scholarly journals Private and Public Interests in Russian Law and Jurisprudence: Transformation of Approaches

wisdom ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 168-177
Author(s):  
Marina NEMYTINA ◽  
Tsybik MIKHEEVA ◽  
Pavel LAPO
Keyword(s):  
Modern Society ◽  
Theoretical Models ◽  
Soviet Period ◽  
Soviet Society ◽  
General Context ◽  
Russian Society ◽  
Public Interests ◽  
Private Interests ◽  
First Case ◽  
Private And Public

The article deals with the problem of interests in law and jurisprudence, their identification as private and public interests, the search for a balance of private and public interests in society. The authors emphasize the change in the nature and essence of the private and public in Russian society in the post-Soviet period. This basis allows proposing theoretical models for the transformation of private interests into public ones and the harmonization of such interests in the general context of social, political and legal development. In the first case, we are talking about trends in the development of society, in the second – about the goal of implementing legal policy based on the coordination of interests. By means of reflexive analysis, the authors highlight the interests in law arising in the conditions of post-Soviet society and their understanding within Russian legal science. The justification of the idea of harmonisation of public and private interests in the system of relations of modern society is equally close to jurisprudence and philosophy, history, sociology, political science as fields of knowledge with many points of intersection and common vision.

scholarly journals Social attitudes of young Petersburgers

2020 ◽  
Vol 13 (4) ◽  
pp. 374-392
Author(s):  
Zinaida V. Sikevich ◽  
Keyword(s):  
Content Analysis ◽  
Young People ◽  
Modern Society ◽  
Social Attitudes ◽  
The Body ◽  
Soviet Period ◽  
Soviet Society ◽  
Russian Society ◽  
Young Generation ◽  
The Government

The article presents an empirical analysis of social expectations and attitudes of the modern young generation using the example of St. Petersburg. The study of this phenomenon is based on three studies conducted under the author’s supervision in 1996, 2011 and 2019. The article is based on data from the 2019 study — 153 people. (Saint Petersburg, age group 18–29 years, quota sample by gender, all respondents are of Russian nationality). The questionnaire was compiled using the author’s methods, in particular, the method of symbolic associations with subsequent content analysis of verbal constructs. In the body of the article, the dynamics of changes in the social attitudes of young people is demonstrated based on empirical research data. The change affected the perception of the basic concepts of national identity, such as “Russia”, the “Russian state” and “Russian power”. While there is almost no dynamics in the attitude to Russia as a Homeland, there are significant changes in the opinions towards the state and power. In relation to the government, there was an increase in protest moods, which was found during the content analysis of symbolic associations in the 2019 study compared to the 1996 and 2011 studies. In the historical consciousness of young people there is a positive dynamic of ideas about the pre-revolutionary and Soviet period against the background of the lack of dynamics of ideas about modern Russian society. When comparing “Soviet society” and “modern society”, changes in symbolic associations were recorded in the direction of increasing the number of associations related to human relationships and reducing the number of political associations. The article presents empirical data on the content of the national idea expressed by young people. Illustrative material for the article includes tables and histograms.

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 Public Interest in Private Law Relations of Transition Democracies: A Modern View from the Standpoint of a Systemic Approach

2020 ◽  
Vol 10 ◽  
pp. 430-439
Author(s):  
Iryna E. Berestova ◽  
◽  
Olha V. Verenkiotova ◽  
Natalii Serbina ◽  
Svitlana V. Seminoh
Keyword(s):  
Public Interest ◽  
Large Scale ◽  
The State ◽  
General Nature ◽  
Soviet Society ◽  
Private Law ◽  
Public Interests ◽  
Public And Private ◽  
Private And Public ◽  
The Law

The study investigates the legal nature of the category of "public interest" in private law relations from the standpoint of a systematic scientific approach to law in the countries of post-Soviet society in the modern period. The study states the affiliation of public and private law to the means of achieving the purpose of the law: the recognition of a person, their rights and freedoms as the highest social value of the state. The unsuitability of the theory of the branch belonging to public law has been proved using the universal criterion of separation: the use of the category of "public interest" in the development of the subject and method of the branch in private legal relations. It is concluded that the division of law into private and public is inconsistent in terms of their differentiation of the criterion "method of protecting the rights of their participants", which is activated only after the violation of the latter, while subjective law also exists before the violation, during the existence of regulatory legal relations, and it is the subjective law that forms the affiliation to the relevant industry. During the study, signs of public interest as a legal category were formed. In addition, modern features of public interest as a legal category were outlined from the standpoint of a systematic approach: the general nature of public interests; connectedness with large-scale involvement; recognition by the state and the provision of the law; the possibility of their implementation through measures of state power.

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.

scholarly journals Pacifying Police Units and private interests in Brazil

2020 ◽  
Vol 6 (2) ◽  
pp. 137-153
Author(s):  
Mayane Dore ◽  
Gabriel Bayarri ◽  
Daniel Marías
Keyword(s):  
Latin America ◽  
Public Security ◽  
Ethnographic Case Study ◽  
Public Interests ◽  
Private Companies ◽  
Private Interests ◽  
Brazilian State ◽  
Private Investments ◽  
Private And Public

This article analyzes a concrete policy in the framework of Brazilian Public Security: the Pacifying Police Units (UPPs). It describes this policy and justifies, through an ethnographic case study, how the so-called “pacification of the favelas” articulates a logic of neoliberal urbanism and police infrastructure, understanding the residents of the favelas as potential consumers of their services. The article contextualizes the UPPs model as a paradigmatic case of public security in Latin America in which the discourse of violence/pacification is the main catalyst for private investments. More specifically, the article demonstrates how private companies resort to proximity conflicts mediation as a way of avoiding the judicialization of conflicts with the residents after the “Pacification”. With this case, we expect to illustrate the patrimonialism and clientelism that shapes the Brazilian State and its ambiguous relationships between private and public interests.

scholarly journals VICTIM'S CONSENT TO CONCLUSION OF A PLEA AGREEMENT IN CRIMINAL PROCEEDINGS

2020 ◽  
Vol 73 (4) ◽  
pp. 125-133
Author(s):  
Ivan Kubarev ◽  
◽  
Serhiy Barhan ◽  
Keyword(s):  
Public Relations ◽  
Negative Impact ◽  
Legal Regulation ◽  
Criminal Organization ◽  
The State ◽  
Practical Implementation ◽  
Criminal Proceedings ◽  
Public Interests ◽  
Private Interests ◽  
Private And Public

The purpose of the study is to determine the role of the consent of the victim in concluding a plea agreement between the prosecutor and the suspect (accused), as well as the specifics of the practical implementation of this aspect of criminal procedural compromise. The state acts as a guarantor of the private interests of every citizen, as well as protects the fundamental and publicly important interests that are designed to ensure the normal existence and development of society, seeks to reduce public resonance and negative impact of particularly serious crimes to restore the reliability and steadfastness of its institutions. This article examined the legal regulation of the institution of a plea agreement transaction in a criminal proceeding in which the victim or victims are involved. The institution of a plea agreement in the Criminal Procedure Code of Ukraine helps to save time in the investigation of crimes. The application of the transaction reduces the procedural costs of the state. At the same time, the level of efficiency in solving grave and especially grave crimes committed as part of an organized group or criminal organization is increasing. The burden on the system of judicial and law enforcement agencies is reduced, which leads to an acceleration of the pre-trial investigation of criminal offenses. An attempt has been made to highlight the techniques and methods of persuading the victim to provide the prosecutor with written consent to conclude an agreement with the suspect (accused). The described persuasion techniques help to obtain consent from the victim to conclude a plea agreement in a short time. These methods include such as: argumentation, suggestion, appeal to emotions and feelings. The persuasion process is the softest and most permissible, since it does not entail the emergence of false beliefs in the victim. At the same time, we consider the relationship between private and public interests in the implementation of the plea agreement. Each crime infringes on personal and private interests. The state must guarantee the protection of the established legal order. However, the victim should have the right to express his or her opinion freely in criminal proceedings. Therefore, the institution of a plea agreement cannot fully exist without the consent of the victim. Thus, the consent of the victim must be of an advisory nature, because to maintain the balance of private and public interests, it is important to encroach on public order and the degree of damage to public relations in general.

scholarly journals 《家道與齊家工夫》書後

2013 ◽  
Vol 11 (2) ◽  
pp. 89-91
Author(s):  
Wenming TANG
Keyword(s):  
Filial Piety ◽  
Modern Society ◽  
Confucian Ethics ◽  
Intergenerational Relationship ◽  
Public Interests ◽  
Parents And Children ◽  
Digital Commons ◽  
The Family ◽  
Private And Public

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Professor Ni’s essay on the role of the family provides insights into Confucian ethics. Here I indicate four points. First, the proper approach to understanding Confucian ethics is through virtue theory, not deontology. Second, filial piety can be used as the pretext for grabbing egoism. Third, filial piety entails an equilibrium between private and public interests. Fourth, the reconstruction of the three cardinal guides is necessary in modern society. I also point out two problems with the essay. First, the Confucian idea of marriage is based on the intergenerational relationship between parents and children, not romantic love between a man and a woman. Second, in practice, the strategy is important but the principle is fundamental.DOWNLOAD HISTORY | This article has been downloaded 44 times in Digital Commons before migrating into this platform.

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 Psychological features of the narrative content of the Russian dissertation research of the police of the Russian Empire

2019 ◽  
Vol 9 (1) ◽  
pp. 155-169
Keyword(s):  
Negative Attitude ◽  
State Level ◽  
Modern Society ◽  
Russian Empire ◽  
Soviet Period ◽  
Russian Society ◽  
Dissertation Research ◽  
Soviet Time ◽  
The Russian Empire ◽  
Psychological Features

The article is devoted to the problem of psychology of understanding of the police of the Russian Empire in modern society, which celebrated its 300th anniversary in 2018. Its relevance in connection with the heritage of the negative attitude to it at the state level during the Soviet period and the need for its rethinking in the post-Soviet time is substantiated. The theoretical and methodological, social and practical bases of this activity are analyzed, as well as the specific features of its implementation from the position of the subject-analytical concept of psychology of understanding the reality of the world V. V. Znakov. The conceptual significance of this problem in modern conditions is experimentally proved in connection with the strongly contradictory narrative representation of the police of the Russian Empire in the dissertation research on historical Sciences carried out in General civil scientific centers and in similar studies on legal Sciences, carried out mainly in departmental scientific centers of the Ministry of internal Affairs of Russia. It is stated that this does not meet the interests of the development of modern Russian society and requires reflection and consistent resolution from a psychological standpoint.

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