 244-246
Author(s):  
Olivier Guex
Keyword(s):  
Public Interest ◽  
Supply And Demand ◽  
Forest Edge ◽  
Comparative Assessment ◽  
The Other ◽  
The Public ◽  
Du Bois ◽  
Private Interests ◽  
The One ◽  
The Right

Does the principle of multifunctionality mean that the forest must fulfill every requirement put forward? Does the modern notion of “commodity”, drawn from the laws of supply and demand, give forest owners the right to expect payment for every service provided? In view of the current difficult economic situation and the increase and diversification of these requirements, the questions are justified. This article does not have the pretension to provide all the answers. However, by means of further questions and through the introduction of various examples, the reader is invited to consider the subtly differentiated proportions of the importance of the public interest on the one hand as opposed to that of private interests on the other, and thus to be able to draw conclusions. Thanks to this comparative assessment, possibilities concerning the magnitude and the source of these payments should become clear.

Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests

10.4335/52 ◽  
2009 ◽  
Vol 6 (2) ◽  
pp. 245-270
Author(s):  
Janez Ahlin
Keyword(s):  
Public Interest ◽  
Public Law ◽  
Public Private Partnership ◽  
Legal Order ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Interests ◽  
Legal Nature ◽  
Concession Contract

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order. KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

scholarly journals Currency circulation and its organization in the Russian Federation as a public need and interest

2021 ◽  
pp. 47-55
Author(s):  
Oleg Mikhailovich Krylov
Keyword(s):  
Public Interest ◽  
Public Life ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Legislative Framework ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the categories of “public need” and “public interest”. The object is the currency circulation and its organization. The author examines the elements of currency circulation, which represent independent public needs with corresponding public interests in its organization. Special attention is given to interrelation between the public needs in currency circulation and public interests, which serves as the legislative framework for currency circulation and observance of the balance of public and private interests in organization of currency circulation. The conclusion is drawn on the representatives of public interest in currency circulation and interdependence of public needs in currency circulation on the corresponding public interests in its organization. The author also formulates a number of interesting conclusions on interrelation between public needs in currency circulation, public interests and needs in other spheres of public life and organization of currency circulation, which serve as the legislative framework for currency circulation and observance of balance of public and private interests in organization of currency circulation. The novelty of this research consists in determination of the content of public interest in currency circulation, as well as in establishment of correlation with public interests and needs in other spheres of public life.

Forfeiting proceeds: Civil forfeiture, the right to property and the Constitution

2021 ◽  
Vol 138 (2) ◽  
pp. 325-368
Author(s):  
Michael Rhimes
Keyword(s):  
South Africa ◽  
Public Interest ◽  
Organised Crime ◽  
The Public ◽  
Private Interests ◽  
The Republic ◽  
Vexed Question ◽  
The Right ◽  
Crime Deterrence ◽  
Fair Balance

Civil forfeiture powers are a useful tool in the fight against crime — particularly the organised kind. They deter such crime by removing the proceeds from wrongdoers, thereby diminishing the incentives for offending. However, as the courts in South Africa have long recognised, the forfeiture powers must be calibrated to ensure a fair balance between the public interest in crime deterrence and private interests such as the right to property. Achieving this balance when forfeiting proceeds is a vexed question which this article seeks to explore. It argues that while the forfeiture of proceeds will usually be justified by the legitimate aim of crime deterrence, forfeiture should nevertheless be subject to a proportionality check. This check is arguably required by the property clause in s 25(1) of the Constitution of the Republic of South Africa, 1996, and is justified by the need to constrain the breadth of the powers under the Prevention of Organised Crime Act. It then explores what situations might justify refusing forfeiture of proceeds, and how the proportionality check should be applied.

scholarly journals Do the Orthodox Rules of Lawyering Permit the Public Interest Advocate to Do the Right Thing: A Case Study of HIV-Infected Prisoners

1992 ◽  
Vol 30 (4) ◽  
pp. 1258
Author(s):  
Judith Mosoff
Keyword(s):  
Public Interest ◽  
Private Interest ◽  
Public Interest Litigation ◽  
The Public ◽  
The Right ◽  
The Relationship ◽  
Do The Right Thing

The author explores the area of public interest litigation using her experiences as counsel for an HIV infected prisoner to illustrate public interest concepts and concerns. The author first provides a background to the case and then discusses the special considerations that must be addressed in public interest litigation. She points out how this approach differs from private interest litigation in such areas as the overall goal of litigation and in the relationship between counsel and other actors. In concluding, the author notes particular areas that need to be examined and improved for more effective public interest litigation.

scholarly journals Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 8 maja 2018 r., II OSK 1357/17 – aprobująca

2019 ◽  
Vol 17 (2) ◽  
pp. 125-132
Author(s):  
Marta Woźniak
Keyword(s):  
Property Rights ◽  
Public Space ◽  
Cultural Values ◽  
Public Interest ◽  
Public Law ◽  
Private Interest ◽  
The Public ◽  
Constitutional Principle ◽  
Principle Of Proportionality ◽  
Subjective Rights

The judgment of the Supreme Administrative Court of 8 May 2018 concerns the issue of relations of property rights to public interest, in connection with the resolution of the commune council, regarding the creation of a culture park. The resolution introduces a specific public-law regime in a given area, taking into account the general needs, which simultaneously causes interference in the sphere of subjective rights, in particular through a system of prohibitions and restrictions. The judgment is based on the conviction that there is a need in the public space to protect cultural values. In the aspect of the constitutional principle of proportionality, it is also important to consider the private interest in the area covered by protection in the form of a culture park.

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